1982 January Council Proceedings INDEX -- BOOK 112
1982 SUBJECT Page
Z
Jan. 4--Zoning pr oblems with Inland Molasses, petition by D. Har tig.. 5
11 --Zoning Bd. of Adjustment, appointment of Chad Leitch ...... 15
" 18--Zoning Map Amendments, re: Julien Dubuque Dr ........... 20
Feb. 1--Zoning Bd. of Adjustment re: referral of rezoning problems
with Doffs Transmission property ........................ 29
8--Zoning change re: property east oI JFK Rd. between Foothill &
Fire Station ........................................... 36
" 15--Zoning Change re: property at 442-444 and 426-428 W. 5th St.. 50
" 22--Zirkelback, Dennis & Sandra, Cigarette Permit, Class "C" Li-
quorL ............................................... 61, 62
" 22--ZONING BD. OF ADJUSTMENT Submitting Minutes ......
...................... 62, 104, 146, 203, 241,272, 302,326, 397, 438
" 22--Zoefier, Barbara re: funding for Inf. & Referral .............. 63
May 3--Zoning Map amendments for annexation area (North Sector). 154,188A
" 17--Zoning amendment re: Group W Cable Property at 3033
Asbury. ~ ............................................ 174
June 7--Zirker, Eugene, Bishop of Church et Latter Day Saints, Gave
Invocation ........................................... 188A
7--Zoning amendment re: changing greenhouses ............... 189
" 21--Zayre Snack Bar, Cigarette Permit ........................ 240
July 6--Zoning land around Airport, request by Airport Corem ....... 252
" 19--Zoning Ordinance Review re: City Mgr, submitting status
report ............................................... 273
" 19--Zoning re: Swiss Valley Farms going on record as tavoring HI
zoning for area east of Central Ave. from old City limits north
to the new City limits ................................... 273
" 19--Zoning (~rdinance, re: petition oI John Tigges relative to
amendment to Ord. in regard to height requirements for
fences ............................................... 273
Aug. 2--Zoning change re: Ord. 28-82 Repealing Sec. 4-121 PI Planned
Ind. Dis. of Article IV and Enacting a new Section 4-121 Plann-
ed Ind. Dis ........................................... 281
" 9--Zoning change to regulate & require fee for temporary signs
and flags in IIist. Districts ............................ ~.. 305-307
Sept,20--Zoning Bd. of Adjustment appointment of Dominic Good-
mann ................................................ 367
Oct. 4--Zimpro Sidestream Processing Unit re: EPA dropping requir~
ment of installation .................................... 373
Nov, 15--Zoning Reclassification Denial for property east of Southway
as requested by II. Butt & Ed Turnquist ................... 407
" 15--Zoning re: P & Z Comm. submitting their review and recom-
mending approval of amendment to Non-Conforming Use Sec-
tion of Zoning Ordinance ................................ 408
Dec. 8--Zoning Ordinances re: Amendments to the Non-Conforming
Uses Sections ......................................... 420
" 13--Zoning Ord. re: p & Z Submittlng Response to Bd. of Realtors'
Letter ............................................... 439
Regular Session, January 4, 1982
CITY COUNCIL
OFFICIAL
Regular Session, January 4. I982.
Council Met at 7:30 P.M. (C.S,T.) in
City Hall Council Chambers.
The meeting was called to order by
D. Michael King.
Past Mayor D. Michael King com-
mented on his tenure on the Council
and stressed his appreciation of fellow
Council Members, City staff and
citizens of Dubuque and wished the
best to the new Council.
Let the record show that the elected
Mayor and all elected Council
Members had previously been ad-
ministered their oaths of office and
signed them before the City Clerk.
James E. Brady was sworn in as
Mayor by City Clerk Mary A. Davis.
Thomas J. Beurskens, Donald Deich,
Sr., William K. Hamme[, John Klauer,
Lores Kluesner and Rhonda Kronfeldt
ail sworn in as Council Members by
the City Clerk.
Council Member Deich moved that
John Klauer be selected as Mayor Pro-
Tern for the first eight months of the
year. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Kiauer.
Mayor Pro-Tem Kiauer sworn into
office by the City Clerk.
Mayor Brady conunented on his
responsibilities and the serious effort
that will be made by himself and other
Council Members in the coming years'
terms and commended former Mayor
King on his hard work and dedication.
RESOLUTION NO. 14~2
Resolution Providing for the
Appointment of a City Clerk
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That in accordance with Chapter
372.13(3) of the Code of Iowa, 1981,
the fofiowing official be appointed as
City Clerk for the purpose to perform
the duties of said position as required
by State Law, subject however, to the
right of the Council to declare such of-
flce vacant or remove the official
therefrom at the pleasure of the Coun-
cll with or without cause, and said
official to be paid the compensation as
provided in the current budget.
CITY CLERK
Mary A. Davis
Passed, adopted and approved this
4th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kiauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kiuesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 2-82
Resolution Providing for the
Appointment of a Corporation Counsel
BE IT RESOLVED BY TIlE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That in accordance with Chapter
372.7(3b) of the Code of Iowa, 1981,
the following official be appointed as
Corporation Counsel for the purpose
to perform the duties of said position
as required by State Law, subject
however, to the right of the Council to
declare such office vacant or remove
the official therefrom at the pleasure
of the Council with or without cause,
and said official to be paid the compen-
sation as provided in the current
budget.
CORPORATION COUNSEL
Romolo N. Russo
Passed, adopted and approved this
4th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Member Beurskens, Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Doich, Kinuer, Kluesner,
Kronfeldt.
Nays--Council Members Beurskens,
IIammel.
Council Member Khiesner moved to
amend the Resolution of appointment
of Corporation Counsel R.N. Russo,
with amendment stating term to ex-
pire Mrch 31, 1982 and Clerk follow
through on process of notification of
Regular Session, January 4,1982
publication of position of Corporation
Counsel. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Klauer, Kluesner,
Kronfeldt.
Nays--Council Members Beurskens,
Hanunel.
RESOLUTION NO. 3-82
Resolution Providing for the
Appointment of a City Manager
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That in accordance with Chapter
372.1314) of the Code of Iowa, 1981,
the following official be appointed as
City Manager for the purpose to' per-
form the duties of said position as re-
quired by State Law, subject however,
to the right of the Council to declare
such office vacant or remove the
official therefrom at the pleasure of
the Council with or without cause, and
said official to be paid the compensa-
tion as provided in the current budget.
CITY MANAGER
W. Kenneth Gearhart
Passed, adopted and approved tins
4th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution as amend-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bars Deich, Klauer, Klueener.
Nays--Council Members Beurskens,
Hammel, Kronfeldt.
Council Member Kluesner moved to
amend the Resolution appointing W.
Kenneth Oearhart as City Mgr., for a
term expiring June 30, 1982, withr
seelution for reappolntment etc.
brought back at the July 5, 1982
Meeting, for evaluation purposes,
Seconded by Council Member Delch.
Carried by the following vote:
yees--Mayor Brady, Council Mem-
bars Deich, Klauar, Klueeaer.
Nays--Council Membece Beurakena,
Hammel, Kronfeldt,
Council Member Beurskens moved
to amend the amendment to the
Resolution of the appointment of City
Mgr. to terminate Mr. Gearhart as of
March 31, 1982, with instructions to
Clerk to publish notice of opening of
position of City Mgr. Seconded by
Council Member Hammel. Vote on th~
motion was as follows:
Yeas--Council Members Beurskens,
Hammel, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Deich, Klauer, Kluesner. MOTION FAILED.
Romohi Russo stated that the terms
of the amendment for ins appointment
as Corporation Counsel were not ac-
ceptable to into, thanked ail the
of the City and bid everyone
good-night.
Mary A. Davis and W. Kenneth
Gearhart sworn in respectively as City
Clerk and City Manager by Mayor
James E. Brady.
RESOLUTION NO. 4-82
Designating the Official Newspaper
of the City of Dubuque, Iowa
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That in accordance with Chapter 618
of the Code of Iowa, 1981, the follow-
lug shall be designated as the Official
Newspaper of the City of Dubuque,
Iowa, for the purpose of publication of
notices and reports of proceedings as
required by law:
TELEGRAPH HERALD
Passed, adopted and approved tins
4th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolutlon. Seconded
by Council Member Kronfuldt. Carried
by the following vote:
yees--Mayor Brady, Council Mem-
bets Beurskens, Hammel, Klauer,
Klueener, Kronfeldt.
Nays--Council Member Deich.
RESOLUTION NO. 5-82
Resolution Nmning Depositories
BE IT RESOLVED by the City
Council of Dubuque, in Dubuque
County, Iowa: That we do hereby
designate the following named banks
to be depositories of the City of Dubu-
que funds in amounts not to exceed
the amount named opposite each of
said designated depositories and the
City Treasurer ia hereby authorized to
deposit the City of Dubuque funds in
amounts not to exceed in the
Regular Session, January 4, 1982 3
the amounts named for said banks as follows, tc-wit:
M~udmum Deposit M~iimum l~pozit
~,rnerican Trust &
~avings Bank
e Bank &
Dated at Dubuque, Iowa, tins
LOCATION
Dubuque, Iowa
Dubuque. Iowa
Dubuque, Iowa
day of January, 1982.
Mary A. Davis
' City Clerk SEAL
Council Member Deich moved adop-
of the Resolution. Seconded by
[ Member Hammel. Carried by
vote:
Yeas--Mayor Brady, Council Mem-
tBeurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Member Klauer moved that
the City Clerk advertise for position of
Hty Solicitor immediately and not fill
the position tonight. Seconded by
Council Member Deich. No vote was
taken on the motion.
Council Member Hammel moved
that Barry Lindahl be appointed as
Acting Corporation Counsel during
the interim before the position be prc~
perly filled. Seconded by Council
Beurskens. Carrled by the
following vote:
Yeas--Council Members Beurskens,
Kluesner.
