1982 March Council Proceedings66 Special Session, February 25, 1982 Regular Session, March 1, 1982 67
Council Members
ATTEST:
City Clerk
CITY COUNCIL
OFFICIAL
Regular Session, March 1, J. 982.
Council Met at 7:30 p.m., Council
Chambers, City Hall.
No members of the Council being
present, Meeting was adjourned sub-
ject to Call.
Mary A. Davis
City Clerk
Approved 1982
Adopted __1982
Mayor
Council Members
ATTEST:
City Clerk
68 Regular Adjourned Session
CITY COUNCIL
OFFICIAL
Regular Adjourned Session, March
8, 1982.
Council Met at 7:30 p.m. Public
Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt. City
Manager W. Kenneth Gearhart, Cot-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the Ad-
journed Session of the Regular Session
of March 1, 1982 called for the purpose
to act upon such business which may
properly come before the Council.
Invocation was given by Rev. John
Brooks, Immanuel United Church of
Christ.
PROCLAMATIONS: March 7th
thru 13th as "Women's History
Week" received by Carolyn Farrell;
March 20th as "Shamrocks for
Dystrophy Day" received by John
Peterson; Month of March as "Mental
Retardation Month" received by W.L.
Schmeichel; April 18th-25th as "Days
of Remembrance of the Victims of the
Holocaust"; Year of 1982 as "Keep the
Light Burning in Dubuque" received
by Brian Sutherland.
Mayor Brady presented the "Eddy
Award" to Tri-State Square and
Round Dancing Group.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Hummel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing on the Intention to issue In-
dustrial Development Revenue Bonds
(Thermolyne Corporation Project),
presented and read.
There were no written objections
received and no oral objectors present
at the time of the Hearing.
Council Member Kluesner moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
March 8, 1982
Yeas--Mayor Brady, Council Mere'
~ers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 48-82
Public Hearing and Resolution Ap-
proving Proceeding with the Issuance
and Sale of Not to Exceed $3,200,000
Aggregate Principal Amount of In-
dustrial Development Revenue Bonds
(Thermdiyne Corporation Project) of
the City of Dubuque. Iowa,
WHEREAS, the City of Dubuque, a
municipal corporation duly organized
and existing under and by virtue of the
Constitution and laws of the State of
Iowa (the "City"), is authorized by
Chapter 419 of t,h,e Iowa Code. as
amended (the "Act ), to issue revenue
bonds for the purpose of defraying ,the
cost of acquiring, constructing, lm-
)roving and equipping buildings and
improvements suitable for use as an
office and manufacturing facility, and
to loan the proceeds from the sale of
such revenue bonds, pursuant to a
loan agreement, to Thermolyne Cor-
poration, an Iowa corpor,~tion
Ihereinafter referred to as the Com-
pany''), to be used for the aforesaid
purposes; and
WHEREAS. the City has determin-
ed there is a public need in the City
and its surrounding environs for ex-
rending existing industrial facilities
as proposed by the Company; and
WHEREAS, a notice of hearing on
the proposal to issue not to exceed
$3.200,000 aggregate principal
amount of Industrial Development
Revenue Bonds (Thermolyne Corpora-
tion Project), of the City of Dubuque,
Iowa (the "Bonds"), has been publish-
ed as required by law; and
WHEREAS, a public hearing has
been held at the time and place as
specified in said notice of hearing and
any and all objections or other com-
ments relating to such Bonds have
been heard and it is deemed to be in
the best interests of the City of Dubu-
[ que, Iowa, that said Bonds be issued
as proposed; and
NOW, THEREFORE, Be It Resolv-
ed by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. That it is hereby determin-
ed that it is necessary and advisable
that the City proceed with the issuance
of the bonds in an amount not to ex-
ceed $3,200,000, as authorized and pe~
mittod by the Act, and to loan the pro-
eeeds of the sale of the Bonds to the
Company, all upon terms and condi-
tions mutually satisfactory to the City
and the Company.
Regular Adjourned Session, March 8, 1982 69
Section 2. That at the public hearing
conducted by this Counei~ pursuant to
published notice, all persons who ap-
peared were given an opportunity to
express their views for or against the
proposal to issue said Bonds and it is
hereby determined that any and all ob-
jections to the issuance of the said
Bonds, are hereby overruled.
Section 3. That this Council shall
proceed with the necessary pro-
ceedings relating to the issuance of
said Bonds upon reasonable advance
notice from the Company that saris fac-
tory financing terms have been agreed
upon with the proposed purchasers
and the required documentation has
been prepared by Bond Counse~ and
approved by all other parties, in-
eluding the City Attorney of said City.
Section 4. That said Bonds, if issued,
and the interest thereon, will be
payable solely out of the revenues
derived from the financing of said Pro-
ject and shah never constitute an in-
debtodness of the City of Dubuque,
Iowa, within the meaning of any state
constitutional provision, or statutory
limitation, and shall not constitute nor
give rise to a pecuniary liability of sald
City of Dubuque, Iowa, or a charge
against its general credit or taxing
powers.
Section 5. All Resolutions and
Orders or parts thereof, in conflict
herewith are, to the extent of such con-
flict, hereby repealed and this Resolu-
tion shall be in full force and effect im-
mediately upon its adoption.
Adopted and approved this 8th day
of March, 1982.
City of Dubuque, Iowa
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk (Seal)
Council Member Kluesner 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, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to reclassify property located
at 442-444 and 426-428 W. 5th Street
from R.3 to OR-1 District Classifica-
tions as requested by Fischer Invest-
ment Co., presented and read.
There were no written obejections
received and no oral objectors present
at the time set for the Hearing.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Kluesner.
Nays--Council Members Klauer,
Kronfeldt.
Abstain--Council Member Hummel.
ORDINANCE NO. 9-82
AN ORDINANCE AMENDING
ZONING ORDINANCE BY
RECLASSIFYING PROPERTY AT
442-444 AND 426-428 WEST FIFTH
ST. FROM R.3 MULTI-FAMILY
RESIDENTIAL DISTRICT
CLASSIFICATION TO OR-1 OF-
FICE RESIDENTIAL DISTRICT
CLASSIFICATION, said Ordinance
having been presented and read at the
Council Meeting of February 15, 1982,
presented for final adoption.
ORDINANCE NO. 9-82
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED PRO-
PERTY AT 442-444 AND 426-428
WEST FIFTH STREET FROM R-3
MULTI-FAMILY RESIDENTIAL
DISTRICT CLASSIFICATION TO
OR-1 OFFICE RESIDENTIAL
DISTRICT CLASSIFICATION.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of O~
dinances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning O~
dinanee and Zoning Map of the City of
Dubuque, Iowa", to reclassify
hereinafter described proper~y from
"R-3 Multi-Family Residential
District"classification to "OR-1 Office
Residential District classification, to
wit:
The West 10Z5 feet- West 170 feet
City Lot 614 and the East 62.5 feet-
West 170 feet of City Lot 614 in the
City of Dubuque, Iowa.
Section 2. That the foregoing amend-
ments has heretofore been approved by
7O
Regular Adjourned Session, March 8, 1982
the Planning and Zoning Commission
of the City of Dubuque, Iowa.
Paesed, adopted and approved this
8th day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
March 1982.
I t 3/12
Council Member Deich moved final
adoption of the Ordinance. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deicb, Kfuesner.
Nays--Council Members Klauer,
Kronfeldt.
Abstain--Council Member Hammel.
Communication of City Manager
submitting Resolution providing for
an amendment to Lease and Agree-
ment between Dock Commlssloners
and Dubuque Dock Co., presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfuldt.
Nays--None.
RESOLUTION NO. 49-82
WHEREAS, the City of Dubuque,
Iowa through its Board of Dock Com-
missioners and DUBUQUE DOCK
CO. have entered into an Amendment
to Lease and Agreement amending one
certain Lease and Agreement, dated
February 11, 1963, covering a tract of
real estate owned by the City of Dubu-
que, Iowa, copy of which Amendment
to lease is hereto attached; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has exmnined
said Amendment to Lease and Agree-
ment and approved the same;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Amendment to
Lease and Amendment by and bet-
ween the City of Dubuque, lowa by
and through its Board of Dock Com-
missioners and the Dubuque Dock Co.,
amending one certain Lease and
Agreement, dated February 11, 1963,
be and the same is hereby approved.
Section 2. That the City Clerk be and
is hereby authorized and directed to
publish notice of said Amendment to
Lease and Agreement as is by law
qulred.
Passed, approved and adopted this
8th day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution, setting
Hearing for March 22, 1982 at the
Public Library Auditorium. Seconded
by Council Member Klauer. Carried by
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Rick J. Schmitz,
Mgr. of Warehouse Market, regarding
item pricing law when you have a com-
~uterlzed scanning check-out,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Delch. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mr. Rick Schmltz spoke to the com-
munlcation suggesting proposal to
strike present Ordinance from the
books and let customers do the item
i if they so desire, thus saving
and passing that savings onto the
Mr. Greg Daugherty of Save-U-
More stated that a greater level of ac-
curacy is available thru the scanning
system and that a greased pencil
would be available to the customer so
that they can make their own prices if
they so wish, for comparision sake.
Communication of Dubuque Area
United Labor Participation Commit-
tee expressing support of the City Or-
dinance for Unit Pricing Code,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Regular Adjourned Session, March 8, 1982
71
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Pat Dillon, of Local 94, UAW, stated
that though their organization is not
against scanning system that they feel
that shelf-pricing is inadequate and in-
accurate, and recommended a public
hearing on this matter.
Walter Pregler objected to grease
pencil marking as there is more margin
for error and requested that Ordinance
be kept as it is.
Council Member Klauer moved that
they bring this matter to a Public
Hearing on April 5th, to repeal or
amend Chapter 24-9. Seconded by
Council Member Beurskens. Vote on
the motion was as follows:
Yeas--Council Members Klauer,
Beurskens.
Nays--Mayor Brady, Council Mem-
bers Delch, Hammel, Kluesner,
Kronfeldt.
MOTION FAILED.
Petition of Attorney Francis
Henkels requesting to address the
Council regarding the terms and condi-
tions of the lease between the City and
Dubuque Marina, presented and read.
Attorney Henkels spoke to the peri-
tion, requesting direction on this mat-
ter.
Council Member Hammel moved
that the petition be received and filed.
Seconded by Council Member
Kfuesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Ktuesner, Kronfeldt.
Nays--None.
Council Member Deich moved to
refer this matter to the City Staff,
Dock Comm. and Legal Dept. Second-
ed by Council Member Klauer. No vote
was taken on the motion.
Council Member Kluesner moved to
amend the motion to table this and
refer until Council makes necessary
appointments to the Commission.
Seconded by Council Member Ham-
mel. Carried by the following vote:
Yeas--Council Members Beurskens
Deich, Hammel, Kluesner.
Nays--Mayor Brady, Council Mem-
bers Klauer, Kronfeldt.
Communication ~f City Mgr. re-
questing Mayor be authorized to ex-
ecute an agreement with UMTA for
funds from same for operations of
Keyline, presented and read.
Council Member Klauer moved that
the communication be received and
filed and Mayor authorized to execute.
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.
Proof of publication, certified to by
the Publisher, of Notice to Contractors
of the Receipt of Proposals for the con-
struction of Cedar Cross Road, Cres-
cent Ridge and Crescent Court Water
Main Extension, AND Communica-
tion of City Mgr. recommending awar-
ding contract for same to W.C.
Stewart Construction Co., 25.6%
under estimated amt., presented and
read.
Council Member Hammel moved
that the proof of publication and com-
munication be received and filed.
Seconded by Council Member
Kroufeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 50-82
WHEREAS, sealed proposals have
been submitted by contractors for the
:onstruction of Cedar Cross Road,
Crescent Ridge and Crescent Court
Water Main Extension pursuant to
Resolution No. 34-82 and notice to bid-
ders published in a newspaper publish-
ed in said City on February 19, 1989,
and
WHEREAS, said sealed proposals
were opened and read on March 3,
1982, and it has been determined that
the bid of W.C. Stewart Construction,
Incorporated in the amount of
$259,902.75 was the lowest bid for the
furnishing and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above-
mentioned improvement be awarded
to W.C. Stewart Construction, Incor-
porated and the Manager be and is
hereby directed to execute a contract
on behalf of the City of Dubuque for
the complete performance of the work.
BE IT FURTHER RESOLVED:
72
Regular Adjourned Session, March 8,1982
That upon the signing of said con-
tract and the approval of the contra?
tore bond, the City Treasurer
authorized and instructed to return
the bid deposits of the unsuccessful
bidders.
Passed and adopted this 8th day of
March, 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 following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Mgr. sub-
mitting a Resolution providing for the
adoption of Supplement No. 11 to the
code of Ordinances, presented and
read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich,
Kiauer, Khiesner. Kronfeldt.
Nays--None.
RESOLUTION NO. 51-82
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 11 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa, up to and through
September 21, 1981, printed by the
Municipal Code Corporation,
Tallahassee, Florida, hereto filed in the
office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Passed, approved and adopted, this
8th day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfledt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, IIammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of City Mgr. re-
questing authorization to enter into an
agreement with IIelle, Klosterman &
Co. to perform the annual City audits
for the Fiscal Year ending June 30,
1982, presented and read.
Council Member Beurskens moved
Adopting Supplement Number 11 to that the communication be received
the Code of Ordinances of the City of ahd filed and approve the agreement
and Manager be authorized to execute.
Dubuque, Iowa.
