1983 May Council Proceedings118
Special Session, April 18, 1983
Regular Seqsion, May 2, 1983
CITY COUNCIL
OFFICIAL
Regular Session, May 2, 198~.
Council Met at 7:30 o'clock p.m., in
the City Hall Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deicl~, Hammel,
Kluesner, Kronfeldt, City Manager W.
Kenneth Gearhart, Corporation
Counsel Harley F. Stark, Jr.
Absent--Council Member Klauer.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
REGULAR MONTHLY MEETING
of the City Council called for the
business to act upon such business
which may properly come before the
Council.
Invocation was given by Father
Joseph P. Herard, Principal of
Wahlert High School.
MAYOR BRADY SWORE IN
RHONDA KRONFELDT AS
MAYOR PRO-TEM IN ACCOR-
DANCE WITH ORDINANCE NO.
3-82.
PROCLAMATIONS: May 6th as
"Nurse's Day" received by Jean
Dunne and Lorene Colhi of Mercy
Medical Center and Finley Hospital.
Month of May as "Child Abuse
Prevention Month" received by Jean
Tiffany and John Galle.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on intentiofi to issue In-
dustrial Development Revenue Bonds
Series 1983 (Frommelt Partnership
Pro~ect), 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
received and fried. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Kluesner, Kronfeldt. Nays--None.
Absent--CouncR Member Klauer.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Beurskens. Carried by the following
vote:
119
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammal,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION 85-83
Resolution to Proceed with the Is-
suance and Sale of Industrial Develop-
merit Revenue Bonds, Series 1983
Prommelt Partnership Project) in an
aggregate principal amount not to ex-
ceed $5,000,000"
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa 1981,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con-
struction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or assemb-
lng of any agricultural or manufac-
tared products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multistate business; and
WHEREAS, THE Issuer was
~reviously requested by Frommelt In-
dustries, Inc. (the "Company"l, an
Iowa corporation, to issue its in-
dustrial development revenue bonds
to finance the Company's acquisition
by construction or purchase of
buildings, equipment and im-
provements suitable for use as a
manufacturing plant for material
handling equipment {the "Project") to
be located within the Issuer, which will
promote the welfare of the Issuer and
its citizens; and
WHEREAS, it was proposed to
finance the cost of the Project through
the issuance of Industrial Develop-.
ment Revenue Bonds, Series 1981
(Frommelt Industries, Inc. Project) of
the Issuer in an aggregate principal
amount not to exceed $5,000,000 (the
"Bonds") and to loan said amount to
the Company under a Loan Agreement
between the Issuer and the Company,
the obligation of which would be suffi-
cient to pay the principal of and in-
120
Regular Session, May2,1983
terest and redemption premium, if
~ny, on the Bonds, as and when the
same become due; and
WHEREAS, the Issuer previously
conducted a public hearing on the pro-
posal to issue said Bonds, all as re-
quired and provided for by Section
419.9 of the Act; and
WHEREAS, since the public hear-
lng the Company has proposed and the
Issuer has consented to an assignment
by the Company of its interests in and
to the Project to Frommelt Partner-
ship, an Iowa General Partnership,
(the "Partnership"), which Partner-
ship has agreed to assume all the
duties and responsibilities of the Com-
pany with respect to the Project and
the Bonds; and
WHEREAS, the Partnership pro-
poses to acquire the Project and to
lease it to the Company for the use
stated above; and
WHEREAS, a second notice of in-
tention to issue the Bonds has, as
directed by the City Council of the
Issuer, been duly given in compliance
with the Act; and
WHEREAS, a second public hear-
lng has been held on the proposal to
issue the Bonds at the time and place
as specified in said notice and ali objec-
tions or other comments relating to
the issuance of the Bonds have been
heard; and
WHEREAS, the Bonds have been
redesignated "Industrial Develop-
ment Revenue Bonds, Series 1983
(Frommelt Partnership Project)";
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. It is hereby determined it
is necessary and advisable that the
Issuer proceed with the issuance and
sale of the Bonds as authorized and
permitted by the Act to finance the
cost of the Projecg and such actions
will be taken by the Issuer as may be
required pursuant to the provisions of
the Act to authorize, issue and sell the
Bonds.
Section 2. The Issuer will enter into
all agreements necessary to be entered
into by the Issuer in connection with
the issuance and sale of the Bonds.
The City Attorney shall approve all
agreements to be entered into in con-
nection with the issuance of the Bonds
and such agreements shall be authoriz-
ed and approved after due considero,
tion by this Council prior to their ex-
eeution by the Issuer.
Section 3. The Mayor, the City Clerk
and the City Attorney are hereby
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishment of the Pro.
~ect and the issuance and sale of the
Bonds.
Section 4, All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
~ection 5. This Resolution shall
become effective immediately upon its
passage and approval
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
(Seal)
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Councll
Members Beurskens, Deich, Hammel,
Klueener, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing providing for the amendment
of the current Fiscal Year 1983
Budget, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing. Coun-
cil Member Kluesner moved that ~he
proof of publication be received and
filed. Seconded by .Council Member
Deich. Carried by the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueener, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 86-83
A Resolution Amending the Current
Budget for the Fiscal Year Ending
June 30, 1983.
Regular Session, May 2, 1983
121
BE IT RESOLVED by the Council of
the City of Dubuque, Iowa:
Section 1, Following notice pub-
llshed April 22, 1983 and the public
hearing held May 2, 1983,
the current budget (as previously
amended) is amended as set out herein
and in the detail by fund and activity
that supports this resolution which
was considered at that hearing:
CURRENT GOVERNMENTAL AND
FIDUCIARY OPERATIONS
AS CERTIFIED
OR LAST AMOUNT OF AMENDED
AMENDED CHANGE TO:
1. Total Beginning
Cash Balance 3,297,4000 3,297,400
2. Income Other Than
Property Tax 6,847,806 +5,749,482 12,597,288
3. State-Shared
Revenue 2,765,151 2,765,151
4. Property Tax
Asking 10,692,040 10,692,040
5. TOTAL
RESOURCES 23,602,397 +5,749,482 29,351,879
6. Less, Working
Balance (Reserve) 4,520~272 -- 366,164 4,154~108
7. Net Resources for
Appropriations 19,082,125 +6,115,646 25,197,771
8. Community
Protection 7,231,674 + 2,548 7,234,222
9. Human
Development 3,424,353 + 177,780 3,602,133
10. Home and Communi-
ty Envlronment 6~980,624 +5,905,818 12,886,442
1L Policy and
Administration 1,445,474 + 29,500 1,474,974
12. TOTAL
APPROPRIATIONS 19,082,125 +6,115,646 25,197,771
CURRENT PROPRIETARY OPERATIONS
ASCERTIFIED
OR LAST AMOUNT OF AMENDED
AMENDED CHANGE TO:
1. Total Beginning
Cash Balance 1,877,551 1,877,551
2. Income Other Than
Property Tax 8,317,194 8,317,194
3. State-Shared
4. Property Tax
8. Community
122
Regular Session, May 2, 1983
CURRENT GOVERNMENTAL AND
FIDUCIARY OPERATIONS
Reason: UDAG Loans, Assisted Hous-
Lng Payments, Security Building Con-
structinn, Ind. Center
CURRENT PROPRIETARY
OPERATIONS
Reason: Coa~al Cab~Purchase and
Cab~ TV RateS~dy
PROGRAM Community Human Home & Community Policy and
TOTALS Protection Development Environment Administration
FROM 13. 7,241,445 3,424,353 14,894,336 1,695,914
TO 14. 7,243,993 3,602,133 20,800,154 1,742,014
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Ayes--James Brady, Thomas Beur-
skens, Donald Deich, William Ham-
reel, Loras Kluesner, Rhonda
Kronfeldt.
Nays--None.
Absent: John Klnaer.
I hereby certify the above transac-
tions to be a true copy of the preceding
of the city council and the resolutions
passed in the above matter.
May 3, 1983
Mary A. Davis
City Clerk
Cmincil Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 87-83
A Resolution for the
Permanent Transfer of Funds
WHEREAS, there is now in the
hands of the Treasurer the sum of
$31,989 credited to the General Fund;
and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$19,646 credited to the Library Con-
struction Fund; and
WHEREAS, there is-now in the
hands of the Treasurer the sum of
$52,913 credited to the General Con-
struction Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$17,851 credited to the Revenue Shar-
ing Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$58,000 credited to the Storm Sewer
Construction Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$102,109 credited to the Water Con-
structinn Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$481,352 credited to the Water Con-
struction Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$26,000 credited to the Road Use Tax
Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$26,000 credited to the Conununity
Development Fund; and
WHEREAS, it is desired to transfer
$31,989 from the General Funds to the
Golf Construction Fund in order to
reserve the prior year net surplus for
capital projects; and
WHEREAS, it is desired to transfe~
an estimated $19,646 in interest earn-
ings from the Library Construction
Fund to the Debt Service Fund; and
WHEREAS, it is desired to transfer
$52,913 from the General Construc-
tion Fund to the Tax Increment Fund
to support a transfer of $7,248 from
the Tax Increment Fund to the Iowa
R-15 Reserve Fund and $32,478. from
the Tax Increment Fund to the Iowa
R-15 Sinking Fund to meet bond
covenants; and
WHEREAS, it is desired to transfer
$17,851 from the Revenue Sharing
Fund to the Airport Construction Fund
for tho local share of the runway
lighting project ($4,376), apron lighting
project ($1,000), security fence ($800),
wind cone {$300~, site preparation
($7,100) and gas pump ($4,275); and
WHEREAS, it is desired to transfer
$58,000 from the Storm Sewer Con-
struction Fund to the Street Conetruc-
Regular Session, May 2~ 1983
123
tion Fund for storm sewer work
related to the Street Program; and
WHEREAS, it is desired to transfer
an estimated $102,109 from the
Sanitary Sewer Construct'mn Fund to
the Industrial Center Control Fund for
the local share of sewer lines and on-
site improvement expense related to
the Industrial Center Project; and
WHEREAS, it is desired to transfer
an estimated $481,352 ~rom the Water
Construction Fund to the Industrlni
Center Control Fund for the local
share of water tank and mains and on-
site improvements for the Industrial
Center Project.
WHEREAS, it is desired to transfer
$26,000 from the Road Use Tax Fund
and $26,000 from the Community
Development Fund to the Industrial
Center COntrol Fund 'for the local
share of cni-d~-sac construction on the
Industrial Center Project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That said sum of $815,860, as set forth
above, be ond the same is hereby
transferred from the General Fund,
Library Construction Fund, General
Construction Fund, Revenue Sharing
Fund, Storm Sewer Construction
Fund, Sanitary Sewer Constrtiction
Fund, Water Construction Fund, Road
Use Tax Fund and Community
Development Fund to the Golf Con-
structinn Fund, Debt Service Fund,
Tax Increment Fund, Airport Con-
struction Fund, Street Construction
Fund and Industrial Center Control
Fund, and the City Finance Director is
directed to correct his books aecor-
dingly,
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klue~nsr moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yens--Mayor Brady, Council Mem-
hers Beurskene, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Nons.
Absent--Council Member Klauer.
Proof of publication, certified to by
the Fubllsher, on Notice of Public
Hearing providing for the rezoning of
property known as the "North Sector"
presented and read.
There were no written objectinns
received and no oral objectors present
at the time set for the Hearing. Coun-
cil Member Kronfeldt moved that the
proof of publication be received and
filed. Seconded by Council Member
Bearskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member KIauer.
ORDINANCE NO. 22-83
AN ORDINANCE PROVIDING
THAT THE CODE OF OR-
DINANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA, TO AMEND THE ZONING
MAP WITH REGARD TO PROPER-
TIES IN THE NORTH SECTOR OF
THE TERRITORY INVOLUNTARI-
LY ANNEXED TO THE CITY OF
DUBUQUE, IOWA, e~id ordinance
having been presented and read at the
council meeting Of April 11, 1983,
presented for final adoption.
Council Member Deich moved to
amend the Ordinance, thereby
downgrading portion of H-I to AG,
(the southerly 200 ft. of Lot 1-1-1).
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
ORDINANCE NO. 22-83
AN ORDINANCE PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA BE
AAAENDED BY REVISING APPEN-
DiX A THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE AND
ZONING A~AP OF THE EITY OF
DUBUQUE, IOWA, TO AA~END THE
ZONING AAAP WITH REGARD TO
PROPERTIES IN THE NORTH SECL
~FOR OF THE TERRITORY INVO-
LUNTARILY ANNEXED TO THE
CITY OF DUBUQUE, IOWA.
124
Regular Session, May 2, 1983
WHEREAS, the City of Dubuque,
Iowa annexed certain territory on
June 1, 1979, pursuant to a final order
of the City Development Board of the
State of Iowa; and
WHEREAS, bv Ordinance NO. 39-79,
the City Council established tem-
porary zoning regulolions for the
annexed territory pending establish-
ment of zoning clossificalions
according to procedures prescribed
in Article VIII of lhe Zoning Ordi-
WHEREAS, the Cilv Planning and
Zoning Commission has cOmbleted a
study of the land uses and zoning clas-
sifications in the portion of the
Sector and has reporled its findings
and recommendations fo Ihs City
Council; and
WHEREAS, all requirements of
Article VIII, Section 8, of Appendix A
of the Code of Ordinances of fha City
WHEREAS, all requirements of
Chapter 414 Code of Iowa 1979 with
regard to the preparation of the report
of the Zoning Commission and subse-
quent action of the City Council have
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended bv revising Appendix A
City of Dubuque, Iowa", to establish
zoning districts for the territory
known as the North Sector in accor-
dance with Exhibit "A" hereto
attached.
Section 2. That the provisions of
Ordinance No. 39-79 providing tem-
porary zoning classifications for the
annexed territory as they ODDly to the
North Sector Jn accordance with
Exhibit "A" only are hereby
Section 3. That the foregoing
approved by the P~anning and Zoning
Commission of the C~fy of Dubuque,
PASSED, ADOPTED AND
APPROVED this 2nd day of May,
1983.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially In the Tele-
graph Herald newspaper this 10th da,,'
of May, f983.
Mary A. Davis
It 5/10 City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance, as
amendedl Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel.