Nays--Mayor Brady, Council
Council Member Hanunel moved
that a period of thirty days be given as
)pening of the position of
Counsel. Seconded by
Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Connnunication of City Manager
Ordinance providing a
'!Charter for the City of Dubuque,
presented and read.
Member Beurskens moved
that the communication be received
and flied. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
in effect under prior under this
resolution re~olution
$20,000,000.00 $30,000,000.00
$15,000.000.00 $25,000.000.00
$15,000,000.00 $20,000.000.00
$10,000,000.00 $20,000,000.00
bars Bearskens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 1~2
AN ORDINANCE ACCEPTING A
CHARTER FOR THE CITY OF
DUBUQUE, IOWA, EMBODYING
THE EXISTING FORM OF
GOVERNMENT ON JANUARY 1,
1982, 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 Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 1-82
AN ORDINANCE ACCEPTING A
CHARTER FOR THE CITY OF
DUBUQUE, IOWA, EMBODYING
THE EXISTING FORM OF GOV-
ERNMENT ON JANUARY 1, 1982.
WHEREAS, the electorate of the
City of Dubuque, Iowa, did on June 3,
1980, approve a change in the form of
government for the City of Dubuque;
and
WHEREAS, Section 372.2 of the
Cede of Iowa provides that the City
shall odopt by Ordinance a new Char-
ter embodying the adopted form.
NOW THEREFORE, be it ordained
by the City Council of the City of
Dubuque, Iowa:
SECTION 1. Purpose.
The purpose of this Ordinance is to
provide for a Charter embedying the
form of government existing on Jan-
uoxy 1, 1982.
SECTION 2. Charter.
This Ordinance may be cited as the
Charter of the City of Dubuque,
Iowa.
SECTION 3. Form of Govern-
The form of government of the City
of Dubuque, Iowa, is the Council Man-
ager-Ward form of government.
2
publication of position of Corporation
Counsel. Seconded by Council Member
Deich. Carried by the foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Klauer, Kluesner,
Kronfeldt.
Nays--Council Members Beurskens,
Hammel.
RESOLUTION NO. 3-82
Resolution Providing for the
Appointment of a City Manager
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU~
QUE. IOWA:
That in accordance with Chapter
372.13(4) of the Code of Iowa, 1981,
the following official be appointed as
City Manager for the purpose to per-
form the duties of said position as re-
quired by State Law, subject however,
to the right of the Council to declare
such office vacant or remove the
official therefrom at the pleasure of
the Council with or without cause, and
said official to be paid the compensa-
tion as provided in the current budget.
CITY MANAGER
W. Kenneth Gearhart
Passed, adopted and approved this
4th day of January, 1982.
James E. Brady
Mayor
A'VrEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution as amend-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bors Deich, Klauer, Kluesner.
Nays--Council Members Beurskens
Hammel, Kronfetdt.
Council Member Klueener moved to
amend the Resolution appointing W.
Kenneth Gearhart as City Mgr.,for a
term expiring June 30, 1982, withr
eeolution for reappointment etc.
brought back at the July 5, 1982
Meeting, for evaluation purposes.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Deich, Klauar, Klueenar.
Nays--Council Members Beursken~
Hammel, Kronfeldt.
Council Member Beursknas moved
to amend the amendment to the
Resolution of the appointment of City
Mgr. to terminate Mr. Gearhart as of
March 31, 1982, with instructions to
Regular Session, Janu~y 4, 1982
Clerk to publish notice of opening of
position of City Mgr. Seconded by
Council Member Hammel. Vote on the
motion was as follows:
Yeas--Council Members Beurskens,
Hammel, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Deich, Klauer, Khiesner.
MOTION FAILED.
Romolo Russo stated that the terms
of the amendment for his appointment
as Corporation Counsel were not ac-
ceptable to him, thanked all the
citizens of the City and bid everyone
good-night.
Mary A. Davis and W. Kenneth
Gearhart sworn in respectively as City
Clerk and City Manager by Mayor
James E. Brady.
RESOLUTION NO. 4-82
Designating the Official Newspaper
of the City of Dubuque, Iowa
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That in accordance with Chapter 618
of the Code of Iowa, 1981, the follow-
ing shall be designated as the Official
Newspaper of the City of Dubuque,
Iowa, for the purpose of publication of
notices and reports of proceedings as
required by law:
TELEGRAPH HERALD
Passed, adopted and approyed this
4th day of January, 1982.
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 foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klauer,
Khiesnar, Kronfeldt.
Nays--Council Member Deich.
RESOLUTION NO. 5-82
Beeelution Naming Depositories
BE IT RESOLVED by the City
Council of Dubuque, in Dubuque
County, Iowa: That we do hereby
designate the following named banks
to be depositories of the City of Dubu-
que funds in amounts not to exceed
the amount named opposite each of
said designated depositories and the
City Treasurer is hereby authorized to
deposit the City of Dubuque funds in
amounts not to exceed in the
Regular Session, January 4, 1982 3
aggregate the amounts named for said banks as follows, to-wit:
Maximum Deposit M~ximum De~t
NAME OF la effeet under prior under this
DEPOSITORY LOCATION resolution re~lution
American Trust &
Savings Bank Dubuque, Iowa $20,000,000.00 $30,000,000.00
Dubuque Bank &
·rust Co. Dubuque, Iowa $15,000,000.00 $25,000,000.00
First National Bank Dubuque, Iowa $15,000,000.00 $20,000,000.00
Key City Bank &
3~ust Co. Dubuque, Iowa $10,000,000,00 $20,000,000.00
Dated at Dubuque, Iowa, this 4th
day of January, 1982.
Mary A. Davis
City Clerk SEAL
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member HammeL Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Council Member Klauer moved that
the City Clerk advertise for position of
City Solicitor immediately and not fill
the position tonight. Seconded by
Council Member Deich. No vote was
taken on the motion.
Council Member Hammel moved
that Barry Lindahl be appointed as
Acting Corporation Counsel during
the interim before the position be pro-
perly filled. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner.
Nays--Mayor Brady, Council
Member Klauer.
Council Member Hammel moved
that a period of thirty days be given as
the deadline for resumes to be received
from the first date of publication of the
notice of the opening of the position of
Corporation Counsel. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauar, Klueener, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Ordinance providing a
"Charter for the City of Dubuque,
Iowa", presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member HammeL Carried by the
following votoi
Yeas--Mayor Brady, Council Mere-
bors Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 1-82
AN ORDINANCE ACCEPTING A
CHARTER FOR THE CITY OF
DUBUQUE, IOWA, EMBODYING
THE EXISTING FORM OF
GOVERNMENT ON JANUARY 1,
1982, presented and read.
Council Member Beurskena 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 Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 1-82
AN ORDINANCE ACCEPTING A
CHARTER FOR THE CITY OF
DUBUQUE, IOWA, EMBODYING
THE EXISTING FORM OF GOV-
ERNMENT ON JANUARY 1, 1982.
WHEREAS, the electorate of the
City of Dubuque, Iowa, did on June 3,
1980, approve a change in the form of
goven~ment for the City of Dubuque;
and
WHEREAS, Section 372.2 of the
Code of Iowa provides that the City
shall adopt by Ordinance a new Char-
ter embodying the adopted form.
NOW THEREFORE. be it ordained
by the City Council of the City of
Dubuque, Iowa:
SECTION 1. Purpose.
The purpose of this Ordinance is to
provide for a Charter embodying the
form of government existing on Jan-
usry 1, 1982.
SECTION 2. Charter.
This Ordinance may be cited as the
Charter of the City of Dubuque,
Iow~c
SECTION 3. Form of Govern-
mont.
The for~n of government of the City
of Dubuque, Iowa, is the Council Man-
ager-Ward form of government.
Regular Session, January 4, 1982
SECTION 4. Powers and Duties.
The Mayor, City Council, City Mm~-
ager and other City officers have such
powers and shall perform such duties
as are authorized or required by State
law and by the Or~Hnances, Resolu-
tions, rules and regulations of the City
of Dubuque, Iowa.
SECTION 5. Copies of Fite.
The City Clerk shah keep an official
copy of this Charter of file with the re-
cords of her/his office, m~d shall imme-
diately file a copy of the Charter with
the Secretary of State and maintain
copies available for public inspection.
Passed, approved and adopted this
4th day of January, 1982.
James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 13th January,
1982.
Mary A. Davis
It 1/I3 City Clerk
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 Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mayor Brady read a City of Dubu-
que Proclamation remembering and
honoring long-time City Park Dept.
Mgr. Richard Kramer, who died unex-
pectediy on January 1, 1982, and
leading those present in a moment of
ssent prayer.
Communication of City Mgr. sub-
mitting Resolution for the authorizing
of filing of a Second Amendment to
Section 5 Application with UMTA,
presented and read.
Council Member Klauer moved that
the communication be receivpd and
filed. Seconded by Council Member
Dnich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 6-82
Resolution Authorizing the Filing of a
Second Amendment to Section 5 Ap-
plication (IA-05-0009) with the Depart-
merit of Transportation, United States
of America, for a (]{rant Under the Ur-
ban Mass Transportation Act of 1964,
as amended.
