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1986 November Council ProceedingsRegular Session ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Krnnfeldt. FINAL ESTIMATE RESOLUTION NO. 239-86 WHEREAS, the contract for the Structural Modifications to the Transit Garage with M.P. Kluck & Sons, Inc. has been completed and the architec- tural/engineering firm of Durrant Group, Inc. has submitted its final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $11,502.00 and that said improvement shall be paid from the Capital Improve- ment Program of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. Communication of Planning & Zoning Commission requesting a joint Work Session with City Council regarding development plans in the 4th Street Peninsula and Ice Harbor area and fur- ther requesting this Work Session be held within the next 60 days, presented and read. Council Member Simon mov- ed that the communication be referred to the City Manager and Staff to prepare a meeting a 7 P.M. on Monday, Nov. October 20, 1986 24th in the Library, and include the Planning and Zoning Commission and .he Historic Preservation Commission. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of Ron Smith Construction requesting approval to excavate on John F. Kennedy Read, for the purpose of pco- riding water service to a new building at 1745 John F. Kennedy Road, presented and read. Council Member Simon moved to approve the petition. Seconded by Council Member Mmmlng. Vote on the motion was as follows: Yeas--None. Nays--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. PETITION DENIED. There being no further business. Coun- all Member Deich moved to adjourn. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 9:01 P.M. Mary A. Davis City Clerk Approved 1987 Adopted _ 1987 James E. Brady. Mayor Council Members ATTEST: City Clerk 395 Regular Session, November 3, 1986 OFFICIAL Regular Session, November 3, 1986. Council met at 7:30 P.M, Public Library Auditorium. Present: Council Members Deich, Klueaner, Krieg, Kronfaldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Mayor Brady. Mayor Pr~-Tem Kluesner read the call and stated that this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may proper- ly come before the Cnnncil. INVOCATION was given by Elizabeth Pigg, Assistant Minister of the First Congregational United Church of Christ. PROCLAMATIONS: Week of November 9-15 as "Adult Continuing Education Week" received by Inca Schilling of Clarke College; Month of November as "Alzheimer Disease Public Awareness Week" received by Sister Dolores Schneider of Stonehill Care Center; November 15th as "Gary Olsen Appreciation Day" received by Gary Olsen; Week of November 3-9, 1986 as "National Radiologic Technology Week" received by Ruth Arlen. Council Member Deich moved to sue- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner Council Members Deich, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing, to rezone portion of property in the 5200 Block of Pennsylvania Avenue west of Radford Road from AG to C-2 and CS Districts) presented and read. There the Hearing. Council Member Simon moved that the Proof of publication be received and filad~ Seconded by Council Member Dalch. Ca~'ied by tbe Iollowing Yeas--Mayor Pro-Tern Kluesner, Co~ncil Members Delch, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Northrunge Assn. members Bill Byrne & Sam Pusateri requested sup- port of zoning change. Walt McFadden, 5580 Middle Road objected to rezoning request. ORDINANCE NO. 87-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING tHAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A,~HEREOF, ALSO KNOWN AS THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSI- FYING HEREINAFTER DESCRIBED ~ROPERTY IN THE 5200 BLOCK OF PENNSYLVANIA AVENUE WEST OF RADFORD ROAD FROM AG AGRICULTURAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT AND CS COM- YiERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS, said Ordinance having been presented and read at the Council Meeting of October 20, 1986, presented for final adoptinn. Council Member Simon moved final adoption of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Delch, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 87-86 AN ORDINANCE OF THE CITY OF J rlt~TTQttE t~WA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING AppENDIX A THEREOF, ALSO KNOWN AS TIlE "ZONiN© ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAFTER DESCRIBED AG AGRICULTURAL DISTRICT TO C-2 NEIGHBORHOOD SHOP- PING CENTER DISTRICT AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS. 397 Regular Session, November 3, 1986 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, be amended by revising thereof, also known as the Ordinance and Zmfing Map of the City of Dubuque, Iowa" to reclassify hereinafto r described property from AG Agricultural to C-2 Neighborhood Shopping Center District, with condi- tions, to wit: The southerly 225 feet of Lot 1 of the subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Block 2 of Nortin'ange Industrial park; and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Block 2 of Northrange Industrial Park; all in the City of Dubuque, Iowa. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, e amended by revising Appendix A tb~erecf, also known as the "Zoning Ordinance and Zoning Map of the City ...... Iowa" to reclassify hereinafter described property from AG Agricultural District to CS Commer- cial Service and Wholesale District, with conditions, to wit: Lot 1 of the subdivision of Lot I of Lot t of Lot I of Lot i of Block 2 of Nectbeange Industrial park, except for the southerly 225 feet thereof, all in the City of Dubuque, Iowa. Section 3. That the above described reclassification to C-2 Neighborhood Shopping Center District and CS Commercial Service and Wholesale District shall include the hereinafter described conditions to which the prop- erty owner, Northrange Association, Inc., has agreed in writing prior to the public hearing: A. A thirty foot building setback will be established on the west and north property lines of Lot i of the subdivi- sion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Block 2 of Nortbeange Industrial park. B. That the westerly boundary con- tain appropriate tree plantings with species of mature height of a minimum of eighty feet be provided on Lot i of the subdivision of Lot 1 of Lot 1 of Lot I of Lot I of Block 2 of Northrange Industrial Park within twelve months after a Building permit has been obtained. Section 4. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Section 5. That the Mayor and City Clerk of the (~ty of Dubuque, Iowa certify and file tins Ordinance, after its passage, with the County Recorder of Dubuque County, Iowa, and the Recorder shall enter this Instrument of Record. PASSED, APPROVED, and ADOPTED this 3rd day of November, 1986. Lotus J. Kinesner Mayor Pro-Tern ATTEST: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 87-86 I, the undersigned, William J. Byrne, Secretary of Northrange Association, Inc., having read the terms and condi- tions of the foregoing Ordinance No. 87-86 and being familiar with the con- ditions thereof, hereby accept the same and agree to the conditions required therein for the reclassification of prop- m'ty in the 5200 block of Pennsylvania Avenue west of Radford Road from AG Agricultural District to C-2 Neigh- borhood Shopping Center District and CS Commercial Service and Wholesale District. Dated at Dubuque, Iowa this 3rd day of November, 1986. /s/William J. Byrne Secretary Northrange Associatlan, Inc. Published officially in the Telegraph Herald newspaper this 10th day of November, 1986. Mary A. Davis City Clerk Proof ot publication, certified to by the Publisher, on Notice of Public Hearing to reclassify property at the NE corner of J.F,K. Road and Foothill Drive from R-3 to C-2 District AND Communica- tion of Delos Dorweiler objecting to zon- ing reclassification, presented and read. Council Member Kronfaldt moved that the proof of publication and communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Kranfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Bob Molo, 1170 Rockdale Road re- quested approval for the rezoning. ORDINANCE NO. 88-86 AN ORDINANCE OF THE CITY OF DUBUQUE, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF 398 Regular Session, DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZON- ING MAP OF THE CITY OF DUBU- QUE, IOWA!' BY RECLASSIFYING HEREINAFTER DESCRIBED PRO- PERTY AT THE NORTHEAST COR- NER OF J.F. KENNEDY ROAD AND FooTHILL DRIVE FROM R-3 MULTI-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD November 3, 1986 CommiSsion of the City of Dubuque, iowa. ?ASSED,APpROVED and ADOPTED tbls 3rd day of November, 1986. Loras J. Kinesner Mayor Pro-Tem ATTEST: Mary A. Davis, City Clerk Published officlaily in the Telegraph Herald newspaper this 7th day of November, 1986. Mary A. Davis SHOPPING CENTER, said Ordinance City Clerk having been presented and read at the It 11/7 Petition of Hillcrest Family Services Council Meeting of October 20, 1986, presented for final adoption. Council requestingaPublicHearingbeechedul' Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Kinesner, Council Members Deich, Krieg, Kranfaldt, Manning. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 88.86 AN ORDINANCE OF THE CITY O]~ DUBUQUE, IOWA, pROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "THE ZONING ORDINANCE AND ZON- ING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSI- FYINGHEREINAFTER DE- SCRIBED pROPERTY AT THE NORTHEAST cORNER OF J.F. KENNEDY ROAD AND FOOTHILL DRIVE FROM R-3 MULTI-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD sHOPPING CENTER DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- ~mnces of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zom g Ordinance and Zoni,n,g Map of the City of Dubuque, Iowa · by reclassifying hereinafter described property from "R-3 Multi-family Residential Dis- trict'' to "C-2 Neighborhood Shopping Centor District", to wit: Lot 1 of Lot 2 of Asbury Springs Subdivision Number 5 in the City of Dubuque, Iowa. Section 2. That the foregoing ed as soon as possible regarding a zon- ing matter for their property, AND Communication of Planning and Zoning Commission requesting Council to con- sider setting a Public Hearing this even- lng on an amendment to the Conceptual Development Plan for the Hillcrest Family Services' ID Institutional District to 2005 Asbury Road ICanm~is- sion will submit their findings and recommendation to the Council follow- lng their Nov. 5th Public Hearing), presented and read. Council Member Kronfeldt moved that the petition and communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Pro-Tern Klueaner, Council Members Deich, Krleg, Kranfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. An ORDINANCE providing that the Code of Ordinances be amended by revising Appendix A thereof, by approv- ing an Amendment to the Conceptual Devalopment Plan for the Hillcrest Family Services ID Institutional District at 2005 Asbury Road, presented and read. Council Member Kronfaldt ~ that this be considered the first reading of the Ordinance, and the re- quirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted by suspended and further mov- ed that a Public Hearing be held on the proposed Ordinance on the 17th day of November, 1986 at 7:30 p.m. in the P~blic Library Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law. Seconded by Council Member Sbnon. Carried by the following vote: 399 Regular Session, November 3, 1986 Yeas--Mayor Pro-Tem Khieaner, Council Members Deich, Krleg, Kronfaldt, Manning, Simon. Nays--None. Absent--Mayar Brady. Petition of Steve Smith requesting to address the Council regarding the ac- quisition of water service at 1745 John F. Kennedy Road, presented and read. Steve Smith requested the Council to reconsider their action of October 20th and approve the request to excavate in- te Kennedy Road to enable the water hookup at his new building on Kennedy Road. Council Member Deich moved to receive and file the petition. Seconded by Council Member Simon. Council Member Kranfaldt moved to amend the motion to allow Mr. Smith to proceed with implementing water to his proper- ty. Seconded by Council Member Simon. No vote taken on the amendment. Court- cil Member Delch moved to table this matter so that Staff can see what can be done regarding tunneling and hook- lng up with neighbors. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Pro-Tem Klueanar, Council Members Deich, Krieg, Kronfaldt. Nays--Council Members Manning, Simon. Absent--Mayor Brady. Council Member Kranfeldt moved that they reconsider the tabling action. Seeonded by Couac~l Member ManvSng. Carried by the following vote: Yeas--Mayor pre-Tern Khiesner, Councii Member~ Krieg, Kronfeldt, Seconded by Council Member Manning. Vote on the motion was as follows: yeas--Canncll Members Kronfaldt, Manning, Simon, Council Members Dalch, Krieg. MOTION FAILED. Vote on the orlglnal motion to receive Yeas--Connc'd Members Deich, Krieg, Kronfeldt, Simon. Nays--Council Member Manning. Absent--Mayor Brady. Communication of City Manager sub- mltting Ordinance providing for the r~ adoption of the City Cede of OrdinanCeS as required by Section 380:8 of the Iowa Code, presented and read. Council Member Simon moved that the com- munication be received and filed. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Kluasnar, Council Members Krleg, Kronfeldt, Manning, Simon. Nays--Canncll Member Deich. Absent--Mayar Brady. An ORDINANCE Adopting th.e Cndification of all Ordinances of the ?.i- t~if Dubuque, IA of a general or pubnc nature or imposing a fine or penalty, in~ chiding codes and maps adopted by reference, as the official cede of the Cf- ty of Dubuque, IA as provided for and pursuant to Chapter 380 of the Iowa Code; providing for the Title and Cita* tion of the Code; repealing all ordinances and parts of ordinances of a general or public nature or hnposin~ a fine or penal- ty, passed on or prior to April 2, 1986, except those not contained in said Cede or recognized and continued in force by reference therein; providing penalties for the violation of the several sections thereof; and prescribing the time when, this ordinance shall be in full force ann effect, presented and read. Council Member Simon moved that this be con: sidered the first ~cading of tb~ O~- dinemce, m~d that the req, irement that a proposed tO~cl~a~xce be considered mad ~oted on for passage at two council meetings prio~ to the meeting at wbich it is to be finally adopted be suspended md further moved final adoptio~ of Ordinance. Seconde~d by Council Member Krvnfeldt. Vete on the motion was as follows: Yeas--Mayor Pro-Tern Ktuesner, Council Members Kriog, Kronfaldt, Manning, Simon. Nays--Council Member Deich. Absant--Mayar Brady. MOTION FAILED DUE TO LACK OF A 3/4 VOTE. Council Member Kranfeldt moved that this be considered the first reading of the Ordinance. Seconded by Council Member Simon. Carried by the follow- , lng vote: Regular Session, November 3, 1986 Yeas--Mayor Pro-Tem Khieaner, Council Members Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. Absent--Mayor Brady. Communication of City Manager sub- mitring amendment to the Historic Preservation Ordinance for Council's consideration, presented and read. Coun- cil Member Simon moved that the com- munication be received and filed. Seconded by Connc'd Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. Absent--Mayor Brady. An ORDINANCE Amending the Code of Ordinances of the City of Dubu- que, IA by enacting a new Section 9.1 of Chapter 19V2 authorizing the City Manager to issue certificates of ap- propriateness in Special Emergency Situations, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kranfaldt. Vote on the motion was as follows: Yeas--Mayor Pro-Tern Kluesner, Council Members Krieg, Kronfeidt, Manning, Simon. Nays--Council M~mber Deich. Absent--Mayor Brady, MOTION FAILED DUE TO LACK OF 3i4 VOTE, Council Member Kronfeldt moved that this be considered the first reading of the Ordinance Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Krieg, Kronfaldt, MannLng, Simon. Nays--Council Member Dalch. Member Simon. Carded by the follow- ing vote: Yeas--Mayor Pro-Tem Kinesner, Council Members Deich, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 240-86 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 of this city and have filed NOW, THEREFORE, BE IT , Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named app~cants a Beer Permit. CLASS "C" BEER PERMIT Hartig Drug Co. 2225 Central (Also Sunday Sales) CLASS "E" BEER PERMIT Hartig Drug Co. 700 Main St. Ratting Drug Co. 2255 J.F. Kennedy Passed, adopted and approved this 3rd day of November, 1986. Laras J. Klueaner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Deich nmved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas Mayor Pro'fern Kluesner, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon Absent M~yor Brady. RESOLUTION NO. 241-$6 WHEREAS, Applications for Liquor Council for approval and tbe same have been examined and approved; and Absent--Mayor Brady. WHEREAS, The premises to be oc- Request of Hog Ryans, Inc. requesting cupled by such applicants were in- to transfer their Liquor License to Old spected and found to comply with the ;e Law and all City Ordinances tale- Jail Gallery on November 23, 1986, thereto and they have filed proper presented and read; Council Member Deich moved that the transfer request bonds; be approved. Seconded by Council NOW, TIIEREFOR['~, BE IT 401 400 Regular Session, November 3, 1986 RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued .to the following named appli- cant(s) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE 1630 Asbury Road Dog Gone, Inc. Dog House Lounge (Also Sunday Sales) 1103 Iowa Street Clair A. Woodman (Also Sunday Sales) Aragon Tap Passed, adopted and approved this 3rd day of November, 1986. Laree J. Kinesner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Dalch moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor pru~Tem Kineaner, Council Members Deich, Krieg, Kronfaldt, Manning, Simon. Nays--None. Absent--Mayor Brady. MINUTES SUBMITTED: Airport Comm. of 10-4, Cable TV Regulatory Commission of 10-8; Cable TV Teleprogramming Comm. of 10-7; Civil Service Comm. of 10-3, Dock Comm. of 10-7, Fire Retirement Bd. of 10-8, Five Flags Comm. of 10-13, Housing Code Appeals Bd. of 10-1, Housing Code Review Comm. of 10-8 and 10-15, Tran- sit Bd. submitting Comparative Earn- ings Statement and Statistics for first quarter of FY '87, Public Library Board of Trustees of 1043~ Park and Recrea- tion Comm. of 10-14, presented and read. Council Member Kronfaldt moved that the minutes be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Krunfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Historic Preservation Commission Minutes of 10-14 ond 10-21, presented and read. Council Member Simon mov- ed that the minutes be received and fil- ed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Pro--Tern Kluesner, Council Members Deich, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. ~OTICES OF CLAIMS AND SUITS: Dale Budde, in amt. of $78.03 for property damages; Peggy Dalan, in amt. of $15.60 for tar damages to car; Ray and Virginia Gross, in unknown amt. of backed-up sewer damages (2); GrOVe Tcol, Inc. in amt. of $64.48 for tar damages to car; Holiday Distributing Inc., in amt. of $96.88 for vehicle damages; Russell R. and Maureen Kuen- nen, in a fair and reasonable amt. for backed-up sewer damages; Edward Lutgen, in amt. of $178.72 for vehicle damages; Robert Glen and Virginia Frances McNamer, in est. amt. of $15,000 for backed-up sewer damages; Gerald Muller, in amt. of $568.23 for car damages; Mary Seueer in unknown amt. for vehicle damages; Ruth Tucker, in amt. of $5000 for damages, etc., and read. Council Member moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Kranfaldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Communications of Corporation Counsel recommanding settlement of backed-up sewer claim of Raymond and Virginia R. Gross in the amt. of $600.00; Recommending settlement of personal injury claim of Ronald Schnee et al in amt. of $750.00, presented and read. Council Member Kronietdt moved that the communications be received and fil- ed and approved settlemente and directed the Finance Director to issue the proper checks. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kinesner, Council Members De(ch. Krieg, Nays--None. Communication of Andrea Rafoth of the Civic Center Commission, presented and read. Council Member tion be received and filed trod accepted 402 Regular Session, November 3, 1986 Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Kronfaldt, Manning, Simon. Nays--Nane. Absent--Mayor Brady. REFUNDS REQUESTED: James Denman, $150 on unexpired Beer Per- mit; Joseph Erechen, $211.25 on unex- pired Liquor License, presented and read. Council Member Krunfaldt moved that the refunds be approved and directed the Finance Director to issue the proper checks. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kinesneer, Council Members Daich, Krieg, Krunfaldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Communication of Business Manager and Treasurer of U. of D. agreeing to a set-back of 40 feet from the property line abutting the property located on Princeton Place in reference to approval of Concepturai Development Plan, presented and read. Council Member Kranfeldt moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kineaner, Council Members Deich, Kring, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Petition containing 23 signatures re- questing replacement of the guard tall removed from the East side of Kennedy Road during the recent reconstruction from the East side of Kennedy road dtu~ lng the recent reconstxuctinn and this replacement be in its original location, presented and read. Council Member Khiesnar moved that the petition be referred to the City Manager and Staff for investigation and report. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Pro-Tern Kinesnar, Council Members De(ch, Krieg, Kronfaldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending acceptance of reconstruo of the three reinforced concrete dome structures at the Wastewater Treatment Plant presented and read. Council Member Kranfeldt moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor pru-Tem Kineaner, Council Members Deich, Krieg, Kronfaldt, Manning, Simon. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 242-86 WHEREAS, the contract for the Reconstruction of Three Reinforced Con- crete Dome Structures for the City of Dubuque Wastewater Division has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the ee~n~ tract, plans and specifications an recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendatian of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage for therein. Passed, adopted and approved this ~rd day of November, 1986. Lorus J. Kluesner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor pru-Tem Kluesner, Council Members Deich, Krleg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. FINAL ESTIMATE RESOLUTION NO. 243-86 WHEREAS, the contract for the Reconstruction of Three Reinforced Con- 403 Regular Session_______~, November 3, 1986 crete Dome Structures for the City of Dubuque Wastewater Division has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said improve~ ment is hereby determined to be $169,000.00 and that said amount shall be paid from the Sanitary Sewer Con- struetion Fund of the City of Dubuque, Iowa. Passed, approved and adopted, this 3rd day of November, 1986. Laras J. Khiesner Mayor pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kronfaldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor pro-Tern Klueaner, Council Members Deich, Krieg, Kronfaldt, Manning, Simon. Nays--None. Absant--Mayor Brady. Communication of City Manager recommending acceptance of construe- tinn of Cedar Cross Bridge, presented and read. Council Member Kranfeldt moved that the communicatinn be received and filed. Seconded by Council Member Manning. Carried by the follow- lng vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. ACCEPTING IMPROVEMENT RESOLUTION NO. 244,-86 WHEREAS, tile contract for the Cedar Cross Road Bridge Replacement has been completed and the City Manager has examined the work and fil- ed his certificate stating that the stone has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT RESOLVED that the City Treasurer be and he is hereby directed to pay the contractor from the General Obligation Bonds in the amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 3rd day of November, 1986. Loras J. Rluesner Mayor Pro-Tem kTTEST: Mary A. Davis City Clerk Council Member Kranfaldt moved adoption of the Resolutinn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesnar, Council Members Deich, Krieg, Kronfaldt, Manning, Simon. Nays--None- Abeent--Mayor Brady. FINAL ESTIMATE RESOLUTION NO. 245-86 wHEREAS, the contract for the Cedar Cross Road Bridge Replacement has been completed and the engineering firm has submitted its final estimate showing the cost thereof inaludlng the cost of estimates, notices and inspectian and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said ira- hereby determined to be I and that said amount shall from the General Obligation Bends of the City of Dubuque, Iowa along with funds from a private source. Passed, approved and adopted this 3rd day of November, 1986. Loras J. Kluesner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Cexried by the following vote: Yeas--Mayor Pro-Tem Kluesnser, 4O4 Regular Session, November 3, 1986 Council Members Deich, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Communication of City Manager sub- mitring response regarding the sanitary and storm sewer system in the vicinity of W. Locust and Rosedale Streets, presented and read. Council Member Kronfeldt moved that the commumca- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Delch, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Communication of City Manager responding to referral pertaining to a median for the intersection of l~Iighway 61/15~ and Greyhound Park Drive, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Ddich, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Communications of Corporation Counsel recommending settlements of the following claims: Sewer back-up claim of Tom and Rosle Fransen in the amt. of $250; Sewer back-up claim of Joim Livingstone in the amt. of $3,575; Property damage claim of Carol Paul in rant. of $168.03; Property damage claim of Wm. Burris in amt. of $49.92; Proper- ty damage claim of Judie Fjellman in amt. of $19.76; Property damage cloJm of Margaret Kuhl in amt. of $15.60; Pro- petty damage claim of Carlton Mettille in amt. of $33.20; Property dsmage claim of Philllp Roes in amt. of $23.87; Property damage claim of Pat Rogers in amt. of $32.24; Property damage claim of Joel Streinz in rant. of $56.16; Prope~ ty dmnage claim of Jalie Streinz in amt. of $21.72; Property damage claim of Philip Weiss in amt. of $i 5.60; Proper- ty danaage claim of Sandy Langkomp in amt. of $15.60, presented and read. Council Member Kronfeldt moved that the communications be received and fil- ed and settlements approved and directed the Finance Director to issue the proper checks. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Court- cil Member Simon moved to adjourn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Deich, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 9:28 P.M. Mary A. Davis City Clerk Approved Adopted 1987 __1987 Mayor Council Members City Clerk 405 Regular Session, November 17, 1986 OFFICIAL Regular Session, November 17, 1986. Council met at 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Klueaner, Krleg, Kronfeldt, Manning, Simon, City Manager Kenneth Gearhart, Corpora- tion Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Council Member Simon moved to sus- pend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesnser, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified by the Publisher, on Notice of Public Hearing to amend the Zoning Ordinance to ap- prove an Amendment to the Conceptual Development Plan for the Hilicrest Family Services to ID Institutional District at 2005 Asbury Road; Com- munication of planning and Zoning Commission advising of their approval for an Amendment to the Conceptual Development Plan for the ID Instltu- tional District for Hillcrest Family Ser- vices AND Communication of Harry Muir objecting to the amendment to the Conceptual Development Plan as re- quested by Hfllcrest Family Services, presented and read. Don Osborne, Director of Hillcrest Family Services requested favorable rezoning, as well as Bob Fisch, John Oberhausen and Bill Porter. Council Member Simon moved that the p~oof of puLl[cation and communica- tions be reenived and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mombers Deich, Kluesnser, Krieg, Kronfeldt, Manning. Simon. Nays--None. ORDINANCE NO. 80-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN~ DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO APPROVE AN AMENDMENT TO THE CONCEP- TUAL DEVELOPMENT PLAN FOR THE HILLCREST FAMILY SER- VICES ID INSTITUTIONAL DISTRICT AT 2005 ASBURY ROAD, said Ordinance having been presented and read at the Council Meeting of November 3, 1986, presented for final adoption. Council Member Simon mov- ed final adoption of the Ordinance. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 89-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, pROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO APPROVE AN AMEND- MENT TO THE cONCEPTUAL DEVELOPMENT PLAN FOR THE tlLLCREST FAMILY SERVICES ID iNSTITUTIONAL DISTRICT kT 2005 ASBURY ROAD. WHEREAS, Hillcrest Family Ser- vices, ovmer and applicant, has filed an amended Conceptual Development Plan for certain properties hereinafter described in accordance with provisions of the ID Institutional District regula- tions as set forth in Section 3-5.2 of tt, e Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; WHEREAS, the Planning and Zon- ing Commission has held a public Development Plan pursuant re required published notice; and WHEREAS, tim planning and Zon- ing Commission has approved said amended Conceptual Development Plan subject to specific conditions and restrictions, having found that said plan conforms with the review start- dm'ds applicable to such plans as set forth in Section 3-5.2D(4) of the Code 406 Regular Session, November 17, 1986 of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission recommended the approval of said mnended Conceptual Development Pinn and concmTence of the City Council; and WHEREAS, the City Council has received tile recommendation of the Planning and Zoning Commission and held its own public hearing on said amended Conceptual Development Plan pursuant to required published notice; and WHEREAS, the City Council has approved said a~nended Conceptual Development Plan subject to the same specific conditions and restrictions. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accom- plish the purposes of the "ID Institu- tional District" of the Zoning Ordinance of the City of Dubuque, Iowo~ the mnended Conceptual Devel- opment Plan for Hillcrest Family Set- vices, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the follow- lng described property, to wit: Lot 2 of the Subdivision of Lot I of Lot 2 of Mineral Lot 261, Lot i of the Subdivision of Lot 1 of ~/~T ~A OF Mineral Lot 261, Mettol Link Place, Lot 2 of Lot 2 of Lot i of Lot 2 of Lot I of Lot I of Link's Subdivision, Lot I of Lot I of Lot 2 of Lot I of Lot 1 of Lot 2 of Lot 1 of Lot I of Link's Subdivi- sion and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot i of Lot 1 of Link's Subdivision, all in the City of Dubuque, Iowa. Section 2. That in order to accmn- phsh rte pm'pos~s of tlc "ID Institu tionni District" and of the Zoning Ordinance, tile property herein above described is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses ~nade of land in the above described ID Institutional District: 1) Principal pcrnqifted l~seg .hall be a) l~sidential care facilities ( 18 ) b) Offices for administrative person- affiliates (14) c) Single-f~unily, two family (11) or multi-family dwellings for the housing (9) d) Off-street parking and loading N/A) e) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates (45) f) Existing private uses of structures ituated within an ID District for which the R-3 District standards shall apply (N/A) 2) Accessory uses. Tile following us?s shall be pennittod as accessory uses in the above described ID Institutional District: a) All uses customarily incidental to the principal permitted use in conjunc- tion with which such accessory use ~s operated or maintained, but not to include institutional uses outside a principal building. B. Lot and Bulk Regulations. Development of land in the ID Institutional District stroll be regulated as follows: 1) All buildings, si~-uctures and acti- vitles shall be located in confarmance with the attached amended Conceptual Development Plan, except that the emergency shelser cm'e facility shall be ~llowed to be constructed a minimmn of 15 feet either to the east or west of tbe proposed site. 2) The 12-bed emergency shelter care facility will be constructed on property adjacent to 2499 Hillcrest Road. The facility shall se~we children 7 through 17 years of age, and the children shall not reside in the facility in excess of 30 days. 3) The emergency shelter care facil- ity shall have a side yard setback requirement of a minimu~n 6 feet from the west property line. The structure shall have a front yard setback no less than that which is proposed on the 4) An additional curb cut onto Hill- ~reat Road is allowable if the emer- gency shniter care lacility ~s moved from the proposed location, provided approval is also provided by the City 51 Al; final sitc development plans shall be approved in accordance with the provisions of the ID Institutional District regulations as provided in the Zoning Ordinance of the City of G. Peribrmance Standards. The development and maintenance of uses in this ID Institutional Dis- trict shall be estabhshed in confor- nance with the regulations of Section t-5.2 of the ID institutional District: [3. Site Development Standards. The site development standards for 407 Regular Session, November 17, 1986 tins ID Institutional District shad be established as follows: 1) The landscaping and screening requirements shall be established in accerdance with the reqdirements of Section 4-5 of Zoning Ordinance of the City of Dubuque, Iowa. All other site development standards of Section 4-4 shall apply. E. Additional Standards. 1) The off-street parking require- ment for the principal permitted uses for the herein described ID thstitu- tional District simll be designated by a hracket enclosed number next to the use, as herein described: 9) 1.5 spaces for each dwelling unit. 11) Two spaces for each dwedinl 14) One space for each four hundred square feet devoted to office use or one space for each employee on the maxi- mmn si~ift, whichever is ~eater. 18) Two spaces for each employee on the maximmn sifift. 45) Dormitories - one space for each bed. Gyranasiums - one space for each six permanent seats. Lecture halls one space tbr each six permanent seats. Employees - .75 spaces for each employee on tile maximmn shift. 2) The amended Conceptual Devel- opment Plan shall be valid for a period of three years provided a Final Site Development Plan is submitted within one year il'om the date of approval. F. Transfer of Ownership. 1) Transfer of ownership or lease of property in tins ID Institutional Dis- trict shall include in the transfer of lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authoriz- ing the establislm~ent of the District. PASSED, APPROVED, and ADOPTED this 17th day of November, 1986. /s/James E. Brady ATTEST: Mayor /s/Mm'y A. Davis Cqty Clerk Communication of planning and Zon- ing Commission advising of tbefr ap- proval on an Amendment to the Zoning Ordinance to delete Concrete and Asphalt Batch plants as a temporary use in the Light Industrial District, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Member Kronfaldt. Carried by the fallowing vote: Yeas--Mayor Brady, Council Merabers De'ch, Kluesner, Krieg~ Kronfaldt, Manning, Simon. Nays--None. An ORDINANCE Providing that the Code of Ordinances be amended by revising Appendix A thereof by repeal- lng (1) by deleting the temporary use of Asphalt or Concrete Batch Plante in the LI Light Industrial District, presented and read· Council ~r Simon moved that this be con- sidered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance 1st day of December, 1986, and that the City Clerk be directed to publish notice in the manner prescrib- ed by law. Seconded by Council Member Kmnfeldt. Carded by tho following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Kronfaldt, Manning, Simon· Nays--None· Communication of Planning and Zon- ing Commission advising of their ap- proval to reclassify property located west of J.F.K. Road and one lot north of Foothill from OR to OS as requested Robert E. and James F. Klauer, and read. Council Member Simon moved that the communication be received and fried. Seconded by Coma- cil Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluasner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Providing that the Code of Ordinances be amended by revising Appendix A thereof by repeal- ing Section 3.4.1E(1) by deleting the temporary use of Asphalt or Concrete Batch Plants in the LI IAght Industrial District, presented and read. Council Member Simon moved that this be con- ddered the ffrst reading of the Or- dinanco, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- lng be held on the proposed Ordinance on the !st day of Dec~mher. 1986 at 7:30 . P.M. araf that thc City Clerk b~ directed Regular Session, November 17, 1986 · -~tice in the manne~ request to get permission to ex- to publish..~ - - - ~ .ql'Member ]cavate to put water in at 1745 .J..F K ed by law. Seconaeo oy uounc ' ' ' ,lat Carrledb,,tbefoll~t~'" I ~ecanded by Council Member Simon. Kronf .... '"~uncil I Vote on the motion was as follows: Yeas--Mayor Brady, C~o~u.nml I ~,~ ~o-ncil Members Kronfaldt, Kronfeldt, Manmng, S~mon. Nays--None; Petition of Attorney Paul Kanfman, on behalf of Ronald J. Pothoff, President of Mfracle Car Wash, Inc. requesting vacation of eight-foot wide Sanitary Sewer easements located across Lot 2 of "Sara S. and Edward B. Bartels Place at Center Grove" in Mineral Lot 243, Section 27, in the City of Dubuque, presented and rasd: Council Member Khieaner moved that the petition be received and filed and set the matter for Public Hearing on December 1, 1986 at 7:80 p.m. in the Public Library Auditorium mid directed the City Clerk to publish notice in the manner prescrib- ed by law. Seconded by Councd Member Kronieldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dafch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Wm. Kohler, Tran- sit Manager, requesting the Transit Board Chairperson be allowed to present their first quarter operations report, presented and read. Walter Pregler gave the report. Council Member Khiesner moved that the communication be received and filed. Seconded by Conned Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Petition of Steve Smith requesting to address the Council once again regar- ding water access for his building at 1745 J.F. Kennedy Road, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Membm's Krieg, Kronfaldt, Manning, Simon. Nays--Council