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Proof of publicatlon, certified to by
the Publisher, on Notlce of Public
Hearing providing for rezoning of pro-
perties adjacent to the North Sector in
the City, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing. Coun-
cil Member Kronfeldt moved that the
proof of publication be received and
filed. Seconded by Council Member
Beurekens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueener, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
ORDINANCE NO._ 23-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES, CITY OF DUBUQUE,
IOWA, TO AMEND THE ZONING
MAP WITH REGARD TO PROPER-
TIES ADJACENT TO THE NORTH
SECTOR IN THE CITY OF
DUBUQUE, IOWA, said Ordinance
having been presented and read at the
Council Meeting of April ii, 1983,
presented for final adoption.
ORDINANCE NO. 23-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, TO
AMEND THE ZONING MAP WITH
REGARD TO PROPERTIES ADJA-
CENT TO THE NORTH SECTOR IN
THE CiTY OF DUBUQUE, IOWA.
NOW, THEREFORE, BE IT
ORDAINED EY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section f. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known OS the "Zoning
Ordinance and Zoning Map of the
City of Dubuque, Iowa", to reclassify
hereinafter described property from
"AG Agricultural District" classifi-
cation to "C-3 Arterial Business
Commercial District" classification,
to wit:
Block VI of Terrace Estates First
Addition, Lot 2 of Lot 1 of Lot 1 of
Lot 1 of LOt 1 of Lot 1 of Lot 1 of Lot
1 of Lot 1 of Lot 4 of Lot 1 of Lot 1
of Lot 1 of Lot I and Lot 2 of Lot 1 of
Lot 1 of Mineral Lot 324 and Lot 2 ot
Lot 1 of Lot 1 of Lot I of lot 1 of Lot 1
of Lot 1 of Lot 4 of Lot I of Lot 1 of
Lot 1 nf Lot I and Eat 2 of Lot 1 of
Regular Session, May 2, 1983
125
Lot I of Mineral Lot 324, all in the
City of Dubuque, Iowa.
Section 2. That the Code of Ordi-
nances of the City of Oubuque, Iowa
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the
Cily of Dubuque, Iowa", to reclassify
hereinafter described property from
"HI Heavy Industrial District" clas-
sification to "LI Lighl Industrial
District" classification, to wit:
Portion of Lot 1 of Great Western
Subdivision no. 1 in Section 13 and
14 and a portion of Lot 2 of Great
Western Subdivision no. 1 in Sec-
tion 13, all in the City of Dubuque,
IOWa,
Section 3. That the Code of Ordi-
naoces of the City of Dubuque, Iowa
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning MaD of the
City of Dubuque, Iowa'", Io reclassify
hereinafter described property from
"LI Light Industrial District'* classi-
fication to "C-2 Local Service Com-
mercial District" classification, to
wit:
Lot 3 of Heim Subdivision in Ihs
City of Dubuque, Iowa.
Section 4. That the Code of Ordi-
nonces of the City of Dubuque, Iowa
be amended bv revising Appendix A
thereof, also known as lhe "Zoning
Ordinance a~d Zoning Map of the
City of Dubuque, Iowa" to reclassif~
hereinafter described property from
"HI Heavy Industrial District" clas-
sification to "C-2 Local Service
Commercial District" classlflcallon
to wit:
Lot 2 of Lot 2 of Lot 2 of Lot 1 of
LOl I of Lot 1 of Helm Subdivision
in the City of Dubuque, Iowa.
Section 5. That the foregoing
amendments have heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 2nd day of May,
1983.
James E, Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Tele-
graph Herald newsgaPer this 10Ih
day of May, 1983.
Mary A. Davis
City Clerk
It 5/10
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Bear-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing providing for a rate increase
for Cable TV Basic Services, presented
and read.
James Renier, 1311 Tomahawk, re-
quested no increase in rates for those
who do not have converters.
Gary Clark, of Swede's TV, and Joel
Glennon, 1004 Davis, objected to an
increase in rates.
Dan DeLaney, of Group W Cable,
restated the need for the increase (for
copyright fees, etc.).
Council Member Khiesner moved
that the proof of publication be
received and filed. Seconded by Court-
cil Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfoldt.
Abeant--Council Member Klauer.
Communication of Christian Smith
objecting to signal transmission on
subscriber channels (violation of 6.12
of franchise), presented and read.
Mr. Smith, of 2136 N. Main, spoke to
the communication, objecting to
receiving signals he did not pay for
and did not want in his home.
Council Member Klueaner moved
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by tbe
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
sub.mitring an Ordinance providing for
an increase in Cable Television
subscriber rates for basic services,
presented and read.
Council Member Khieaner moved
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurekens, Deich. Hammel,
Nays--Council Member Kronfeldt.
Absent--Council Member Klauer.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
subsection (a), (b), (t), (g) and (i) of Sec-
tion 36-183 in lieu thereof, providing
for monthly subscriber rates for Cable
Televieinn, presented and read.
Council Member Khiesner moved
that the reading just had be con-.
126
Regular Session, May 2, 1983
sidered the first reading of the Or-
dinance, that the rule requiring an Or-
dinance to be presented and read at
two meetings prior to the meeting
when final action is taken, be
dispensed with, and final adoption of
the Ordinance. Seconded by Council
Member Hanunel. Vote on the motion
was as follows:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner.
Nays--Council Member Kronfeldt.
Absent--Council Member Klauer.
MOTION FAILED TO PASS DUE
TO A LACK OF A ~A VOTE.
Council Member Beurskens moved
that the reading just had be the first
reading of the Ordinance. Seconded by
Coundd Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beursknas, Deioh, Hammel,
Khiesner.
Nays--Council Member Krnafeldt.
Absent--Council Member Klauer.
Petition of John J. Blocker re-
questing approval of a Specialty Shop
to be located at 372 Bluff St.,
presented and read.
Council Member Hammel moved
that the petition be received and filed.
Seconded by Council Member Beur-
skens. Carried by the fonowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
submitting letters from State
Historical Preservation Officer,
Dubuque County Historical Society
and Historical Preservation Commis-
sion requesting approval to designate
property at 372 Bluff St. as architec-
rurally significant and set for Public
Hearing, presented and read.
Council Member Hammel moved
that the communication be received
and filed and that a Public Hearing be
set on the matter on May 16, 1983 at
the Public Library Auditorium at 7:30
p.m, with the City Clerk to publish
notice in the manner prescribed by
law. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
Communication of City Manager re-
questing authorization to submit a
Section 5 Operating Assistance Ap-
plioation to UMTA and set the matter
for public hearing on June 6, 1983,
presented and read.
Council Member Hammel moved
that the communication be received
and filed and that the matter be set for
Public Hearing on June 6, 1983 at 7:30
in the City Hall Council Chambers and
that the City Clerk be directed to
publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager re-
questing authorization to submit an
Operating Assistance Application to
the Iowa State Public Transit Divi-
s~ion, presented and read.
Council Member Beurskens moved
that the communicatlon be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
KIuesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 88-83
Authorizing Submission of an Ap-
plication for Operating Assistance
with the Iowa Department of
Transportation
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor is hereby
authorized and directed ~o execute an
application for operating assistance
for Fiscal Year 1984 for transit opera-
tions to be submitted to the Iowa
Department of Transportation on May
Section 2. That the City Clerk is
hereby authorized and directed to
publish notice of a public hearing to
held at 7:30 v~m. on May 16, 1983 at the
Carnegie Stout Public Library on such
RegularSession, May2,1983
127
application.
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deioh. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammdi,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager re-
questing authorization to submit an
application to the Urban Mass
Transportation Administration (Sec-
tion 9a) and to set a Public Hearing on
the application for May 16, 1983,
presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 89-83
Authorizing the Filing of an Appllca-
tion with the U.S. Department of
Transportation
WHEREAS, the Secretary of
Transportation is authorized to make
grants for mass transportation pro-
jects: and-
WHEREAS, the contract for finan-
cial assistance will impose certain
obligations upon the applicant, in-
chiding the provisions by it of the local
share of project costs; and
WHEREAS, it is required by the
U.S. Department of Transportation in
accord with the provisions of Title IV
of the Civil Rights Act of 1964, that in
connection with the filing of an ap-
plication for assistance under the Ur-
ban Mass Transportation Act of 1964,
amended, the applicant give an
assurance that it will comply with Ti-
tie IV of the Civil Rights Act and the
U.S. Department of Transportation re-
qulrements thereunder; and
WHEREAS, it is the goal of the Ap-
plicant that minority business enter-
prise be utilized to the fullest extent
possible in connection with this pro-
ject, and that definite procedures shall
be established and administered to en-
sure that minority businesses shall
have the maximum feasible opportuni-
ty to compete for contracts when pro-
curing construction contracts, sup-
plies, equipment contracts, or consul-
tant and other services.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor is
authorized and directed to execute an
application on behalf of the City of
Dubuque with the U.S. Department of
T~nsportation, to aid in the financing
of capital assistance projects pursuant
to Section 9A of the Urban Mass
Transportation Act of 1964, as
amended.
Section 2. That the Mayor is
authorized and directed to execute
with such application an assurance or
any other document required by the
U.S. Department of Transportation el-
fectuating the purposes of Title IV of
the Civil Rights Act of 1964.
Section 3. That the East Central Ir~
tergovernm~ntal Association is
authorized to furnish such additional
information as the U.S. Department of
Transportation may require in connec-
tion with the application for the pro-
jeer.
Section 4. That the Mayor is
authorized and directed to set forth
and execute affirmative minority
business policies in connection with
the project's procurement needs.
Section 5. That the Mayor is
authorized and directed to execute
grant agreements on behalf of the City
of Dubuque with the U.S. Department
of Transortotion for aid in the finane-
ing of the capital assistance projects.
Section 6. That the City Clerk is
authorized and directed to publish a
notice of public hearing to be held on
the application at 7:30 p,m., May 1~
1983, in the Carnegie Stout Public
Library Auditorium.
Passed, adopted and al)proved this
128
Regular Session, May 2, 1983
2nd day of May, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution, setting
Hearing for May 16, 1983 at 7:30 at
the Public Library Auditorium with
the City Clerk directed to publish
~otice in the manner prescribed by
law. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Counc'd Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Counall Member Klauer.
Communication of City Manager[
submitting Resointion advising of in-
tent to lease the E. B, Lyons Prairie-
Woodland Preserve and Nature Inter-
pretive Center to the Iowa State Con-
servation Commission effectlve July 1,
1983, presented and read.
Council Member Beurskena moved
that the communication be recelved
and filed. Seconded by Council l
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 90-83
Declaring City Council Intent to Lease
E. B. Lyons Preserve and Nature
Center to the State and Authorizing
Public Hearing
WHEREAS, the City of Dubuque, is
the owner and operator of a public ser-
vice preserve and interpretive center
known as the "E. B. Lyons Prairie-
Woodland Preserve and Nature Inter-
pretive Center"; and
WHEREAS, the Iowa State Conser-
vation Commission is the owner of cer-
tnin land known as the "Mines of
Spain", located in close proximity to
the Lyons Preserve and Nature
Center; and
WHEREAS, the City of Dubuque
desires to lease the Lyons Preserve
and Nature Center to the Iowa State
Conservation Commission for incor-
poration in the "Mines of Spain" pro-
ject; and
WHEREAS, the lease of the Lyons
Preserve and Nature Center to the
Iowa State Conservation Commission
is determined to be in the public in-
terest; and
WHEREAS, the Code of Iowa, 1981,
under Section 364.7, stipulates that a
resolution shall be adopted to publish
a notice as provided in Section 362.3 of
the Code of Iowa relating to the date,
time and place of a public hearing on a
proposal for the disposition of the pro-
perty;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That it is the intent of the
City Council of the City of Dubuque,
Iowa to lease to the Iowa State Conse~
ration Commission by agreement
hereto attached, real estate described
as:
Lots 2 and 3 of the northeast one-
quarter of the southeast one-quarter of
section 1, township 88 north, range 2
east of fifth prime meridian,, lots 2 and
$ of the northwest one.quarter of the
southwest o~e-quarter, lots 2 and 3 of
the northeast one-quarter of the
southwest one-quarter, and lot 2 of lot
I of the southwest one-quarter of the
southwest on~-quarter of section ~
township 88 north, range 3 east of the
fifth prime meridian in Dubuque Coun-
ty, Iow~
as shown upon Exhibit A to the lease
agreement hereto attached for the pu~
pose of pedestrian-oriented activities
consistent with the goals of the Iowa
State Conservation Commission in the
management of the "Mines of Spain"
project and to provide public
pedestrian access to the "Mines of
Spain" site.
The lease of such property shall be in
consideration for the payment of
casualty and liability insurance
premiums ($8~0 for the first year due
on July 1, 1983) and shall be subject to
the conditions and restrictions set
forth in the lease agreement hereto aP
tached.
Section 2. That the City Clerk is
hereby directed to give notice in the
manner required by law of a public
hearing to be held on May 1~ 1983, at
Regular Session, May 2, 1983
129
7:30 p.m. in the Carnegie Stout Public
Library Auditorium, llth and Bluff,
Dubuque, Iowa, at which time and
place all interested parties will be
given opportunity to be heard for or
against the proposal to lease the real
estate herein described.
Passed, adopted and approved this
2nd day of May, 19B3
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-
bets Beurskens, Deich, Hammel
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of Planning and
Zoning approving rezonlng request of
Northrange Associates, Inc. for pro-
perty located north of Pennsylvania
Ave. and east of Radford Road from
AG to C-3 and R-2 Zoning, presented
and read.
Council Member Kinesner moved
that the communication be recelved
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
An ORDINANCE Amending Zon-
ing Ordinance and Zoning Map by
reclassifying properties east of Bad-
ford Road and north of Pennsylvania
Ave. from AG Agricultural District to
R-2 Single Family Residential District
and C-3 Commercial District,
presented and read.
Council Member Kluesner moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Ahaent--Councfl Member Klauer.
Council Member Kinesnar moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, ha dispensed with Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Council Member Kluesner moved
that a Public Hearing be held on the
Ordinance on June 6, 1983 at the City
Hall Council Chambers at 7:30 p.m.
and that the City Clerk be directed to
publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of Planning and
Zoning recommending an amendment
to the conditional use provisions of the
OR-1 Office Residential District which
allows for adaptive uses in historic or
architecturally significant structures,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesnar, Kronfeldt. Nays--None.
Abeent--Councll Member Klauer.
An ORDINANCE Amending the
Zoning Ordinance by enacting a new
Sectlon 4-109.4(3) of Article IV in lieu
thereof to allow adaptive uses as a con-
ditional use in histozic or architectural-
ly significant structure in the OR-1 Of-
rice Residential District, presented
and read. Council Member Kronfeldt
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Council Member
Beurskena. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Ahs~nt--~ounei] Momhnr Klsunr.