WHEREAS, under date of
November 16, 1981, the City Council,
pursuant to Ordinance 63-81,
readopted the Code of Ordinances of
the City of Dubuque for ordinances
adopted up to and inchiding March 10,
1981; and
WHEREAS, since March 10, 1981,
the City Council of Dubuque, Iowa,
has adopted certain ordinances amen-
ding the Code of Ordinances and said
amendments have been printed as sup-
plements to the Code of Ordinances:
and
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plements, by resolution, become part
of the Code of Ordinances.
NOW, TIIEREFORE, BE IT RE-
SOLVED BY TIlE CITY COUNCIL
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer. Kluesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending Code
of Ordinances by enacting new sec-
~ions to Section 9V~ providing for the
establishment of the Dock Board, in-
creasing membership from three
members to five members, said Or-
dinance having been presented and
read at the Council Meeting of Feb. 22,
1982, presented and read.
Council Member Hammel moved
that this reading be considered the s~-
cond reading of the Ordinance.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
Regular Adjourned Session, March 8, 1982
hers Beurskens. Delch, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Communication of Victor Grice sub-
mit ting his resignation from the Board
of Dock Commissioners effective Feb.
26, 1982, presented and read.
Council Member Deich moved that
the communication be received and
filed and the resignation accepted.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Ktuesner, Kronfeldt.
Nays--None.
Council Member Ham~nel moved
that they table the appointments to
the Dock Commission. Seconded by
Council Member Kronfeldt. Vote on
the motion was as follows:
Yeas--Council Members IIammel,
Khiesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Deich, Klauer, Beurskens.
MOTION FAILED.
There presently being two vacancies
on the current Dock Board, upon
discussion it was decided to take a
vote to fill same.
Applicants: F. M. Hellert, Thomas
II. Kersch, Marian G. Bissell, William
Bhim, Robert W. Borley, Allen J.
Gourley. Wm. Nllvers. Michael P.
Keegan, Donald H. Lochner, Tilden
Polsean, Douglas L. Sharpe, Robert
W. Smith, R.J. Sullivan. Rose Marie
Montgomery, Don McMullen.
Council Member Beurskens voted
for Bissell and Bhim; Mayor Brady
voted for Blum, Hellert; Council
Member Deich voted for Bissell and
Blum; Council Member IIammel voted
for Bissell and Blum; Council Member
Klauer voted for Bissell and Bhim;
Council Member Kluesner voted for
Bissell and Blum; Council Member
Kronfeldt voted for Blum and
Lochner.
Therefore, Marian G. Bissell ap-
pointed to an unexpired term on the
Dock Board, which term will expire
11-26-82 AND William Bhim
pointed to an unexpired term on the
Dock Board, which term will expire
11-26-84.
Donald Lochner, Rose Marie Mont-
gomery and Titden Polsean introduced
themselves and addressed the Council
relative to their application for the
Dock Board.
Council Member Kronfeldt moved
that they reconsider the motion given
73
for the second reading of the Or-
dinance. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Khiesner,
Kronfeldt, Beurskens.
Nays--Council Member Klauer.
ORDINANCE NO. 10.82
AN ORDINANCE AMENDING
CODE OF ORDINANCES BY ENAC-
TING NEW SECTIONS TO SEC-
TION 9¥~ PROVIDING FOR THE
ESTABLISHMENT OF THE DOCK
BOARD, INCREASING MEMBER-
SHIP FROM THREE MEMBERS TO
FIVE MEMBERS, presented and
read.
Council Member IIammel moved
that this reading be considered the
~]rst reading of the Ordinance. Second-
ed by Council Member Kronfeldt. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt.
Nays--Council Member Klauer.
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 Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Hammel, Kluesner,
Kronfeldt.
Nays--Council Member Ktauer.
ORDINANCE NO. 10-82
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY INCREASING THE DOCK
BOARD FROM THREE (3) TO
FIVE (5) MEMBERS; BY DELET-
lNG SECTION 9 1/2-32(c) RELAT-
ING TO THE TERMS OF THE
MEMBERS OF THE DOCK
BOARD AND ENACTING A NEW
SECTION 9 1/2-32(¢) PROVIDING
FOR THE TERMS OF THE MEM-
BERS OF THE DOCK BOARD;
BY ENACTING A NEW SECTION
9 1/2-32(e)(4) PROVIDING FOR
THE QUORUM OF THE DOCK
]~OARD FOR THE TRANSAC-
TION OF BUSINESS; AND BY
DELETING SECTION 9 1/2-32(g)
RELATING TO THE OFFICE
AND RECORDS OF THE DOCK
BOARD AND ENACTING A NEW
SECTION 9 1/2-32(g) PROVIDING
FOR THE OFFICE AND REC-
ORDS OF THE DOCK BOARD.
74
Regular Adjourned Session, March 8, 1982
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nance~ of the City of Dubuque, Iowa
be amended by deleting from Section 9
1/2-32(a) the word "three (3)" and sub-
stituting in lieu thereof the word "five
(5)".
Section 2. That the Code of Ordi-
nance~ of the City of Dubuque, Iowa
be amended by deleting Section 9
32(c) therefrom and enacting a new
Section 9 1/2-32(c) in lieu thereof
follows:
"Sec:'9 1/2-32(c). TERMS. One of
the iditi~ appointments shall be for
a term expiring November 26, 1982,
two of the initial appointmentz shall
be for term~ expiring November 26,
1~3, and two of the appointments
shall be for terms expiring November
26, 1904. Threafter, the appointment
shall be for a three (3) year term or
until a succeasor ha been appointed
and qualified."
8~etion 5. That the Code of Ordl-
nancee of the City of Dubuque, Iowa
be amended by adding to Secion 9 1/2-
32(e) the following:
"Sec. 9 1/2-32(e).
(4) QUORUM. Majority Vote
Required for Action by Board.
Three (3) members of the Dock
Board shall constitute a quorum for
the transaction of buzlnem. Ali action
of the Board shali be by R~olution
and the affirmative vote of at le~t
three (3) members shall be nece~ary
for the adoption of any Re~ointion."
8e~ion 4. That the Code of Ordi.
nanc~ of the City of Dubuque, Iowa
be amended by deleting Section 9 1/2-
32(g) and enacting a new Section 9
1/2-32(g) in lieu thereof ~ follows:
"Sec. 9 1/2-32(g). OFFICE; REC-
ORDS. The Board shall maintain an
office in the city and k~ep a record of
all its proceedings and actions. All
resolutions, documents and records of
thd Board shall be governed by the
Iowa Examination of Public Records
Passed, approved and adopted, this
8th day of March 19~2.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
March, 1982. Mary A. Davis
It 3/12 City Clerk
Council Member Hammel moved
iinal adoption of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klaner.
Upon discussion, it was decided to
take a vote to fill the newly created
terms on the Dock Board.
Applicants: F.M. Hcilert, Thomas
H. Kersch, Robert W. Borley, Allen J.
Gourley, Wm. Hilvers, Michael P.
Keegan, Donald H. Lochner, Tilden
Polsean, Douglas L. Sharpe, Robert
W. Smith, R.J. Sullivan, Rose Marie
Montgomery, Don McMullen.
First Vote: Council Member Beur-
skens voted for Keegan and Sharpe;
Mayor Brady voted for Montgomery
and Heliert; Council Member Deich
voted for Sullivan and Hlivers; Council
Member Hammel voted for Keegan
and Montgomery; Council Member
Klauer voted for Montgomery and
Hilvers; Council Member Kluesner
voted for Keegan and Sullivan; Coun-
cil Member Kronfeldt voted for
Lochner and Borley.
There being no majority on the vote,
a second vote was taken.
Council Member Beurskens voted
for Keegan and Hilvers; Mayor Brady
voted for Montgomery and Sullivan;
Council Member Deich voted for
Hlivers and Sullivan; Council Member
Hammel voted for Keegan and Mon-
tgomery; Council Member Klauer
voted for Montgomery and Hilvers;
Council Member Kluesner voted for
Keegan and Sullivan; Council Member
Kronfeldt voted for Keegan and Sulli-
VaIL
Therefore, Michael P. Keegan ap-
pointed to the Dock Board for a term
to expire 11-26-84 and R.J. Sullivan
appointed to the Dock Board for a
term to expire 11-26-83.
Council Member Kluesner moved
that the petition of Mr. Henkels (sub-
mitred earlier on the Agenda) now be
submitted to the Legal Staff and Dock
Comm. to work out suitable agree-
merit. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 52-82
BE IT RESOLVED, By the City
Regular Adjourned Session, March 8, 1982
75
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.
Donovan's Foods 1876 Central Ave.
Passed, adopted and approved this
8th day of March, 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner. Kronfeldt.
Nays--None.
RESOLUTION NO. 53-82
WHEREAS, Applications for Beer
Permits have been submitted and flied
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
Dennis J. Meyer Bunker Hill Rd.
(Also Sunday Sales)
J.R.R. Enterprlses Corp. 815 Century
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Theordore J. and Georgia A. Heinz
1278 Central Ave.
Passed, adopted and approved this
8th day of March, 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 54-82
WHEREAS, Applications for Li-
quor Licenses have been subniltted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Windsor Tap, Inc. 2401 Windsor
KC & S Co., Inc. 4th & Main
(Also Sunday Sales)
Junnie's Lounge, Ltd. 2095 Kerper
(Also Sunday Sales)
Michael P. Bower & William Lynch
1060 University Ave.
Passed, adopted and approved this
8th day of March, 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Printed Council Proceedings for the
month of December, 1981, presented
and read.
Council Member Klauer moved that
the proceedings be approved as
)tinted. Seconded by Council Member
Dcich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 2-9; Cable Regulatory
Comm. of 2-10,Civil Service Comm. of
2-5; Housing Corem. of 2-16; Park
76
Regular Adjourned Session, March 8, 1982
of 2-11 & 2-25; Recreation Comm. of
2-8 & 2-15; Public Library of 2-16;
Transit Bd. of 2-11, presented and
Council Member Klauer moved that
the r~nutes be received and filed.
Seconded by Council Member Deich.
Carried by the foliowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
Communicatinn of James W. Herrig,
Assistant Dubuque County Attorney,
requesting City consider joining in the
Iowa Juvenille Victim Restitution Pro-
gram and be designated as a worksite
for Community Service Projects,
presented and read.
Council Member Klauer moved that
the matter be referred to the City Mgr.
and Legal Dept. Seconded by Council
Member Deich. Carried by the foliow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
REFUNDS REQUESTED: Dubu-
que Marina, Inc. requesting $25 on
unexpired Cigarette License,
presented and read.
Council Member Klauer moved that
the refund be approved and Finance
Director directed to issue proper
check. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Merlin Papke
submitting an offer of land for park or
baseball complex, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Mgr. advis-
ing City has received an Honor Award
at the 25th Annual Dinner of the
United Way of Dubuque, presented
and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of List of Claims, Ex-
penditures and Receipts for month of
January, 1982, presented and read.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner. Kronfeldt.
Nays--None.
Communications of Civil
Aeronautics Bd. advising of Notice of
Intent of Mississippi Valley Airlines,
Inc. to suspend air transportation at
Clinton and Ottomwa, Ia. and Ozark
Air Lines, Inc. tO suspend ail service at
Fort Dodge and Mason City,
presented and read.
Council Member Klauer moved that
the communications be received and
filed. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communications of Corporation
Counsel recommending denial of
claims filed by Frank T. Atkinson, Lee
Rupnow and James W. Bell & Co., Inc.
vs. Fondell & Sons, Inc. et al,
Elizabeth L. Moore for personal in-
urles and Elien A. Williams for pro-
perty damages claim, presented and
read.
Council Member Klauer moved that
the communication be received and
filed and denials approved. Seconded
by Council Member Deich. Carried by
,he following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS: Janice
Berfeld in unknown amt. for personal
injuries; Juanita M. Betts in amt. of
$125 for tire and rim damages;
Thomas Christ et ux in approximate
amt. of $31 for tire and rim damages;
Michael J. Dolphin, in amt. of $133 for
tire and rim damages; Mrs. Milton
Driscoll, in amt. of $75 for tire and rim
damages; Robert J. Freeze in amt. of
151.61 for tire and rim damages;
Debra Gustafson in amt. of $86.71 for
tire and rim damages; Patricia
Regular Adjourned Session, March 8, 1982
Johnson in unknown amt. for tire and
rim damages; Gary Kennedy in amt. of
$182.85 for tire and rim damages;
Robert J. Knepper et ux for $86.48 for
tire damages; Bill Meyer in amt. of
$87.54 for tire damages; Margaret A.
McCay in unknown amt. for car
damages; Marie Mueller in unknown
amt. for personal injuries; John L.
Oberhausen in amt. of $60.43 for tire
and rim damages; C.B. Odeli in amt. of
$765 for property damages; Tharseila
Pins in unknown amt. for personal in-
juries; Dubuque Savings & Loan Assn.
vs. Marian F. Brade, City of Dubuque
and The Morris Plan Co. of Iowa on a
foreclosure petition, presented and
read.
Council Member Klauer moved that
the claims and suits be referred to the
Corporation Counsel for investigation
and report.
Mike Sullivan and Steve Pregler of
the Dubuque Park Dept. Staff spoke
to the Council requesting reconsidera-
tion of proposed severe budget cuts to
that department.
There being no further business,
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
HammeL Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved ~1982
Adopted __1982
Mayor
Council Members
ATTEST:
City Clerk
77
78 Special Session March 10, 1982
CITY COUNCIL
OFFICIAL
Special Session, March 10, 1982.
Council Met at 7:00 p.m., Orpheum
Room, Five Flags Civic Center.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to CONDUCT A
PUBLIC HEARING PROVIDING
FOR THE ADOPTION OF THE
FISCAL YEAR 1983 CITY OF
DUBUQUE BUDGET AND ADOP-
TION OF THE FIVE YEAR C.LP.