WHEREAS, the Secretary of
Transportation is authorized to make
grants for mass transportation pro-
eels;
WHEREAS, the contract for finan~
:iai assistance will impose certain
obligations upon the applicant, in-
cluding the provision by it of the local
share of project costs;
WHEREAS, it is required by the
U.S. Department of Transportation in
accord with the provisions of Title VI
of the Civil Rights Act of 1964, that in
connection with the filing of an amend-
merit to an application for assistance
under the Urban Mass Transportation
Act of 1964, as amended, the applicant
give an assurance that it will comply
with Title VI of the Civil Rights Act of
1964 and the U.S. Department of
Transportation requirements
thereunder; and
WHEREAS, it is the goal of the ap-
)licant that minority business enter-
)rise be utilized to the fullest extent
)ossible in connection with these pro-
jects, and that definitive procedures
shall be established and administered
to ensure that minority businesses
shall have the maximum feasible op-
portunity to compete for contracts
when procuring construction con-
tracts, supplies, equipment contracts,
or consultant and other services:
NOW, THEREFORE, B~ IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1, That the Mayoral the City
of Dubuque is authorized to execute
and file an amendment to an applies-
lion on behalf of the City of Dubuque
with the U.S. Department of Transpo~
ration, to aid in financing the purchase
of a complete spare engine transmis-
sion cradle assembly and dolly pu~
suant to Section 5 of the Urban
Transportation Act of 1964.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute
and file with such amendments to ap-
~lications an assurance or any other
document required by the U.S. Depart-
ment of Transportation effectuating
the purposes of Title VI of the Civil
Rights Act of 1B64.
Section 3. That William Kohler,
Transit Manager, is authorized to fu~
aish such additional information as
the U.S. Department of Transportation
may require in connection with the ap-
~lication amendments or the project
Regular Session, January 4, 1982
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirmative minority
business policies in connection with
the project's procurement needs.
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant contract agreements and amend-
ments to said agreements on behalf of
the City of Dubuque with the U.S.
Department of Transportation for aid
in the financing of capital assistance
projects.
Passed, adopted and approved this
4th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Petition of Atty. Dennis Naughton,
on behalf of Mr. & Mrs. David Hartig,
Jr., et al, requesting Council refrain
from any consideration of a zoning
change affecting lower Julien Dubu-
que Drive area and requesting addi-
tional time to take appropriate legal
action regarding the Inland Molasses
Co. Plant, presented and read.
Council Member Delch moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
David Hartig spoke to the petition
stating he was just the spokesperson
for a larger group of south end in-
dividuals who have been inundated
with the strong odors emanating from
the Inland Molasses Co.
Council Member Hammel moved
that the petition be referred to the Cor.
potation Counsel and staff for in-
vestigation. Seconded by Council
Member Klauer. Carried by the renew-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Historic Preser-
vation Commission recommending
postponoment of demolition of
building located at 75 E. 17th St.,
presented and read.
Paul Rossiter of the Historic Pres.
Comm. requested that Counc'fl concur
with the recommendation for the nine-
ty day postponement as this building
is one of the most historically signifi-
cant buildings in the City.
Council Momber Hammol moved
that the demolition permit be delayed
for forty-five days from this date and
then proceed with the demolition.
Seconded by Council Member Deich.
Vote on the motion was as follows:
Yeas--Council Members Deich,
Hsmmel, Kluesner.
Nays--Mayor Brady, Council
Members Beurskens, Klauer,
Kronfeldt.
MOTION FAILED.
Council Member Klauer moved that
there be the full ninety day postpone-
ment allowance for the demolition per-
mit and instruct Staff to proceed for
any possible saving of the building.
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.
Council Member Deich moved that
the appointments of Council Members
to various agencies be referred to the
meeting of January 11, 1982. Second-
ed by Council Member Kluesner. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, HammeL
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mayor Brady moved that the Coun-
cil reconsider previous action taken
regarding the City's contract with the
Chamber of Commerce. Seconded by
Council Member Deich. Vote on the
motion was as follows:
Yeas--Mayor Brady, Council Mem-
bers Deich, Klauer.
Nays--Council Members Beurskons,
Hammel, Kluesner, Kronfeldt,
MOTION FAILED.
RESOLUTION NO. 7-82
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
Regular Session, Janmu~ 4, 1982
WHEREAS, The premises to be oc-
copied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have flied
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicante a Beer Permit.
CLASS "B" BEER PERMIT
Clarke College of Dubuque, Iowa
1500 Clarke Drive
Passed, adopted and approved this
4th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kiauer moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hummel,
Kiauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 12-8; Cable Corem. Tele-
Programming Comm. of 12-1; Cable
Regulatory Comm. of 12-2; Five Flags
Comm. of 12-7; Park Bd. of 12-11;
Transit Bd. submitting Earnings
Statement & Statistics for month of
Nov. 1981, presented and read.
Council Member Beurskens moved
that the minutes be received and fried.
Seconded by Council Member Delch.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting November monthly
reports of the Finance Director and
City Treasurer, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurekens, Deich, Hummel,
Klauer, Kluesner, Kronfeldr.
Nays--None.
Notices of Claims & Suits: Lee Rup.
now, in est. amt. of $4895 for personal
property damages; Anna M. Hanten, a
minor by Thomas E. Hunten, for per-
serial injuries in the amt. of $37,500,
presented and read.
Council Member Beurskens moved
that the claims and suits be referred to
the Corporation Counsel, Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending denial of per-
sonal injury claim of Deanna Kay
Rooney, presented and read.
Council Member Beurskens moved
that thc communication be received
and filed and denial approved. Second-
ed by Council Member Deich. Carried
by the following vote:
Yeas--Mayur Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Cedar Rapids
Television Company (KCRG) submit-
ting Petition for Reconsideration and
Motion for Stay regarding the matter
of KDUB-TV Inc.'s Petition for
Waiver of Section 76.92{gi of the Com-
mission's Rules before the Federal
Communications Commission,
presented and road.
Council Member Beurskens moved
that the communications be referred
to the City Manager. Seconded by
Council Member Doich. Carried by the
following vote:
Yeas--Mayor Brady, C0~ncli Mem-
bers Beurskens, Deich, Hummel,
Kiauer, Kluesner, Kroufeldt.
Nays--None.
Refunds Requested: Dwaine D.
Bowman, $225 on unexpired Beer Per-
mit; Hoffman House Restaurants, Inc.
$633.75 on unexpired Liquor License;
Earl F. Woedyurd $50 on unexpired
Cigarette License, presented and read.
Council Member Beurekens moved
that the refunds bs approved and
Finance Director to issue proper
check. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammni,
Klauer, Kloosner, Kronfeldt.
Nays--None.
Communication of U.S. Army Corps
of Engineers submitting Public Infer-
marion Fact Sheet regarding Lock &
Dam No. 26 (Replacement) Hydro-
Regular Session, January 4, 11~2
electric Power Study, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bors Beurekens, Deich, Hummel,
Kiauer, Kluesnec, Krenfeldt,
Nays--None.
William Dix, of 450 Hill St. express-
ed the opinion that two mistakes were
made at this meeting, such as the
handling of the appointments of Mr.
Russo and Mr, Gearhart.
Tilden Polsean, 240 King St. stated
the Council had done a good job and
was satisfied with the matter of Mr.
Russo and expressed dissatisfaction
with the WWTP.
A1 Polsean, 3515 Crescent Ridge,
questioned the variation of rates
relative to residential and business
garbage pick up, and suggested that a
tag system would be moro equitable,
also questioned the completion date of
the Crescent Ridge Sewer Project.
Merlin Hull, 710 Perry St. stated
that the Council was off to a good
start.
Council Member Beurskens com-
mended the Street Dept. for a good job
during the winter snow storms.
Council Member Kiauar commended
the late Dick Kramer for his great
knowledge of the City Parks.
There being no further business,
Council Member Hummel moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bors Beurekens, Deich, Hummel,
Klauer, Kluesner, Krenfeldt.
Nays--None.
Mary A, Davis
City Clerk
Approved __1982
Adopted __1982
Mayor
CouncllMembere
ATTEST:
City Clerk
8
Special Session, January 11,1982
CITY COUNCIL
OFFICIAL
Council Met at 7:30 P.M. Public
Library Auditorium.
Present--Mayor Brady, Council
Members Beursksns, Deich, Hammel,
Klauer, Kineener, Kronfaldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry Lindahl.
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 to consider a Resolution
authorizing to proceed with the is-
suance and sale of Industrial Develop-
ment Revenue Bonds, Series 1981
{Jeld-Wen Fiber Products Project) in
an aggregate principal amount not to
exceed $7,000,000 and acting upon
such other business which may proper-
ly come before the Council.
PROCLAMATIONS: January 14,
1982 as "Dubuque Retired Teachers
Assn.-American Association of
Retired Persons Day".
January 15, 1982 as "Martin Luther
King Day" received by Jan Gleichner
end Anne Webb. Week of January
17-23, 1982 as "Dubuque Jaycee
Week" received by Kevin Niewoehner
and Rick Baumbever.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing of Intention to issue In-
dustrial Development Revenue Bonds
Series 1982 (Jeld-Wen Fiber Products
Project), presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Ha.~mmel moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Benrskens, De/ch, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Attorney David Setter, representing
Jeld-Wen Fiber Products, requestsd
favorable consideration of this matter
so as to ensure future stability and ex-
pension of this Company,
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yens--Mayor Brady, Council Mem-
bers Benrskens, Deich, Hammel,
Klauer, Klueener, Kronfeldt.
Nays--None.