130
Regular Session, May 2, 1983
Council Member Kronfeld~ 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-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Council Member Kronfeldt moved
that a Public Hearing be held on the
Ordinance on June 6, 1983 at 7:30 p.m.
in the City Hall Council Chambers and
that the City Clerk be instructed to
publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Beurskens. Car-
rlad by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeidt. Nays--None.
Ahaent--Councll Member Klauer.
Communication of Planning and
Zoning recommending amendment to
Section 6-106.5 Conditions and
Restriction on the Conditional Use
Permit of the Zoning Ordinance,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Benrskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
An ORDINANCE Amending Appen-
dix A of the Code of Ordinances by
enacting a new Section 6-106.5 of Arti-
cie VI in lieu thereof to clarify that any
modification of the condition or
restriction under which a conditional
user permit is granted shall require the
submittal and approval of a new condi-
tional use permit, presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yens--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be despensed with. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Council Member Benrskens moved
that a Public Hearing be set on the Or-
dinance on June 6, 1983 at 7:30 p.m. in
~he City Hall Council Chambers and
that the City Clerk be instructed to
publish notice in the manner
prescribed by law. Seconded by Coun-
cil Member Kluesner. Carried by the
renewing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of Planning and
Zoning recommending to change the
regulations for group homes in
residential districts, in response to re-
cent State legislation, presented and
read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
An ORDINANCE Amending Ap-
pendix A of Code of Ordinances by
enacting a definition for "Developmen-
tally Disabled" and "Family Home" in
Article XI "Definitions" and enacting
a new definition of "Group Home" of
Article XI in lieu thereof, all to allow
family homes for a maximum of eight
developmentally disabled individuals
as a permitted use in the R-1 thru R-5
Residential District and OR-1 and
OR-l(a) Office Residential Districts,
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
Deich. Carried by the following vote:
Regular Session, May 2, 1983
131
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
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 Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, ttammal
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Council Member Kronfeldt moved
that the Ordinance be set for Publl(
Hearing on June 6, 1983 at 7:30 p.m.,
at the City Hall Council Chambers and
that the City Clerk be instructed to
publish notice in the manner pre-
scribed by law. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Petitions of Mark Woodman, Bruce
Nageimaker, Lyndeen Welbes and
Carole Stahi requesting to address the
City Council concerning the Civil Ser-
vice exam which was conducted for the
position of Bus Operator on April 7,
1983, AND Petitions of Mei Lees, and
Richard C. Saul, Jr. for above,
presented and read.
Council Member Deich moved that
the petitions be received and filed.
Seconded by Council Member Ham-
reel. Carried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady.
Absent--Council Member Klauer.
Richard Saul spoke to the petition.
Council Member Beurskens moved
to amend the above motion to refer the
petitions to the Civil Service Commie-
sion and Staff and report back.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeidt.
Nays--None.
Absent--Council Member Klauer.
Council recessed at 9:02 p.m.
Council reconvened at 9:13 p.m.
Petition of Kevin G. Magee re-
questing to address the Council on
behalf of the Coalition for Human
Rights, presented and read.
Mr. Magee submitted the note that
Mr. Duffy had written stating he
would request a leave Of absence from
the Human Rights Commission until
after completion of the Cultural
Awareness Seminar.
Council Member Kluesner moved
that the petition be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote;
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Kluesner,
Kronfeldt.
Nays--Council Member Hammei.
Absent--Council Member Klauer.
Communication of City Manager
submitting Ordinance describing and
prohibiting misappropriation of televi-
sion cable services, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Vote on the motion
was as follows:
Yeas--Council Members Beurskens,
Hanunel, Kluesner.
Nays--Mayor Brady, Council
Members Deich, Kronfeidt.
Absent--Couneil Member Klauer.
MOTION FAILED TO PASS.
An ORDINANCE Amending the
Code of Ordinances by enacting Sec-
tion 36-190 to Division IV of Article V
defining misappropriation of Cable
Services, presented and read.
Council Member Beurskens moved
that the reading just had be con-
eidered the first reading of the Or-
dinance, that the rule requiring an Or-
dinance to be presented and read at
two meetings prior to the meeting
when final action is taken, be
dispensed with, and final adoption of
the Ordinance. Seconded by Council
Member Kluesner. Vote on the motion
was as follows:
Yeas--Council Members Beurskens,
Hammel, Kluesner.
Nays--Mayor Brady, Council
Members Deich, Kronfeldt.
Absent--Council Member Klauer.
132
Regular Session, May 2, 1983
MOTION FAILED TO PASS.
Council Member Deich moved to
table this matter to the next meeting.
Seconded by Mayor Brady. Vote on
the motion was as follows:
Yeas--Mayor Brady, Council
Member Deich.
Nays--Council Members Beurskens,
Hammel, Khiesner, Kronfeldt.
Absent--Council Member Klauer.
MOTION FAILED TO PASS.
Coundil Member Kronfeldt moved to
submit this matter to the Corporation
Counsel for revision relative to com-
ments heard at this meeting, and
brought back at the meeting of June 6,
1983. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt.
Nays--Council Member Hammel.
Absent--Council Member Klauer.
Communication of City Manager re-
questing authorization that a Grant
Agreement be entered into between Ci-
ty and the U.S. Dept. of Housing and
Urban Development, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Khiesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 91.83
Authorizing Endorsement of UDAG
Grant Agreement Between the City of
Dubuque, Iowa and tho U.S. Depart-
merit of Housing and Urban Develop-
ment
WHEREAS, the City of Dubuque,
Iowa by its City Council and FDL
Foods, Inc. action has heretofore
entered into an Application for UDAG
Assistance through the United States
Department of Housing and Urban
Development; and
WHEREAS, the proposed UDAG
Grant Agreement has been offered by
the United States Department of
Housing and Urban Development, and
it sets forth the terms and provisions
for evidentiary materials to be sub-
mitted prior to any release of Grant
funds;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
hereby authorizes and directs the
Mayor and the City Clerk of the City of
Dubuque, Iowa to endorse the UDAG
Agreement for and on behalf of the Ci-
ty of Dubuque, Iowa providing that
the parties to said UDAO Agreement
shall have the right to modify, amend,
delete or otherwise alter the terms of
the UDAG Agreement pursuant to the
mutual agreement of the parties.
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Khiesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
submitting proposed Supplemental
Loan Agreement for Loan of UDAG
Funds to FDL Foods, Inc. for its
renovation and capital improvement
project, presented and read.
Council Member Beurskens moved
that the communication be received
and filed· Seconded by Council
Member Khiesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 92-83
A Resolution Approving A Sup-
plementai Loan Agreement Providing
for the Loan of Urban Development
ActiOn Grant Funds to FDL Inc.
WHEREAS, the City of Dubuque,
Iowa and the U.S. Department of
Regular Session, May2,1983
133
Housing and Urban Development
have heretofore entered into a Grant
Agreement for an Urban Development
Action Grant, the proceeds of which
are to be loaned to FDL Foods, Inc. for
its Renovation and Capital Improve-
ment Project.
WHEREAS, the UDAG Grant
Agreement requires the City of
Dubuque, Iowa, as recipient, and FDL
Foods, Inc., as the owner to enter into
a Supplementary Loan Agreement (at-
tached) providing for terms for the
loan of UDAG Funds to the owner and
to set forth such other provisions as
are required of the owner under the
Grant Agreement; and
WHEREAS, FDL Foods, Inc. has
transmitted such Supplemental Loan
Agreement with a request that it be
approved by the City Council of the Ci-
ty of Dubuque, Iowa;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Supplemental
Loan Agreement be hereby approved,
Section 2. That the Mayor and City
Clerk are hereby authorized and
directed to endorse th~ acceptance of
the City of Dubuque, Iowa upon the
aforesaid Supplemental Loan Agree-
Passed, adopted and approved this
2nd day of May, I983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None·
Absent--Council Member Klauer.
Communication of City Manager
submitting Resolution authorizing re-
quest for release of UDAG Funds,
presented and read.
Council Member Beurskens 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, Daich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 93-83
A Resolution AuthorirJng Submission
of a Request for Release of Funds for a
Certain Urban Development Action
Grant Project
WHEREAS, the City of Dubuque,
in conformance with the Envir6nmen-
tal Review Procedures for the Urban
Development Action Grant program,
convened an ad hoc committee on
August 27, 1982 which completed an
Environmental Assessment of the
following identified project to bo
funded by an Urban Development Ac-
tion Grant:
FDL Foods, Inc. Capital Improve-
ment and Renovation Project (UDAG)
WHEREAS, pursuant to Resohitibn
No. 242-82, adopted September 9,
1982, Public Notice of a "Finding of
No Significant Effect on the Environ-
ment'' for the above was published
September 9, 1982, in the Dubuque
Telegraph Herald, a newspaper of
general circulation and provided for a
mbllc comment period until 12:00
Ncon, Friday, September 24, 1982;
and
WHEREAS, (Public Notice of a
"Finding of No Significant Effect on
the Environment" for the project 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
such a Public Notice; and
WHEREAS, any and aH objections,
if any, to such proposal has been duly
considered;and
WHEREAS, it is the intent of the
City Council to authorize the submis-
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 above-identified project:
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
134
Regular Session, May 2, 1983
Section 1. Tha~ the Environmental
Review Record for the project shall
continue to remain on file in the Office
of the City Clerk, where said record
may be examined and copied by any in-
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. De-
pertinent of Housing and Urban
Development seven (7) days after
Publication of Notice, a request for
release offends to undertake the said
projec~
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible Federal Official under the
National Environmental Protection
Act, insofar as the provisions of the
sald Aet apply to the U.S. 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
environmental issues.
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 review,
decision.making and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the eh-
vironmental review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed
to publish a public notice fora Request
fov Reiease of Funds and Certification
in the form of Exhibit "A" attached
hereto and made a part thereof
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A: Davis
City Clerk
PUBLIC NOTICE
Pursuant to the Environmental
Review Procedures for the Urban
Development Action Grant program,
the City of Dubuque intends to file e
request for release of funds for the
following project:
FDL FOODS, INC.
CAPITAL IMPROVEMENT AND
RENOVATION PROJECT (UDAG)
The City oI Dubuque has made an
Environmental Review Record for the
project, and has placed this record on
file in the Office of the City Clerk in Ci-
ty Hall, 13th and Central Avenue,
Dubuque, Iowa; where said record
may be examined and copied between
the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday until 5:00
p.m. on the 20th day of May, 1983.
The name of the applicant is the City
of Dubuque, Iowa and the Chief Ex-
ecutive Officer of the applicant is
Mayor James E. Brady. The mailing
address for both the applicant and the
Chief Executive Officer is City Hall,
13th and Central Avenue, Dubuque
Iowa 52001.
The City of Dubuque will undertake
the project described above with U~
ban Development Action Grant funds
from the U.S. Department of Housing
and Urban Development (HUD). The
City of Dubuque is certifying to HUD
that the City of Dubuque and James
E. Brady, in his official capacity as
Mayor, consent to accept the jurisdic-
tion of Federal Courts ff an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making, and action; and that
these responsibilities have been
satisfied. The legal effect of the cer-
tification is that upon its approval, the
City of Dubuque may use the funds
and HUD will have satisfied its
responsibilities under the National
vironmental Policy Act of 1969. HUD
will accept an objection to its approval
of the release of funds and acceptance
of the certification only if it is on one of
the following bases:
(a) That the Certification was not, in
fact, executed by HUD; or
lb) That the applicant's environmen-
tel review record for the project in-
dicates omission of a required declsion,
finding, or step applicable to the pre-
ject in the environmental review pro-
cess. Objections must be prepared and
submitted in accordance with the r~-
quired procedure (24 CFR Part 58),
and may be addressed to HUD at the
Omaha Area Office, Bralker/Brandeis
Building, 210 So. 16th St., Omaha,
Nebraska 68102. Objections to the
release of funds on bases other than
those stated above will bot be con-
eidered by HUD. No objection
received after the 31st of May, 1983
will be considered by HUD.
Regular Session, May 2, 1983
135
Comments may be submitted to the
City of Dubuque until 12:00 Noon, Fri-
day, May 20, 1983, addressed to
James E. Brady, Mayor of the City of
Dubuque, City Hail, 13th and Central
Avenue, Dubuque, Iowa 52001.
Dated and published May 4, 1983.
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Y~as--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Kiauer.
Communication of City Manager
submitting Resolution providing for
release of Community Development
funds for Dubuque Industrial Center
west cul-de-sac construction,
presented and read.
Council Member Delch moved that
the communication be received and
filed. Seconded by Council Member
Kinesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammal,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 94-83
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 April 6,
1983 which completed an Environmen-
tal Assessment of the following iden-
tilled project to be funded in the Com-
munity Development Block Grant:
DUBUQUE INDUSTRIAL CENTER
WEST CUL-DE-SAC
CONSTRUCTION
WHEREAS, pursuant to Resolution
No. 80-83, adopted April 18, 1983,
Public Notice of a "Finding of No
Significant Effect on the Environ-
merit" for the project above was
published April 20, 1983, in the
Dubuque Telegraph Herald, a
newspaper of general circulat':on and
provided for a public comment period
until 12:00 Noon, Friday May 6, 1983;
and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on
the Environment" for the project was
sent by regular marl 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
such a Public Notice; and
WHEREAS, any and all objections,
if any, to such a proposal has been du-
ly considered; and
WHEREAS, it is the intent of tho
City Council to authorize the submie-
sion of a request to the U.S. Depart-
ment of Housing and Urban Develop-
merit for the release of funds to carry
out the above-identified project:
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the Environmental
Review Record for the project shall
continue to remain on file in the Office
of the City Clerk, where said record
may be examined and copied by any in.
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Deparp
ment of Housing and Urban Develop.
ment at least seven (7) days after adop-
tion of the Resolution~ a request for
release of funds to undertake the said
project.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible Federal Officer under the
National Environmental Protection
Act insofar as the provisions of the
said Act apply to the U.S. Department
of Housing and Urban Development's
responsibilities for review, decision-
making, and action assumed and car-
tied out by the City of Dubuque as to
environmental issues.