AND OTHER DOCUMENTS PER-
TAINING TO THE BUDGET, and
acting upon such other business which
may properly come before the Council
Council Member Hammel moved to
recess this meeting from the Orpheum
Room and reconvene in the Theater of
the Five Flags Civic Center. 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.
Proofs of publication, certified to by
the Publisher, of Notice of Public
Meetings for the FY'83 Budget,
Notice of Public Hearing for the pur-
pose of obtaining the view of residents
of the City on Community Deveinp-
ment and Housing Needs, Notice of
Public Hearing providing for the adop-
tion of the Five Year Capital Improve-
ment Program for the City of Dubu-
que, Notice of Public Hearing pro-
vldlngJor the adoption of the City of
Dubuque Budget for the Fiscal Year
1983 (7-1-82 to 6-30-83), communica-
tion of Justin Rojeman submitting
suggestions for running of Keyline
Bus Lines, Petitions of Berta Vesper-
mann, Mary Dolan and Auleen
Eberhardt objecting to possibility of
charging fees to enter City Parks, com-
munications of Myra Benzer, Bette
Baule and Lynn Rutan and Petition of
Mrs. Floyd G. Smith et al (approx.
1200 signers) objecting to charging
library fees, communications of Lynne
Ekdale and Dubuque Child Care, Inc.
expressing concerns over possible cuts
of Library Budget, Petitions of 65 in-
dividuals and/or organizations re-
questing funding be considered for the
Information and Referral Services,
Petition with 584 signatures re-
questing Council to repair or replace
the "Rockdale Road Bridge", United
Labor Participation Committee re-
questing the position df Human
Rights Investigator be included with
the Fiscal Year 1983 Budget, League
of Women Voters submitting com-
ments regarding "User Fees",
"Transportation", "Joint Communica-
tion System", "City Manager's Office
Pay Classification Study", and "Infor-
mation and Referral", Communication
of Park Dept. employees expressing
concerns regarding the proposed man-
power cuts in their department, Peti-
tion of Colts 45 requesting funding be
made available to their group, were all
presented and read.
Council Member Hammel moved
that the Proofs of Publication, all com-
munications and petitions be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich. Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
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
Ktauer, Kluesner, Kronfeldt.
Nays--None.
POLICE AND FIRE DEPART-
MENTS
Police Captain John Mauss address-
ed the Council to read and present a
communication on behalf of Police
Captains and Sergeants objecting to
administrative reorganization of the
Police and Fire Depts., and the inequi-
ty of diminishing salary increases for
administrators and supervisors.
Council Member ttammel moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Wm. Gravett, representing the
Policemen's Protective Assn., express-
ed the opinion that the position of
Public Safety Commissioner concept
Special Session, March 10, 1982
79
has been adopted without adequate
research or regard for the potential
consequences, Public Safety Officer
not recommended by the Police Dept.
A1 E ngiing objected to the merger of
the Police & Fire Depts., and proposed
cuts in the Chief's pay.
Edna Thompson presented a peti-
tion with approx. 366 signatures op-
posing the Safety Director and recom-
mending to keep the Chief's pay.
Judie Fjellman, representing the
League of Women Voters was in favor
of Joint Communications System but
recommended to keep the departments
separate. Dick Ruden, Ass't Chief for
Fire Dept., objected to the proposed
2% pay raise package and requested
consideration be given to keeping
separate departments.
DISASTER SERVICES
No Comments.
HUMAN RIGHTS DEPT.
Rev. James Ray, Chairman of the
Human Rights Commission advised
they need additional manpower in the
Human Rights Dept. and presented
statistics on the number of backlogged
cases and noted that currently there is
a backlog of 33 cases, requested the
Investigator position and a Clerk
Typist.
TRAFFIC SIGNS AND MARKINGS
No Comments.
COMMUNITY DEVELOPMENT
DEPARTMENT
Judie Fjeliman, League of Women
Voters supported Community
Development Dept. in full-Need
Block Grant Funds.
PARK DEPARTMENT
Auleen Eberhardt, Catholic
Mother's Club spoke against the pro-
posed user fees for the parks and
stated her belief that the vandals who
are caught should be put to work
cleaning up the parks.
Oscar Boettcher, retired Park
Patrolman, suggested cutting the
University Park and stated that he
does not believe that the monies
brought in by the Park Dept. go
toward supporting the department.
Rex Wellman, voiced objections to
user fees in general, Park Fees,
Library Fees. requested to keep them
out of the budget.
Fred Appel, Park Board Chairman,
requested restoration of proposed
$104,000 cut in Park Dept. Budget.
Larry Pllne, Student, objected to
user fees for Parks and Library.
James Shaffer, friend of Mr. Mar-
shall of the opinion the Park Dept. has
not maintained the nature paths
created by Mr. Marshall and sug-
gested walnut trees be harvested for
approximately $150,000 to $200,000
revenues.
Mary Welsh opposed user fees and
prohibition of beer in the parks.
Sr. Roger Mary Moes, Presentation
Convent, objected to user Fees for
parks and library.
Wayne Deans objected to park fees
and registered complaint on tax
distribution problem between residen-
tial, commercial and industrial proper-
ties.
Mike Less opposed to prohibiting
beer in the parks.
Jeff Klauer opposed the charging of
park fees.
Gene Thompson, member of Park
Bd., advised Park Bd. has agreed to
charge a toll but forsees a problem
with charging fees in only two of the
City parks.
Rick Amling, opposed Park and
Library fees.
Edna Thompson stated opposition
to user fees in the park.
Gene Thompson was of opinion not
feasible to consolidate Parks and
Recreation Depts.
Fred Appel, Chairperson of Park Bd.
requested not to consider Parks &
Recreation consolidation.
Chip Murray, Recreation Commis-
sioner, advised that the Recreation
Commission was in favor of the con-
solidation of Park & Recreation Depts.
and would be willing to make the
merger work.
COUNCIL RECESSED AT 8:27 P.M.
RECONVENED AT 8:45 P.M.
CIVIC CENTER
A1 Engiing requested the Civic
Center be allowed to bring in their own
food or caterers for such events as
wedding parties.
RECREATION DEPT.
Dr. Neumeister suggested
balifield complex be made a civic affair
-do not put on taxpayers back; Con-
tact WRA as to how they did their pro-
ject.
LIBRARY DEPARTMENT
Al Engling requested to reinstate
the Library Budget with no fees, ex-
pressing support of a free library.
Father Mark Ressler of the opinion
80 Special Session March 10, 1982
that it is a step backward to start
charging fees, and is against closing
the library any oftener.
Kenneth Pease, Chairperson of the
Library Bd. read a statement on behalf
of the Library Bd. requesting recon-
sideration of the action to cut $139,000
from their budget and expressed sup-
port of a free library.
Janet Welby agreed with Dr.
Neumeister's comments and requested
reconsideration for user fees.
Dr. David Kapp objected to possible
removal of the bookmobile and hoped
that the entire Library Budget could
be kept intact.
Shirley Seeley, Library Staff, oppos-
ed proposed cuts for the library.
Lynn Rutan, Northeast Iowa
regional Library Board of Trustees
supported the free library.
Elaine Perillo requested to keep the
Bookmobile.
Myra Benzer supported a free
library.
John Friedman opposed proposed
fees and cuts.
Tom Prochaska objected to propos-
ed library cuts and loss of the
bookmobile, recommended to keep
staff.
Wm. Dix presented a petition with
approx. 1200 signatures voicing objec-
tion to user fees.
Tina Hessel advised being against
user fees and the loss of the
Bookmobile.
Mrs. Julius Bernal requested not to
charge user fees and not to cut back on
the library staff.
Sandra Bertram was against library
fees and any cutbacks.
Julius Bernal opposed any budget
cuts for the library, hoping to keep as
it is with no user fees.
Bob Uthe was against any proposed
cuts and user fees.
Russell Nash was opposed to library
fees and library cuts.
Mary Ann Sand objected to user
fees and the loss of the bookmobile.
Sally Ryan objected to user fees.
Jim Ryan objected to user fees and
recommended library budget as
presented.
Rex Wellman of the belief that the
Library should not be included under
Leisure Services.
Judy Schmidt, representing Dubu-
que Education Assn., was against pro-
posed cuts and user fees.
Larry Plein agreed with previous
speakers, urging strongly to recon-
sider the position on fees and cuts.
Steve Leonard recommended to
close the library for one day.
Edna Thompson of the opinion that
no fees be charged in the Parks and
Library, it is a free world.
COUNCIL RECESSED AT 9:30 P.M.
RECONVENED AT 9:43 P.M.
AIRPORT DEPARTMENT
Janet Melby was of the opinion that
$30 increase in property taxes was not
that significant.
Rex Weliman was of the opinion that
we need a better airport and that
should be evaluated.
TRANSIT DEPARTMENT
Dr. Neumeister suggested taxi com-
panies use small vans to haul people to
replace the larger Keyline buses.
Judie Fjellman of the League of
Women Voters was in favor of con-
tinued City support for the transit
system.
PUBLIC WORKS DEPARTMENT
ENGINEERING DEPARTMENT
No Comments.
WATER DIVISION
No Comments.
WASTEWATER DIVISION
No Comments.
STREET DIVISION
Dr. Neumsister requested to check
into contractural bids for snow
removal, dog catching, refuse collec-
tion and etc.
DOCK COMMISSION
No Comments.
PARKING DIVISION
No Comments.
COMMUNITY DEVELOPMENT
DEPARTMENT
Administration- Bob Fisch, V.P. of
C.D. Commission recommended Court-
cfi pass budget as presented.
ADMINISTRATIVE
City Hall Maintenance-No Com-
ments.
CITY COUNCIL
Judie Fjellman of the League of
Women Voters recommended they
keep the contributions for the League
of Municipalities dues in the budget.
CITY MANAGERS OFFICE
Judie Fjellman of the League of
Spe~alSesMon
Women Voters supported the pay
classification study recommended by
the City Manager.
CITY CLERK'S OFFICE
No Comments.
FINANCE DEPARTMENT
Dr. Neumsister suggested annexing
John Deere and the Barony Woods
area.
LEGAL DEPARTMENT
No Comments.
INFORMATION SERVICES
DEPARTMENT
No Comments.
CONTRIBUTIONS
Gary Stewart requested funds for
Information and Referral Services and
the Tri-County Alcoholism Program.
Monsignor Sigwarth requested
funds for the Washington Opportuni-
ty Center through support from
Operation: New View.
Pat Brunet advised that the Opera-
tion: New View serves as coordinator
for the CETA program that the
Library uses.
Dale Nederhoff requested funds for
Colts Drum & Bugle Corps-Need
$15,000 plus but requesting any
assistance that may be available.
Lewis Barrett requested Council
continue funding the Operation: New
View program.
Edna Thompson requested funds for
Operation: New View.
Bob Fisch supported Operation:
New View funding.
Rodney Hanson and Norman
Gansen spoke in favor of contribution
to Operation: New View.
Duane Denlinger of rural Peosta
spoke in favor of support of Operation:
New View.
Rose Marie Montgomery requested
allocation funds for Operation: New
View.
Don Gayne supported Operation:
New View due to their involvement
with the blind.
Pam Gayne advised I-Icad Start Pro-
gram is funding by Operation: New
View, requesting funding be ap-
propriated to them.
Marilyn Olson supported funding
for Operation: New View.
Judie Fjellman of the League of
Women Voters supported funding for
the Information and Referral Service.
Ann Bodnar, worker for CETA, sup-
ported funding for Operation: New
March 10, 1982 81
View.
Ruby Sutton favored continued con-
tribution toward Operation: New
View.
PURCHASE OF SERVICES
No Comments.
CABLE TV DEPARTMENT
Judie Fjelhnan of the League of
Women Voters, presented written
comments to the Council on revenue
sharing, user fees and the recommend-
ed budget.
Tom Smith expressed concern with
the proposed property tax increase
and is of the opinion that City must
cut down.
CAPITAL IMPROVEMENT
BUDGET.
No Comments.
Darlene Gavin wished the Council
well in their final decision.
Council Member Klauer moved to
reimpose the rules and close the
meeting for all public input. Seconded
by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
COUNCIL RECESSED AT 10:40
P.M.
RECONVENED AT 10:53 P.M.
Mayor Brady announced they would
discuss each department individually
and make amendments, if desired, dur-
ing each departmental discussion.
Council Member Klauer moved to
adopt the budget for Fiscal Year 1988
as proposed by the City Mgr. Second-
ed by Council Member Dsich.
Each department was then discuss-
ed and the following amendments
made:
POLICE AND FIRE
DEPARTMENTS
Council Member Deich moved to
defer consolidation of Police & Fire
Departments for a period of one year
for study. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Klauer,
Kluesner.
Nays--Council Members Beurskens,
Kronfeldt.
Mayor Brady moved to set the
Police Chief's salary at $31,732 plus
5%. Seconded by Council Deich.
82 Special Session March 10, 1982
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas--Mayor Brady, Council Mem-
ber Deich.
Nays--Council Members Beurskens,
Hammel, Klauer, Kluesner, Kronfeldt.
MOTION FAILED.
Council Member Hammel moved not
to proceed with Joint Communications
Center for a one year period (Do Not
Fund) and that the Fire Dispatch
system go back to the Fire Dept. and
the Police Dispatch system go back to
the Police Dept. Seconded by Council
Member Deich. Carried by the follow-
hag vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Klauer, Krofeldt.
Nays--Council Members Beurskens,
Kluesner.
Council Member Hammel moved the
elimination of the Stenographer posi-
tion in the Fire Dept. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kronfeldt.