RESOLUTION NO. 8-82
Resolution to Proceed with the Is-
suanoe and Sale of Industrial Develop-
ment Revenue Bonds, Series 1981
(Jeld-Wen Fiber Products Project) in
an aggregate principal amount not to
exceed $7,000,000
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-
structinn or purchase, land, buddings,
improvements and equipment, or any
interest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or aeeembl-
lng of any agricultural or manufae.
lured products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or
of a natic~nal, regional or divisional
headquarters facility of a company
that does multistate business; and
WHEREAS, the Issuer has-been re-
quested by JELD-WEN FIBER PRO-
DUCTS, inc. of Iowa (the
"Company:'), an Iowa corporation, to
issue its industrial dev. elopment
revenue bonds to finance the Com-
pany's acquisition by construction or
purchase of land, buildings, equipment
and improvements suitable for use as a
manufacturing facility (the "Project")
to be located within the Issuer, which
will employ substantial numbers of
people from and near the Issuer with
the resulting increased employment,
substantial payrolls and other public
benefits flowing therefrom; and
WHEREAS, it is proposed to
finance the cost of the Project through
the issuance of Industrial Develop-
ment Revenue Bonds, Series 1981
(Jeld-Wen Fiber Products Project) of
the Issuer in an aggregate principal
amount not to exceed $7,000,000 (the
"Bonds") and to loan said amount to
the Company under a Loan Agreement
between the Issuer and the Company,
the obligation of which will be enffi-
cient to pay the principal of and in-
rarest and redemption premium, if
any. on the Bonds, as and when the
Regular Session, Jananry 4, 1982
same shall be due; and
WHEREAS, notice of intention to
issue the Bonds has, as directed by the
City Council of the Issuer, been duly
given in compliance with the Act; and
WHEREAS, a public hearing has
been held on the proposal to issue the
Bonds at the time and place as
specified in said notice and all objec-
tions or other comments relating to
the issuance of the Bonds have been
heard;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
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 Projee~ and such actions
will be taken by the Issuer as may be
required prusuant 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.
nectlon with the issuance of the Bonds
and such agreements shall be autherlz-
ed and approved after due considers-
lion by this Council prior to their ex-
eeution by the Issuer,
Section 3. The Mayor, the City Clerk
and the City Attorney are har~by
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishments of the Pro-
ject and the issuance and sale of the
Bonds.
Section 4. All resolutions and parts
thereof in oonflict herewith are hereby
r~pealed to the extent of such conflict.
Section 5. This Resolution shall
become effective immediately upon its
passage and approval
Passed and approved this llth day
of January, 1982.
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk (Seal)
Council Member. Klauer moved
adoption of the Resolution, Seconded
by Council Member Beurskens. Car-
rlad by the following vote:
Yeas--Mayor Brady, Counc'fl Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to amend Zoning Ordinance
to provide for minimum required lot
area in square feet for group home,
presented and read.
There were no written objections
receiv~ed.
Don Osborne, Ex. Dh-. of Hiilcrest
Family Services, stated he would like
to see the pending Ordinance passed
and stressed that most group homes
do meet and exceed standards, stress-
lng that no major problems have sur-
faced with those from Hilicrest.
Bob Fisch, Pres. of W. 11th St.
Neighborhood Organization, stated
that this organization had had no pro-
blems with the Jefferson Shelter
House or Henion St. group home,
which was a relief after the earlier pro-
blems with the Famco Home, and
therefore had no qualms with the pass-
lng of the Ordinance.
Father Tom Rhomberg, stated he
supported this change in the Zoning
Ordinance considering that they are
building two new homes on Venture
Dr., and assuring the Council that the
licensing people in Des Moines are
very careful with their standards.
Scott Terimne, 2841 Pennsylvania,
Facility Dh-. of Dubuque Correctional
Fac'dity, stated that their fac'dit'~ee are
inspected by two state agencies and a
federal agency.
Russell Nash, 596 W. llth, stated
that group homes makes use of these
large historic homes that very few
single families could afford and that he
seconded Mr. Fisch's statements.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Council Members Beurskens,
Deich, Hanunel, Klauer, Klueener,
Kronfeldt.
Nays--Mayor Brady.
Communication of Scott Terhune,
Facility Dh-. Dubuque Correctional
Facility, advising of support of the
proposed amendment to the Zoning
Ordinance, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Klueener. Carried by the following
vote:
10
Speciol Session, January 11, 1982
Yeas-Council Members Beurskens,
Delch, Hammel, Klauer, Kluesner,
Kronfeldt.
Nays--Mayor Brady.
ORDINANCE NO. 2-82
AN ORDINANCE AMENDING
ZONING ORDINANCE BY ENAC-
TING A NEW MINIMUM RE-
QUIRED LOT AREA IN SQUARE
FEET FOR GROUP HOMES IN
LIEU THEREOF, AND TO
CHANGE THE LOT AREA PER
RESIDENT REQUIREMENT FOR
GROUP HOMES IN RESIDENTIAL
DISTRICTS R-2* R-3, R-4, R-5 AND
OR-I, said Ordinance having been
presented and read at the Council
Meeting of Dec. 21, 1981, presented
for final adoption.
ORDINANCE NO. 2-82
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVID-
ING THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE.
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY REPEALING SEC-
TIONS 4-105.4; 4-106.4, 1; 4-107.4; 4-
108.4; 4-109.4, I OF ART CLE IV
AND ENACTING NEW EC-
TIONS 4-105.4; 4-106.4, l; 4-107.4; 4-
108.4; 4-109.4, 1 OF ARTICLE IV IN
LIEU THEREOF; BY ENACTING
A NEW SECTION 4-106.4, 3 OF
ARTICLE IV THEREOF AND BY
REPEALING THE MINIMUM
REQUIRED LOT AREA IN
SQUARE FEET FOR GROUP
HOMES REQUIR~ED UNDER
SECTION 4-109.6 AND ENACT-
ING A NEW MINIMUM
REQUIRED LOT AREA 1N
SQUARE FEET FOR GROUP
HOMES FOR SECTION 4-109.6 OF
ARTICLE 1V IN LIEU THEREOF,
TO CHANGE THE LOT AREA
PER RESIDENT REQUIREMENT
FOR GROUP HOMES IN RESI-
DENTIAL DISTRICTS R-2, R-3,
R-4, R-5 AND OR-1.
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 revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by repealing Sec-
tion 4-105.4 (ff Article IV thereof, and
enacting a new Section 4-105.4 of Arti-
cle IV in [leu thereof, as follows:
Section 4-105.4 Conditional Uses
The following Conditional Uses are
permittsd in the R-2 Residential Dis-
trict, but only in accordance with the
provisions of Article VI of this ordi-
nance governing the issuance of Con~
ditional Use Permits:
Those Conditional Uses allowed in
the R-1 Residential District under
the same terms and conditinns con-
tained therein, unless further identi-
fied below as a separate conditional
1) Group homes on lots of no less
than 1,000 squm'e feet per resident,
provided that off-street parking is
adequate to the expected need for
such parking.
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by repealing Sec-
tion 4-106.4, 1 of Article IV thereof,
and enacting a new Section 4-106.4, 1
of Article .IV in lieu thereof, as fol-
lows:
Section 4-106.4 Conditional Uses
D Ail uses listed as Conditional U~s
in the R-1 Residential District Regu-
lations under the same standards,
restrictions, and conditions provided
for therein, unless further identified
below as a separate conriitinn al use.
Section 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by enacting a new
Section 4-106.4, 3 of Article 1V thereof,
as follows:
Section 4-106.4 Conditional Uses
3) Group homes on lots of no less
than 650 squm'e feet per resident,
provided that off-street parking is
adequate to the expected need for
such parking.
Section 4. That the Ccde of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appandix A
1hereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by repealing Sec-
tion 4-107.4 of Article IV tiwreof, and
enacting a new Section 4-107.4 of Arti-
cle IV in lieu thereof, as follows:
Section 4-107.4 Conditional Uses
The fofiowing Conditional Uses are
permitted in the R-4 Residential Dis-
tdct, but only in accordance with the
provisions of Article VI of this onii~
Special Session, January 11, 1982
11
nanee governing the issuance of Con-
ditional Use Permits:
All uses listed as Conditional Uses in
the R-1 Residential District Regula-
tions under the same standards,
restrictions, and conditions provided
for therein, unless further identified
below as a separate conditional use.
1). Group homes on lots of no less
than 500 square feet per resident pro-
vided that off-street parking is ade-
quate to the expected need for such
parking.
Section 6. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by repeating Sec-
tion 4-108.4 of Article IV thereof, and
enacting a new Section 4-108.4 of Arti-
cle IV in lieu thereof, as follows:
Section 4-108.4 Conditional Uses
The following Conditional Uses are
permitted in the R-5 Residential Dis-
trict, but only in accordance with the
provisions of Article VI of this ordi-
nance governing the issum~ce of Con-
ditional Use Permits:
All uses listed as Conditional Uses in
the R-1 Residential District Regula-
tions under the smile standards,
restrictions, and conditions provided
for therein, unless further identified
below as a separate conditional use.
1) Group homes on lots no les~s than
400 square feet per resident provided
that off-street parking is adequate to
the expected need for such parking.
Section 6. That the Code of Oedi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also kno)wn as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa". by repealing Sec-
tion 4-109.4. 1 of Article IV thereof,
and enacting a new Section 4-109.4, 1
of Article IV in lieu thereof, as fol-
Section 4-109.4 Conditional Uses
II Group homes on lots of no less
than 400 square feet per resident pro-
vided that off-street parking is ade-
quate to the expected need for such
parking.
Sect/on 7. That the Code of Ordi-
nances of the City of Dubuque. Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by repealing tbe
Minimum Required Lot Area in
Square Feet for Group Hom~ required
by Section 4-109.6 of Article IV, and
enacting a new Minimum Required
Lot Area in Square Feet for Group
Homes for Section 4-199.6 of Article IV
in lieu thereof, as follows:
Section 4-109,6 OR-1 SCHEDULE OF
D1STRICT REGULAIONS:
Minimum Required Lot Area (in
square feet): Group Homes - 400 per
resident.
Section 8. That the foregoing
amendment has heret ofol*" been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, APPROVED AND
ADOPTED this 1 lth day of January.
ATTEST: ,James E. Brady
Mary A. Davis MAYOR
CITY CLERK
Pubhshed officially in the Telegraph
Herald newspaper this 21st day of,lan-
umT, 1982. Mary A. Davis
It 1/21 City Clerk
Council Member Klauor moved final
adoption of the Ordinance. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Klauer, Kinesner,
Kronfeldt.