Section 4. That the Mayor of the Ci-
ty 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
136
Regular Session, May 2, 1983
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and acHon.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the eh-
vironmental review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed
to publish a public notice for a Request
for Release of Funds and Certification
in the form of Exhibit "A" attached
hereto and made a part hereof
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
PUBLIC NOTICE
Pursuant to the Environmental
Review Procedures for the Community
Development Block Grant program,
the City of Dubuque intends to file a
request for release of funds for the
following project:
Dubuque Industrial Center
West Cul-De-Sac Construction
The City of Dubuque has made an
Environmental Review Record for the
project, and has placed this record on
file in the Office of the City Clerk in Ci-
ty Hall, 13th and Central Avenue,
Dubuque, Iowa; where said record
may be Oxamined and copied between
the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday until 5:00
p.m. on the 6th day of May, 1983.
The name of the applicant is the City
of Dubuque, Iowa and the Chief Ex-
ecutive Officer of the applicant is
Mayor James E. Brady. The mailing
address fOr both the applicant and the
Chief Executive Officer is City Hall,
13th and Central Avenue, Dubuque
Iowa 52001.
The City of Dubuque will undertake
the project described above with Ur-
ban Development Action Grant funds
from the U.S. Department of Housing
and Urban Development (HUD), under
Title I of the Housing and Community
Development Act of 1974. The City of
Dubuque is certifying to HUD that
the City of Dubuque and James E.
Brady, in his official capacity as
Mayor, consent to accept the jurisdic-
tion of Federal Courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making, and action; and that
these responsibilities have been
satisfied. The legal effect of the cer-
tification is that upon its approval, the
City of Dubuque may use the funds
and HUD will have satisfied its
responsibilities under the National En-
vironmental Policy Act of 1969. HUD
will accept an objection to its approval
of the following bases:
(a) That the Certification was not, in
fact, executed by HUD; or
(b) That the applicant's environmen-
tal review record for the project in-
dicates omission of a required decision,
finding, or step applicable to the pro-
ject in the environmental review pro-
cess. Objections must be prepared and
submitted in accordance with the re-
quired procedure (24 CFR Part 58),
and may be addressed to HUD at the
Omaha Area Office, Bralker/Brandeis
Building, 210 So. 16th St., Omaha,
Nebraska 68102. Objections to the
release of funds on bases other than
those stated above will bot be con-
sidered by HUD. No objection
received after the 31st of May, 1983
will be considered by HUD.
Comments may be submitted to the
City of Dubuque until 12:00 Noon, Fri-
day, May 20, 1983, addressed to
James E. Brady, Mayor of the City of
Dubuque, City Hall, 13tb and Central
Avenue, Dubuque, Iowa 52001.
Dated and published May 4, 1983.
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Khiesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tors for Receipt of Proposals for the
construction of Crescent Ridge
Sanitary Sewer Phase II Project,
presented and read.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Counc'd
Member Khiesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
Regular Session, May 2, 1983
137
bers Beurskens, Deich, Hammel,
Khiesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
recommending to award contract for
above to Langman Construction Co. --
11.4% under estimate, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammni,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
(Awarding Contract)
RESOLUTION NO. 95-83
WHEREAS, sealed proposals have
been submitted by contractors for the
Crescent Ridge Sanitary Sewer Phase
II pursuant to Resolution No. 68-83
and notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on April 15, 1983.
WHEREAS, said sealed proposals
were opened and read on April 26,
1983 and it has been determined that
the bid of Langman Construction In-
corporated of Rock Island, Illinois in
the amount of $148,701.51 was the
lowest bid for the furnishing of all
labor and materials and performing
the work as provided for in the plans
and specifications.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the contractor for the above-
mentioned improvement be awarded
to Langman Construction, Incor-
porated and the Manager be and is
hereby directed to execute a contract
on behalf of the City of Dubuque for
the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
ter's bond, the City Treasurer is
authorized and instructed to return
the bid deposits of the u~successful
bidders.
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
recommending accepting North-West
Arterial, Stage I, Pretensloned-
Prestressed Concrete Beam Bridge
Project, presented and read.
Council Member Khiesner 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, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 96-83
WHEREAS, the contract for the
Northwest Arterial, Stage I
295'~4"x43'-2" Pretensioned-
Prestressed Concrete Beam Bridge
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 General Obligation Bonds in
amount equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved this
138
Regular Session. Mny 2, 1983
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kinesner 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,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 97-83
WHEREAS, the contract for the
Northwest Arterial, Stage I
295'-4"x43'-2" Pretensioned-
Prestressed Concrete Beam Bridge
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section L That the cost of said ira-
provement is hereby determined to be
$571,208.19 and that said amount shall
be paid from General Obligation Bonds
of the City of Dubuque, Iow~
Passed, adopted and approved this
2nd day of May, 1983
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Delch, Hammal,
Kluesner, Kronfeldt. Nays--None.
Absent--Canncfl Member Klauer.
Communication of City Manager
submitting Ordinance to change the
Yield Sign to a "Stop" Sign on Clarke
Drive and Madison St. interseetian,
presented and read.
Council Member Deich moved that
the communication ha received and
filed, Seconded by Counc'd Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klaner.
ORDINANCE NO. 24-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY
REVISING SECTION 25-210~b) OF
SAID CODE TO pROVIDE THAT
EASTBOUND VEHICLES MUST
STOP BEFORE ENTERING THE
INTERSECTION OF CLARKE DR.
& MADISON ST., presented and read.
Council Member Deich moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Banrskans, Delch, Hammal,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Council Member Deich 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-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt. Nays--None.
Absent--Canncil Member Klauer.
ORDINANCE NO. 24-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY ADDING A NEW SUBSECTION
TO SECTION 25-210(b) TO PRO-
VIDE THAT THE MADISON
STREET AND CLARKE DRIVE
INTERSECTION BE DESIG-
NATED A "STOP" I~NTERSEC-
TION FOR EASTBOUND AND
WESTBOUND TRAFFIC; THAT
SECTION 25-210(b) BE AMENDED
BY DELETING THEREFROM THE
MADISON STREET AND CLARKE
DRIVE INTERSECTION AS A
DESIGNATED "STOP" INTERSEC-
TION FOR WESTBOUND VEHI-
CLES: AND THAT SECTION
25-212(b)3 BE AMENDED BY
Regular Session, May 2, 1983
139
DELETING THEREFROM THE
· CLARKE DRIVE AND MADISON
STREET INTERSECTION AS A
DESIGNATED "YIELD" INTER-
SECTION FOR EASTBOUND
VEHICLES
NOW, THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY' OF DUBUQUE,
IOWA:
Section 1. That the Code of ordi-
nances of the City of Dubuque, Iowa
be amended by adding a ,new subsec-
tion to Section 25-210(b) to read as
follows:
"Sec, 25-210. STOP INTERSEC-
TIONS.
(b) Those intersections designated
are hereby declared to be "Stop Inter-
sections" for all purposes of this sec-
tion. Vehicles bound in the direction
indicated must stop before entering the
designated intersection.
EASTBOUND
AND WESTBOUND
Madison Street and Clarke Drive."
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by deleting a portion of
Section (b) of Section 25-210 as fol-
lows:
Sec. 25-210 STOP INTERSEC-
TIONS
(b) Those intersections designated
are hereby declared to be "Stop Inter-
sections" for all purposes of this sec-
tion. Vehicles bound in the direction
indicated must stop before entering the
designated intersection.
WESTBOUND
Madison Street and Clarke Drive."
Section 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by deleting a portion of
Section (b)3 et~ Section.25-212 as fol-
"Sec. 25-212. Yield Intersections
(b) Those intersections designated
are hereby declared to be "Yield inter-
sections" for all purposes of this sec-
tiom Vehicles bound in the direction
indicated must yield before entering
the designated intersection.
(3~ EASTBOUND VEHICLES
Clarke Drive and Madison Street."
Section 4. That all ordinances in
conflict with this Ordinance be and
they are hereby repealed.
Pa-~ed, approved and adopted this
2nd day of May, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 6th day of May,
1983.
Mary A. Davis,
City Clerk
It 5/6
Council Member Deich moved final
adoption of the Ordinance. Seconded
by Council Member Beurskens. ~ar.
risd by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kranfeldt. Nays--None.
Absent--Canncll Member Klaner.
Communication of City Manager
submitting Resolution providing for
Acceptance of Agreement between Ci-
ty and Firefighters, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klaner.
RESOLUTION NO. 98-83
Resolution Accepting the Agreement
between the City of Dubuque, Iowa,
and the Dubuque Associatinn of Pro-
Iessionni Fireflghters, Local #353, and
Authorizing the Mayor to sign said
Agreement
WHEREAS, the Sixty-Fifth
General Assembly adopted the Public
Employment Relations Act, Chapter
20, Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the Dubuque Associa-
tion of Professional Firefighters, Local
#353, is an employee organization
within the meaning of Section 3(4) of
the Public Employment Relations Act;
and
WHEREAS, the Dubuque Associa-
tion of Professional Firefighters, Local
~53, submitted a request to bargain
collectively on hahalf of the employees
within its representation; and
140
Regular Session, May 2, 1983
WHEREAS, bargaining between
the parties has occurred and an Agree-
ment has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agree-
ment be accepted and the Mayor
authorized to sign the attached collec-
tive bargaining agreement.
Passed, adopted and approved this
2nd day of May, 1983
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-
bors Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
submitting Resolution providing for
acceptance of Agreement with City
and General Drivers and Helper's
Union, presented and read. Council
Member Deich moved that the com-
municatlon be received and filed.
Seconded by Council Member Bear-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfoldt.
Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 99-83
Resolution Accepting the Agreement
between the City of Dubuque, Iowa
and the General Drivers and Helpers
Union, Local #421, and Authorizing
the Mayor to Sign said Agreement
WHEREAS, the Sixty-Fifth
General Assembly adopted the Public
Employment Relations Act, Chapter
20, Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the General Drivers
and Helpers Union, Local #421,is an
employee organization within the
meaning of Section 3(4) of the Public
Employment Relations Act; and
WHEREAS, the General Drivers
and Helpers Union, Local #421, sub-
mitred a request to bargain collective-
ly on behalf of the employees within its
representation; and
WHEREAS, bargaining between
the parties has occurred and an Agree-
ment has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agree-
ment be accepted and the Mayor
authorized to sign the attached coilec~
tire bargaining agreemen.t.
Passed, approved and adopted this
2nd day of May, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Klueaner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
submitting Resolutidn accepting
Agreement with Amalgamated Tran-
sit Union, presented and read. Council
Member Deich moved that the com-
munication be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 100-83
Resolution Accepting the Agreement
between the City of Dubuque, Iowa,
and the Amalgamated Transit Union,
Division #329, and Authorizing the
Mayor to sign said Agreement
WHEREAS, the Sixty-Fifth
General Assembly adopted the Public
Employment Relations Act, Chapter
20, Code of Iowa; and
Regular Session, May 2, 1983
141
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the Amalgamated
Transit Union,
Division #329, is an employee
organization within the meaning of
Section 3(4) of the Public Employment
Relations Act; and
WHEREAS, the Amalgamated
Transit Union, Division #329, submit-
ted a request to bargain collectively on
behalf of the employees within its
representation; and
WHEREAS, bargaining between
the parties has occurred and an Agree-
ment has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agree-
ment be accepted and the Mayor
authorized to sign the attached collec-
tive bargaining agreement.
Passed, approved and adopted this
2nd day of May, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adap-
tion of the Resolution. Seconded by
Council Member Klueaner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Defch, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
submitting Resolution accepting
Agreement with Dubuque Policemen's
Protective Association, presented and
read. Council Member Beurskens
moved that the communication be
received and filed. Seconded by Coun-
cil Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 101-83
Resolution Accepting the Agreement
between the City of Dubuque, Iowa,
and the Dubuque Policemen's Protec-
tive Association, and Authorizing the
Mayor to sign said Agreement.
WHEREAS, the Sixty-Fifth
General Assembly adopted the Public
Employment Relations Act, Chapter
20, Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 311) of the Public Employ-
ment Relations Act; and
WHEREAS, the Dubuque
Policemen's Protective Association is
an employee organization within the
meaning of Section 3(4) of the Public
Employment Relations Act; and
WHEREAS, the Dubuque
Policemen's Protective Association,
submitted a request to bargain collec-
tively on behalf of the employees
within its representation; and
WHEREAS, bargaining between
the parties has occurred and an Agree-
ment has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agree-
ment be accepted and the Mayor
authorized to sign the attached collec-
tive bargaining agreement.
Passed, approved and adopted this
2nd day of May, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
submitting Resolution accepting
Agreement with Operating Engineers,
Presented and read. Council Member
Beurskens moved that the com-
munication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
142
Regular Session, May 2, 1983
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 102-83
Resolution Accepting the Agreement
between the City of Dubuque, Iowa,
and the International Union of
Operating Engineers, Local #758, and
Authotizng the Mayor to sign said
Agreement
WHEREAS, the Sixty-Fifth
General Assembly adopted the Public
Employment Relations Act, Chapter
20, Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1~ of the Public Employ-
ment Relations Act; and
WHEREAS, the International
Union of Operating Engineers, Local
#7f~8, is an employee organization
within the meaning of Section 3(4) of
the Public Employment Relations Act;
and
WHEREAS, the International
Union of Operating Engineers,
Localg/58, submitted a request to
bargain collectively on behalf of the
employees within its representation;
and
WHEREAS, bargaining between
the parties has occurred and an Agree-
ment has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the terms of the Agree-
ment b~ accepted and the Mayor
authorized to sign the attached conec-
tire bargaining agreement.
Passed, approved and adopted this
2nd day of May, 1983~
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
submitting Resolution providing for
the FY '84 Compensation and Wage
Plan for Non-Bargaining Unit
Employees, presented and read. Coun-
cil Member Beurskens moved that the
communication be received and filed.
Seconded by Council Member
Kronfcidt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO, 103-83
Adopting the Fiscal Year 1984 Com-
pensation Package for Nonbergaining
Unit Employees
WHEREAS, each of the City's five
bargaining units will be receiving a
compensation package in Fiscal Year
1984 of less than one percent; and
WHEREAS, it has been the practice
to provide a compensation package to
nonb~rgaining unit employees similar
to tho compensation package to be
received by bargaining unit
employees; and
WHEREAS, the proposed compen-
sation package for nonbargaining unit
employees for Fiscal Year 1984
represents an increase of less than one
percent.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the following com-
pensation package for nonbargaining
unit employees for Fiscal Year 1984 is
hereby approved~
A. Revised Yarger Pay Study Imple-
mentation
w On January 1, 1984 implement
the revised Yarger Pay Study
utilizing Method I with a max-
imum increase for any one
employee not to exceed 2.5%.
Regular Session, May 2, 1983
143
b. On July 1, 1984 implement the
balance of the increase for the
59 employees not placed on the
pay schedule because o[ the
2.5% limit established by Step
w
c. On January 1, 1985provide for
any step increases due because
of the new pay schedule.