Nays--Council Member Kluesner.
Council Member Hammel moved to
eliminate the position of Public Safety
Programmer. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
to increase the inspection fees for gas
station licensing from $10 to $25 and
the institution of bulk tank inspection
fee. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich moved to add
the project providing for storm win-
dows on older fire stations. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Nays--Council Member Kronfeldt.
Council Member Hammel moved to
fund the Disaster Services at Base
level, cutting $2,186 from the propos-
ed budget. Seconded by Council Mem-
bets Council Member Kronfeldt.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas--Council Members Hammel,
Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Kluesner.
MOTION FAILED.
Mayor Brady moved that one more
uniformed Police Officer be added to
the Police Dept. Seconded by Council
Member Deich. VOTE ON THE MO-
TION WAS AS FOLLOWS:
Yeas--Mayor Brady, Council Mem-
bers Deich Klauer.
Nays--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt.
MOTION FAILED.
COMMUNITY DEVELOPMENT
DEPARTMENT
Council Member Klauer moved that
the new dog license fee schedule of $5
for neutered and $10 for unneutered be
approved. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich moved to fu-
crease the milk inspection fees to cover
related costs. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kfuesner, Kronfeldt.
Nays--None.
PARK DEPARTMENT
Council Member Hammel moved to
fund the Grounds Custodian position
for full time. Seconded by Council
Member Klauer. VOTE ON THE MO-
TION WAS AS FOLLOWS:
Yeas--Council Members Deich,
Hammel, Klauer.
Nays--Mayor Brady, Council Mem-
bers Beurskens, Kluesner, Kronfeldt.
MOTION FAILED.
Council Member Hammel moved to
elimlnate the Park Board salaries for
savings of $3,000. Seconded by Coun-
cil Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Deich.
SpecialSession
Council Member Hammel moved to
consolidate the Park and Recreation
Board etc. and staff to bring back pro-
per Ordinance providing for same.
Seconded by Council Member Beur-
skens. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich.
Nays--Council Members HammeL
Kiauer, Kluesner, Kronfeldt.
MOTION FAILED.
Council Member Kluesner ~noved to
eliminate both supervisory positions
and establish a new director for Parks
and Recreation. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer.
Nays--Council Members Hammel,
Kluesner, Kronfeldt.
Upon further discussion, Council
Member Hammel moved to con-
solidate the Park and Recreation
Departments. eliminate the Recrea-
tion Director and Park Superintendent
positions and create a Parks and
Recreation Manager. Seconded by
Council Member Kronfeldt. Carried by
the followfug vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Council Member Hammel xnoved
that the Park Dept. be funded to the
full Budget for the newly created
Parks and Recreation Dept. and they
directed to establish user fees. Second-
ed by Council Member Kronfeldt. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich further mov-
ed an amendment to the original mo-
tion to defer user fees until later date.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Klauer, Kluesner,
Kronfeldt.
Nays--Council Members Beurskens,
Hammel.
Mayor Brady moved to reduce the
Park Department budget by $15,000.
Seconded by Council Member Beur-
skens. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas--Mayor Brady, Council Mere-
March 10, 1982 83
Nays--Council Members Deich;
Nammel, Klauer, Kluesner, Kronfeldt.
MOTION FAILED.
Council Member Hammel moved to
increase the Pavilion Fees at the Parks
from 30¢ to 35¢ per person. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
CIVIC CENTER DEPARTMENT
Council Member Deich moved to ap-
prove the Civic Center Budget in the
amount of $3,000. Seconded by Coun-
cil Member Klauer. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
LIBRARY DEPARTMENT
Council Member Kronfeldt moved to
approve the Manager's recommenda-
tion for full funding of the Public
Library. Seconded by Council Member
Klauer. NO ROLL CALL TAKEN ON
THE MOTION.
Council Member Beurskens moved
to'amend the motion and approve the
reduction of eight hours of service on
Fridays involving full time Custodian/
Clerical Assistant I, change in status
of Clerical Assistant I from full time to
part time and part time Library AND
reduction of Clerical Assistant II in
Administration. MOTION DIED FOR
LACK OF A SECOND.
Mayor Brady moved to amend the
original motion to reduce the Library
Budget by $15,000. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Hammel, Kronfeldt, Beurskens.
Nays--Council Members Deich,
Klauer, Kluesner.
Council Member Klauer moved to
cut the tax asking for the Library
Dept. by $1,000 by increasing library
fees for out-of-City residents who do
not hold County Library cards, fu-
creasing the revenue in the est.
amount of $1,000. Seconded by Coun-
cil Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
84 Special Session March 10, 1982
COUNCIL RECESSED AT 12:15
A.M. 3-11-82
RECONVENED AT 12:26 A.M.
HUMAN RIGHTS DEPARTMENT
Council Member Klauer moved to
reinstate the Human Rights In-
vestlgator position in the amount of
$23,204 and reduce the clerical staff to
¥2 time. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Klauer, Kronfeldt.
Nays--Council Members Beurskens.
Hummel, Kluesner.
AIRPORT DEPARTMENT
Council Member Beurskens moved
to increase the Airport revenue
estimate for MVA and Mid-Continents
fees in the amount of $7,000. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
TRANSIT DEPARTMENT
Council Member Klauer moved for
the elimination of salaries for Transit
Board in the amount of $900. Second-
ed by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich moved to
defer the bus garage replacement in
the Capital Improvement Project
Budget. Seconded by Council Member
Hummel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
CAPITAL IMPROVEMENT
BUDGET
Council Member Deich moved to ap-
prove the construction of a portion of
the Ice Harbor parking lot with
heavier base to carry auto and truck
traffic and allow closing of Bell St.
Seconded by Council Member Klauer.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas--Mayor Brady, Council Mem-
bets Deich, Klauer.
Nays--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt.
MOTION FAILED.
Council Member Deich moved to
reduce the local share of Madison
Street Step project from $70,000 to
$41,725. Seconded by Council Member
Beurskens. Carried by the following
vote;
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich moved to
defer the Peru Road/Kennedy Court
and Keyway Sanitary Sewer projects
and utilize local share on Resurrection
Sewer. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer. Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskefis moved
to take $50,000 cash from the Bus
Garage Replacement to Couler
Valley/Toe of the Bluff Feasibility
Study. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
COMMUNITY DEVELOPMENT
DEPARTMENT
Council Member Kronfeldt moved to
use the increased Community
Development Block Grant to fund
Development Planner position.
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 Klauer moved to
shift $60,000 of Community Develop-
ment Funds from Miscellaneous
Public Improvements to 11th Street
One-Way Pair. Seconded by Council
Member Beurskens. Carried by the
fofiowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
CITY MANAGER'S OFFICE
Council Member Hammel moved to
approve the City Manager's recom-
mendation in proposed budget
authorizing wage increase of 6% to ail
Special Session
non-bargainfug employees. Seconded
by Council Member Deich.
Mayor Brady moved an amendment
to the original motion granting a 6%
wage adjustment or $1,300 whichever
is less to all non-bargaining personnel.
Seconded by Council Member Deich;
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
VOTE ON THE ORIGINAL MO-
TION WITH THE AMENDMENT
WAS AS FOLLOWS:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesnor, Kronfeldt.
Nays--Council Member Klauer.
Council Member Hummel moved
that they authorize the pay classifica-
tion study as requested by the City
Manager, by outside consultant with
the input of local people and the Coun-
cil. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Council Members Deich,
Hammel, Klauer. Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
ber Beurskens.
Council Member Beurskens moved
the elimination of Special Assessment
debt service per change in State peel-
tion on reporting this in Operating
Budget. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
CITY CLERK'S DEPARTMENT
Council Member Deich moved to in-
crease the City Clerk's salary by the
$1,300 plus $2,000. Seconded by Coun-
cil Member Beurskens.
Council Member Kluesner moved to
amend the original motion to allow a
$1,000 increase for the Clerk's salary.
Seconded by Council Member
Kronfeldt. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas--Council Member Beurskens,
Klauer, Kluesner.
Nays--Mayor Brady, Council Mem-
bers Deich, Hummel, Kronfeldt.
MOTION FAILED.
Vote on the original motion was as
follows:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner.
Nays--Council Members Hammel,
March 10, 1982 85
Klauer, Kronfeldt.
CORPORATION COUNSEL
DEPARTMENT
Council Member Deich moved to
reduce the Corporation Counsel's
salary to the Fiscal Year 1982 level.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer.
Nays--Council Members Hummel,
Kluesner, Kronfeldt.
CONTRIBUTIONS AND PUR-
CHASE OF SERVICES
Council Member Deich moved to ap-
prove the City Manager's recommen-
dation and include Operation: New
View within the Budget in the amount
of $5,830. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Council Members Beurskens,
Deich, Hummel, Klauer, Kluesner,
Kronfeldt.
Nays--Mayor Brady.
Council Member Hummel moved to
eliminate the contribution to Tri-
County Alcoholism program in the
amount of $11,000. Seconded by Coun-
cil Member Beurskens. VOTE ON
THE MOTION WAS AS FOLLOWS:
Yeas--Council Members Beurskens,
Hanunel, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Deich, Klauer, Kluesner.
MOTION FAILED.
(Manager's recommendation stands
- Funding stays).
Council Member Kronfeldt moved
that funding for the Mayor's Summer
Youth Program in the amount of
$2,756 be eliminated. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Kronfeldt moved to
reinstate monies for Information and
Referral Service in the amount of
$19,586. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Council Members Bourskens,
Deich, Hummel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Klauer.
Council Member Deich moved to
amend the original motion for Infor-
mation and Referral Services to allo-
86 Special Session March 10, 1982
cate funds in the amount of $17,800.
Seconded by Council Member K~auer.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas--Mayor Brady, Council Mem-
bers Deich, Klauer.
Nays--Council Members Beurskens,
Hammel, Kluesner. Kluesner,
Kronfeldt.
MOTION FAILED.
Council Member Beurskens moved
to provide Tourism and Convention
Bureau of Chamber of Commerce with
15% of actual Hotel/Motel Tax
receipts for October 1, 1980 through
September 30. 1981. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 55-82
A Resolution Adopting the Annual
Budget Ior the Fiscal Year Ending
June 30, 1983.
Be It Resolved by the Council of the
City of Dubuque, Iowa:
The annual budget for the fiscal year
ending June 30, 1983, as set forth in
tim Budget Summary Certificate and
in the detailed budget in support
thereof showing the revenue estimates
and apgropriation expenditures and
allocations to programs and activities
for said fiscal year is adopted, and the
clerk is directed to make the filings re-
quired by law and to set up his books
in accordance wlth the summary and
details as adopted.
Passed and approved on March 11,
1982, by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hummel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution as amended.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 56-82
Adoption of Five Year Capital Ira-
,rovement Program
WHEREAS, a recommended Five
Year Capital Improvement Program
for the period beginning July 1, 1982
and ending June 30, 1987 for the City
of Dubuque has been prepared and
submitted to the City Council; and
WHEREAS, the Five Year Capital
hnprovement Program:
1) describes specific capital improve-
ment projects;
2) provides estimated costs for those
projects;
3) proposes sources of funds for each
of them; and
4) schedules the year during which
each project will be undertaken; and
WHEREAS, the Capital Improve-
ment projects for the first year are
chided in the Fiscal Year 1983 Budget
for the City of Dubuque; and
WHEREAS, the Five Year Capital
Improvement Program will be recon-
sidered annually by the City Council
and appropriately revised; and
WHEREAS, the adoption of the
Five Year Capital Improvement Pro-
gram is a prudent measure to provide
continuity of programs and is in the
best interest of the City of Dubuque:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE.
IOWA:
Section 1. That the Five Year Capital
Improvement Program for the period
beginning July 1, 1982 as set out in the
Fiscal Year 1983 - 1987 Recommended
Capital Improvement Budget as
amended is hereby approved and
adopted as the proposed allocation of
City resources for capital im~
provements as scheduled in the years
shown, subject to annual review and
revision.
Passed, approved and adopted this
11th day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution as Amended.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Special Session.
Nays--None.
ORDINANCE NO. 11-82
AN ORDINANCE OF THE CITY el
DUBUQUE, IOWA AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE BY
REPEALING ARTICLE II COM-
PRISED OF DIVISION 1, SEC-
TIONS 7-16, THROUGH 7-24 DIVI-
SION 2~ SECTIONS 7-31 THROUGH
7-38 AND DIVISION 3, SECTIONS
7-45 THROUGH 7-50 THEREOF
AND ENACTING A NEW ARTICLE
II COMPRISED OF DIVISION 1,
SECTIONS 7-16 THROUGH 7-24,
DIVISION 2, SECTIONS 7-31
THROUGH 7-41 AND DIVISION 3,
SECTIONS 7-45 THROUGH 7-50 IN
LIEU THEREOF PROVIDING FOR
LICENSING DOGS AND CATS
AND RABIES CONTROL, presented
and read.
Council Member Klauer moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed 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 Klauer 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.
ORDINANCE NO. 11-82
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA AMEND-
ING THE CODE OF ORDI-
NANCES OF THE CITY OF
DUBUQUE BY REPEALING
ARTICLE II COMPRISED OF
DIVISION 1, SECTIONS 7-16
THROUGH 7-24, DIVISION 2,
SECTIONS 7-31 THROUGH 7-38
AND DIVISION 3, SECTIONS 7-45
THROUGH 7-50 THEREOF AND
ENACTING A NEW ARTICLE II
COMPRISED OF DIVISION 1,
SECTIONS 7-16 THROUGH 7-24,
DIVISION 2, SECTIONS 7-31
THROUGH 7-41 AND DIVISION 3,
SECTIONS 7-45 THROUGH 7-50
IN LIEU THEREOF PROVIDING
FOR LICENSING OF DOGS AND
CATS AND RABIES CONTROL.