Nays--Mayor Brady.
Communication of Planning and
Zoning Commission advising of the
denial of the request to rezone proper-
ty located on 30th St. between Elm &
Jackson Sts. from Cq to L-I as re-
quested by Doffs Transmission Sep
vice, presented and read.
Council Member Deich moved that
the communication be received and
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
AN ORDINANCE Amending Zon-
ing Ordinance by reclassifying proper-
ty located on 30th St. from Jackson to
Ehn Sts. from C-1 Commercial District
classification to L-1 Light Industrial
classification, presented and read.
Council Member Deich moved that
this reading be considered the first
reading of the Ordinance. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich moved that
the rule requiring an Ordinance to be
~resented and read at two meetings
)riot to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
12
Special Session, Jnnunry 11, 1982
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich moved that a
Public Hearing be held. on the O~
dinance on February 1, 1982 in the
Council Chamber at the City Hall and
that the City Clerk be instructed to
publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Klaner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klener, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting the Positive Guidance
Demonstration Project (Dodge St. at
Bluff & Locust), presea/~d 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 Beurskene, Daich, Hammel,
Klaner, Klueener, Kronfeldt.
Nays--None.
Frank Murray, Mike Koch, and
Steve Jepeen of the City Staff stressed
that Dubuque was one of six locations
in the country selected because of the
high hazard location and that this
Dodge-Bluff-Locust St. intersection
would be in line for $217,000,000 of
signalization and channelization ira-
provements if approved by Council to
partnke of this program.
RESOLUTION NO. 9-82
Resolution Authorizing the Approval
of Prelimlnel~ Plans for the Im-
plementation of a Positive Guidance
Demonstration Project un the Ap-
preaches to, and at the Intersection of
Dodge, Bluff and Locust Streets in the
City of Dubuque.
WHEREAS, the City has identified
the need for safety improvements and
navigational aids at or near the in-
tersection of Dodge, Bluff and Locust
Streets as desirable; and
WHEREAS, It is their opinion that
improvement of the traffic carrying
capacity of the streets is necessary as
an interim measure pending the con-
structlen of the 561 fucllity; and
WHEREAS, the City and the State
have entered into an agreement
respecting the research development
and implementation of more effective
means of traffic control, specifically
through the Positive Guidance pre-
WHERAS, the City has identified
and approved funding of im-
provements to the intersection of
Dodge, Bluff and Locust Streets as an
dement of the 1981 Capital Improve-
ment Program through the use of
Federal funding; and
WHEREAS, a contract exists bet-
ween the City and the State to ac-
complish a Positive Guidance
demonstration project in the City of
Dubuque.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the preliminary
~lens ar~ hereby approved ae provided
in the attached memorandum and
~lans.
Section 2. That the City's concur.
renee in the adoption of the
preliminary plans be forwarded to the
Iowa Department of Transportation
for the purpose of developing final
plans and project agreements.
Passed, adopted and approved this
llth day of January, 1982.
Jamee E. Brady
Mayor
ATTEST:
Mary A. Davle
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Council Member Beurskene,
Hammel, Klneeaer, Kronfeldt.
Nays--Mayor Brady, Council
Members Delch, Kinner.
Mayor Brady and Council Member
Deleh commended Steve Jepsen, Traf-
fic Engr. for the time and effort involv-
ed in this study.
Communication of City Mgr. re-
questing additional funding for Joint
Emergency Connnunications Center
Project, presented and read.
Council Member Hammel moved
that the communication be received
and filed and the funding DENIED.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Special Session, January 11, 1982
13
Communication of Dubuque Fire
Fighters Association submitting com-
ments regarding the request for addi-
tional funding for Joint Emergency
Communications Center Project,
presented and read.
Council Member Hammci 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 Beurskene, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Luther Manor requesting
six month extension on the zoning
changes on their property located at
3131 Hillcrest Road, presented and
read.
Council Member Kronfeldt moved
that the petition be received and filed
and approved. Seconded by Council
Member Kinuer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Council Member
Donald E. Deich submitting an "Anti-
Gag Rule Resointion" presented and
read.
Council Member Deich moved that
the communication be received and
f'ded and approved. Seconded by Coun-
cil Member Klauer. No Vote was
Taken on the Motion.
A RESOLUTION Nullifying any
policy, verbal or written implied or
specific, that in any way restricts the
rights of any city employee to com-
municate with any City Council
Member, presented and read.
Council Member Deich moved that
this matter be referred to the City
Mgr, and the Council and return in one
month. Seconded by Council Member
Hammel. Carried by the following
Yeas--Mayer Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
Communication of Council Member
Deich submitting comments regarding
the defining the method and term of
Mayor Pro Tern appointments,
presented and read.
Council Member Kleuer moved that
the communication be received and
filed and the matter be referred to the
Legal Dept. for proper form. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskene, Deich, Hammel,
Kleuer, Kluesner, Kronleldt.
Nays--None.
Petition of Council Member Hammel
requesting appointment as a liaison
member to the Economic Develop-
ment, presented and read.
Council Member Krenfeldt moved
that the Council accept Council
Member Hammel's request to be the
liasion member for Economic Develop-
ment. Seconded by Council Member
Dcich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskene, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
BOARDS AND COMMISSIONS:
Council Member Bearekens moved
that a new method of appointing
members to the Board and Commie-
siena be adopted for the next six men-
the, namely that all applicants on file
are thereby nominated and that the
Clerk take the roll as usual and that
each Council Member casts a number
of votes equal to the number of vacan-
cles and continue around the table
once, thus any applicant with a majori-
ty of votes get appointed, and the
most number of votes get the longest
term. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klaner,
Kluesner, Kronfeldt.
Nays--Council Member Hammel.
Nominees for any Board or Commie-
sion: F.M. Heliert, Thomas H. Kerech.
BOARD OF APPEALS IBUILDING
CODE)
I Vacancy. Nominee: David
Theme; Council Member Beurskens
voted for Theme; Mayor Brady voted
for Theme; Council Member Deich
voted for Theme; Council Member
Hammel voted for Thorne; Council
Member Kinuer voted for Tbeme;
Council member Klneener voted for
Theme; Council Member Kronfeldt
voted for Theme. Therefore, David L.
Theme appointed to the Bd. of Ap-
peals (Building Code) for an unexpired
term to expire 12:31-82.
COMMUNITY DEVELOPMENT
COMMISSION
2 Vacancies I1 Target and 1 At
Large). Nominees: Robert Fisch; At
Large: Don Feldman, T. Paul
14
Special Session, January 11, 1982
Milbrandt, Edward H. Scott. Target
Vote: Council Member Beurskens
voted for Fisch; Mayor Brady voted
for Fisch; Council Member Deich
voted for Fisch~ Council Member Ham-
mel voted for Fisch; Council Member
Klauer voted for Fisch; Council
Member Kluesner voted for Fisch;
Council Member Kronfeldt voted for
Fisch. At Large vote: Council Member
Beurskens voted for Milhrandt; Mayor
Brady voted for Feldman; Council
Member Deich voted for Feldman;
Council Member Hammel voted for
Milbrandt; Council Member Klauer
voted for Feldman; Council Member
Kluesner voted for Milbrandt; Council
Member Kronfeldt voted for
Milbrandt. Therefore, Robert Fisch
appointed to the C.D. Commission as a
Target Member for a three year term
to expire 11-8-84 and T. Paul
Mllbrandt appointed as an At Large
Member for a three year term to expire
11-8-84.
DOCK COMMISSION
2 Vacancies (1 Unexpired Term to
Expire 11-26-83; I 3 Yr. Term to Ex-
pire 11-26-84) Nominees: Wm. Hilvers;
Michael P. Keegan, Victor J. Grice;
Tilden Palsean, Douglas L. Sharpe,
John J, Waltz; R.J. Sullivan, Jr. Vote:
Council Member Beurskens voted for
Grlce and Sharpe; Mayor Brady voted
for Grice and Waltz; Council Member
Deich voted for Grice and Waltz;
Council Member Hammal voted for
Grice and Sharpe; Council Member
Klauer voted for Grlce and Waltz;
Council Member Khiesner voted for
Grlce and Sharpe; Council Member
Kronfeldt voted for Grice and Waltz.
Therefore, Victor J. Grice appointed to
the Dock Board for a three year term
to expire 11-26-84 and John J. Waltz
appointed to the unexpired term to ex-
pire 11-26-83.
HOUSING CODE APPEALS
BOARD
1 Vacancy (3 yr. term to expire
1-11-84); Nominees: Dolores Johnson,
Patrick T. Marshall, Hugh Richard-
son, Ruth Nash. Council Member
Beurskens voted for Richardson;
Mayor Brady voted for Johnson;
Council Member Deich voted for Mar-
shaH; Council Hammel voted for
Johnson; Council Member Kinuer
voted for Marshall; Council Member
Khiesner voted for Johnson; Council
Member Kronfeldt voted for Johnson.
Therefore, Dolores Johnson appointed
to a 3 year term on the Housing Code
Appeals Board which will expire
1-11-85.
HUMAN RIGHTS COMMISSION
3 Vacancies (3 - 3 yr. terms to expire
1-11-85) Nominees: Don Feldman,
Merlin D. Hull, Byron Judge; Dean
Miller; Mark Pries; Nancy Wallace,
O.C. Wimley, Jr., F.M. Hellert,
Thomas H. Kersch. Council Member
Beurskens voted for Hull, Miller,
Pries; Mayor Brady voted for Hull,
Miller, Hellert, Council Member Deich
voted for Hull, Hellert, Kersch; Coun-
cil Member Hammel voted for Miller,
Pries~ Wallace; Council Member
Klauer voted for Faldman, Hull,
Hellert; Council Member Khiesner
voted for Miller, Pries, Wallace; Coun-
cil Member Kronfeldt voted for Miller,
Wallace, Pries. Therefore, Merlin D.