B. Dental Insurance
On January 1, 1984 provide at no
cost to the employee, single den~
tal insurance coverage for full-
time nonbargaining unit
employees,
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adopC~on of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfoldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 104-83
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sate of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
Papers within said City.
Sam Jasari 2260 J. F. Kennedy Rd.
Passed, adopted and approved this
2nd day of May, 1983
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-
hers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Abeent--Council Member Klauer.
RESOLUTION NO. 105-83
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and ap-
proved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
Evening Optimist Club of Dubuque
McAleece Recreation Area.
(Also Sunday Sales)
Charles J. Spielman
Vet's Memorial Park
(Also Sunday Sales)
Edward F. Motine 3265 CentralAve.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Palmer Drug Company 2600 Dodge St.
(Also Sunday Sales)
Passed, adopted and approved this
2nd day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
RESOLUTION NO. 106-83
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-
144
Regular Session, May 2,1983
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License,
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Judith Ann Schiel 342 Main St.
(Also Sunday Sales)
Passed, adopted and approved this
2nd day of May, 1983
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
Members Beurskens, Deich, Hammei,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Printed Council proceedings for
month of January, 1983 for approval,
presented and read. Council Member
Beurskens moved that the pro-
ceedinge be approved as printed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Counc'd Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeidt. Nays--Nona.
Absent--Council Member Klauer.
MINUTES SUBMITTED: Airport
Comm. of 4-19; Cable Regulatory
Comm. of 4-13; Civil Service Comm. of
4-5; Community Tele-Programming
Comm. of 4-12; Housing Code Ad-
visory and Appeals Bd. of 14-13;
Human Rights Comm. of 3-14; Transit
Board Earnings Statement for month
of March, 1983; P & Z of 4-6, 4-12 and
4-20, presented and read. Council
Member Beurskens moved that the
minutes be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeidt.
Nays--None.
Absent--Council Member Klauer.
Airport Comm. of 4-7, presented and
read. Counc'fl Member Kluesner moved
that the minutes be received and fried.
Seconded by Council Member
Kronfeidt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeidt. Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
submitting reports of the Finance
Director and City Treasurer for month
of March, 1983, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Couneil Member Klauer.
Communication of City Manager re~
questing he be authorized to enter in-
to an Agreement with Helle, Klostor-
man & Co. to perform the annual City
Audit for fiscal years ending June 30,
1983 and June 30, 1984, presented and
read. Council Member Bnarskens
moved that the communication be
received and filled and authorization
approved. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of City Solicitor
Lindahl advising of dismissal of
lawsuit filed by Louis and Patricia
Miller, presented and read. Council
Member Beurskens moved that the
communication be received and fried.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deicb, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
NOTICES OF CLAIMS AND
SUITS: Elleen Geraghty, in amount of
$125 for loss of personal belongings
Regular Session, May 2, 1983
due to fall; Edward Jaeger, by Violet
Jaeger, in unknown amount for
backed-up sewer damages; Frances D.
McDonald, in unknown amount for
personal injury; Jerome P. Schroeder,
in amount of $326.00 for backed up
sewer damages, presented and read.
Council Member Beurskens moved
that the suits and claims be referred to
the Corporation Counsel for investiga-
tion and report. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeidt. Nays--None.
Absent--Council Member Klauer.
Communication of Corporation
Counsel recommending settlement of
claim of Nellie Hartman in the amount
of $183.80, presented and read. Coun-
cil Member Beurskens moved that the
communication be received and filed
and settlement approved and Finance
Director to issue proper check.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Proof of publication, advising a sum-
mary of the adopted City budget
showing intended uses of General
Revenue Sharing Funds is available
for inspection by the public; Notice of
Finding of No Significant Effect on
the Environment for the Dubuque In-
dustrial Center west cul-de-sac con-
struction project, presented and read.
Council Member Beurskens moved
that the proof of publication be re-
ceived and fried. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dnich, Hammel,
Kluesner, Kronfeidt. Nays--None.
Absent--Council Member Klauer.
Communication of James E. Jacob-
son, National Register Coordinator ad-
vising property known as Garland
House located at 1090 Langworthy
will be considered by the State Review
Board for nomination to the National
Register of Historic Places, presented
and read.
Council Member Beurskens moved
that the communicaUwn be received
145
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
Communication of Peoples Natural
Gas submitting their 1983 Annual
Report as required, presented and
read.
Council Member Beurskens moved
that the connnunication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:.
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Communication of U.S. Department
of Housing and Urban Development
advising City may expect an allocation
of $290,000 in additional CDBG Funds
for act commonly known as the "Jobs
Bills", presented and read,
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Councll
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeidt. Nays--None.
Absent--Council Member Klauer.
Petition of Thor Kjeseth et al (188
signers) expressing displeasure with
appointment of Mr. Dully to the
Human Rights Commission, presented
and read.
Council Member Beurskens moved
that the petition be received
and filed. Seconded by Council
Member Deicb. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
REFUNDS REQUESTED: Ken-
neth Stecklein, $25 on unexpired
Cigarette License, presented and read.
Council Member Beurskens moved
that the refund be approved and
Finance Director to issue proper
146
Regular Session, May 2, 1983
check. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
Communication of City Manager
recommending installation of street
light at the installation of Peru Road
and Walker St., presented and read.
Council Member Beurskens moved
that the connnunication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
Communication of P & Z advising
property owned by Powers Construc-
tion Co., located east of JFK Road bet-
ween Foothill Rd. & the Fire Station
has reverted to its former R-5 Multi-
Family Residential District classifica-
tion due to fact that applicant did not
submit a final plan to the Planning and
Zoning on or before the last date of
submission. Feb. 23, 1983, presented
and read.
Council Member Beurskens moved
that the conununication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel.
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Klauer.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Klauer.
Mary A. Davis
City Clerk
Approved _1983
Adopted _1983
Mayor
Council Members
ATTEST:
City Clerk
Special Seseion, May 11, 1983
147
CITY COUNCIL
OFFICIAL
Special Session, May 11, 1983.
Council Met at 4:40 P.M., Council
Chambers, City Hall.
Present--Council Members Beurs-
kens, Deich, Hammel, Kluesner,
Kronfeldt, City Manager W. Kenneth
Gearhart, Corporation Counsel Harley
F. Stark, Jr.
Absent--Mayor Brady.
Absent at Roll Call: Council Member
Klauer.
Mayor Pro-Tern Kronfeldt read the
call and stated that service thereof had
been duly made and this Meeting is
called for the purpose TO DENY OR
AFFIRM THE CITY MANAGER'S
DECISION TO SUSPEND TWO
BUS OPERATORS, and acting upon
such other business which may proper-
ly come before the Council.
Communication of City Manager re-
questing affirmatlon of his decision to
suspend Mr. Danny Williams from
work without pay for a period of two
work days and authorizing the
Mayor to inform Mr. Williams of ac-
tion taken by Council, presented and
rea&
Council Member Kluesner moved
that they approve affirmation of the
suspension. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Ham-
reel, Klueener.
Nays--Council Member Deich.
Absent--Mayor Brady, Council
Member Klauer.
Council Member Klauer entered the
Chambers at 4:44 p.m.
Communication of City Manager re-
questing affirmation of his decision to
suspend Mr. Jeffrey Everts from work
without pay for a period of two work
days and authorizing Mayor to inform
Mr. Everts of action taken by the
Council, presented and read.
Council Member Hammel moved
that they approve affirmation of tbe
suspension. Seconded by Councll
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Pro-Tem Kronfeldt,
Council Members Beurskens, Ham-
mci, Khiesner.
Nays--Council Member Deich.
Absent--Mayor Brady.
Abstain--Council Member Klauer.
Communication of City Manager re-
questing authorization to accept and
execute a $24,104 Grant. presented
and read.
Mr. Terry Trueblood, Park and Rec.
Director, stated this grant would be
used primarily for planting of trees
and park and rec. development.
Council Member Beurskens moved
that they approve authorization.
Seconded by Council Member
Klaesner. Carried by the following
vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Abeent--Mayor Brady.
There being no further business,
Council Member Beurskens moved to
adjourn. Seconded by Council Member
Hammel. Carried by the following
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Mary A. Davis
City Clerk
Approved _1983
Adopted _1983
Mayor
Council Members
ATTEST:
~City Clerk
148
Special Session, May 16, 1983
CITY COUNCIL
OFFICIAL
Special Session, May 16, 1983.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W, Kenneth Gearhart, Cor-
poration Counsel Harley F. Stark, Jr.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose TO CONDUCT A
PUBLIC HEARING ON THE
RESOLUTION OF NECESSITY
FOR THE RECONSTKUCTION OF
JOHN F. KENNEDY ROAD FROM
PENNSYLVANIA AVE. TO
UNIVERSITY AVE. and acting upon
such other business which may proper-
ly come before the Council.
Invocation was given by Rev.
Robert W. Miller, Pastor of the First
Congregational Church.
PROCLAMATIONS: May 15-21 as
"Police Week" received by Alice Hoth
of Police Auxiliary;
May 15-21 as "Transportation Week"
received by A1 Tornblom;
May 15-21 as "Insurance Women's
Week" received by Margaret Murray;
May 16-22 as "Sesquicentennial
DubuqueFest Week" received by Ruth
Nash and Judith Mulberg;
May 19 as "Foster Grandparent Day"
received by Fonda Coursa;
May 20 and 21 as "Buddy Poppies
Days" received by Joseph Zenner;
May 21 as "Girl Scout Olympic's
Day" received by Judy Tigges;
May 31 as "Floyd G. Rundie Day"
received by Donna Sue Peck;
June 5th Week as "Management
Formal Congratulations (Via Pr~
clamation) were extended to the City
of Burlington from Dubuque on their
Sesquicentennial Year -- Received by
John Schublin.
Council Member Deich moved to
sent address the Council if they so
desire. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauor, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing, to consider a project for
which Federal Assistance under Sec-
tion 9a of the Surface Transportation
Assistance Act of 1982 is being sought
for the completion of planning and pro-
gram activities carried out by the
DMATS for the City, 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
received and filed. Seconded by Coun-
cil Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfaldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider a project for
which financial assistance is being
sought from UMTA for the acquisition
of lift equipped mini-buses for Keyline
transit, presented and read.
There were no written objections
received and no oral objectors present
at the time set.fur the Hearing.
Council Member Beurskens moved
that the proof of publication be
received and filed. Seconded by Coun-
cil Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klaner, Klueaner, Kronfeldt.
Nays--None.
Proof of publication, on Notice of
Public Hearing, to consider projects
for financial assistance from the Iowa
DOT State Transit Assistance for
$61,500 to be used for Keyline
Operating Assistance and to complete
service improvement projects as
agreed upon with the Iowa State
Public Transit Division, presented and
read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Klauer moved that
the proof of publication ha received
and filed. Seconded by Council Mem-
Special Session, May 16, 1983
149
ber Deich. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider a lease to the Iowa
State Conservation Conunission for
property known as "E, B. Lyons
Prairie-Woodland Preserve and
Nature Interpretive Center"
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 re-
celved and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 107-83
Approval of Lease Agreement bet-
ween the City of Dubuque, Iowa and
the Iowa State Conservation Commis-
sion
WHEREAS, pursuant to Resolution
and published notice of time and place
of heating, published in the Telegraph
Herald, a newspaper of general circula-
tion, on the sixth day of May, 1983, in
the City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa.
met on the sixteenth day of May, 1983,
at 7:30 p.m. (CDT) in the Carnegie-
Stout Public Library Auditorium at
.11th and Bluff Streets, Dubuque,
Iowa, to consider the proposal to enter
into a lease agreement by and between
the City of Dubuque, Iowa as a leesor
and the Iowa State Conservation Com-
mission as lessee for a portion of real
estate owned by the leaeer known as
the "E. B. Lyons Prairie-Woodland
Preserve and Nature Interpretive
Center"; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and ali objectives, oral and written, to
the proposal to grant said lease agree-
ment under the terms and conditions
of said lease agreement set out herein.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the proposal to enter
into a lease agreement by and between
the City of Dubuque, Iowa, as leasor
and Iowa State Conservation Commis-
sion, as lessee, covering the real estate
described as:
Lots 2 and 3 of the northeast one-
quarter of the southeast one-quarter of
section 1, township 88 north, range 2
east of fifth prime meridian,, lots 2 and
3 of the northwest one.quarter of the
southwest one-quarter, lots 2 and 3 of
the northeast one-quarter of the
southwest one-quarter, and lot 2 of lot
I of southwest one-quarter of the
southwest on~-quarter of section 6,
township 88 north, range 3 east of the
fifth prime meridian in Dubuque Coun-
ty, Iowx
as delineated upon "Exhibit A" at-
tached to Resolution No. 90413 and
subject to such terms and conditions
as set forth therein, a copy of which is
hereto attached and by reference made
a part hereof as though fully set out
herein, be and the same is hereby ap-
~roved under the terms and conditions
set out in said lease agreement.
Section 2. That the Mayor is hereby
authorized and directed to execute
said lease agreement for and on behalf
of the City of Dubuque, Ioww
Section 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the Office of
the Dubuque County Recorder and the
Office of the Dubuque County
Assessor.
Passed, adopted and approved this
16th day of May, 1983
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-
hers Beurskens, Deich, Hammel,
Klaner. Kinesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider designating the
property located at 372 Bluff St. as
150
Special Session, May 16, 1983
arcMtecturally significant, 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 re-
ceived and filed~ Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 108-83
A Resolution Designating as Architec-
turxily significant the Property
located at 372 Bluff Street and
hereinafter described, Pursuant to the
Requirements of Appendix A of the
Code of Ordianances.
WHEREAS, the City Council has
heretofore passed, approved and
adopted an ordinance permltting
structures with historic or architec-
tural significance to be used for certain
low-intenslty commercial uses; and
WHEREAS, the City Council has
received a request to designate the
structure situated on the real estate
hereinafter described as being
architecturally or historically signlfi-
cant for the purposes of the Zoning Or-
dinance; and
WHEREAS, the City Council has
received and reviewed the comments
of the State Historic Preservation Of-
ricer, the Dubuque Historic Preserva-
tion Comudssion and Dubuque County
Historical Society regarding the
historical and archltectrual
significance of said structure; and
WHEREAS, the City Council has
held a public hearing for the purpose of
hearing all interested parties and con-
sldered all objections to the proposed
designation; and
WHEREAS, all interested parties
have been given the opportunity to be
heard.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structure located
on the real estate hereinafter described
be and the same is hereby deemed and
found to have architectural
significance, which real estate is
described as follows:
The Southerly 24' of the Northerly 30'
and 9/12 feet of Lot 131 in the City of
Dubuque.