March 10, 1982 87
NOW THEREFORE, be it ordained
by the City Council of the City of
Dubuque, Iowa.
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amehded by repealing Article II
comprised of Division 1, Sections 7-16
through 7-24, Division 2, Sections 7-31
through 7-38 and Division 3, Sections
7-45 through 7-50 thereof and enacting
a new Article II comprised of Division
1, Sections 7-16 through 7-24, Divislon
2, Sections 7-31 through 7-41 and Divi-
sion 3, Sections 7-45 through 7-50 in
lieu thereof as follows:
"ARTICLE II. DOGS AND CATS.
DIVISION L GENERALLY
Sec, 7-16. Definition.
The following definitions shall apply in
the interpretation of this Article:
(a) The term "dog" shall mean both
male and female animals of the canine
species whether neutered or not.
(b) The term "cat" shall mean both
male and female animals in the family
(fells catus) whether neutered or not.
(c) The term "owner" shall mean
any person or persons, firm, association
or corporation owning, keeping, shel-
tering or harboring a cat or dog.
(d) The term "neutered" shall refer
to a surgical procedure that h~s been
performed on a dog or a cat that ten-
ders it incapable of siring or bearing
offspring.
(e) "At large" includes any licensed
or unlicensed dog or cat found off the
premises of the owner or upon the pub-
lic streets, alleys, public ground or
parks within the City. A dog or cat
shall not be deemed at large if:
(1) It is attached to a leash of
cient strength and not more than ten
(10) feet in length where such lease is
held by a competent person; or
(2) When properly restrained within
a motor vehicle or housed in a
licensed veterinarian's animal hospi-
tel; or
(3) It is accompanied by or at heel
beside and obedient to commands of
its owner or a competent person.
(f) "Kennel" shall refer to a place or
establishinent where dogs or cats are
kept or raised for the purpose of breed-
ing, boarding, exchange or offered for
sale to the general public and which
are kept under constant restraint. (g) "Nuisance".
A dog or cat shall be considered a
nuisance flit:
(1) Damages, soils, defiles or defe-
cates on private property other than
the owners or on public walks and
recreation areas unle~ such waste is
immedia~ly removed and properly
88
Special Session, March 10, 1982
disposed of by the owner.
(2) Causes unsanitary, dangerous or
offensive conditions.
(3) Causes a disturbance by excessive
barking or other noise-making or
chases vehicles, or molests, attacks or
interferes with persons or other
domestic animals on public property.
(g) Vicious Animal.
A vicious cat or dog is deemed so
when is shall have attacked or bitten
any person (without provocation), or
when the propensity to attack or bite
persons shall exl]t in such propensity
is known or ought recently be known
to the owner thereof.
See. 7-17. Harboring a Vicious Dog or
Cat.
It shall be unlawful for any person
or persons to harbor or keep a vicious
dog or cat within the City.
See. 7-18. Nuisance.
It shall be unlawful for any person
to permit a dog or cat under his or her
control or within his or her custody to
commit a nuisance.
8ce. 7-19. Female Dogs in Season.
It shall bo unlawful for any owner to
allow a female dog in season to run at
large or to so confine her as to attract
male dogs to the area and by their
8e~. 7-20. City Manager's Authority.
The City Manager is hereby author-
ized to contract from year to year with
any "pound" or "animal shelter" as
defined by Section 162.2 of the Cede of
Iowa for carrying out the provisions of
this Article including the collection,
protection and disposition of dogs, cats
and other animal] and the collection of
fees for licensing and care of seized and
impounded dogs and cate.
See. 7-21 Impoundment.
Any unlicensed dog or cat except
kennel dogs or cate and any licensed
dog or cat found at large shall bo sub-
ject to seizure and impoundment in a
place provided by the City.
Se~.?-22. Notice to Owners of
Licensed Dogs or Cate.
Whenever any licensed dog or cat
has been seized or impounded pursuant
to this Article, notice of such action
shall be given by United States ordi-
nary mail to the owner as shown by
the licensing records in the City Clerk's
Office.
Sec. 7-2g. Redemption.
(a) Except es otherwise provided, the
poked&on of any licensed dog or cat
seized or impounded pursuant to this
Article may be obtained by the owner
by paying the sum of six dollars ($6.00)
plus the daily fee for keeping such a
dog or cat each day or fraction thereof
during the time that such dog or cat is
impounded.
Upon a second impoundment of the
same animal within 365 days, an
impoundment charge of ten dollars
($10.00) will be assessed, plus the daily
fee for keeping such dog or cat each
day or fraction thereof during the time
which said dog or cat is impounded.
(b) Upon proper identification the
possession of any unlicensed dog or cat
seized or impounded pursuant to this
Article may be obtained by the owner
only after paying the license fee in
addition to the charges above for
impounding of licensed dogs or cats.
Sec. 7-24. Disposition of Unredeemed
Dogs or Cats.
(a) If the owner of a licensed dog or
cat impounded pursuant to this Article
does not claim such animal within five
days after notice provided for in this
Article has been mailed, the license
shall automatically be revoked and the
animal disposed of as directed by the
Health Officer.
(b) Any unlicensed dog or cat not
claimed by the owner within three
days after it has been seized or
impounded shall be disposed of as
directed by the Health Officer.
DIVISION 2. LICENSE
Sec. 7-31. Office Designated.
The City Clerk is designated as the
official agent of the City for the pur-
pose of issuing City dog and cat
licenses and collecting fees therefore.
The City Manager shall have
authority to enter into agreements
with other governmental agencies, a
corporation or an individual as a col-
lection agent, for the efficient collec-
tlon of license fees and the issuance of
City dog and cat licenses.
Sec. 7-92. Application.
The owner, or other person responsi-
ble for the procurement of and pay-
ment for a license required by this
Division shall make application for a
license at the office of the City Clerk
on forms provided by the City Man-
ager. The forms shall give the name
and address of the owner, the sex and
description of the dog or cat, and if
known, its breed and age. In the event
of a change of ownership the license
holder shall notify the City Manager
of such change.
Sec. 7-33. License Fee - Dogs.
(a) Effective April 1, 1982 the license
fee per calendar year, or fraction
thereof for a dog license shall be five
dollars ($5.00) for each neutered dog
and ten dollars ($10.00) for each dog
not neutered.
(b) The applicant or licensee shall
furnish written proof from a licensed
veterinarian that surgical procedures
Special Sessio~
l)ave been performed that renders
either male or female dogs incapable of
repreduction.
(c) The head of the family shall be
liable for payment of the license fee of
any dog owned, harbored or kept by
any member of the family.
Sec. 7-34. Expiration, Renewal; Delin-
quent Fee -- Dogs.
Effective April 1, 1982, all dog
licenses issued under this Division shall
expire on December thirty-first of the
year in which issued and shall become
delinquent on March thirty-first of the
year due. A penalty of five dollars
($5.00) shall be added to the required
license fee for each delinquent dog
license.
Sec. 7-36. License Fee - Cate.
(a) Effective July 1, 1982 the annua
cat license fee per year or fractio!
thereof shall be two dollars ($2.00) fo:
each neutered cat either male or
female and four dollars ($4.00) for each
male or female cat not neutered.
(b) The applicant or licensee shall fur-
nl]h written proof from a licensed vet-
terinarian that surgical procedures
have been performed that renders
either male or female cate incapable of
repreduction,
(c) The head of the family shall be
liable for payment of the license fee of
any cat owned, harbored or kept by
any membeg of the family.
Sec. 7-36. Expiration; Renewal
Delinquent Fees. Cate.
Effective July 1, 1982 all cat licens~
issued under this Division shall expire
on June thirtieth of the year following
and shall become delinquent on Sep-
tember thirtieth of the year due. A
penalty fee of five dollars ($5.00) shall
be added to the required license fee for
each delinquent cat license.
See. 7-37. Issuance.
The City Manager shall cause to be
issued dog and cat licenses upon proper
application and payment of the fee
provided in this Division.
See. 7-38. Tags Not Transferrable.
A license issued for any dog or cat
shall not bo transferred to another dog
Sec. 7-39. Tag to be Attached.
The applicant for a dog or cat
license, upon procurement of the
license, shall securely attach the
license tag to a collar or harness and
this collar or harness, with the tag
attached shall at all times be kept on
the dog or cat. Any dog or cat found at
large without a collar or h~rness with
license tag attached shall be deemed
unlicensed and shall be inpounded.
Sec. 7-40. Fee For Duplicate.
The fee for a duplicate license for
March 10, 1982 89
either a dog or cat shall be two dofiars
and fifty cente ($2.50).
Sec. 7-41. Consent Implied From
Application and Receipt.
The application for and the receipt
of a license es required in this Divison
shall include an implied consent by the
owner to permit an inspection of both
real and personal property under his
control for the purpose of carrying out
the provisions of this Article relating
to the harborage of vicious animal] or
to the control of rabies outbreak or
relating to the provision of law relative
to the prohibition of cruelty to mai,
DIVISION 3. RABIES CONTROL.
Sec. 7-45. Vaccination Required.
It shall bo unlawful for the owner of
any dog or cat, six (6) months of age
or older to keep or maintain such ani-
mal unless such dog or cat shall be
vaccinated against rabies by a licensed
veterinarian. Such vaccine shall be
approved by the U.S. Food and Drug
Administration and administered at
the following interval].
(a) Dogs. Original or puppy immuni-
zation one (1) year and subsequent
mamunisation at three (3) year inter,
(b) Cate. Annualimmunization.
Written proof of such vaccination
shall be a condition precedent to the
issuance of a license thereof.
See. 7-46. Confinement Authorized.
(a) The owner of any dog, cat or
other animal which has contracted
rabies, or which has been subject to
rabies or which has bitten any person
shall at the discretion of the Health
Officer and upon his demand, produce
and surrender up such dog, cat or
other animal to be held in confinement
in a licensed veterinarian's animal hos-
pital under the supervision of a
licensed veterinarian and in quarantine
for observation for a period determined
by the Health Officer at the expense of
the owner of the animal.
(b) Any animal bitten or attacke~ by
any known rabid animal shall be
quarantined under direction of the
Health Officer by being confined and
in quarantine as provided above for a
minimum of ninety (90) days.
Sec. 7-47. Reporting Rabies - Notice
to Health Officer.
(a) It shall be the duty of the owner
of any cat, dog or other domesticated
animal suspected of being rabid that
has attacked, bitten or caused any skin
abrasion upon any person to report
such incident to the Health Officer.
(b) It shall be the duty of any physi-
clan or veterinarian to immediately
transmit information to the Health
90 Special Sessior, March 10, 1982
Officer that may come to him/her
through his/her professional capacity
with reference to any person having
been attacked, bitten or having skin
abrasions by any dog, cat or other
domestic animal.
Sec. 7-48. Notification to Police or
Health Officer of Dead Animals.
Any person finding a dead dog or cat
shall at once notify the Police Depart-
ment or Health Services Division.
Sec. 7-49. Punishment For Harboring
Known Rabid Dog, Cat or Other
Domestic Animal.
Any person who shall knowingly
harbor or keep any dog, cat or other
animal infected with rabies, or with
knowledge that their animal was bitten
by a rabid animal and fails to report
such incident to the Health Services
Division or Police shall be punished as
provided in Section 1-8 of this Code.
Sec. 7-50. Prohibited Actions After
Mayor's Proclamation of Emergency.
When the Mayor, pursuant to reso-
lution of the City shall declare an
emergency due to rabies.
(a) It shall be unlawful for the
owner of any dog, cat or other domes-
tic animal to permit such animal to be
at large.
Any dog, cat or domesticated animal
found to be at large shall be deemed to
be so with the permission or at the suf-
ferance of its owner.
(b) It shall be unlawful for any per-
son except the owner of a dog, cat or
other domestic animal, or owners'
agent to open any door or gate of any
private premises for the purpose or
result of setting such animal at large.
(c) Any licensed or unlicensed dog,
cat. or other domestic animal found at
large shall be impounded by the
Health Services Division or Police
Department."
PASSED, APPROVED AND
ADOPTED this llth day of March,
1982.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 18th day of
March 1982 Mary A. Davis
It 3/13 City Clerk
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammai,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 12-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BY REPEALING
SECTION 16-36 PERMIT FEES, OF
DIVISION 2, ARTICLE III MILK
AND MILK PRODUCTS AND
ENACTING A NEW SECTION 16-36
PERMIT FEES, OF DIVISION 2,
ARTICLE III IN LIEU THEREOF
TO PROVIDE FOR REVISION OF
MILK PERMIT FEES, 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
l~ronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
glauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mere~
bets Beur8kens, Deich, Hammel,
glauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 12-82
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 16-36
PERMIT FEES, OF DIVISION 2,
ARTICLE III MILK AND MILK
PRODUCTS AND ENACTING A
NEW SECTION 16-36 PERMIT
FEES, OF DIVISION 2, ARTICLE
III IN LIEU THEREOF TO PRO-
VIDE FOR REVISION OF MILK
PERMIT FEES.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section l.That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Section 16-36
Permit Fees of Divisio~ 2, Article III
Milk and Milk Products and enacting
a new Section 16-36 Permit Fees of
Division 2, Article III in lieu thereof to
provide as follows:
"Article III" Milk and Milk Pro-
ducts, Division 2
Section 16-36 Permit Fee6
(a) Every person that operates a
SpecialSession
milk plant and brings into, sends into,
or receives in the city, milk or milk
products, shall pay a monthly permit
fee of two and three eights cents
($0.02375) for each one hundred (100)
pounds of such milk or milk products
to the officer authorized to investigate
the accuracy of the permit fees paid
hereunder.