Members Deich, Kluesner. Steve Smith requested Council ap- prove a cut into Kennedy Road to facilitate water accessibdity. Council Nays--Mayor Brady, Council Members Deich, Kinesner, Krieg. MOTION FAILED. Verbal request of Chamber of Com- merce Airport Committee to address the Council pertaining to Airport Marketing needs and Communication of Dan Kruse, submitting a report regarding the above· Mr. Kruse read the report. Rob Apel of the Chamber of Commerce and Arnie ltonkmnp of the Airport Com- mission spoke to the Council, requesting funding for a marketing and advertising campaign for the Airport. Council Kronfeldt moved that the com- munication be received and filed· Seconded by Council Member Manning. Carried by the faflowing vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Marm~ng moved that they adopt the material as presented and approve the request in the amount of $27,848.31 and monitor the Task Force through the Chamber of Corn- and that the contractual ar' rangements be prepared by the City Manager and Staff. Seconded by Coun- cil Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon· Nays--None. Petition of John Edalman et al (30 signatures) requesting the City to eliminate a serious safety hazard that exists from the East side of 3923 Aurora St. to 3877 Aurora St., presented and read. Mr. Edelman, on behalf of himself and his neighbors, stressed that the water is creating a hazard~ Council Member Kluesner moved that the peti- tion be received and fded and referred to the City Manager and Staff for in- vestigation and report back on December 15th. Seconded by Council Member Kronfaldt. Carried by the fullowing vote: Yeas- -Mayor Brady, Cottncil Regular Session, November 17, 1986 Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring a request from the Dubuque Racing Association for approval of a Capital Imprnvement Project in the amount of $24,000, providing for land- scaping improvements in front of the building, between the road and the park- ing lot lincludes plantings, sod, and a sprinider or watering system), presented and reed. Council Member Deich mov- ed that the communication be received and filed and approved the requested ex- penditure. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Krnnfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission advising of their denial of thc request of Frederick Boyes to reclassify property at 468-470 Lincoln and former railroad right-of-way from R-2A Alternate Two Family Residential District to CS Commercial Service and Wholesale District, presented and read. Fred Boyes requested that Council can- sider this rezoning. Ruth Latham and Darrel Green ob- jected to any rezonlng. Council Member Manning moved that the communica- tion be received and filed and referred matter back to the Planning and Zoning Commission for other possible solutions. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Klueener, Krieg, Man- ning, Simon. Nays--None. Abstain--Council Member Krenfaldt. Communications of Alma and LaVerne Ball, Marguerite Ludwig, Alvina Lanoy, Frank Oglesby, Darral and Linda Green, Chris Mellon, Ruth Latham, Gail ERiott, Mr. and Mrs. David L. Birch, Connie Jo Walker, Pat Brimeyer, Ernest and Elnora Pickel, Kathleen and Howard Wedig, and Don mad Sheila Walter concurring with plan- ning and Zoning and requesting City Council not to rezone property located at 468-470 Lincoln, presented and read. Council Member Manning moved that the communications be received and ill- ed. Seconded by Council Member Deich. Car?fed by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Abstein--Councit Member Krnnfeldt. Petition of Atterney Robert Sudmeier, on behalf of lower Southern Ave. area residents, requesting the temporary placement of signs at Rockdale Road and Southern, and again at Grandview Ave. and Southern Ave., indicating that the street is closed to thru traffic upon opening of the new Rockdale Bridge, presented and read. Council Member Kluesner moved that the petition be received and filed and referred to the Ci- ty Manager and Staff. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Simon. Nays--Council Member Kranfeldt, Manning. Communication of City Manager replying to the claim for benefits flied the Frank Hardie Advertising, Inc. i recommending denial of the claim, L and read. Council Member Simon moved that the communication be received and filed and support the recommendation as presented by the Ci- ty Manager. Seconded by Council Member Manning. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. Communication of City Manager re- questing authorization for ECIA Business Growth, Inc. to loan $102,000 EDA Revolving Loan Fund to Tucker Industries, Inc., presented and read. Council Member Klueaner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krleg, Krenfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 246-86 RESOLUTION AUTHORIZING ECIA BUSINESS GROWTH, INC. TO LOAN $102,000 FROM THE CITY OF DUBUQUE'S PORTION OF THE EDA REVOLVING LOAN FUND 410 Regular Session, November 17, 1986 TO TUCKER INDUSTRIES, INC. WHEREAS, the City of Dubuque has funded a portion of the local match of an EDA Revolving Loan Fund (RLF) which is administered by ECIA Business Growth, Inc.; and WHEREAS, Tucker Industries, Inc. has requested a loan of $102,000 from the RLF for working capital; and WHEREAS, ECIA Business Growtl~, Inc. has requested that the City of Dubuque authorize it to loan Tucker In- dustries, Inc funds from the City of Dubuque's portion of the RLF; and WHEREAS, the City Manager and Staff have reviewed the Tucker In- dustries, Inc. project and have recom- mended that the City support said prelect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ECIA Business Growth, Inc. is hereby authorized to loan to Tucker Industries, Inc. $102,000 from the City of Dubuque's portion of the EDA ~evolving Loan Fund. Section 2. That the City Clerk is hereby directed to no,i fy ECIA Business Growth, Inc. of said authorization by transmitting a certified copy of this Resolution. Passed, approved and adopted this 17th day of November, 1986. Jan~es E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Recessed 10:11 P.M. Council Reconvened 10:20 P.M. Communication of City Manager sub- mitting an Amandment to the Current Funding Agreement with Phone-A- Friend for Council consideration and ap- proval, and authorizing the City Manager to execute the necessary documents, presented and read. Coun- cil Member Kronfeldt moved that the ~ be received and filed and the authorization. Seconded by Council Member Simon. Carried by vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of Council Members Kronfeldt, Manning, Krleg and Simon requesting "Discussion of Worksession regarding Budget Guidelines as a result of the election of the Sales Tax", presented and read. Council Member Kronfaldt moved that the communica- s received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Conuannication of City Manager sub- mitting comments regarding discussion for request for "Worksession", and read. Council Member Khiesner moved to receive and file the communication and concur with the re- quest to hold a worksession. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Klusner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Council Member Khiesner moved to table the matter until 7:00 P.M. on November 18, 1986. Seconded by Coun- Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Vlembers Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. Communication of City Manager sub- mitting Ordinance updating two deflni- tlons in Section 4-63 of the City Code covering zoning regulations for the Dubuque Airport, presented and read. Council Member Kluesner moved that :ommunication be received and fil- ed. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays-None. ORDINANCE NO. 90-86 411 RegUlar Session, November 17, 1986 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING THE DEFINITIONS "AIRPORT HAZARD" AND "STRUC- TURE" IN SECTION 4-63 THEREOF AND ENACTING NEW DEFINI- TIONS OF "AIRPORT HAZARD" AND ,'STRUCTURE" IN SECTION 4.63 IN LIEU THEREOF, presented and read. Council Member Khiesner moved that this be considered the Brst reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further mov- ed final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 90-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUEUQUE, IOWA, BY REPEALING THE DEFINITIONS "AIRPOBT HAZARD" AND "STRUCTURE" IN SECTION 4-63 THEREOF AND ENACTING NEW DEFINITIONS OF "AIRPORT HAZ- ARD'' AND "STRUCTURE" IN SECTION 4-ga IN LIEU THEREOF NOW THEREFORE, BE IT ORDAINED BY THE CiTY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, buildings, towers, smokestacks, and overhead transnfission lines, including the poles or other structures supporting the same. passed, adopted and approved this 17th day of November, 1986. /s/James E. Brady Mayor ATTEST: /s/Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 25th day of November, 1986. Mary A. Davis City Clerk it 11/25 Conunuhication of City Manager sub- mitring Ordinance updating the regula- tions governing milk and milk products, presented and read. Council Member Kluesner moved that the communica- tion be received and Bled. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Silnan. Nays--None. ORDINANCE NO. 91-86 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY tLING SECTION 16-28 THEREOF AND ENACTING A NEW sECTION 16-28 IN LIEU THEREOF PROVIDING FOR THE USE OF THE LATEST UNITED STATES PUBLIC HEALTH SERVICE REGULATIONS FOR MILK AND MILK PRODUCTS, ~eo~an~ad and read. Council Member the first reading of the Ordinance, and timt the requirement that a proposed Or- dinance be considered and voted on for passage at two council meetings prior to the meeting at which i~ is to be finally adopted be suspended and further mov- ed final adoption of the Ordinance. ture or tree or use of land which would ~^~.a.d hv Council Member Simon. oral Regulations, Sections 77.21, 77,23 Yeas--Mayor Brady, Council and 77.25 as revised March 4, 1972, and which obstructs the air space required for the flight; of aircral't and landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft. slrtlcted or installed by t} person, Members Deich, Kluesner, Krieg, Kronfeldt, Mamdng, Simon. Nays- -None. ORDINANCE NO. 91-86 AN ODINANCE AMENDING THE CODE, OF ORDINANCES OF THE p~q'v O~' DUBIJQUE, IOWA, BY Regular Session, November 17, 1986 REPEALING SECTION 16-28 THEREOF AND ENACTING A NEW SECTION 16-28 IN LIEU THEREOF PROVIDING FOR THE USE OF THE LATEST UNITED STATES PUBLIC HEALTH SER- VICE REGULATIONS FOR MILK AND MILK PRODUCTS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Oedi- nances of the City of Dubuque, Iowa, be amended by repealing Section 16- 28 thereof and enacting a new Section 16-28 in lieu thereof as follows: "Sec. 16-28. Code adopted. The production, transportation, han- dling, sampling, examination, ~q-ading, labeling, and sale of all milk and milk products sold for the ultimate con- sumption witlfin the city; the inspec- tion of dairy herds, dairy fro'ms, and milk plants; the issuing and revocation of permits to milk producers, haulers, and distributors shall be regulated, except as otherwise provided in this Code of Ordinances, in accordance with tfie provisions of part II of the Grade A Pastern%ed Milk Ordinance-- 1978 Recommendations of the United States Public Health Service, a certi- fled copy of which is on file in the office of the city clerk. passed, approved and adopted this 17th day of November, 1986. /s/James E. Brady Mayor ATTEST: /s/Mary A. Davis City Clerk Publisfied officially in tbe Teleba'aph Herald newspaper this 25th day of November, 1986. Mm'y A. Davis AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- TING A NEW SECTION 9.1 OF CHAPTER 19V~ AUTHORIZING THE O~TY ~,fANAGER To ISgUE CER IN SPECIAL EMERGENCY SITUA- TIONS, said Ordinance having been presented and read at the Meeting of 11-3-86, presented for further action. Council Member Kluesner moved that the requirement that a proposed Or- dinance be considered and voted on for the meeting at which it is to be finally adopted be suspended and further mov- ed final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kranleldt, Manning, Simon. Nays--Council Member Deich. ORDINANCE NO. 92-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 9.1 OF CHAPTER 19¥z AUTHORIZING CITY MANAGER TO ISSUE CERTIFICATES OF APPROPRI- ATENESS IN SPECIAL EMER- GENCY SITUATIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 191/~ of the Code of Ordinances of the City of Dubuque, Iowa be amended by enact- ing a new Section 9.1 to authorize the City Manager to issue Certificates of Approptia~eness for emergency retool- lng requests, as allowed in Section 9 the Review of Plans, to read as follows: "Section 19V~-9.1. Special Authoriza- tion to Issue Certificate of Appropri- ateness. A. The City Manager, or his desig- nee, si, ail be authorized to issue a Certificate of Appropriateness for reroofing if the applicant is unable, due to an emergency situation, to delay tl~e necessary work until the next regularly scheduled or special meeting of the full Commission. Approval shall only be given to the application of materials visually matcims tim existing or original roof- lng materials as closely as possible.' 413 Regular Session, November 17, 1986 ORDINANCE NO. 93-86 AN ORDINANCE ADOPTING THE CODIFICATION OF ALL OR- DINANCES OF THE CITY OF DUBU- QUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL OR- DINANCES AND PARTS OF OR- DINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO APRIL 21, 1986, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CON- TINUED IN FORCE BY REFERENCE THEREIN; PROVIDING pENALTIES FOR THE VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, said Ordinance having been presented and read at the Council Meeting of 11-3-86, presented for further action. Council Member Kluesner moved that the requirement that a proposed or- dinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further mov- ed final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. oRDINANCE NO. 93-86 AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA, OF A GE~NERAL OR PUBLIC NATURE OR IMPOS- ING A FINE OR pENALTY, INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDI- IANCES AND pARTS OF ORDI- NANCES OF A GENERAL'OR PUBLIC NATURE OR IMPOSING A FINE OR pENALTY, PASSED ON OR PRIOR TO APRIL 21, 1986, EXCEPT THOSE NOT CON- PAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BV REFERENCE THEREIN; PROVIDING pENAL- TIES FOR THE VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND pRESCRIBING TIME WHEN THIS ORDI- qANCE SHALL BE IN FULL AND EFFECT. WHEREAS, pursuant to Ordinance 55-76, adopted November 1, 1976, after a duly convened public hearing, the City Council of the City of Dubuque, Iowa, adopted a Code of Ordinances with an effective date of December 3, 1976, as provided in Sec- tion 380.8 of the Iowa Code; and WHEREAS, Section 380.8 of the that at least once every five years, a city shall coxnpile a set of ordinances to be adopted by an ordinance; and WHEREAS, pursuant to Ordinance No. 63-81, adopted November 16, 1981, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances with an effective December 3, 1981, as provided in Section 380.8 of the Iowa Code; and WHEREAS, since the date of adop- tion of said Code of Ordinances, the City Council has from time to time by resolution further adopted Supple- merits 10 through 27 to the said Code of Ordinances; and WHEREAS, the City Council has determined that the Code of Ordi- nances should be readopted in its pres- ent fi)tm and did on November 17, 1986, adopt Ordinance No. 93-86 adopting the said Code of Ordinances as provided in Section 380.8 of the Iowa Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Code of Ordinances Adopted. That the proposed Code of Ordinances of the City of Dubuque, Iowa, printed by the Municipal Code Corporation, Tallahassee, Florida, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 tin'ough 38 and including references to codes adopted by reference, a printed copy of which is attached hereto and incor- Regular Session, November 17, 1986 porated herein by reference the same (o) Any zo~xing ordinance, or amend- as if set out in full herein, is hereby ment of the City's zoning map; adopted as the "Code of Ordinances, (p) Ordinances prescribing traffic regu- lations for specific streets or areas, City of Dubuque, Iowa." ;uch as ordinances designating one-way Section 2. Ordinances Repealed That all ordinances of the City of streets, arterial highways, through Dubuque, Iowa, of a general and per- streets, stop intersections or intersec- manent nature, enacted on or before fions where traffic is to be controlled April 21, 1986, and not contained in by signals, and ordinances prohibiting, said Code or recognized and continued restricting, linffting or otherwise regu~ by force by reference therein are lating the stopping standing or p.arking hereby repealed from and after the of vehicles on specific streets or m spe- effective date of said Code, except as cific areas; Iq) Any ordinance establisbing rates hereinafter provided. Section 3. Effect of Repeal; Ordi- and charges for, or fees for connection nances Saved. That the repeal pro- to any utility service, not inconsistent vided for in Sectinn 2 hereof shall not with tl-as Code; affect any of the following: Ir) Any ordinance wl~ch, by its own Ia) Any offense or act committed or terms, expires after a specified time, any penalty or forfeiture incurred or or on tbeprescribed date; and any contract or right established or Is) Any ordinance enacted on or after accruing before the effective date of April 21, 1986. Thc repeal provided for by Section 2 said Code; (b) Any ordinance prmnising or hereof shall not be construed to revive guaranteeing the payment of money to any ordinance or part thereof that has or from the City, or authorizing the been repealed by a subsequent ordi- nance repealed by this ordinance. issuance of any bonds or other evi- The above enumeration of excep- deuce of indebtedness; (c) Any appropriation or budget ordi- .ions shall not be held or deemed to be exclusive, it being the purpose and Id) Any ordinance establishing the ntention of this ordinance to exclude compensation of any City officer or from repeal any and ali ordinances not of a general nature. exnployee; Section 4. Severability of Provi- (e) Any contract or obligation assumed by the City; If) Any ordinance relating to the put- chase, condemnation, acquisition or dedication of property for public use; (g) Any ordinance dedicating, estab- lishing, opening, reopening, naming, renanffng, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way; Ih) Any ordinance establishing or changing the grade of any street, ave- hue, boulevard, trafficway or other sions. That each chapter, and any and all subdivisions of said Code hereby adopted, is independent of every other chapter and subdivision thereof', and the invalidity of any other chapter or subdivision thereof, shall not invMidate any other chapter or subdivision 5. Official Copy. That the Clerk shall attach to the official copy of the Code of Ordinances hereby adopted and attached hereto, tffs/her official certificate showing such adop- tion and thc effective date thereof, and public way; . . Ii) Any ordinance authorizing, shall retain the said copy and certifi- directing or otherwise relating to any cate on file in tiffs office where copics of the same shall be subject to public pub ic inlprovements; (j) Any ordinance creating districts for inspection and for sale to the public. public improvements of any kind or Section 6. Amendments. That any additions or amendments to this Code nature; (k) Any ordinance establishing or when po~sed as ordinances amending changing the ~inffts of the City or per- this