Section 2. That the passage and
adoption of this Resoluton is in con-
junction with and in accordance with
Appendix A of the Code of Ordinances,
also known as the Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa.
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurekens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing, for the Reconstruction of
John F. Kennedy Road from Penn-
sylvania Ave. to University Ave.,
presented and read.
Council Member Beurskens moved
that the proof of pubficatinn be
received and filed. Seconded by Coun-
cil Member Kronfeldt. Carried by the
fo[lowing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammol,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Certificate of City Clerk, certifying
Notices of Public Hearing, were sent
to known property owners, by certified
marl, on April 29, 1983, presented and
read.
Council Member Beurskens moved
that the certificate be received and
filed. Seconded by Council member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Special Session, May 16, 1983
151
Petitions of Patrick C. & Nancy L.
Chew, Alfred and Edna Mary Ham-
merand, Holiday Oil Distributing,
Inc., Key City Investment Co., Lyle F.
and Grace M. Kopp, Marion Realty
Co., & Midwest Developers, Inc.,
Charles B. & Marilyn A. Oberembt,
Mary Jane Pier, R & S Investment
Corp., Securities Building Corp., Sieg~
Dubuque Co.. First National Bank of
Dubuque, American Trust & Savings
Bank, Thomas and Marian Wais, and
Bird Chevrolet Co. objecting to the
proposed Resolution of Necessity for a
street improvement designated as the
Reconstruction of John F. Kennedy
Road, in the City of Dubuque, Iowa,
for various reasons, presented and
read.
Council Member Beurskens moved
that the petitions be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Attorney Robert Bertsch, represen-
ting 16 of 21 owners and West Side
Business Assn. objected to owner's
assessments for this reconstruction.
Warner Wright, Pres. of West End
Assn., stated that the south end
should be done as the north was done,
without assessments to nearby proper-
ty owners. C. E. Sr~dth, of Sing-
Dubuque, objected to any assessment.
Bob Richardson, 2842 Brueck Rd.
stated the proposed assessment was
unfair.
Nick Yinnnis, 75 Kennedy Read,
questioned the necessity of
assessments for south end, and not the
north end of JFK Rd.
Charles Arthofer, 1294 Altura Dr.,
objected of assessments.
Jim Walsh, of Bird Chevrolet, stated
funding should have been for entire
road and objected to narrowing of road
on the south end.
Attorney Joseph Zwack, represen-
ting Pat Chew & Holiday Dis. Co., ob-
jected to assessments.
Ed Rolle, R.#1, Peosta, stated they
must get on with improving Dubuque.
Resolution No. 72-83 Necessity for Im*
provement for final adoption for
reconstruction of portinn of John F.
Kennedy Road, presented and read.
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Vote on
the Motion was as follows:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Member Klauer.
MOTION FAILED TO PASS--
NEEDED UNANIMOUS VOTE
Project Thereby Abondoned.
Communication of City Manager
submitting document providing for a
Public Hearing to be held on June 6,
1983, on the proposed $1,940,000
General Obligation Bond Issue,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 109-83
Resolution Fixing Date for a Meeting
on the Proposition of the Issuance of
$1,940,000 General Obligation Bonds
(for an Essential Corporate Purpose)
of Dubuque, Iowa, and Providing for
Publication of Notice Thereof
WHEREAS, before said bonds may
be issued, it is necessary to comply
with the provisions of said Code, and
to publish a notice of the proposal to
issue such bonds and of the time and
place of the meeting at which the
Council proposes to take action for the
issuance of the bonds and to receive
oral and/or written objections from
any resident or property owner of sald
city to such action;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in
the Council Chambers, City Hal~
Dubuque, Iowa, at 7:30 o'clock p.m., on
the 6th day of June, 1983 for the pu~
pose of taking action on the matter of
the issuance of $1,94(~00~ General
Obligation Bonds for an essential co~
porate purpose of said City, the pro-
ceeds of which bonds will be used to
provide funds to pay costs of construc-
ting, reconstructing and repairing
street improvements; acquiring and in-
stalling traffic control devices and ira-
152
Special Session, May 16, 1983
proving the municipal airport.
Section 2. That the Clerk is hereby
directed to cause at least one publica-
tion to be made of a notice of said
meeting, in a legal newspaper, printed
wholly in the English language,
published at least once weekly, and
having general circulation in said City,
said publication to be not less that four
clear days nor more than twenty days
before the date of said public meeting
on the issuance of said bonds.
Section 3. The notice of the proposed
action to issue said bonds shall be in
substantially the following form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MAT-
TER OF THE PROPOSED IS.
SUANCE OF $1,940,0~0 GENERAL
OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PUR-
POSE/ OF SAID CITY, AND THE
HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE, is hereby given
that the Council of the City of
Dubuque, Iowa, will hold a public
hearing on the 6th day of June,
1983, at 7:30 o'clock p.m., in the
Council Chambers, City Hall, Dubu-
que, Iowa, at which meeting the Coun-
cil proposes to take additional action
for the issuance of $1,940,000 Gen-
eral Obligation Bonds for an essential
corporat~ purpose of said City, in
order to provide funds to pay costs of
constructing, reconstructing and
repairing street improvements; acquit-
lng and installing traffic control
devices and improving the municipal
airport.
At the above meeting the Council
shah receive oral or written objections
from any resident or property owner of
said City, to the above action. After ail
objections have been received and con-
sidered, the Council will at this
meeting or at any adjournment
thereof, take additional action for the
issuance of said bonds or will abandon
the proposal to issue said bonds.
This notice is given by order of the
Council of Dubuque, Iowa, as provided
by Section 384.25 of the City Code of
Iowa.
Dated this 16th day of May, 1983.
Mary A. Davis
City Clerk of Dubuque, Iowa
lend of Notice)
Passed, adopted and approved this
16th day of May, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the foilowing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--Nons.
Communication of City Manager
submitting documents providing for
the Reconstruction of Peru Rd. at the
abandoned Chicago Northwestern
Railroad Crossing, presented and read.
Council Member Deich moved that
the communication be received and
filed Seconded by Council Member
Hannnai. Carried by the foilowing
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Daich, Hannnel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(NECESSITY FOR IMPROVEMENT)
RESOLUTION NO. 110-83
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of
Dubuque, Iowa, are now on file in the
office of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Reconstruction of Peru Road at
the Abandoned Chicago and Nor-
thweetern Railroad Crossing.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
nnprovement, and unless interested
persons at the time of the finai con-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
Improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shah be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
Special Session, May 16, 1983
153
from the General Fund.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 16th day of
May, 1983.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved ap-
proval of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Krenfeldt.
Nays--None.
(Preliminary Approval of
Plans, Etc.)
RESOLUTION NO. 111-83
BE IT RESOLVED by the Cit~
Council of the City of Dubuque, that
the proposed plans, specs, etc. for the
Reconstruction of Peru Road at the
Abandoned Chicago and North
Western Railroad Crossing, with the
probable cost of this improvement to
be $112,715.78, are hereby approved
and ordered filed in the office of the
City Clerk for public inspection, and
are to be considered a part of this
Resolution.
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adap-
~ion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bsrs Benrskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Fixing Date of Hearing)
RESOLUTION NO. 112-83
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
lice of the City Clerk for public inspec-
tion for the Reconstruction of Peru
Road at the Abandoned Chicago and
Northwestern Railroad Crossing, and
WHEREAS, the proposed Reeolu-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 6th day of June,
1983, a public hearing will be held at
7:30 p.m. in the City Council Chambers
at which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said ira-
provement, and the City Clerk be and
is hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, which notice shall not be
less than four days nor more than
twenty days prior to the day fixed for
its consideration, and unless in-
terested persons at the time of the
final consideration of the proposed
Resolution of Necessity have filed ob-
jections with the City Clerk, they shall
be deemed to have waived all objec-
tions thereto.
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khieener, Kronfaidt.
Nays--None.
Petition of Susan Kunnert, Presi-
dent of Cable Car Square Assn.. r~-
questing to place planters in the 4th
St. Cable Car Square Area, presented
and read.
Jane Price, of the 4th St. Area,
spoke to the petition, stating these
planters would be of major importance
to beautify this area.
Council Member Hannnel moved
that the petition be received and filed
154
SpecialSession, May16,1983
and that the matter be referred to the
City Manager to draft an Ordinance to
bring back for Council approval.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing endorsement of project
agreement pertaining to $109,853 in
Federal Assistance from the Land and
Water Conservation Fund for
Chaplain Schn~tt Memorlai Park and
Recreation Complex improvements
presented and read.
Council Member Beurskens moved
that the communication bo received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Council Members Beurskens
Deich, Hammel, Klauer, Kluesner
Kronfeldt.
Nays--None.
RESOLUTION NO. 113-83
A Resolution Authorizing and Direc-
ting the Mayor to Act on Behalf of the
City of Dubuque, Iowa, by Accepting
a Project Agreement for Federai
Financial Assistance Through the
Land and Water Conservation Fund
for a Proposed Chaplain Schmitt
Memorial Park and Recreation Com-
plex.
WHEREAS, the City Council of the
City of Dubuque, Iowa, has made ap-
plication to the Iowa Conservation
Commission for federal financial
assistance through the Land and
Water Conservation Fund for a pro-
posed Chaplain Schmltt Memorial
Park and Recreation Complex; and,
WHEREAS, the Iowa Conservation
Commission has approved said ap-
plication for federal financial
assistance in the amount of $109,853,
and has transmitted a proposed Pro-
ject Agreement for the above named
project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor be and he
is hereby authorized and directed to
endorse the attached Project Agree.
ment for federal cost,sharing through
the Land and Water Conservation
Fund for and an behalf of the City of
Dubuque, Iowv~
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending approval of Chaplain
Schmitt Island Development
documents, presented and read,
Council Member Beurskens moved
that the communication of City
Manager be received and filed. Second-
ed by Council Member Kronfeldt. Car,
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 114-83
Resolution (1) Approving the
Minimum Requirements, Competitive
Critetia, Offering Documents and Pro-
cedures Ior Disposition of a Portion of
Chaplain Sehmitt Memorial Island;
and {2) Soliciting Proposals to Enter
into a Developer Designation and
Lease Option Agreement.
WHEREAS, the City of Dubuque,
Iowa~ is seeking the development of
commercial recreation facilities on
City property located on Chaplain
Schmitt Memorial Island so as to ex-
)and the local economy, to increase
the tax base, to enhance the quality of
life oflts citizens and, to provide an at-
tractive community entrance; and
WHEREAS, the City Council
recognizes that before this type ef
development can proceed a number of
issues must be resolved; and
WHEREAS, the City Council
Special Session, May 16, 1983
155
believes that the best approach to this
matter is to invite proposais from
potential developers to enter into a
developer designation and lease option
agreement that would provide for a
joint planning process to resolve said
issues and lead to the leasing and
development of the property; and
WHEREAS, in order to establish
reasonably competitive bidding pro-
cedures for the disposition of the pro-
perty and to assure that the City ex-
tends a full and fair opportunity to all
developers interested in submitting a
proposal, a document entitled "Infor-
mation and Instructions for Submit-
ting Proposals for the Schmitt Island
Commercial Recreation Offering" has
been prepared and is attached hereto
as Exhibit R-A and by this reference is
made a part hereof, which sets out the
minimum requirements each proposal
must satisfy in order to qualify for
consideration with respect to the com-
petitive criteria, the information and
documents which must be submitted,
and the schedule for submission and
competitive bid off procedures; and
WHEREAS, this Council believes it
is in the best interest of the City to act
as expeditiously as posslble to offer
this property for lease and develop-
ment as set forth herein.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the following dc.
scribed property containing approx-
imately forty acres of land on Chaplain
Schmitt Memorial Island shall be of-
fered for lease and development in ac-
¢ordance with the terms and condi*
tions contained in this Resolution, to
wit:
Commencing at the intersection of
E. 16th Street and Kerper BlvcL,
northeast approximately 1,800 ft.
along E. 16th Street and along the
west bound off ramp of the U.S.
151-61 Mississippi River Bridge to a
point; north 380 ft, to the point of
beginning; north 200 ft. to a point'
north east 1,200 ft. to a point' east.
southeast 730 ft. to a point;
southeast 700 f~ to a point south-
southwest 800 ft. to a point' west.
northwest 1,500 f~ to a point; west,
southwest 400 ft. to a'point; west200
ft. to the point of beginning.
Section 2. That is is hereby dete~
mined that in order to qualify for con~
sideration for selection, each developer
must submit a proposal which meets
these minimum requirements..
a. Includes a preliminary concept
plan for development of commet.
cial recreation and associated
facilities which may include tran-
sient campgrounds, a water
recreation park, restauran~ and
other similar uses but may not in-
elude a full-service marina,.
b. Sets out the developer's ex-
perience with development and
management of commercial recrea~
tion projects;
c. Sets out the experience of the prin.
cipals and key staff who are direct-
ly engaged in performance of the
agreement obligations in carrying
out projects of similar scale and
character;
g Includes demonstrative evidence
of the financial capacity of the
developer to timely commence and
complete the proposed project;
e. Includes a proposed schedule for
completion of developer's obliga.
tions under the agreement; and
f Includes a description of the ira-
pact of the proposed development
on the local tax base and on the
creation of new jobs.
Section 3. That is is hereby deter.
mined that each proposal submitted
that satisfies the minimum re-
quirements, as determined by the City
Counci~ shall be r~viewed on the basis
of the strength of such proposal as
judged by the following competitive
criteria'
w Qualifications of the developer
1) The previous experience of the
developer with similar projects;
and
2) Examples of successful projects
completed by the developer.
b. Quality of the development con-
cept
1)The compatibility of the
preliminary concept plan with
existing and future develol~
ment of Chaplain Sehmitt
Memorial Islan&
2)Tho aesthetic quality of the
development concepg' and
3) The extent and variety of
facilities to be providec~
c. Economic feasibility of proposal
1)Ability of the prospective devel-
oper to finance and complete the
project as proposed; and
156
Special Session, May 16,1983
2) The economic return to the com-
munity provided by the propos-
ed development in terms of the
creation of new permanent jobs
and increases in local tax
receipts.
Section 4. That the official notice of
this offering shall be a true copy of this
Resolution, but without the at-
tachments referred to herein.