(b) On or before the twentieth day
of each month, the permittee shall file
with the City Treasurer a statement
showing amounts of milk handled in
the preceding month together with its
remittance for the full amount due.
(c) An additional ten (10) percent
penalty shall attach for failure to pay
such fees when due. Failure to pay
monthly permit fees when due shall be
grounds for revocation or suspension of
the permit.
(d) Any person who shall have paid
a fee to any municipality which
enforces standards equivalent to the
requirements of this section shall be
entitled to a credit against the permit
fee established herein in the amount so
paid but not in excess of two and three
eights cents ($0.02375) per one hundred
(100) pounds of milk or milk products;
provided, however, that, in order to be
entitled to such credit, the permit
holder shall first exhibit satisfactory
evidence of such payment to such
other municipality and that such
municipality extends reciprocal credits
against its fees for amounts paid to
this city.
Provisions of this Section shall be
applicable for all vohime~ of Grade A
milk and milk products brought into,
sent into, or received in the City of
Dubuque, Iowa on and after July 1,
1982.
Section 2.This ordinance shall be in
full force and effect July 1, 1982, after
its final adoption and publication as
provided by law.
Pas~ed, approved and adopted this
1 lth day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 18th day of
March 1982.
Mary A. Davis
City Clerk
It 3/18
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried by the following
March 10, 1982 91
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 13-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY REPEAL-
ING SECTION 14-70 AND SECTION
14-74 THEREOF, AND BY ENAC-
TING A NEW SECTION 14-70 IN
LIEU THEREOF TO PROVIDE FOR
A LICENSE FEE FOR OPERATION
OF SERVICE STATIONS, presented
and read.
Council Member Beur6kens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer. Kluesner. Kronfeldt.
Nays--None.
ORDINANCE NO. 13-82
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE BY
REPEALING SECTION 14-70 AND
SECTION 14-74 THEREOF, AND
BY ENACTING A NEW SECTION
14-70 IN LIEU THEREOF TO
PROVIDE FOR A LICENSE FEE
FOR OPERATION OF SERVICE
STATIONS.
NOW THEREFORE, be it ordained
by the City Council of the City of
Dubuque, Iowa:
Section l.That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Section 14-70
and Section 14-74 thereof and by
enacting a new Section 14-70 in lieu
thereof as follows:
Sec. 14-70. Fee; Expiration;
Renewal.
"(a) No person shall engage in the
operation of any service station within
the City without first ~ecuring a license
92 Special Sessior, March 10, 1982
or permit therefor, in compliance with
the provisions of this division, and
paying a fee in the amount of ten dol-
lars ($10.00). Effective for each year
beginning July 1, 1982, the fee for such
license or permit shall be in the
amount of twenty-five dollars ($25.00).
(b) The license required by this divi-
sion shail expire on the thirtieth day of
June following the issuance thereof,
and the renewal fee of such license
shall be due July F~rst of each year for
the ensuing year and shall become
delinquent if unpaid by the tenth day
of July each year. A penalty fee of ten
dollars ($10.00) will be added to all
delinquent fees."
PASSED, APPROVED AND
ADOPTED this 11th day of March
1982. James E. Brady
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officiaily in the Telegraph
Herald newspaper this 18th day of
March 1982. Mary A. Davis
City Clerk
It 3/18
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel
Klauer, Kluesner, Kronfeldt.
Nays--None.
There being no further business
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Delch, Hummel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
Approved~ __1982
Adopted __1982
Mayor
Council Members
ATTEST:
City Clerk
Special Session
CITY COUNCIL
OFFICIAL
Special Session, March 15, 1982.
Council Met at 7:30 p.m.,
Auditorium of Public Library.
Present--Mayor Brady, Council
Members Eeurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and
stated that service thereof had been
duly made and this meeting is called
for the purpose to conduct a Public
Hearing to consider establishing the
Old Main Historic Preservation
District and acting upon such other
business which may properly come
before the Council.
Invocation was given by the Rev.
Jim Medlock of the Church of Christ.
PROCLAMATIONS: Weeks of
March 28th and April 4th, 1982 as
"Basic Plus Recognition Weeks"
received by Lesley Stephens; March
18, 1982 as "Agriculture Day" receiv-
ed by Jim Meek.
Proof of publication, certified to by
the publisher, of Notice of Public Hear-
ing to consider designation of the "Old
Main Historic Preservation District"
presented and read.
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, Hammol,
Ktauer, Kluesner. Kronfeldt.
Nays--None.
Council Member Klauer 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
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of United Assn. of
Journeymon & Apprentices of the
Plumbing & Pipe Fitting Industry be-
ing opposed to their property located
at 164 Main St. being placed on the
National Register of Historic Places
and requesting their premises be
removed from any appllcaUlon of in-
tent to the Historical Society,
presented and read.
March 15, 1982 93
Council Member Beurskens moved
to receive and file the petition. Second-
ed by Council Member Klauer. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Tom Reilly, Chairperson of the
Historical Pres. Comm., and Robert
McCoy, business owner, each re-
quested designation be made, stating
it would be good for the City.
Tom Smith of 350 Winona stated if
federal monies are involved to
remember that all such monies come
from the taxpayers.
Marc Boucher of 1898 Vizaleea
stated he was in favor of the designa-
tion.
ORDINANCE NO. 14-82
AN ORDINANCE ESTABLISHING
THE OLD MAIN HISTORIC
PRESERVATION DISTRICT, CON-
TAINING PROPERTIES HEREIN-
AFTER DESCRIBED, PURSUANT
TO REQUIREMENTS OF
CHAPTER 19~A, AS AMENDED, OF
THE CODE OF ORDINANCES,
presented and read.
Council Member Klauer moved that
this reading be considered the first
reading of the Ordinance. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, I-Iammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Klauer 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, I-Iammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 14-82
AN ORDINANCE ESTABLISH-
ING THE OLD MAIN HISTORIC
PRESERVATION DISTRICT,
CONTAINING PROPERTIES
HEREINAFTER DESCRIBED,
PURSUANT 0 REQUIRE-
MENTS OF CHAPTER 19~, AS
AMENDED, OF THE CODE OF
ORDINANCES.
WHEREAS, Chapter 191/~, as
amended, of the Code of Ordinances,
94 Special Session March 15, 1982
City of Dubuque, Iowa provides for
the identification and designation of
historic districts, upon petition or upon
the initiative of the Historic Preserva-
tion CommisE~on; and
WHEREAS, a petition has been
filed with the Historic Preservation
Commission, requesting designation of
such historic district for properties
fronting upon Main Street, from First
Street to Fourth Street; and
WHEREAS, said petition bears the
endorsement of a majority of property
owe/ers and tenants of the area pro-
posed for such designation; and
WHEREAS, the Historic Preserva-
tion Commission has heretofore under-
taken studies of the proposed Old
Main Historic Preservation District in
collaboration with the State Historic
Preservation Officer, and has made a
recommendation in favor of said dis-
trict; and
WHEREAS, the Planning and Zen-
lng Commission has reviewed the pro-
pesal and has found it to be consistent
with general development plans and
zoning regulations pertaining to the
proposed District; and
WHEREAS, the Council has con-
ducted a public hearing on the pro-
posal to designate the properties
hereinafter described as the Old Main
Historic Preservation District, accord-
lng to proviElons of Chapter 19~/z, as
amended, of the Code of Ordinances,
and all provisions and conditions of
said Chapter 19%, as amended, have
been fulfilled.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the properties
hereinafter described are hereby desig-
nated as a historic preservation dis-
trict, according to provisions of
Chapter 19%, as amended, Code of
Ordinances, to wit:
All of City Lots 1 thru 12 inclusive;
and all of City Lots 69 thru 80 inclu-
sive. These properties are all located
in the N.E. V~ of Section 25, T.89N,
R.2E of the 5th P.M., in the City of
Dubuque, Iowa.
fiection 2. That the properties
within said described district shall be
subject to the U.S. Department of
Housing and Urban Development 1977
Guidelines for RehabiBtattng Old
Buildings as adopted by the Historic
Preservation Commission for said
Commission's review procedure that
precedes the issuance of a Certificate
of Appropriateness pursuant to Chap-
ter 191/~, as amended, of the Code of
Ordinances.
PASSED, APPROVED AND
ADOPTED this 15th day of March,
1982.
James E. Brady, Mayor
ATTEST:
Mary A, Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 19th day of
March, 1982.
Mary A. Davis
City Clerk
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting bidding procedures for the
Interim Street Improvements related
to the Dubuque Wisconsin Bridge Pro-
ject, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 57-82
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
fice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate'of the cost of
the Interim Street Improvements
related to the Dubuque to Wisconsin
Bridge.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time'of the final con-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
SpecialSession
structed and done in accordance with
the plans and specificaClons which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from the Road Use Tax Fund and the
State of Iowa.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 15th day of
March, 1982.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved ap-
proval of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 58-82
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs., form
of contract etc. including all items of
material and work required for the In-
terim Street Improvements related to
the Dubuque to Wisconsin Bridge,
with the probable cost of the improve-
ment to be $209,477.44 be hereby ap-
proved and ordered filed in the office
of City Clerk for public inspections
and are to be considered a part of this
resolution.
Passed, adopted and approved this
15th day of March, 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 following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Fixing Date of Hearing)
RESOLUTION NO. 59-82
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
March 15, 1982 95
plans, specifications, and form of con-
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion for the Interim Street Im-
provements related to the Dubuque to
Wisconsin Bridge. and
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 5th day of April,
1982, a public hearing will be held at
7:30 p.m. in the City Council Chambers
at which time interested persons may
appear and be heard for or against the
proposed plans and specifications.
form of contract and cost of said im-
provement, and the City Clerk be and
is hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, which notice shall not be
less than four days nor more than
twenty days prior to the day fixed for
its consideration, and unless in-
terested persons at the time of the
final consideration of the proposed
Resolution of Necessity have filed ob-
jections with the City Clerk, they shall
be deemed to have waived all objec-
tions thereto.
Passed, adopted and approved this
15th day of March, 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Heich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 60-82
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 57-82 which was duly
passed by this Council for the Interim
Street Improvements related to the
Dubuque to Wisconsin Bridge be and
the same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the peti-
tion of property owners. All the work
96 Special Session March 15, 1982
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from the Road
Use Tax Fund and the State of Iowa.
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 shafi not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 13th day of April, 1982. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to
the Council for final action at a
meeting to be held at the Public
Library Auditorium at 7:30 p.m. on
the 19th day of April, 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, approved and adopted this
15th day of March, 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
An ORDINANCE Amending Code
of Ordinances providing that those in-
tersections designated are hereby
declared to be "Stop Intersections"
for all purposes of this section and
vehicles bound in the direction in-
dlcated must stop before entering the
designated intersections, presented
and read.
Council Member Beurskens moved
that the reading just had be con-
~ldered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfcldt. Carried
by the inilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on April 5, 1982 at 7:30 p.m.
in the Council Chambers at 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 Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None,
An ORDINANCE Amending Code
of Ordinances by providing that those
intersections designated are hereby
declared to be "Yield Intersections"
for all purposes of Section 25,
presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of ~he Or-
dlnance. Seconded by Council Member
Kronfeldt. Carried by the fuilowlng
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfcldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfcldt.
Nays--None.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on April 5, 1982 at 7:30 p.m.
in the Council Chambers at City Hall
and that the City Clerk be instructed
to publish notice of the Hearing in the
manner prescribed by !aw. Seconded
by Council Member Kronfeldt. Carried
Special Session
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kinesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending Cod(
of Ordinances providing that when
signs are erected giving notice thereof
drivers of vehicles shall stop at every
intersection before entering 12th St.
east from the W.P.L. of Kerper Blvd.
to E.P.L. of Central Ave. and Garfield
Ave. from E.P.L. of Elm St. to the
S.P.L. of Fengier St., and from the
N.P.L. of Fengler St. to Shiras Ave.
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
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Khiesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dclch, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens move~
that a Public Hearing be held on the
Ordinance on April 5, 1982 at 7:30 p.m.
in the Council Chambers at 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 Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Khiesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending Cod(
of Ordinances providing that when
signs are erected giving notice thereof
no person shall at any time park a
vehicle upon certain streets or parts of
streets, 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
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
March 15, 1982 97
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, KronfeIdt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfledt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on April 5, 1982 at 7:30 p.m.
in the Council Chambers at 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 Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting resolution providing for
the discontinuance of the Park Board
and Playground and Recreation Com-
mission and setting for a public hear-
ing, presenting and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Me~hber Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfcldt.
Nays--None.
RESOLUTION NO. 61-82
Authorizing the Conducting of a
Public Hearing on the Discontinuing
of the Park Board and Playground and
Recreation Commission.
WHEREAS, the City Council of the
City of Dubuque has found and deter-
mined it to be in the best interests of
the City of Dubuque to create a Park
and Recreation Commission to replace
the Park Board and the Playground
and Recreation Commission;
WHEREAS, Section 392.7 of the
Code of Iowa provides that prior to the
dissolution of the Park Board and the
Playground and Recreation Commis-
sion that the City Council shall con-
duct a public hearing on the proposal
after which time such agencies may be
98 Special Sessior, March 15, 1982
discontinued no sooner than thirty
days following the hearing.
NOW, THEREFORE, BE IT OR-
DAINED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the City Clerk shall
publish notice as provided in Section
362.3 of the intent of the City Council
to discontinue the Park Board and the
Playground and Recreation Commis-
sion.
Section 2, That the notice shall be in
the form of Exhibit A attached hereto
and made a part hereof.