Code and which indicate the tsJning to consolidations, annexations intention of the Council to make the s~ne a part hereof shall be deemed to or exclusions; (l) Any ordinance levying general or be incm'porated in tiffs Code so that a special taxes or special assessments; retbrcnce to the Code of Ordinances, (m) Any ordinance granting pensions City of Dubuque, Iowa, shall be understood to include them. for reth'ed officers and employees; (n) Any ordinance gray, ting any right, Section 7. Distribution of Copies. That ail printed copies of the Code privilege, easement or francffise to any shall be deposited with the City Clerk person, firm or corporation; 415 414 Regular Session, November 17, 1986 for distribution. The City Clerk may sell pdntod copies of said Code at the cost established by the City Clerk. Section 8. General Penalty. Tlmt the doing of any act prohibited or declared to be unlawful or an offense by said Code of Ordinances, or the omission or failure to perform any act or duty required by Mid Code, shall, unless another penalty is specified, be punishable by a fine in a stun not exceeding one hundred dollars ($100.00) or imprisonment not to exceed thirty (30) days. The penalty herein provided shall be cmnulative with and in addi- tion to the revocation, cancellation or fbrfeiture of any license or permit else- where in this Cede provided for viola- tion thereof or for civil penalties for violations of municipal m-dinances. Section 9. Repeal. That all ordi- flict herewith are repealed. Section 10. Effective Date. That this ordinance consisting of Sections 1 through 10, inclusive, adopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters I through 38, and includ- lng codes adopted by reference and all subdivisions of the same, the same being designated as the "Code of Ordi- nanees, City of Dubuque, Iowa," is in full force and effect from and after the p~sage and publication of this m-di- nance, according to law, and the "Code of Ordinances, City of Dubuque, Iowa," shall be in full force and effect from and after November 17, 1986. Passed, approved and adopted this ~d day of Novembm', 1986. /s/James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in thc Telegraph Herald newspaper this 26th day of November, 1986. Mary A. Davis City Clerk Authorizing Council Member belch ~o attend, at City expense, the National League of Cities Meeting in San Antonio on November 28th thru December 4th, presented for discussion. Council Member Kronfeldt moved approval of the authorization. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Maynr Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. AND COMMISSIONS: TV Cable Community Teleprogramming Co~nmission. Council Member Kinesner moved to appoint Mary I. Jaycox for a three year term which will expires 6-30-89. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Sinmn. Nays--Council Member Kronfeldt. Dock Board. Council Member Kronfaldt moved that appointments to this board be tabled until more applica- tions are available and City Clerk be to readvertise. Seconded by Council Member Khiesner. Carried by Yeas--Council Members Kluesner, Krieg, Kranfaldt, Manning, Simon. Nays--Mayor Brady, Council Member Deich. RESOLUTION NO. 247-86 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 appllcante were in- spected and found to comply with the Ordinances of this City and have flied proper bond; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the M~nager be suthorized to cause to be issued to the following named applicants x Beer Permit. CLASS "B" BEEB PERMIT Clarke College of Dubuque, Iowa1550 Clarke Drive Loras College 1456 Alta Vista CLASS "C" BEER PERMIT TFM Co. 1256 Central Ave. Oky Doky #6 (Also Sunday Sales] Iowa Off Co 3250 Dodge St. Rainbo Oil Co. 2297 University KWIK S~op Food Mart IAlso Sunday Sales~ Passed, adopted and approved this 17th day of November, 1986. James E. Brady I ATTEST: Mayor 416 Regular Session, November 17, 1986 Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 248-86 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lynn LaPage 600 Central Ave, Passed, adopted and approved this 17th day of November, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfaldt moved aaopuon of 5he p~soluLlon. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Mamning, Simon. Nays--None. Council Pro ,ceedings for ~e months °f for Council approval. Council Memb~ Manning moved that the proceedings be approved as printed. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Human ~ights Commission of 10-13; Zoning Board of Adjustment of 8-28, 9-9 and 9-25; Planning and Zoning Commission of 10-15; Historic Preservation Commie- presented and read. Coun- cil Member Manning moved that the minutes be received and filed. Second- ed by Council Member Kronfeldt. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ktieg, Kronfeldt, Manning, Simon. Nays--None. planning and Zoning Commission minutes of 11-5, presented and read. Council Member Kronfeldt moved that these minutes be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Terry Oansen, in the amount of $100 for tar damages; Cathy Huseman, in amt. of $45 for tar domages; Kraig in amt. of $14 for tar damages; Ken Plowman, in amt. of $145.32 for car damages; Mrs. Louis Pottebaum, in ~mt. of $33.28 for tar damages; Mr. and ~rs. Terranee and Mary Mueller, on behalf of their daughter, Terri Jo, in the amount of $25,000 for personal injuries, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: yeas Mayor Brady Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims for mo~th of September, 1086 AND Commumca' tion of City Manager submitting finan- cial reports for the month of October, Member Manning moved that 5ne prooi and e})mmunication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. 417 Regular Session, November 17, 1986 Nays--None. Communication of City Manager re- questing authorization to file a State- ment of Intent for Calendta' Year 1987 for use of Community Development Block Grant Funds, presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsach, Kluesner, Krieg, Kronfaldt. Manning, Simon. Nays--None. RESOLUTION NO. 249-86 A RESOLUTION AUTHORIZING THE FILING OF A STATEMENT OF INTENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CITY OF DUBUQUE. WHEREAS, the City of Dubuque is entitled to participate in the Communi- ty Development Block Grant Progeam authorized under the provisions of Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Dubuque has been declared eligible for funding in the approximate amount of $820,000 for Calendar year commencing January 1, 1987; and WHEREAS, the Community Devalopment Block Grant Proposed Statement of Intent has been developed so as to give maximum feasible priori- ty to activities which will benefit low and moderate income perons and sad in the prevention or elimination of slums and blights; and WHEREAS, ~ne C~ty el D ~ouqa~ has provided the citizens of the community with opportunities to comment on the Statement of Intent· NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: the Mayor of the City of Dubuque is behalf of the City of Dubuque· mit, in the required number of copies, the Proposed Statement of Intent to the U.S. Department of Housing and Urban Development and other appropriate agencies together with such other documents as may be required. Passed, approved and adopted this 17th day of November, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resalution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Kranfaldt, Manning, simon. Nays--None. Communication of City Manager re- questing authorization to publish Eh- vironmental Review Findings for the following projects: Tool Lending Library sponsored by Washington Tool Library, Housing Rehabilitation Loan Progran~, Property Acquisition/Relocation; Commercial/In- dustrisa Loan Participation; Economic Development Activities; Code Enforce- ment, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsach, Kfuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. Z56-86 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDINGS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS WHEREAS, the City of Dubuque is 418 Regular Session, November 17, 1986 U S De,,artment of Housing~ the amount of $1453.46, presented · ' ~ ~ol ~now ~ and read Council Member Manning Development, an environmentat review Ita . has been nrocessed for the hereinafter I moved that the communication be /' .... ~nanced with [ received and filed and settlement ap- funds; and WHEREAS, an ad hoc Environmen- tal Review Committee has after due con- sideration made a determination that the projects are not a major Federal ac- tion significantly affecting the quality of the human environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for said projects available for public inspection· Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof * Housing Rehabilitation Loan program * property Acquisition/Relocation * Tool Lending Library Sponsored by Washington Tool Library * Code Enforcement * Commercial/Industrial Loan participation * Economic Development Activities Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of December 1, 1986, authorizing the submission ora request to the U.S. Department of Hous- ing and Community Development to undertake the projects. Passed, approved and adopted this 17th day of November, 1986. J ames E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Slip and Fall claim of Judith Ann Birch Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon· Nays--None. Petition of Mr. and Mrs. Gerald Swift requesting Council to approve the pro- , Sewer Facility along Old Mill road. presented and read. Council Member Manning moved that the peti- tion be referred to the City Manager and Staff. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of planning and Zon- ing Commission approving final plat of Sub. of Lot 2-1-1 of Sylvan Place located at 1665 and 1645 Bies Drive and 1645 Sylvan Drive, presented and read. Coun- cil Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 251-86 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 2-1~1 OF "SYLVAN PLACE" IN THE CITY OF DUBUQUE, IOWA. WHERE AS. there has been filed with the City Clerk a final plat of the Subdtvi- n of Lot 2-1-1 of "Sylvan Place" in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that the proposed Lot 4 does not have ade~ quate lot frontage; and WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the condition that the proposed Lot 4 is undevelopable unless combined with the adjoining southern lot; and 419 Regular Session, November 17, 1986 WHEREAS, said final plat has been examined by the City Council and they find the same conforms to the statutes and ordinances relating thereto, except that the proposed Lot 4 does not have adequate lot frontage; and WHEREAS, tim City Council concurs in the condition of approval establish- ed by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Lot 2 of Lot I of Lot ] of Sylvan Place in the City of Dubuque, Iowa be and the same is hereby approv- ed and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubu- que, Iowa, upon said final plat, provid- ed that the owner of said property shall execute a written acceptance hereto at- lathed, acknowledging and agreeing; a) That Lot 4 of the Subdivision of Lot 2 of Lot I of Lot 1 of Sylvan Place is undevalopable unless combined with the adjoining southern lot. Section 2. That in the event the owner fails to execute the Acceptance provid- ed for in Section 1 herein within forty- five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 17th day of November, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 251-86 We, the undersigned Delbert Miller, Gary Miller, Larry M. Miller and Kathleen S. Miller, having read the Dated at Dubuque, Iowa this 17th day of December, 1986. By By Gary D. Miller By Larry M. Miller By Kathleen S. Miller Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Planning and Zen- lng Commisaion approving final plat of Sub. of Lot 1 of East 1/2 of Lot 1-3 of Wilson's Dubuque located at 1811 Bunker Hill, presented and read. Coun- all Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Cra. tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfoldt. Manning, Simon. Nays--None. RESOLUTION NO. 252-86 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 1 OF THE EAST 1/2 OF LOT 1 OF LOT 3 OF WILSON'S DUBUQUE IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Lot 1 of the Fast 112 of Lot 1 of WHEREAS, said final plat has been examined by the City Planning and Zen- WHEREAS, said final plat has been ex- Regular Session, Novenmber 13, 1986 find the same conforms to the statutes rdinances relating thereto, except and.%,~ .~..osed Lot ~ of the sub,vi; that ~ne ~--.. - ~ot 1/2 of Lot ~- ox sion of Lot 1 oI the ~.~o Lot 3 og Wilsan's Dubuque does not have adequate lot [rantage; ~d wHEREAS, the City Co~C~ ~n~rs in the condition of approv~ establish' ed by the City planing ~d Zoning Core,scion; NoW, THEREFORE, BE IT ~ESOLVED BY THE CITY COUN" CIL OF THE cITY OF DUBUQUE, IOWA: ctian 1. That the final plat of Be . ~ not 1 o~ the East 1/2 of Lo~ 1 of Lot 3 of Wilson's Dubuque . ~.. ~Dubuque, be and the same ~ne ~? v~roved and the Mayor and is herevy ~ ~ ~ereb~ au~ho~z' ~t Clerk be ann are ,~ ~ Y ~ directed to endorse the ap~ro~ of the L~ty ~ ed that the owner of said proper- ty sh ~*,nhe& ~knowledgmg and agreeing: hat Lot I of the Subdivision of Lot a) T-~ ~ %t l of L°t J °f he Bast 1/z el ~ 1 oft , ~ ~ ~aelstobeused°nlym conjanct~on w~th the adjoining westo~ lot. 'an 2. That in the even~ the owner Secti ~ *he Acceptance provi& fails to e~ecuo~ ~.- - ~ort in Sectton 1 herein within ~ Y' ed for .... (ter the date of th~s 'ye (45) aay~ ~ . ~ herein shall be null and void ann Pla~ shall not be effective. passed, approved ~d adopted this ;Tth day of November, 1986. James E. Brady ATTEST: M~y A. Davis City Clerk ii Member M~ning movie ad~;;~; of the Resolution· Seconded Counol~ Member Kranfaldt C~ried by the following vote: yeas~Mayor Brady, Council Kronfoldt, Manning, Simon. Nays--Nane. muninations of Corporation Corn ~ndin~ settlements el the folinwmg tim individual's vehicles: Rich~d B~ley, $20.80; ~.J- Berg, $4.95; Bffd Chem'olet, $524.9~; Lynn BlUe, $15.60: Mrs. Andrew Bodnar, $19.76; Janet Brehm, $59.28; Frances J. Firalaff, $19.76; Senn olev $6 54; Michael J. Higgens, 0. F . ;] 'nker, $112 48; Robert $15,60; Dan nm & Jolene Hunsted, $27.04; John Hut- ckcroft, $64·48; Joseph P. Kane, $10.40; Kerkaleck, $27.04; Barb Koantz, Kueter, $85.81; Dorothy $24.96; Mrs. Nick Leglar, $10; $94.73; Joyce Lare~z, l A. Lucy, $41.60; Robert $19.74; Shirley Mescher, $26; Carol Meyer, $18.72; James L. Norton, $14.56; Darlene A. Schlarman, $6·24; Joseph L. Schmit, $19.96; william H. Smith, $27.04; Myron R. Turnmeyer, $20.80; Mildred vanDuelman, $19.76; Carolyn walker, $21.84; Albert M. Weber, $24.96; Kevin Wheatan, $53.04; Robert C. Wild, $$5.31; Darrell Wilkin- son $59.28; Pat yoldan, $12.88; Joseph A. ZuccarO, $19.76; Mrs. Sam Dmessler, Schmltt, $25; American Trust & Say- · s Bank, $35.86; Gerald G. Adams, ~nlg~.64; Carl Frank $15.60; Lawrence J- Pins, $15.60; Helen pollack, $19·76, sented and read· Council Mere.bar pre .... d that the commumca- tions be recexved and fded and approv settlement with Finance Director to ~sdsue the proper checks· Seconded by Council Member Kranfeldt. Carried by ;he following vote: Yeas--Mayor Brady. Council Members Deich, Klueaner, Krieg, Kranfeldt, Manning, Simon. Nays--None. CommunicatiOn of Corporation Counsel recommending denial of car dan~age cl~m of Thomas R. Ocks, to,anted and read. Council Member P ~ ~ that the communica' a be received and filed ~md approved denials. Seconded by Council Member Kronfeldt. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfoldt, Manning, Simon· Nays--None. Communication of City Manager uni;s, presented and read. Council Member Kranfeldt moved the communication be received and filed and set for Worksessian in early Seconded by Council Member February. - - ~e following vote: Simon. Carriea oy yeas--Mayor Brady, Council 421 Regular Session, November 17, 1986 Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Corporation Counsel submitting rul- ing in the Telegraph Herald case re- questing minutes of the Dubuque Rac- in~g Association Meetings, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--None, Communication of Wm. Blum, City Solicitor, recommending settlement of claim filed by Michelle Cole, in the amount of $2000, presented and read. Council Member Kronfeldt moved that the communication be received and fil- ed and approved settlement with Finance Director to issue the proper checks. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. At 11:01 P.M., Council Member Simon moved that this Council MeeQng be recessed until 7:00 P.M. on Tuesday, November 18th in the Library Auditorium. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Recessed Session, November 18, 1986 of November 17, 1986· Council met at 7:03 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart. Absent at Roll Call: Council Member Klueener. Absent: Council Member Dcich. Council Member Kluesner entered the Chambers at 7:07 P.M. Communication of City Manager sub- mitring comments regarding discussion for request of "Workseeeion", presented and read. Following discussion and ira- put, Council Member Manning moved that the communication be received mad filed and accept the recommendations with modifications. Seconded by Cann- cji Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. · Them being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Deich. Meeting adjourned at 8:53 P.M. Mary A. Davis City Clerk Approved 1987 Adopted 1987 Mayor Council Members ATTEST: City Clerk 422 Regular Session, December 1, 1986 OFFICIAL Regular Session, December 1, 1986. Council met at 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Members Deich, Kronfeldt. Mayor Brady read the call and stated this meeting in the REGULAR MON- THLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. The Invocation was given by Rev. Ran Couch, Pastor of Immanuel United Church of Christ. Council Member Manning moved to suspend the rules to let anyone present address the Council if they so desire· Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Members Deich, Kronfeldt. proof of publication, certified to by the publisher, on Notice of Public Hearing to reclassify property located west of J.F. Kennedy Road and one lot north of Foothill Road from OR to OS; Com- munication of Our Redeemer Lutheran Church supporting the zoning proposal subject to some conditions, presented and read. Dick Mahnke of Our Redeemer Lutheran Church addressed the Coun- cil and stated specific requests. Bob Klaner, owner of property and Bob Neuwoehner, developer of property, re- quested favorable zoning and respond- ed to specific queries. Council Member Simon moved that the proof m~d com- munlcation be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Si~non. Nays--None. Absent--Canncil Members Dalch, Kranfeldt, ORDINANCE NO. 94-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSI' FYING PROPERTY LOCATED WEST OF J.F. KENNEDY ROAD AND ONE LOT NORTH OF FOOTHILL ROAD FROM OR OFFICE RESIDENTIAL TO OS OFFICE SERVICE DISTRICT, said Ordinance having been presented at the meeting of November 17, 1986, presented for final adoption. Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Manning· Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon· Nays--None. Absent--Council Members Deich, Kronfeldt. ORDINANCE NO. 94.86 AN ORDINANCE OF '?HE CITY OF DUBUQUt'], IOWA, pROVIDING THAT THE cODE OF ORDI- 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 DtJBCQUE, IOWA", BY RECLASSIFYING ]RBINAFTER DESCRIBED ?ROPERTY LocATED WEST OF J.F. KENNEDY ROAD AND ()NE LOT NORTH OF FooTHILL ROAD FROM OR OFFICE RESIDENTIAL DISTRICT TO OS OFFICE SER- 423