Section 5. That the City Clerk be and
she is hereby authorized and directed
to secure immediate publication of
said official notice in the Telegraph.
Herald, a newspaper having a general
circulation in the community, by
publication of the text of this Resolu-
tion on or before the twentieth day of
May, 1983.
Section 6. That a meeting to clarify
submission procedures, to respond to
developer questions, and to provide
assistance in the formulation of pro-
posals shall be held at 10:00 AM, June
$, 1983, in the Council Chambers, City
Hal~ Dubuque, lowv~ Any other in-
quiries must be made in writing to the
City Manager, City Hal~ Dubuque,
Iowa 52001, prior to July 6, 1983 and
will be responded to in writing.
Section 7. That the required
documents for the submission ofa pro-
posal shall be in substantial conformi-
ty with the provisions of this Resolu-
tion and shall include those forms and
documents listed in the "Information
and Instructions for Submitting Pro.
posals" (Exhibit R-A). Each document
shall be completely executed by the
developer in all particulars required by
said documents in quadruplicate, ex-
cept that the Developer Designation
and Lease Option Agreement need on.
ly be submitted in two original ex-
ecuted counterparts and two duplicate
copies.
Section 8. That written proposals
will be received at the Office of the City
Clerk, City Hal~ Dubuque, Iowa 52601,
at or before lO:OO AM, July20, 1983, at
which time proposals will all be public-
ly opened in the Council Chambers,
City Hal~ Dubuque, Iow~
Section 9. That following the public
opening of proposals the City Manager
be and he is hereby authorized and
directed to make preliminary analysis
of each proposal for compliance with
the minimum requirements establish-
ed by this Council herein above and to
submit his report along with the open.
ed proposals for Council consideratiorc
Section 10. That the proposals and
report of the City Manager will be pre-
sented to the City Council at 7:30 PM,
August 1, 1983 at a public meeting to
be held in the Council Chambers, City
Hal~ Dubuque, lows. For each pro.
~osal which satisfies these re-
quirements, the Council shall judge the
strength of the proposal by the com-
~etitive criteria established herein
above. The Council shall then make the
~inal evaluation and selection of the
proposals. T~e Council reserves the
right to reject'~ny and all proposals or
to waive anyI technical ties and i~
regularities. , ~
Passed and approved this 16th day
of May, 1983
~ James E. Brady
Mayor
ATTEST:
Mary A. Davis
~City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Planning and
Zoning Commission approving final
plats of property located south of
Patrlcia Ann Dr. and east of Edwards
Road, 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,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
RESOLUTION NO. 115-83
A Resolution Approving the Plat o!
"Patrlcla Ann Acres in Subdivision
No. 2" in the City of Dubuque, Iowa.
WHEREAS, there has been fried
with the City Clerk a plat of "Patricla
Ann Acres Subdivision No. 2" in the
City of Dubuque, Iowa; and
WHEREAS, said plat has been ex-
stained by the City Planning and Zon-
ing Commission and had its. approval
endorsed thereon; and
WHEREAS, said plat has been exa-
Special Session, May 16, 1983
157
mined by the City Council, and the
City Council finds that the same con-
forms to statues and ordinances
relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of "Patricia
Ann Acres Subdivision No. 2" in the
City of Dubuque, lowa be and the
same is hereby approved, and the
Mayor and the City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa
upon said plat.
Passed, adopted and approved this
16th day of May, 1983
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-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
RESOLUTION NO. 116-83
Resolution Approving the Plat of
"Patricla Ann Acres Block 7" in the
City of Dubuque, Iowa; and
WHEREAS, there has been filed
with the City Clerk a plat of "Patricia
Ann Acres Block 7" in the City of
Dubuque, Iowa; and
WHEREAS, said plat has been exa-
mined by the City Planning and Zon-
ing Commission and they flad that the
same conforms to the statutes and or-
dinances relating thereto, except that
the street known as Edwards Road
has not been improved or dedicated to
the public; and
WHEREAS, said plat has been ap-
proved by the City Planning and Zon-
ing Commission on the condition that
the street known as Edwards Road
will be improved and dedicated to the
public within five years of the adap-
tion of this Adoption; and
WHEREAS, said plat has been exa-
mined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto; and
WHEREAS, the City Council con-
curs in the condition of approval
established by the City Planning and
Zoning Commission.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the above-described
~lat be and the same is hereby approw
ed and the Mayor and Clerk be and
they are hereby authorized and
directed to endorse the approval of the
City of Dubuque upon said ping pro.
vided that the owner of said property
shall execute a written Acceptance
hereto attached acknowledging and
agreeing:
a) To improve and dedicate to the
public the street now known as Ed-
wards Road in accordance with
plans submitted and City of Duha-
que standard specifications within
five years of the adoption of this
Resolution.
b) To maintain the foregoing im-
provements for a period of four (4)
years from the date of this Accep-
tance by the City of Dubuque, Iowa.
c) To install concrete sidewalks as re-
quired by Ordinances, and where
directed by the City Engineer and
the City Manager.
and further provided that Edwards
Precast Concrete Co., D. James Ed-
wards and Patricia Ann Edwards, as
owners of said subdivision, secure the
performance of the foregoing condi.
tions by providing security in such
form and with such sureties as may be
acceptable to the City Manager.
Section 2. That in the event the
owner fails to execute the Acceptance
provided for in Section 1 herein within
forty-five (45) days after the date of
this Resolution, the provisions herein
shall be null and void and the approval
of the Plat shall not be effective.
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
158
Special Session, May 16, 1983
ACCEPTANCE OF
RESOLUTION NO. 116-83
We, the undersigned, Edwards Pre-
cast Concrete Company and D. James
Edwards and Patricia Ann Edwards,
having read the terms and conditions
of the foregoing Resolution 116-83 and
being familiar with the condition
thereof, hereby accept the same and
agree to the condition required
therein.
Dated at Dubuque, Iowa this day
of ,1983.
Edwards Pre-cast Concrete Company
By: D. James Edwards, President
By: Patricia Ann Edwards, Secretary
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Krunfeldt.
Nays--Council Member Kiauer.
RESOLUTION NULL AND VOID
DUE TO REQUIRED SECURITY
NOT BEING FILED AS SPECI-
FIED IN SECTION 1.
Communication of Planning and
Zoning Commission approving final
plat of Westeide Commercial Park
located south of Highway 20 in Dubu-
que County, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Council Members Hammci,
Klauer, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Beurskens, Dcich.
RESOLUTION NO. 117-83
A Resolution Approving the Plat of
"Weatside Commercial Park" in
Dubuque County, Iowa
WHEREAS, there has been filed
with the City Clerk the plat of
"Westside Commercial Park" in Dubu-
que County, Iowa; and
WHEREAS, the property included
in said plats is within the extra-
territorial subdivision review jurisdic-
tion of the City of Dubuque; and
WHEREAS, the property included
in said plat has been placed in an inten-
sive commercial zoning classification
by the Dubuque County Board of
Supervisors in spite of the strong ob~
jection of the City of Dubuque City
Council and Planning and Zoning
Commission; and
WHEREAS, said plat has been exa-
mined by the City Planning and Zon-
ing Commission and they find that the
same will conform to statutes and/or
ordinances relating thereto upon
meeting the. conditions as established
in Section 1 of this Resolution; and
WHEREAS, said plat has been ap-
proved by the City Planning and Zon-
ing Commission with the conditions as
established in Section 1 of this Resolu-
tion; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find the same will conform to the
statutes and ordinances relating
thereto upon meeting the conditions
as established in Section 1 of this
Resolution; and
WHEREAS, the City Council con-
curs with the conditions of approval
established by the City Planning and
Zoning Commission; and
WHEREAS, the City of Dubuque
does not intend to extend city ser-
vices, especially sanitary sewer
fac'd~ties, to this area in order to
alleviate problems that may arise in
the future as a result of the develop-
ment on this property.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the above-described
~lat be and the same is hereby approv-
~d and the Mayor and the Clerk be and
they are hereby authorized and
directed to endorse the approval of the
City of Dubuque upon said pla~ pro-
vided that the owners of said proper~y
shall execute a written acceptance
hereto attached, acknowledging and
agreeing:
~ To reduce Westside Court to grade
and to construct concrete curb and
gutter and to pave Westside Court
in accordance with approved plans
on file in the Office of the City
Engineer, City of Dubuque, Iowa;
b. To install storm sewers and catch
basins in accordance with approv.
ed plans on file in the Office of the
City Engineer, City of Dubuque,
Iowa;
c. To install a wastowator disposal
Special Session
system in accordance with plans
submitted to and approved by the
Dubuque County Board of Health
and further to install an on~site
central wastewater treatment
system for secondary treatment
at such time as said Board of
Health determines that it is
necessary. Said .system shall be
constructed according to the
specifications and requirements in
effect at the time said Board of
Health determines that said
system is necessary.
d. To construct a central water well
and distribution system equipped
with a permanent meter in accer-
dance with plans submitted to and
approved by the Dubuque County
Board of Health;
e. To establish a property owners
association as an Iowa corpora-
tion, which shall provide for the
maintenance, improvement and
development of all roadway im-
provements, storm sewers, catch
basins, water well and associated
distribution system, and
wastewater disposal system. Said
provision is to be included in the
Deeds to each lot within the sub-
division and is to be a covenant
which pertains to each lot;
f. To provide the foregoing construc-
tion and maintenance at the sole
expense of the owners of said pro-
perry;
g. To file an affidavit with the Dubu-
que County Soft Conservation
District prior to initiating a land
disturbing activity;
h. To provide necessary securities
and bonding to the City of Dubu-
que for the street and storm water
facilities improvement in such
form and with such sureties as are
acceptable to the City Manager;
and
To provide a bond to be held by
the Dubuque County Board of
Supervisors in an amount to cover
expenditures for the installation
of a central waste treatment
system as designed in accordance
with plans submitted to an ap-
proved by the Dubuque County
Board of Health and which is in-
cluded in the approval of this
Resolution. Such bond shah run
with the owners of successors in
interest of the subdivision for a
period of two (2) years from the
date of the signed acceptance
agreement.
Section 2. That in the event the
owners of said subdivision shall fail to
May 16, 1983 159
execute the acceptance and furnish the
security provided for in Section 1
hereof, within 45 days after the date of
this Resolution, the provisions hereof
shall be null and void and the accep-
tance of agreements and approval of
the plat shall not be effective.
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 117~83
We, the undersigned Martin Helle,
Larry McDermott, Martin McNamer
and Michael Baldwin having read the
terms and conditions of the foregoing
Resolution No. 117-83 and being
familiar with the conditions thereof,
hereby accept the same and agree to
the conditions required therein.
Dated at Dubuque, Iowa this 6th
day of June, 1983.
By: Martin Helle
By: Larry McDermott
By: Martin McNamer
By: Michael Baldwin
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kiauer. Carried by
the following vote:
Yeas--Council Members Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Beurskens, Deich.
ORDINANCE NO. 26-83
AN ORDINANCE AMENDING
CODE OF ORDINANCES BY ENAC-
TING SECTION 36-190 TO DIVI-
SION IV OF ARTICLE V DEFIN-
ING MISAPPROPRIATION OF
CABLE SERVICES (REVISED
FROM MEETING OF 5-2-83),
presented and read.
Council Member Beurskens moved
that the reading just had bo con-
sidered the first reading of the or-
dinance. Seconded by Council Member
Hammel. Carried by~ the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammci,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
160
Special Session, May 16, 1983
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 HammeL Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Council Members Beurskens,
Deich, Hammel, Klauer, Kluesner,
Kronfeldt.
Nays--None.
ORDINANCE NO. 25-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ENACTING SECTION 36-190 TO
DIVISION IV OF ARTICLE V
DEFINING MISAPPROPRIATION
OF CABLE SERVICES.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by enacting Section 36-
190 to Division IV of Article V as fol-
lows:
DIVISION IV. MISAPPROPRIA-
TION OF CABLE SERVICES
"Sec. 36-190. General
(a) A person shall not knowingly
obtain or use cable television service
without the authorization of or com-
pensation paid to the operator of the
service. The existence of a connection,
wire, conductor, or other device what-
soever, or the alteration or attempted
alteration of any connection, wire,
conductor, or other device whatsoever,
which affects the use of cable televi-
sion seiwlce by a person without the
use being specifically authorized by, or
compensation paid to the operator of
the cable television service may be con-
sidered as evidence of intent to violate
this Section.
(b) A person shall not, with intent
to defraud a cable television operator,
assist or instruct another person in
obtaining cable television service.
(c) A person shall not, with intent
to defraud a cable television operator,
sell or rent, or offer to sell or rent
an instrument, apparatus, equipment
or device, or plans, specifications or
instructions for making or assembling
any instrument, apparatus, equipment
or device to a person with knowledge
that the person to whom the item is
sold or offered intends to use it to
make unauthorized use of cable televi-
~ion service.
(d) The installation of a satellite
earth station on private property
intended for the use of a person or
persons residing or operating a busi-
ness on such property shall not be con-
sidered as a misappropriation of cable
services under this Section.
(e) The operator of the cable ser-
vices shall not prosecute any person
or persons, or collect retroactively any
additional fees, as the result of the
theft under the provisions of this Sec-
tion, for actions committed and
reported prior to June 20, 1983, except
for actual physical damages.
Passed, approved and adopted this
16th day of May, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
May, 1983.
Mary A. Davis
City Clerk
It 5/20
Council Member Beurskens moved
final adoption of the Ordinance as
amended. Seconded by Council.
Member Hanunel. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Dr. Neumeister and Jim Renier ob-
jected to the Cable Co. entering their
home(s) to inspect the converters.
ORDINANCE NO. 25-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTIONS (a),
(f), (g), AND (1) OF SECTION 36.183
THEREOF AND ENACTING NEW
SUBSECTIONS (a), (b), (f), {g), AND
OF SECTION 36.183 IN LIEU
THEREOF PROVIDING FOR MON-
THLY SUBSCRIBER RATES FOR
CABLE TELEVISION, presented and
read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Special Session, May 16, 1983
161
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be.presented and read at two meetings
prior to the meeting when final action
is taken be dispensed with. Seconded
by Council Member HammeL Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hamme]
K[auer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 26-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SUBSECTIONS (a),
(b), (f), (g), AND (i) OF SECTION
36-183 THEREOF AND ENACTING
NEW SUBSECTIONS (a), (b), (f), (g),
AND (i) OF SECTION 36-183 IN
LIEU THEREOF PROVIDING FOR
MONTHLY SUBSCRIBER RATE~
FOR CABLE TELEVISION.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Subsections
(a), (b), (f), (g), and (i) of Section 36-
183 thereof and enacting new Subsec-
tions (a), (b), (f), (g), and (i) of Section
36-183 h~ lieu thereof as follows:
"Sec. 36-183. Monthly Subscriber
Rates and Charges.