Passed, approved and adopted this
15th day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
EXHIBIT A
CITY OF DUBUQUE
NOTICE OF PUBLIC HEARING
The City Council of the City of
Dubuque on March 15, 1982 date
adopted Resolution No. 61-82 propos-
ing to discontinue the Park Board and
the Playground and Recreation Com-
mission.
A public hearing on this proposal
will be conducted by the Dubuque City
Council on April 5, 1982 'in Council
Chambers at City Hall at 7:30 p.m. to
obtain public comment on the pro-
posal,
Mary A. Davis
City Clerk
Council Member Hammel 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, Kluesner, Kronfeldt.
Nays--None.
Petltlon of Thermolyne Corp. re-
questing approval of tax exemption,
presented and read.
Council Member Klauer moved that
the petition be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich. Hammel,
Khiuer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting documents providing for
public hearing for property tax exemp-
tion on new construction for Thermo-
lyne Corp.. presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
An ORDINANCE Providing for
prior approval of Tax Exemption for
new construction for Thermolyne
Corp., presented and read.
Council Member Klauer moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Deich. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner. Kronfeldt.
Nays--None.
Council Member Klauer moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
in taken, be dispensed with. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel.
Klauer, Khiesner, Kronfeldt.
Nays--None.
Council Member Klauer moved that
a Public Hearing be held on the Or-
dinance on April 5, 1982 at 7:30 p.m. in
the Council Chambers at the City Hall
and that the City Clerk be instructed
to publish notice of the Hearing in the
monner prescribed by law. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Khiuer, Khiesner. Kronfeldt.
Nays--None.
CommunicaUwn of City Manager re-
questing an amendment to Ther-
molyne Option for McAleece Field Pro-
perty, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt; Carried by the
following vote;
Yeas--Mayor Brady, Council Mem-
bers Benrskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 62-82
A Resolution Amending an Option
Special Session
Agreement with Thermolyne Corpora-
tion
WHEREAS. Resolution No. 121-78
provided for adoption of an Option
Agreement as Exhibit "A", thereto,
by and between the City of Dubuque,
Iowa and Thermolyne Corporation of
Dubuque, Iowa pertaining to property
described as Lot i of Block 2 in "River
Front Subdivision No. 3" in the City of
Dubuque, Iowa; and
WHEREAS, the parties to said Op-
tion Agreement now desire to amend
such Option Agreement, specifically
Section 4 thereof;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Option Agree-
ment known and referred to as Exhibit
"A" to Resolution No. 121-78 be and
the same is hereby amended by repeal-
in~ Section 4, thereof, and by adopting
a new Section 4, in lieu thereof, as
follows:
"Section 4. That in the event the op-
tion purchase provided for in this
Agreement is exercised by the Op-
tionee, the Optionee agrees to com-
mence improvement of the property
within one (I) year from the date of
delivery of deed, it being understood
that such improvement may consist
of construction of industrial facili-
ties, or of other facilities, including
parking areas, necessary to support
expansion of Optionee ' s manufactu~
lng plant on adjacent property."
Section 2. That the foregoing
Amendment to the Option Agreement
shall be incorporated into the Option
Agreement known and referred to as
Exhibit "A" to Resolution No. 121-78
and the Mayor and City Clerk be and
they are hereby authorized to execute
said Amendment to said Option
Agreement for and on behalf of the
City of Dubuque, Iowa.
Passed, approved and adopted this
15th day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution setting
Hearing for April 5, 1982 at 7:30 p.m.
in the Council Chambers. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
March15,1982 99
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Per verbal request from Dan Nelson,
the Petition of Dan Nelson requesting
to address the Council relative to the
Dubuque Marina, withdrawn from the
Agenda.
Communication of City Manager
submitting alternative regarding the
petition of Richard Leppert to relocate
alley behind 3669 Hillcrest, presented
and read.
Council Member Klauer to instruct
staff to pursue negotiations with Mr.
Pfohl for purpose to construct and/or
align the alley in proper place.
MOTION DIED FOR LACK OF A
SECOND.
Council Member Beurskens moved
to deny the petition. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Khiesner, Kronfeldt.
Nays--Council Member Klauer.
Communication of City Manager re-
questing to intitate Eminent Domain
Proceedings to acquire two easements
relating to the construction of the
Resurrection Church Sanitary Sewer,
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,
Khiuer, Kluesner. Kronfeldt.
Nays--None.
RESOLUTION NO. 63-82
WHEREAS, the City of Dubuque
has been negotiating with the owners
of record of those properties traversed
by the Resurrection Church Sanitary
Sewer; and
WHEREAS. the City of Dubuque
has not been successful in its attempts
to negotiate a sale and purchase price
on all the easements required for the
construction of the Resurrection
Church Sanitary Sewer; and
WHEREAS, the City of Dubuque
finds and determines that Eminent
Domain Proceedings should be in-
stituted to acquire said easements.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
100
Special Session March 15, 1982
City of Dubuque, Iowa:
Section 1. That Eminent Domain
proceedings be instituted forthwith by
the City of Dubuque, lowo, for the ac-
quisitlon of sanitary ~ewer easements
through Block 13A of Key Knolls Sub-
division and Lot I of Block I of Sunset
Park Subdivision No. 3, for the con-
struction of the Resurrection Church
Sanitary Sewer, and that the Co~
porate Counsel be directed to institute
said Eminent Domain Proceedings for~
thwith for and on behalf of the City of
Dubuque, Iowa.
Section 2. That the Corporate
Counsel be and is hereby directed and
empowered to do any and ali things
necessary and incidental to said Emi~
nent Domain proceedings.
Passed, approved and adopted this
15th day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member De/ch moved adop-
t/on of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Delch, Hamme]
Klauer. Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing authorization of a request for
release of funds for certain Communi-
ty Development Block Grant Projects,
presented and read.
Council Member Deich moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, De/ch, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 64-82
A Resolution Authorizing Submission
of a Request for Release of Funds for
Certain Community Development
Block Grant Projects
WHEREAS, the City of Dubuque,
in conformance with the Environmen-
tal Review Procedures for the Com-
munity Development program, con-
vened anTad hoc committee on July 14,
1976 which completed an Environmen-
tal Assessment of the following/den-
t/f/ed project to be funded in the Com-
munity Development Block Grant:
Miscellaneous Public Improvements
including Street, Alley, Curb Repair
and Replacement, Lighting, and
Signage; and
WHEREAS, pursuant to Resolution
No. 246-76, adopted July 19. 1976,
Public Notice of a "Funding of No
Significant Effect on the Environ-
ment'' for the project above was
published July 20, 1976, in the Dubu-
que Telegraph Herald, a newspaper of
general circulation, and provided for a
public comment period until 12:00
Noon, Monday, August 16, 1976, and
notice of opportunity to review the
project was published on February 24,
1982, in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 Noon, Friday.
March 12, 1982; and,
WHEREAS. the City of Dubuque
convened an ad hoc committee on June
23, 1976 which completed an En-
vironmental Assessment of the follow-
mg projects to be funded in the Com-
munity Development Block Grant:
Residential Rehabilitation Loan &
Grant Program in Community De-
velopment Projects Areas
Emergency Home Repair in Com-
munity Development Project Areas
Tool Lending Library sponsored by
Washington Tool Library, Inc., a
non-profit corporation
Residential Relocation/Demolition;
and
WHEREAS, pursuant to Resolution
No. 240-76 adopted July 6, 1976,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for projects above was publish-
ed July 7, 1976~ in the Dubuque
Telegraph Herald, and provided for a
public comment period until 12:00
Noon, Friday, July 30, 1976, and
notice of opportunity to review for the
projects was published on February
24, 1982 in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 Noon, Friday,
March 12, 1982; and
WHEREAS, the Cityof Dubuque
convened an ad hoc committee on June
12, 1978 which completed an Eh-
vironmental Assessment of the follow-
lng project to be funded in the Com-
munity Development Block Grant:
Housing Code Enforcement; and
WHEREAS, pursuant to Resolution
No. 210-78 adopted June 19 1978,
Special Session March 15, 1982
101
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the project above was
published June 20, 1978, in the Dubu-
que Telegraph Herald and provided for
a public comment period until 12:00
Noon, Friday, July 7, 1978, and notice
of opportunity to review the project
was published on February 24, 1982 in
the Dubuque Telegraph Herald and
provided for a public comment period
until 12:00 Noon, Friday, March 12,
1982; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
11, 1980 which completed an En-
vironmental Assessment of the follow-
lng project to be funded in the Com-
munity Development Block Grant:
Operation Paintbrush; and
WHEREAS, pursuant to Resolution
No. 292-80 adopted June 16, 1980,
Public Notice of a "Finding of No
Significant Effect on the Environ-
menU' for the project above was
published June 17, 1980, in the Dubu-
que Telegraph Herald and provided for
a public comment period until 12:00
Noon, Monday, July 7, 1980, and
notice of opportunity to review for the
project was published on February 24.
1982, in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 Noon, Friday,
March 12, 1982; and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on
the Environment" for the projects was
sent by regular mail to various federal,
state and local public agencies and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
such a Public Notice; and,
WHEREAS, any and all objections,
if any, to such proposals have been du-
ly considered; and
WHEREAS, it is the intent of the
City Council to authorize the submis-
sion of a request to the U.S. Depart-
ment of Housing and Urban Develop-
ment for the release of funds to carry
out the above-identified projects:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the Environmental
Review Record for each of the projects
shall continue to remain on file in the
Office of the City Clerk, where said
records may be examined and copied
by any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment five (5) days after receipt from
HUD of approved application for FY
1983 Block Grant funds, a request for
release of funds to undertake the said
projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible Federal official under the
National Environmental Protection
Act, insofar as the provisions of the
said Act apply to tke U.S. Department
of Housing and Urban Development's
responsibilities for review, decision-
making, and action assumed and ca~
fled out by the City of Dubuque as to
environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the en-
vironmental review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed
to publish a public notlee for a Request
for Release of Funds and Certification
in the form of Exhibit "A" attached
hereto and made a part hereof
Passed, approved and adopted this
15th day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member De/ch moved adop-
t/on of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing authorization for publication
of an Environmental Assessment
Review Finding for the llth Street
102 Special Session March 15, 1982
tal Assessment, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 65-82
A Resolution Authorizing Publication
of Notice of Environmental Review
Findings for a Certain Community
Development Block Grant Project
WHEREAS, the City of Dubuque
will be entering into a Grant Agree-
ment for Fiscal Year 1983 with the
U.S. Department of Housing and Ur-
ban Development, providing for finan-
cial assistance to the City under Title I
of the Housing and Community
Development Act of 1974, as amend-
ed; and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Ur-
ban Development, an environmental
review has been processed for the pro-
ject hereinafter to be described to be
financed with Community Develop-
ment Block Grant funds; and
WHEREAS, after due considera-
tlon, a determination has been made
that the project is not a major federal
action significantly affecting the quali-
ty of the human environment;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed
to publish a "Notice of Finding of No
Significant Effect on the Environ-
ment'' for the following identified pro-
jeer, and to make the Environmental
Review Record for said project
available for public inspection. Such
notice shall be in the form of Exhibit
"A" attached hereto and made a part
hereof
Eleventh Street Roadway
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of April 5,
1982, authorizing the submission of a
request to the U.S. Department of
Housing and Urban Development, to
undertake the project.
Passed, approved and adopted this
15th day of March, 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-
bets Beurskens. Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting resolution to change effec-
tire date of Annual Contributions
Contract Section 8 Moderate
Rehabilitation Project-25 Units,
presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 66.82
Resolution Authorizng Execution of
Amendment No. I to Annual Contribu-
tions Contract No. KC-9004 Project
No. IA05-K087-002 - 25 Units Section 8
Moderate Rehabilitation Housing
WHEREAS, the City of Dubuque,
Iowa, proposes to enter into an amend-
ment to a revised Annual Contribu-
tions Contract (A.C.C.) wlth the
United States of America (Govern-
ment) regarding Project IA05-
K087-002;
Be It Resolved by the City Council
of the City of Dubuque, Iowa:
Section 1. The Amendment No. i in
substantially the form of amendment
hereto attached is approved and ac-
cepted both as to form and substance;
Section 2. The Mayor of Dubuque is
authorized and directed to execute
said Amendment in two copies on
behalf of the City of Dubuque, and the
City Clerk is authorized to impress and
attest the official seal of the City of
Dubuque on each, and the Director of
Community Development is directed
to assure delivery to the Government
in a timely manner;
Section 3. This resolution shall be el-
fective immediately this fifteenth day
Special Session, March 15, 1982 103
Ision for Beer Permit of the Oil Depot
be suspended for a period of 30 days,
presented and read.
Paul Fahey, as manager of the Oil
Depot objected to possible suspension
of March, 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
Section 27-37 in lieu thereof providing
for the use of intoxicating beverages in
Public Parks (requested by Mayor
Brady), presented and read.
Council Member Klauer moved that
this be considered the first reading of
the Ordinances, 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, that there by final adoption of
this Ordinance. Seconded by Council
Member Deich.
NO ROLL CALL TAKEN.
Council Member Deich moved that
this matter be tabled and referred to
the Park Board for their study and in-
put and return to the Council within a
two month period. Seconded by Coun-
cil Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer.
Nays--Council Member Khiesner.
Kronfeldt.
Communication of Robert
Lehnhardt, Chairman of the Cable
Community Tele-Programmlng Com-
mission requesting Council declare
Mr. C. George Biasi's seat vacant on
said commission due to lack of atten-
dance at meetings, presented and read.