Hull, Dean A. Miller, and Mark Pries
appointed to a three year term on the
Human Rights Commission to expire
1-1-85.
LIBRARY BOARD
2 Vacancies (1 Unexpired term to ex-
)ire 7-1-83; I Unexpired Term to ex-
pire 7-1-85); Nominees: Marilyn
McDonald, A. John Peeetski, II,
Catherine M. Seite, Paul C. Thiltgen.
Council Member Beurskens voted for
Hellert, Kersch; Mayor Brady voted
for Peseteki and Seitz; Council
Member Deich voted for McDonald
and Seitz; Council Member Hammel
voted for McDonald and Peseteki;
Council Member Klauer voted for
Thiltgen and Seitz; Council"Member
Khieener voted for McDonald and
Thiltgen; Council Member Kronfeldt
voted for McDonald and Peeeteki.
Therefore Merilyn McDonald ap-
pointed to the unexpired term which
will expire 7-1-85.
Second Vote: Beurskens for Peset-
ski; Brady for Seitz; Deich for Seltz;
:Iammel for Pesetski; Klauer for Seitz;
Khiesner for Thiltgen; Kronfeldt for
Pesetski.
Third Vote: Beurskens for Pesetski;
Brady for Seltz; Delch for Seitz; Ham-
reel for Pesetski; Klauer for Seitz;
Kluesner for Seitz; Kronfeldt for
Thiltgen. Therefore, Catherine Seitz
appointed to an unexpired term which
will expire 7-1-83.
PLUMBING BOARD
1 Vacancy (3 yr. term to expire
11-02-84-Must be Master Plumber)
Nominees: Albert Bracket, Gerald P.
Swift. Council Member Beurskens
voted for Albert Bracket; Mayor
Brady voted for Bracket; Council
Member Delch for Bracket, Council
Member Hanunal for Bracket, Council
Member Klauer for Bracket, Council
Special Ses~on, January ll, 1982
15
Member Kluesner for Bracket; Council
Member Kronfeldt for Bracket.
Therefore, Albert Bracket appointed
to the Plumbing Bd. for a three year
term to expire 11-02-84.
ZONING BOARD OF ADJUST-
MENT
1 Vacancy (5 yr term to expire 9-1-85);
Nominees: Daniel H. Delaney; Wm.
Hilvers; Chad C. Leitch; Tilden Pol-
sean. Mr. Chad C. Leitch spoke to the
Council about his background and
knowledge that would help him if ap-
pointed to this Commission. Council
Member Beurskens voted for Leitch;
Mayor Brady voted for Leitch; Council
Member Deich voted for Hilvers;
Council Member Hammel voted for
Leitch; Council Member Klauer voted
for Hilvers; Council Member Klueener
voted for Leitch; Council Member
Kronfeldt voted for Leitch. Therefore,
Chad C. Leitch appointed to the Zon-
ing Board of Adjustment for a five
year term to expire 9-1-86.
Communication of City Mgr. regar-
ding Council Membership to outside
organizations, presented and read.
After discussion, the following
Council Members were selected to
serve on the various outside organiza-
tions:
Area Council of Governments
(ACOG)-All Council Member serve.
Area Chamber of Commerce -Conven-
tion and Visitors Bureau-Council
Member Beurskens chosen to serve;
Economic Development Council-
Council Member Hammel chosen to
serve. Dubuque Board of Health - All
Council Members serve. Dubuque
County- Municipal Defense Agency-
Mayor Brady chosen to serve. Dubu-
que Metropolitan Area Solid Waste
Disposal Agency-Council Members
Deich and Kluesner chosen to serve.
Dubuque Metropolitan Area
Transportation Study
(DMATS)-Council Member Deich
moved that the Mayor forward an ap-
propriate Resolution to DMATS to in-
corporate all Council Members.
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.
East Central Intergovernmental
Association (ECIA)- Council Member
Kronfeldt chosen to serve when vacan-
cy Occurs.
Northeast Iowa Crime Commission -
Council Member Delah chosen to
Operation: New View-Council
Members Klauer and Kronfeldt chosen
Dubuque In Future, Inc.- Council
Member Kluesner and Beurskens
RESOLUTION NO. 10-82
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
John Melaenburg d/b/a John's Super
Service 897 Central
Passed, adopted and approved this
llth 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 name ap-
pllcante a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Patrick Healy and Kenneth Melloy
1301 Rhomberg
Gomer's Inc. 1105 University
Philllp R. Love 481 Locust
Robert Spiegelhalter 2364 Washington
TFM Co. 1236 Iowa
Passed, adopted and approved this
11th day of January, 1982.
James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk ,
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Minutes Submitted: Historic Presep
vation Commission of 12-29, presented
and read.
Council Member Klauer moved that
the minutes be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
16
Special Session, January 11,1982
Ycas--Mayor Brady, Council Mem-
bers Beurskene, Deich, Hammel,
Klauer, Kinsener, Kronfeldt.
Nays--None.
Notices of Claims & Salts: Alphonse
Maiers, in est. amt. of $125 for auto
damages occuring at 2800 J.F.K. Rd.,
presented and read.
Council Member Klaner moved that
the claims be referred to the Corp.
Counsel for investigation and report.
Seconded by Council Member
Kranfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kineaner, Krunfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of List of Receipts and
Claims for month of November, 1981,
presented and read,
Councli Member Klauer moved that
the proof of publication be received
and filed. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Mgr. sub-
mitting response to questions asked
by Mr. Al Polse~n at Council Meeting
of Jan. 4, 1982, presented end read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Krunfeldt, Carried by the following
vote:
Yese--Mayor Brady, Council Mem-
bers Beurskene, Deich, Hammel,
Klauer, Klasener, Kronfeldt.
Nays--None,
There be'rog no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Beurskene. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beursksns, Dnich, Klauer,
Kluesner, Kranfeldt.
Nays--Council Member Hammel.
Mary A. Davis
City Clerk
By:
Ksrou M. Chseterman
Deputy City Clerk
Approved__ 1982
Adopted 1982
Mayor
Council Members
ATTEST:
City Clerk
Special Session, January 18, 1982
17
CITY COUNCIL
OFFICIAL
Special Session, January 18. 1982.
Council Met at 7:30 P.M., Public
Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
potation Counsel Barry A. Lindahl.
Invocation was given by Rev.
Robert Odden.
Proclamation(s): January 17-23,
1982 as "Youth Hockey Week".
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 construction of Resur-
rection Church Sanitary Sewer and ac-
ting upon such other business which
may properly come before the Council.
Proof of publication, certified to by
the Publisher, of Notice to Property
Owners for construction of Resurrec-
tion Church Sanitary Sewer, presented
and read.
There were no written objections
received and no oral objectors present
at the time set for the hearing.
Council Member Hammel moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kluesner. Carried by the following
VOte:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Krunfeldt.
Nays--None.
Attorney Leo McCarthy, on behalf
of Lestor Hilby and the estate of
Margaret Pfohl, stated he is in agree-
merit with Resurrection Church,
though there are no possible housing
development plans for the Pfohl pfc-
party at this time.
Attorney Michael Meiloy, on behalf
of Resurrection, stated that the sewer
is not working properly and they need
solution, so would like to see this
sewer installed.
Carl Burbach, 2409 LaVista Ct.,
stated that the sanitary sewer is need-
ed.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
Following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Pendency of
Resolution of Necessity for Public Im-
provements and Public Hearing for
construction of Resurrection Church
Sanitary Sewer and the Certificate of
the City Clerk certifying that notices
were mailed to known property owners
on December 30, 1981, presented and
read.
Council Member Klauer moved that
the proof of publication and certificate
of the Clerk be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Necessity For Improvement
RESOLUTION NO. 391-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que and are now on file in the office of
the City Clerk showing among other
things the plans, specifications, form
of contract, estimated cost and
preliminary plat and schedule showing
the amount proposed to be assessed
against each lot and the valuation of
each lot as fixed by the City Council,
for the Resurrection Church Sanitary
Sewer.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk objec-
tions to the resolution of necessity,
they shall be deemed to have waived
all objections pertaining to the
regularity of the proceeding and the
legality of using the special assess-
ment procedure.
Said improvements shall 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
assessed partially or totally against
privately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
18
Special Session, January 18, 1982
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be borne by the City wia be paid from
the Sanitary Sewer Construction
Fund, and speciai assessment bonds
may be issued in anticipation of defer-
red payments of assessments when a
contract has been performed and ac-
eepted, and the proceeds thereof used
to pay the contractor.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 21st day of
December, 1981.
Approved and placed on file for final
action.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by
the City Council this 18th day of
January, 1982.