(a) Single residential unit, basic ser-
Installation charge - fifteen dollars
($15.00).
Operator-ore,ed converter, monthly
- eight dollars and twenty-five cents
($8.25).
Subscriber-owner converter, monthly
- eight dollars and twenty-five cents
($8.25).
(b) Multiple dwelling unit (per unit
billing), basic service:
Installation charge - fifteen dollars
($15.00).
Operator-owned converter, monthly
- eight dollars and twenty-five cents
($8.25).
Subscriber-owned converter,
monthly - eight dollars and twenty-
five cents ($8.25).
(f) Senior citizen rate (subscribers must
provide proof that they are over sixty-
five (65) years of age and head of
household), basic service:
Installation charge - fifteen dollars
($15.00).
Operator-owned converter, monthly
- seven dollars and forty-two cents
($7.42).
Subscriber-owned converter,
monthly - seven dollars and forty-two
cents ($7.42).
(g) Contract rats (available only to
subscribers who have a valid "life-
time" contract), basic service:
Installation charge - fifteen dollars
($15.00).
Operator-owned converter, monthly
- six dollars and seventy-five cents
($6.75).
Subscriber-owned converter,
monthly - six dollars and seventy-live
cents ($6.75).
(i) Commercial unit:
I) Radio and TV sales and service
for each establishment:
Installation charge time and
materiala.
Modified basic service including one
outlet and one noneddressable con-
verter- eight dollars and twenty-five
cents ($8.25).
User may add as many additional
outlets as needed using their equip-
ment; providing, however, such equip-
ment shall be cable compatible and
shall not create interference to the
cable system or its subscribers.
2) All others basic service:
Installation charge time and
materials.
Operator-owned converter, monthly
- eight dollars and twenty-five cents
($8.25).
Subscriber-owned converter,
monthly - eight dollars and twenty-
five cents ($8.25).
Passed, approved this 16th day of
May, 1983.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
May, 1983.
Mary A. Davis
City Clerk
I t 5/20
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Ham-
mci. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Council Members Beurskens,
Deich, Hammel, Klauer, Kluesner,
Kronfeldt.
Nays--None.
162
Special Session, May 16,1983
Charles J. Spielman requesting
transfer of Class "B" Beer Permit
from Vet's Memorial Park to
McAleece Field on June 11, 1983 AND
David Wetter and Joseph McGinnis
requesting to transfer Class "C" Beer
& Liquor License from 951 Main St. to
Town Clock Plaza on May 20, 21, & 22,
1983, presented and read.
Council Member Kiauer moved that
the transfer be approved. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 118-8~
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following having compiled
with the provisions of/aw relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, granted a permit to
sail Cigarettes and Cigarette Papers
within said City.
Wayne & Judy Boteford and
Ronnid W. & Dona J. Oilnger
1027 Rhomberg Ave.
Beecher Co., Inc. 2399 White St.
Beecher Co., Inc, 1691 Asbury Rd.
C. K. of Dubuque, Inc. 3187 University
Cremer Grocery Co. 731 Rhomberg
Velma Curran 2372 Central Ave.
DB&Q 4th & Locust
Barbara & Patrick Dougherty
229 West 8th St.
Victorina Ellis 120 West 4th St.
Fenelon Finer Foods, Inc.
3130 Jackson Street
James Farting 385 W. 13th St.
Happy's Place Inc. 2323 Rockdale
Imperial Lanes, Inc. 3505 Stoneman
J & RC, Inc. 431 Rhomberg Ave.
Liberty Restaurants, Inc. 401 Central
Kenneth J. and Harold J. Love
802 Central Avenue
Lucky Stores, Inc. 200 S. Locust
Lucky Stores, Inc. 1800 Elm
Lucky Stores, Inc. 2050 J.F.K. Rd.
Herman J. Meyer 3355 Pennsylvania
Miracle Car Wash, Inc. 255 Locust
Mary Richardson 1050 University
Richard J. Ring 115 W. llth St.
Riverside Bowl, Inc. 1860 Hawthorne
John L. Savary 827 Dodge
Allen C. Tressel 2528 Central
Raymond Tschiggfrie 119~ Dodge
Mary Ann Wagner 2600 Dodge
Bart & F. Enterprises, Inc.
703 Town Clock Plaza
Canfield Hotel, Inc. 36 W. 4th St.
Jerry Lee James 1879 Rockdale
Beverly Miller 260 Southern Ave.
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kiuesner, Kronfsidt.
Nays--None.
RESOLUTION NO. 119-83
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
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
pllcante a Beer Permit.
CLASS "B" BEER PERMIT
Resurrection Men's Servlce Club
McAleece Fields
(Also Sunday Sales)
Kevin McGiffin's Kitchen, Inc.
3500 Dodge
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Beecher Co., Inc. 2399 White St.
(Also Sunday Sales)
Reecher Co., Inc. 1691 Asbury Rd.
(Also Sunday Sales)
Walgreen Co. 555 J.F.Kennedy
(Also Sunday Sales)
Earl Tegeler 620 S. Grandview Ave.
(Also Sunday Sales)
Cremer Grocery Co. 731 Rhomberg
(Also Sund~y Sales)
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
Special Session, May 16, 1983
163
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Doich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 120-83
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "A" (CLUB)
BEER AND LIQUOR LICENSE
Dubuque Golf and Country Club
1800 Randall Place
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Jerry Turner J. & R. C., Inc.
431 Rhamberg Ave.
(Also Sunday Sales)
D B Q Inc. 4th and Locust
(Also Sunday Sales)
Beverly A. Lamen 3050 Asbury Rd.
(Also Sunday Sales)
Kathleen M. Walsh 2093 Washington
1933 inc. 225 W. 6th St.
(Also Sunday Sales)
David Wetter and Joseph McGinnis
951 Main St.
(Sunday Sales Only)
Passed, adopted and approved this
16th day of May, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas'Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Klueener, Kronfsidt.
Nays--None.
MINUTES SUBMITTED: Dock
Comm. of 4-13 & 4-16; Five Flags
Comm. of 4-18; Housing Comm. of 4-19
& 5-3; Human Rights Comm. of 3-30 &
4-11; Park and Rec. Comm. of 4-14;
Plumbing Bd. of 4-28; Community
Development Comm. 4-12; presented
and read.
Council Member Hammel moved
that the minutes be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, on List on Ex-
penditures and Claims for March,
1983, presented and read.
Council Member Hammel moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hamme],
Kiauer, Kluesner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS: Thomas S.
Caitham, in amount of $25,000 for per-
eenal injuries; Clifford Pfab, in amount
of $1,502.50 for backed-up sewer
damages; Barbara E. Quada, in
amount of $355 for backed~up sewer
damages, presented and read.
Council Member Hannnel moved
that the claims be referred to the Cor-
poration Counsel for investigation and
report. Seconded by Council Member
Kiauer. Carried by the following vote:
Yeas--Mayor Brady, Councll Mem-
bers COuncil Members Beurskens,
Deich, Hammel, Kiauer, Kluesner,
Kronfeldt.
Nays--None.
Communication of David Leiiker re-
questing action be taken to keep park-
ed grain trucks off of Kerper Blvd.
(U.S. Highway 151/61), presented and
read.
164
Spec. iai Session, May 16, 1983
Council Member Hammel moved
that the communication be received
and filed and the Staff to respond at
the next meeting. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hannnel,
Klauer, Khiesner, Krenfeldt.
Nays--None.
Communication of Iowa DOT advis-
ing of proposal to let a gunrdrafl and
shoulder paving project on Primary
Road U.S. No. 52 on June 7, 1983,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Council Members Bsurskens,
Deich, Hammal, Klauer, Klunsner,
Krenfaldt.
Nays--None.
Communication of Economic
Development Department of Dubuque
Area Chamber of Commerce subr~t-
ting their quarterly report for the
third quarter of 1982-1983, presented
and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Klueener, Kronfeldt.
Nays--None.
Communication of Commissioner of
Insurance certifying Merchants Bon-
ding Co. (Mutual) is authorized to tran-
sact appropriate business of Fidelity
and Surety Insurance in the State un-
til tat day of May, 1984, presented and
read.
Council Member Hannnel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--MayOr Brady, Council Mem-
bars Council Members Beurskens,
Deich, Hamme!, Klauer, Kluesner,
Krenfeldt.
Nays--None.
Communication of Leo Ungs, Dubu-
que County Institutional Accounts
submitting petition for suspension of
real estate taxes for Council approval,
presented and read.
Council Member Hammel moved
~hat the communication ha received
and filed. Seconded by Council
Member Klanar. Carried by the fallow-
lng vote:
Yeas--Mayor Brady, Council
Members Beursksus, Deich, Hammal,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending denial of per-
sonal injury claim of Eileen Geraghty,
presented and read.
Council Member Hammel moved
that the denial he approved. Seconded
by Council Member Klauer. Carried by
the foilowtng vote:
Yeas--Mayor Brady, Council Mem-
bers Council Members Beurshens,
Deich, Hammal, Klauer, Kluesner,
Kronfeldt.
Nays--None.
Communication of Sesquicentennial
Committee requesting Mayor,
Members of City Council, and Staff to
participate in their parade on July 2,
1983, presented and read.
Council Member Hammel moved
that the communication be received
and fried and referred to the City
Manager for approval and coordina-
tion. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurekens, Dnich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
April 14, 1983
To the Honorable Mayor and
Dubuque City Council:
After serving nearly 22 years on the
Dubuque Park Board, it is with deep
regret that I submit my resignation as
Park and Recreation commissioner el-
fective May 1, 1983.
Due to health reasons I must seek a
warmer climate.
I wish to thank ail previous City
Council Members for the great
cooperation and confidence, that ex-
isted between the Councils and the
Park Board.
I especially wish to thank former
City Manager Gil Chavenelle for his
Special Session, May 16, 1983
efforts as liason between the Park
Board and City Councils.
With the cooperation of the above
and with the labors of Art Bennett,
Fred Fuhrman, Spike Kingsly,
Dominic Goodman, Tom Schrup,
David Willoughby, former Park
Board Members, and Park Superinten-
dent Richard Kramer, we were able to
maintain Dubuque's Park System as
the number one in the State of Iowa.
Thanks to all of the Citizens of
Dubuque for the privilege of serving
them for so many years. This treasure
can not be measured in dollars, but I
will revere it forever.
Respectfully submitted,
Frederick R. Appel
Council Member Beurskens read the
above resignation into the record and
Council Member Hammel moved that
it be accepted with regret. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Council Members Beurskens,
Deich, Hammel, Klauer, Kluesner,
Kronfeldt.
Nays--None.
Dr. Neumeister commended the City
Manager for work done on FDR Park
and suggested that the C.D. Director
position not be filled.
Wm. Blum, Sr. commended the City
Manager for fine work done.
Marilyn Wililams requested $100 for
special recognition to be given to
volunteers for assisting children.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved_
Adopted
__1983
__1983
Mayor
Council Members
ATTEST:
City Clerk
165
166
Special Session, May 26, 1983
CITY COUNCIL
OFFICIAL
Special Session, May 26, 1983.
Council Met at 5:00 P.M., City Hall
Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, City Manager W.
Kenneth Gearhart, Corporation
Counsel Harley F. Stark, Jr.
Absent--Council Member Kron-
feldt.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose TO ACT UPON A
RESOLUTION ACCEPTING THE
AGREEMENT FOR LOAN
GUARANTY FOR ACQUISITION
OF THE EXISTING FROMMELT
PROPERTY and acting upon such
other business which may properly
come before the Council.
Communication from the City
Manager submitting a Guaranty
Agreement between the City of Dubu-
que, First National Bank and the
Dubuque-In-Future covering the ac-
quisition of the existing Frommelt
Property, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 121-83
Authorizing Acceptance of an Agree-
merit Providing for Loan Guaranty for
Acquisition of Existing Frommelt Pro-
perty
WHEREAS, the City of Dubuque,
Iowa and Dubuque-In-Future, Inc.,
have entered into a Memorandum of
Agreement dated August 17, 1981,
and have herein provided for the
assignment to Dubuque-In-Future
Inc. of responsibilities for the manage-
ment and further development of the
Dubuque Industrial Center; and
WHEREAS, Dubuque-In-Future
Inc. has made application to the City
of Dubuque, Iowa, for a Loan Guaran-
ty for its acquisition of the existing
Frommelt property; and
WHEREAS, said acquisition by
Dubuque-In-Future, Inc. is in the best
interest of the City of Dubuque in that
it will facilitate construction of a new
)lant by Frommelt Industries, and
will provide for the availability of ex-
isting buildings suitable for use by
businesses and industries to be
displaced by the relocated Highway 61
corridor.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council of
the City of Dubuque, £owa hereby
~nds and determines that a public pu~
~ose is to be served by the guarantee of
certain obligations of Dubuque-ln-
Future, Inc.
Section 2. That the Guaranty Agree-
ment incorporated herein by reference
between the City of Dubuque,
Dubuque-In-Future, Inc. and First Na-
tional Bank of Dubuque is hereby ap-
proved and the Mayor is authorized
and directed to sign said Guaranty
Agreement.
Section 3. That the City Manager is
hereby authorized and directed to
disburse funds according to a certain
Loan Agreement incorporated by
reference in the Guaranty Agreement
from the Community Development
Block Grant Fund or any other funds
that may be available.
Passed, adopted and approved this
26th day of May, 1983
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Kron-
feldt.
Mr. Frommelt expressed apprecia-
tion.
Special Session, May 26, 1983
Transfer of Jaycee's Class "B" Beer
Permit from 1023¼ Main St. to
Thelsen's Family Store (Parking Lot),
2900 Dodge St. for two days, June 4th
& 5th, 1983, presented and read.
Council Member Deich moved that
the transfer be approved. Seconded by
Council Member HararneL Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Absent--Councll Member Kron-
feldt,
There being no further business,
Council Member Beurskens moved to
adjourn. Seconded by Council Member
Haramel. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Kron-
feldt.
Mary A. Davis
City Clerk
By: Karen M. Chesterman
Deputy City Clerk
Approved __1983
Adopted 1983
Mayor
Council Members
ATTEST:
City Clerk
167