Council Member Hammel moved
that the communication be received
and filed and concur with the request
to declare the seat vacant and the
Clerk directed to advertise the vacan-
cy. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Assistant City
Attorney Blum recommending suspen-
because he was not aware that permit
was in jeopardy and had taken several
steps to keep his employees from sell-
ing beer to minors.
Assistant City Attorney Blum gave
further specifics of this matter.
Council Member Hammel moved
that they hold a Hearing on this mat-
ter and suspend the perwlt for one
rear. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel further
moved that this Hearing be scheduled
for April 12, 1982 with the date and
notice to be sent. Seconded by Council
Member Delch. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 67-82
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 cc-
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 "C" BEER PERMIT
Will-Co. Inc. 805 W. 5th St.
(Also Sunday Sales)
Passed, adopted and approved this
15th day of March 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
104
Special Session, March 15, 1982
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Hammel.
Minutes Submitted: Community
Development Commission of 3-9; Dock
Board of 2-11; Electrical Examining
Board of 3-9; Five Flags Commission
of 2-22; Mechanical Board of 3-2; P & Z
Commission of 2-17; Zoning Board of
Adjustment of 2-18; presented and
read.
Council Member Klauer moved that
the minutes be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Notices of Claims/Suits: Milton
Boyes in amount of $79.94 for tire
damages; Wm. J. Kelly, IV. in
estimated amount of $168.92 for car
damages; Wm. & Jeannette Luerkens
in estimated amount for personal in-
juries; Roger C. Sherman in unknown
amount for personal injuries; Karen
Werdimont, in amount of $74.74 for
rim and car damages; Charles Denl-
inger in amount of $124.35 for backed-
up sewer damages; Taylor Rental Cor-
poration vs. 1st National Bank & City
of Dubuque for default of installment
note, presented and read.
Council Member Klauer moved that
the claims and suits be referred to the
Corporation Counsel for investigation
and report. Secbnded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending denial of car
damage claim of George W. Kress,
presented and read.
Council Member Klauer moved that
the communication be received and
filed and denial approved. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communications of Corporation
Counsel recommending settlement of
tire damage claim of Sister Mary
Roger Moes in amount of $70.41;
recom~nending settlement of tire
damage claim of Roger Massey in
amount of $72.55, presented and read.
Council Member Klauer moved that
the communications be received and
filed and that the settlements be ap-
proved and that the Finance Director
should issue the proper check. Second-
ed by Council Member Deich. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Refunds Requested: Roger Hofland
in amount of $25 for unexpired
Cigarette License, presented and read.
Council Member Klauer moved that
the refund be approved and Finance
Director to issue proper check.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of U.S. Army Corps
of Engineers advising Iowa DOT has
applied for a Dept. of the Army permit
to perform work in conjunction with
the removal of the Eagle Point Bridge,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich moved that
the Manager be directed to draft a
communication to the Iowa DOT as to
their intent to redeck the floor of the
Julien Dubuque Bridge within one
year. 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
submitting monthly reports for month
of February, 1982, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Deich. Carried by the renewing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamm~l,
Klauer, Kluesner, Kronfeldt.
Special Sessior
Nays--None.
Tom Reilly of the Historic Preserva-
tion Commission gave an update as to
the progress of the Girls' Club possible
renovation.
Tom Smith of 350 Winona stressed
the idea that parks should be kept
open to everyone without a fee and
that students should be approached ill
a positive manner so as to ~ut down on
vandalism.
Lowell Davis of 3138 Shiras re-
quested that the back gate of Eagle
Point Park be closed at 8 p.m. to cut
down on noisy traffic.
There being no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved __1982
Adopted 1982
Mayor
Council Members
ATTEST:
City Clerk
March 15, 1982
105
106
Special Session, March 22, 1982
CITY COUNCIL
OFFICIAL
Special Session. March 22, 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, Cot-
potation Counsel Barry A. Lindahl.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to conduct a Public
Hearing to consider an Amendment to
the Lease between the City of Dubu-
que and Dubuque Dock Company and
acting upon such other business which
may properly come before the Council
Invocation was given by Rev. Ed-
ward L. Novak of St. PeteFs Lutheran
Church.
Proclamation: March 24th thru
April 4th as "Knights of Columbus
Week" received by Elmer Knails.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich,
Kiauer, Klnesner, Kronfeidt.
Nays--None.
Proof of publicatlon, certified to by
tlie Publisher, of Notice of Public
Hearing to consider an Amendment to
the Lease between the City of Dubu-
que and Dubuque Dock Co., presented
and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 68-82
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published on March 12, 1982 in
the City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa
met on the 22nd day of March. 1982 in
the Public Library Auditorium, llth
and Locust Streets, Dubuque, Dubu-
que County, Iowa to consider an
Amendment to the Lease by and bet-
ween the BOARD OF DOCK COM-
MISSIONERS of the City of Dubu-
que, Iowa and the DUBUQUE DOCK
COMPANY which amendment is in-
tended to correct a minimum wharfage
deficiency in the original lease and
agreement between the parties, dated
February 11, 1963, a copy of which
hereto attached and by
reference made a part hereof; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to said Agreement to
Lease;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the proposal to enter
into an Agreement to Lease by and
between the BOARD OF DOCK COM-
MISSIONERS of the City of Dubu-
que, Iowa and the DUBUQUE DOCK
COMPANY, which amendment is
tended to correct a minimum wha~
rage deficiency in the original lease
and agreement between the parties,
dated February 11, 1963 be and the
Section 2. That the Mayor and City
Clerk be and they are hereby authoriz-
ed to execute said Amendment to
Lease for and on behalf of the C~ty of
Dubuque, Iowa.
Section 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the office of
the Dubuque County Recorder and the
office of the City Assessor.
Passed, approved and adopted this
22nd day of March, 1982.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kiauer, Kluesner, Kronfeldt.
Nays--Non~.
Communication of~ Park Dept.
Special Sessior
employees requesting to address the
Council to express their appreciation
regarding the budget process,
presented and read.
Mike Sullivan of the Park Dept.
staff read the communication.
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.
Communication of City Manager
submitting resolution providing for
the Iowa DOT funding for three in-
tersection improvements relating to
the reconstruction of 11th Street from
Central Avenue to Kerper Blvd.,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 69-82
Resolution Authorizing Execution of
an Agreement Between the City of
Dubuque, Iowa, and the Iowa Depart-
ment of Transportation Relating to
Traffic Signal Installations at White
and Eleventh Street, Central Avenue
and Eleventh Street, and Construction
of the Northwest Radius at the In-
tersection of Central Avenue and
Tenth Street.
That the attached Agreement
#82-U-017 of the Iowa Department of
Transportation, two copies of which
are attached, be approved and that the
Mayor and City Clerk be and they are
hereby authorized and directed to ex-
ecute the agreement for and on behalf
of the City Council.
Passed, approved and adopted this
22nd day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution, Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
.March 22, 1982 107
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting an Ordinance which
diminates all references in the Code of
Ordinances to Petrakis Park,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt.
Nays--Council Members Hammel,
Klauer.
An ORDINANCE Amending Code
of Ordinance by repealing Division 4 of
Article III comprised of Sections
27-86 through 27-95 providing for the
elimination of Petrakis Park as a
Municipal Athletic Field, presented
and read.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with, and moved
final adoption of the Ordinance.
Seconded by Council Member Beur-
skens. Vote on the motion was as
follows:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Kluesner,
Kronfeldt.
Nays--Council Members Hammel,
Klauer,
MOTION FAILED DUE TO %
VOTE REQUIRED.
Council Member Kronfeldt moved
that ~his reading be considered the
first reading of the Ordinance. Second-
ed by Council Member Deich. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich,' Kluesner,
Kronfeldt.
Nays--Council Me~hbcrs Hammel,
Klauer. ~
Communication of Historic Preser-
vation Commission requesting an ap-
pointment to their commission
representing the Old Main District,
presented and read.
Council Member Klauer moved that
the communication be received and
filed and the request approved.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
108 Special Session March 22, 1982
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 70-82
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.
Mike Bower & Bill Lynch
1064 University Ave.
Passed, adopted and approved this
22nd day of March, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 71-82
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 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
Dubuque JayCees 1023¼ Main
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Earl Edmund Schumacher
2204 Central Ave.
(Also Sunday Sales)
Passed, adopted and approved this
22nd day of March, 1982.
Jaines E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 72-82
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-
cupled 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 tlie City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Sandra L. Harris 1027 Rhomberg
Randall R. Rick & Michael B. Weber
3670 Central Ave.
James R. Winders 1701 Central
Passed, adopted and approved this
22nd day of March 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Airport
Commission of 3-8; Cable Commission
Tele-Programming Commission of 3-9;
Regulatory Commission of 3-10;
Playground & Recreation Commission
of 2-15 & 3-8; Public Library of 2-16 &
2-22; Park Board of 2-25 & 3-9,
presented and read.
Council MEmber Klauer moved that
the minutes be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
voLe~
Special Session
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None,
Petition of Gary L. Ruden sug-
gesting lowering current eastbound
speedlimits on Dodge St. from Grand-
view to Locust Streets due to the
degree of unsafe curves and grades
there, presented and read.
Council Member Klauer moved that
the petition be referred to the City
Manager. Seconded by Council
Member Kornfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS/SUITS:
John Baumgartner, in estimated
amount of $491.64 for car damages;
Franklin A. Lateen, Jr. in amount of
$106.61 for car damages; Robert
Neuwoehner, in amount of $91.05 for
car damages; Norbert J. Steger in
amount of $93.44 for car damages,
presented and read.
Council Member Klauer moved that
the claims be referred to the Corpora-
tion Counsel for investigation and
report. 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 Corporation
Counsel recommending settlement of
car damage claim of Milton Boyes in
amount of $79.94, presented and read.
Council Member Klauer moved that
the communication be received and
filed and settlement be approved and
Finance Director to issue proper
check. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending denial of car
damages claim of Mary Terry,
presented and read.
Council Member Klauer moved that
the communication be received and
filed and the denial approved. Second-
ed by Council Member Kronfeldt. Car-
ried by the following vote:
March 22, 1982 109
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communciation of James H.
Reynolds withdrawing his application
for Corporation Counsel for City of
Dubuque, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Refunds Requested: Joyce J. Hart &
John R. Lammer, $25 on unexpired
Cigarette Permit; Gerald Richter, $25
on unexpired Cigarette Permit,
presented and read.
Council Member Klauer moved that
the refunds be approved and the
Finance Director to issue proper
checks. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kron[~ldt.
Nays--None.
Proof of publication of Notice of Fin-
ding of No Significant Effect on the
Environment for project to be under-
taken under Title I of the Housing and
Community Development Act of 1974,
presented and read.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Dubuque Golf and Coun-
try Club requesting to display
fireworks on July 4, 1982 at their
grounds, presented and read.
Council Member Klauer moved that
the petition be received and filed and
the petition approved and refer to the
City Manager for implementation.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
110 Special Sessior, March 22, 1982
Communication of American Trust
& Savings Bank advising of the ap-
pearance of the American Trust Pops
Band and planning four concerts for
year 1982, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, I-lammel,
Klauer, Kluesner, Kroufeldt.
Nays--None.
Communication of City Manager
questing City Clerk be authorized to
publish notice that summary of the
budget as adopted be made available
for public inspection, presented and
read.
Council Member Klauer moved that
the communication be received and
filed and approved publication of
notice. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communiation of City Manager sub-
mitting the impact of the Arbitration
Award between the City of Dubuque
and the Amalgamated Transit Union,
presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communications of Auleen
Eberhardt and Sr. Constance Gullian
PBVM, expressing appreciation of
Council for actions taken regarding
the Budget adopted for FY 83,
presented and read.
Council Member Klauer moved that
the conununications be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Iowa DOT sub-
mitring copy of the Final Envlronmen-
tel Impact Statement for proposed re-
located US 61 project at Dubuque and
advising thirty day review period will
expire on April 19, 1982, presented
and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Kronfeldt, Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
City Manager Gearhart presented
the revised detailed and C.I.P. Budget.
There being no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved__ 1982
Adopted . 1982
Mayor
Council Members
ATTEST:
City Clerk
Special Session,
CITY COUNCIL
OFFICIAL
Special Session, March 29, 1982.
Council Met at 6:30 p.m., Council
Chambers, City Hall.
Present--Mayor Brady, Council
Members Hmnmel, Klauer, Kluesner,
Kronfeldt, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry
A. Lindahl.
Absent--Council Member Beur-
skens.
Absent at Roll Call: Council Member
Deich.
Mayor Brady read the call and
stated that service thereof had been
duly made and this meeting is called
for the purpose TO CONDUCT IN-
TERVIEWS FOR THE POSITION
OF CORPORATION COUNSEL FOR
THE CITY OF DUBUQUE, IOWA.
Council granted the City Manager's
request to be excused from the
meeting.
Council Member Deich entered the
Council Chambers at 6:38 p.m.
Council conducted an interview for
the position of Corporation Counsel
with Barry A. Lindahl.
Council recessed at 7:38 p.m.
Council reconvened at 8:15 p.m.
Council conducted an interview for
the position of Corporation Counsel
with Dennis J. Naughton.
Council recessed the meeting to 6:30
p.m., March 30, 1982,
Council reconvened the meeting
March 30, 1982 at 6:30 p.m.
Council Member Hammel was ab-
sent.
Council conducted an interview for
the position of Corporation Counsel
with Harley Stark, Jr.
There being no further business,
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Kluesner, Kronfeldt.
Nays--None.
Absent--Council Member Hummel.
Mary A. Davis
City Clerk
Approved 1982
Adopted 1982
March 29; 1982
111
Mayor
Council Members
City Clerk