James E. Brady
Mayor
CERTIFICATE OF CLERK
It is hereby certified that at the time
set for the final consideration of the
above resolution no remonstrance had
been filed with the Clerk signed by
owners subject et seventy-five percent
or more of the amount of the proposed
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 Mem-
bets Beurskens, Deich, Hammai,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Decision of Council Upon Objections
To Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 12-82
WHEREAS, proposed plans and
specifications and form of contract for
the Resurrection Church Sanitary
Sewer have been approved by the City
Council of the City of Dubuque and
public notice given as provided by the
Code of Iowa pertaining to public con-
tracts and bonds, and the time and
place fixed for the hearing of ail objec-
tions to said plans, specifications or
contract for or cost of such improve-
ments, said time being this 18th day of
January, 1982; and
WHEREAS, the City Council met in
special session this 18th day of
January, 1982, at 7:30 p.m. at the
Auditorium in the Library for the pur-
pose of hearing all interested parties
and considering any and all objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein
described and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to be
heard and ali objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that all objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER REsoLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
18th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beursklns. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 13-82
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a resolution of
necessity No. 391-81 which was duly
passed by this Council for the Resur-
rection Church Sanitary Sewer be and
the same are hereby ordered and con-
Special Session, January 18, 1982
19
structed by tMs Counc'd upon its own
motion and with or without the peti-
tion of property owners. All the work
shall be constructed in accordance
with theplans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of making
said improvement will be assessed par-
tlally or totally against privately own-
ed property lying within the assess-
ment limits, and in an amount not to
~xceed that provided by law, and in
proportion to the special benefits con-
ferred. The portion of the cost which
shah be borne by the City will be paid
from the Sanitary Sewer Construction
Fund, and special assessment bonds
may be issued in anticipation of defer-
red payments of assessments when a
contract has been performed and ac-
cepted and the proceeds thereof used
to pay the contractor.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four nor
more than twenty days prior to the
receipt of said proposals at 10:00
on the 5th day of February, 1982. Bids
shall be opened and read by the City
Clerk at said time and will be submit-
ted to the Council for final action at a
meeting to be held at the Public
Library Auditorium at 7:30 p.m. on
the 15th day of February, 1982.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
18th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the fonowlng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of P & Z approving
request of Powers Construction Com-
pany to rezone property located east
of J.F.K. Road between Foothill Road
and Fire Station from R-5 Residential
District to OR-1 Planned Unit
Development and reclassifying from
R-2, R-4, and R-5 Residential Districts
to R-3 Residential District, presented
and read.
Council Member Hammel 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, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
AN ORDINANCE Amending Zon-
ing Ordinance to reclassify property of
Powers Construction Co. from R-5
Multi-Family Residential District to
OR-1 Planned Unit Development
District, presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinanee. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayur Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel moved
that a Public Hearing be held on the
Ordinance on February 8, 1982 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk be instructed
to publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel.
Klauer, Kluesner. Kronfeldt.
Nays--None.
AN ORDINANCE Amending Zen-
ing Ordinance to reclassify property
located in Asbury Springs Sub. No. 4
from R-2, R-4 and R-5 District to R-3
20
Special Session, January 18, 1982
Multi-Family Residential District,
presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Klaeener, Kronfeldt.
Nays--None.
Council Member Hammel 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 Buerskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel moved
that a Public Hearing be held on the
Ordinance on February 8, 1982 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk be instructed
to publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Beurskenc. Car-
ried by the foilowlng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Klncsner, Kronfeldt.
Nays--None.
Communication of P & Z approving
proposed Zoning Map amendments as
requested by U.S. Industrial Chemical
Company located on Julien Dubuque
Drive, presented and read.
Council Member Deich moved that
the communication be received and
fried. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesncr, Kronfeldt.
Nays--None.
Communication of Attorney Randall
J. Nigg ~-egnrding the U.S. Industrial
Chemical Zoning matter, presented
and read.
Attorney Randy Nigg spoke to the
communication and requested Council
go ahead with this particular zoning at
this time.
AN ORDINANCE Amending Zon-
ing Ordinance to amend Zoning Map
with regard to a portion of property on
Jullen Dubuque Drive in the South
Sector of the territory inyoluntarily
annexed to the City of Dubuque to be
reclassified to "H-I Heavy Industrial
District", presented and read.
Council Member Deich moved that
this Ordinance be tabled until the time
that P & Z Commission comes forward
with recommendation for the re-
mainder of the South Julien Dubuque
Drive Industrial Corridor. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner.
Nays--Council Members Hammel,
Klauer, Kronfeldt.
Communication of City Manager
submitting Resolution providing for
the closing of the 17th Street Railroad
Crossing, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member HammeL Carried by the
renewing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesncr, Kronfeldt.
Nays--None.
RESOLUTION NO. 14-82
WHEREAS, the Chicago,
Milwaukee, St. Paul and Pacific
Railroad Company has requested the
closing of East Seventeenth Street
from the west property line of Pine
Street to the east property line of Pine
Street; and
WHEREAS, there is hereby submit-
ted, a plat showing the closed portion
of East Seventeenth Street marked
Exhibit "A"; and
WHEREAS, the City Council has
determined that this section of East
Seventeenth Street no longer be
quired to remain open to the public.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That said por~ion of East
Seventeenth Street from the west pro-
per~y line of Pine Street to the east pro-
perry line of Pine Street be and the
same is hereby closed to public use.
Section 2. That tbs City Clerk be and
is hereby authorized and directed to
record a certified copy of this Resolu-
tion in the office of the Dubuque Coun-
ty Recorder and the office of the Dubu,
que County Auditor.
Passed, approved and adopted this
Special Session, January 18, 1982
21
18th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
pertaining to street improvements for
the new Dubuque to Wisconsin
Bridge, presented and read.
Council Member Hammel moved
that this be referred to the Council
Work Session of January 21, 1982.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Thermolyne Corp. re-
questing vacation of certain pieces of
property described as Lot 2A, 2B and
2C, Block 9 Riverfront Subd. No. 3,
presented end read.
Council Member Klauer moved that
the petition be received and filed and
referred to the City Mgr. for a report
back to Council. Seconded by Council
Member Beurskenc. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting communications regarding
the proposed designation of an Old
Main Street Historic Preservation
District, presented and read.
Mr. Tom Reilly, of the Historic
Preservation Commission, requested
that the Council act favorably on this
designation.
Mr. Bob McCoy, a representative
businessman of the lower Main Street
~rea, stated that the residents are anx-
ious to have this acted upon as soon as
possible.
Council Member Klauer moved that
the communication be received and
flied and that Staff be directed to sub-
mit this to the Iowa State Historic
Dept. of Division of Historic Preserva-
tion. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Klauer, Kluesner, Kronfeldt.
Nays--None,
Petition of Allan Israel requesting
amount paid for the option agreement
regarding the development of Section
8 Housing for families on city-owned
property on Pennsylvania Avenue be
refunded to him in the amount of
$3,500, presented and read.
Council Member Beurskens moved
that the petition be received and filed
and the money refunded. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
transmitting FY 83-87 Capital Im-
provement Program, presented and
read.
Council Member Klancr moved that
the communication be received and
filed and referred to the Council
Budget Work Session, Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of William Wood-
ward submitting resignation from
Dock Commission effective Monday,
January 18, 1982, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed and accepted with regret and
gratitude. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Klancr moved that
the Clerk should post notice of the
vacancy on the Dock Commission for
receipt of applicant(s) in thirty days.
Seconded by Council Member Deich.
Carried by the foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Kronfeldt.
Nays--Council Members Hammel
and Kluesner.
Special Session, January 18, 1982
Petition of Dale A. Nederhoff, re-
questing reappnintment as represen-
tative for the City Council on the Nor-
theast Iowa Criminal Justice Council
presented and read.
Council Member Hammel moved
that the petition of Mr. Nederhaff be
received and filed and that he be ap-
proved as the Alternate Member.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Klueener, Kronfeldt.
Nays--None,
RESOLUTION NO. 15-82
WHEREAS, Application for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE, BE IT 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 Beer Permit.
CLASS "B" BEER PERMIT
J.F.K. Fast Foods, Inc. 2075 J.F.K.
(Also Sunday Sales)
Passed, adopted and approved this
18th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved that
the Resolution be adopted. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Boorskens, Deich, Hammal,
Klauer, Kluesner, Kronfaldt.
Nays--None.
RESOLUTION NO. 16-82
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-
ilicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Sincere Enterprises, Inc. 2600 Dodge
Passed, adopted and approved this
18th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, HammeI,
Klauer, Kinesner, Kronfaldt.
Nays--None.
Minutes Submitted: Transit Bd. of
12-10, P & Z of 1-6, Park Bd. of~.12-11,
Electrical Examining Bd. of 1-12,
presented and read.
Council Member Dalch moved that
the minutes be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas-Mayor Brady, Council Mem-
bers Beurekens, Dalch, Hammal,
Klauer, Kluesner, Kronfaldt.
Nays--None,
Notices of Claims - Gary T. Brown,
in unknown amount for personal in-
juries received in parking lot located
at 12th and Central; Donald G.
Cavanaugh, in est. amount of $39.22
for tire and rim damages; Carl Tropf,
in unknown amt. for personal injuries,
~resented and read,
Council Member Deich moved that
the claims be referred to the Corpora-
tion Counsel for investigation and
report. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfaldt.
Nays--None.
Refunds Requested: Gary Steward,
$50 on unexpired Cigarette License,
presented and read.
Council Member Daich moved that
the refund be approved and Finance
Special Session, January 18, 1982
23
Director to issue proper check.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of HUD advising of
City of Dubuque has complied with ap-
plicable program regulations,
presented and read.
Council Member Dalch moved that
the communication be received and
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, Deich, Hammel,
Klauer, Kinesner. Kronfeldt.
Nays--None.
Communication of Counsel for
KDUB-TV, Inc., submitting "Opposi-
tion to Petition for Reconsideration"
and "Opposition to Motion to Stay" in
the matter of KDUB-TV, Inc. petition
for waiver of Section 76.92(g) of the
Commissions Rules, presented and
read.
Council Member Deich moved that
the communication be referred to the
City Mgr. Seconded by Council
Member Klauer. Carried by the follow*
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfaldt.
Nays--None.
Communicatlon of Mrs. Allan
Schubert objecting to high taxes and
no bus service being provided for pro-
perty at 1410 Tower Drive, presented
and read.
Council Member Deich moved that
the communication be referred to the
City Mgr, Seconded by Council
Member Klausr. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, HammeI,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Clair A. Wood-
man requesting removal of barricade
near his property located at 2560 Elm
Street, presented and read.
Council Member Dalch moved that
this matter be referred to the City
Mgr. with response by Feb. 1, 1982, if
possible. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--May°r Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kinecner, Kronfaldt.
Nays--None.
Communication of Iowa DEQ re-
questing comments on proposal to ex-
pand the applicability of an existing
state rule on open burning, presented
and read.
Council Member Deicli moved that
the communication be received and
filed and referred to the Council.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurshans, Daich, Hammal,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
transmitting FY 81 Audits; Com-
munication of Finance Director
transmitting Finance Report for year
ending June 30, 1981, presented and
read.
Council Member Deich moved that
these communications be received and
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mere~
hers Beurskens, Deich, Hammal,
Klaoor, Kinesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammal,
Klauer, Kinesner, Kronfaldt.
Mary A. Davis
City Clerk
Approved. .1982
Adopted .1982
Mayor
Council Members
A~I~I~E ST:
CiW Clerk
24
Special Session, January 25, 1982
CITY COUNCIL
OFFICIAL
Special Session, January 25, 1982.
Council Met at 7:30 P.M. (C.S.T.I,
Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Delch, Hammci,
Klaner, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Car-
poration Counsel Barry A. Lindahl.
Invocation was given by Rev. Mark
Pries of Holy Trinity Church, 1755
Delhi.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to consider a Reeelu-
tion. Authorizing Execution of an
~u~,e~ment between the City of Dubu-
and the Iowa. D.O.T. relating to
the' improvement of Central Ave. at
14th St., White St. at 14th St., Locust
St. at 4th St. and White St. at 20th St.
and acting upon such other business
which may properly come before the
Council.
RESOLUTION NO. 17-82
Resolution Authorizing Execution of
an Agreement between the City of
Dubuque, Iowa, and the Iowa Depart*
meat of Transportation Relating to
the Improvement of Central Avenue
at Fourteenth Street, Vfhlte Street at
Fourteenth Street, Locust Street at
Fourth Street and White Street at
Twentieth Street.
WHEREAS, the City of Dubuque is
proposing traffic signal and radius im-
provements to the intersections of
Central Avenue at Fourteenth Street,
White Street at Fourteenth Street,
Locust Street at Fourth Street and
White Street at Twentieth Street; and
WHEREAS, said intersections are
all located on State of Iowa primary
road extensions; and
WHEREAS, the State of Iowa has
made funds available for traffic ira-
provemente in the amount of fifty per-
cent on such primary road extensions.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the attached agree-
ment number 81.Lr~41 with the Iowa
Department of Transportation is
hereby appmved~
Section 2. That the Mayor and City ~
Clerk be and they are hereby authoriz-
ed and directed to execute both copies
of said agreement for and on behalf of
the City Council
Passed, approved and adopted this
25th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Cbesterman
Deputy City Clerk
Council Member Hammci moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting resolution authorizing the
Mayor to execute an Agreement with
the IDOT Right of Way Assurance
Statement for Federal Aid Projects,
presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Hammel. Carried by the fo~llowing
Yeas--MaYor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfcidt.
Nays--None.
RESOLUTION NO. 18-82
Authorizing the Mayor to Execute an
Agreement with the Iowa Department
of Transportation on Right of Way
Assurance Statement for Federal Aid
Projects.
WHEREAS, the Iowa Department
of Transportation has requested the
City to execute an agreement
stipulating that the City will comply
with the 1970 Uniform Relocation
Assistance and Land Acquisitions
Policies Act on Federal aid transporta-
tion projects; and
WHEREAS, such a statement must
be on file with the Iowa Department of
Transportation in order for the City to
be in compliance with Federal aid pr~-
jecte for transportation purposes.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section L That the Mayor be
authorized to exeoute an Assurance
Agreement with the lowa Department
of T~znsportation sHpulating that the
Special Session, January 25,1982
City of Dubuque will comply with
Federal regulations r~lative w the ac-
quisition of property for transports.
tiaa purposes, for which Federal funds
are inoolve~
Passed, adopted and approved this
25th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Klaner moved
adoption of the Resohition~ Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskane, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
Nays--None,
A RESOLUTION submitted by
Council Member Klauer, Establishing
1983 as the Dubuque Sesquicentennial
and establishing a sesquicentennial
committee to coordinate activities,
presented and read.
Council Member Klauer moved that
the Resolution be tabled until the Feb.
1, 1982 meeting. Seconded by Councfl~
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayer Brady, Council Mem-
bors Beurskens, Dalch, Hammal,
Klauer, Kluesner, Kranfeldt.
Nays--None.
Council Member Hammal moved to
suspend the rules to let anyone ad-
dress the Council if they so desire.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Dalch, Hammel,
Klauer, Khiesner, Kronioldt.
Nays--None.
Communication of Mrs, Sue Jareeh,
Market Participant, petitioning that
the Annual Permit Fee for the
Farmer's Market be raised from the
present $15 to $20 with the additional
$5 earmarked for the promotion of the
Market, presented and read.
Mrs, Jaroeh spoke to the com-
munication submitting various
statistics relative to the promotion of
the Market and requested the Council
approve the additional fee.
Council Member Hammel moved
that this matter be referred to the City
Mgr. and that the Ordinance be
amended to show the fee change and to
come back at the Council Meeting of
Feb. 8, 1982. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Daleh, Hammel,
Klauer, Kluesnar, Kronfeldt.
Nays--None.
Communication of Char Biodgett,
Lucy Ladybug, as a participant of the
Market, objecting to possible increase
in permit fee for the Farmer's Market,
stressing adequate promotion of this
event, presented and read.
Council Member Hammci moved to
receive and file the Communication.
Seconded by Council Member Bcur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deicli, Hammel,
Klauer, Khieenar, Kronfeldt.
Nays--None.
Communication of Lowell R. Davis
requesting review of speed limit on
Shires Avenue and more police patrol
because of bothersome violation of
speed limit and noise ordinance and
consideration of closing the back gate
at Eagle Point Park at 8:00 p.m. to aid
in a more peaceful neighborhood set-
ting, presented and read.
Council Member Deioh moved that
this matter be referred to the City
Mgr. and Park Board and to come
back at a future meeting. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Council Member
Donald Dalch requesting considera-
tion of "Alternate Side of the Street
Parking", presented and read.
After discussion, Council Member
Deich moved that this matter be refer~
red to the Council, City Mgr. and
Street Dept. Mgr. for study. Seconded
by Council Member Kleuer.
Council Member Beurskens moved
to amend the motion to include referr-
ing this matter to a Work Session
scheduled for January 26, 1982 at 7:00
p.m. in the Council Chambers at City
Hall. Seconded by Council Member
Klauer. Motions carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Kinesnar led a
discussion on the Dept. of En-
vironmental Quality Open Burning
Special Session, January 25, 1982
Public Hearing with the recommenda-
tion for a Council response. Council
Member Kluesner read a draft letter to
the DEQ, which recommends keeping
control of the open burning regula-
tions at the local level.
Council Member Hammel moved to
submit that letter to the DEQ, signed
by ail the Council Members. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 19-82
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE, BE IT
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Perndt.
CLASS "C' BEER PERMIT
TFM Co., Oky Doky 9 51 W. 32nd
(Also Sunday Salesl
Passed, adopted and approved this
25th day of January, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Hammcl moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammcl,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 20-82
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 Ordinancec
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-
~licants a Liquor License.
CLASS "B' (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
inn's of Iowa, Ltd. 3434 Dodge
(Also Sunday Sales)
CLASS "C" ICOMMERCIAL)
BEER AND LIQUOR LICENSE
Westside Enterprises, Inc.
1800 Radford Road
(Also Sunday Sales)
Passed, adopted and approved this
25th day of January, 1982.
James E, Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Hannnel moved
adoptlon of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Housing
Code Advlsory and. Appeals Bd. of
1-13-82; Park Bd. of 1-8-82; Transit
Earnings Statement & Statistics for
12-81; Cable Regulatory Comm. of
1-13-82, presented and read.
Council Member Deich moved that
the minutes be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dnich, Hammel,
Ktauer, Kluesner, Kronfcldt.
Nays--None.
Communication of Corp. Counsel
Barry A. Lindahl pertaining to the
petition of Attorney Dennis Naughton
on behnif of Mr. and Mrs. David Har-
tig, Jr. et al, presented and read.
Council Member Deich moved that
the communication be received and
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS & SUITS:
Special Session, January 25, 1982
Sisters of the Presentation - Sr. Mary
Roger Moss, in undetermined amt. for
tire damages; Mrs. Joy A. Snias, in
amt. of $252.19 for tire and rim
damages; Sally Hentges, in amt. of
$50.21 for tire damages Merle R.
Gaber in amt. of $104.62 for vehicle
damage; Lorl R. Rieder, in amt. of
$89.22 for vehicle damages, presented
and read.
Council Member Deich moved that
the claims and suits be referred to the
Corp. Counsel for investigation and
report. Seconded by Council Member
Klauer. Carried by the renewing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfcldt.
Nays--None.
Printed Council Proceedings for
month of November, 1981, presented
for approval.
Council Member Deich moved that
the proceedings be approved as
printed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
John Lewis, 3448 Crestwood, as the
Gem Chariman of the Square and
Round Dance Convention, which is be-
ing held at Five Flags on March 26th
and 27th, 1982, requested that the
City waive the "Hold Harmless"
clause necessary for the organization's
members recreational vehicles to use
the empty lot across from Five Flags.
Mr. Lewis state he would be willing to
have ail the individuals using the lot
sign the agreement but he could not
sign on behalf of the organization.
Council Member Beurskens moved
that this matter be referred to the
Legal Staff for response. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Doich, Hammcl,
Klauer, Kluesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Beurskens moved to
adjourn the Regular Session. Second-
ed by Council Member Hammel. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
By:
Karen M. Chestorman
Deputy City Clerk
Approved____1982
Adopted __1982
Mayor
Council Members
ATTEST:
City Clerk