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1985 May Council ProceedingsSpecial Session, April 29, 1985 275 CITY COUNCIL OFFICIAL Special Session, April 29, 1985. Council Met at 5:00 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Hammel, Kron- faldt, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A~ Lindahl. Absent at Roll Call: Council Member Deich. Mayor Brady read the cail and stated that service thereof had been duly made and this Meeting is called for the purpose to convene in a CLOS- ED SESSION TO DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE PRESENT- LY IN LITIGATION OR WHERE LITIGATION IS IMMINENT, WHERE /TS DISCLOSURE WOULD BE LIKELY TO PRE- JUDICE OR DISADVANTAGE THE POSITION OF THE GOVERN- MENT BODY IN THAT LITIGA- TION. 5:02 p.m. Council Member HIammel moved to go into Closed Session (into Board Room, 2nd Floor) under Section 28A.5 of the Iowa Code to discuss strategy with Counsel in matters that are presently in litigation or where litigation is imminent, where its disclosure would be likely to prejudice or disadvantage the position of the government body in that htigation. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Deich. 6:57 p.m. Council reconvened. Council Member Kronfeldt moved that the City retain the law firm of Beveridge and Diamond to act on the City's behalf. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- ber Beurskens, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Deich. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hummel, Kluesner, Kronfeldt, Man~ng. Nays--None. Absent--Council Member Deich. Meeting adjourned at 6:59 p.m. M~ry A. Davis City Clerk Approved __ _1985 Adopted 1985 Mayor Council Members aTTEST: City Clerk 276 Regular Session, May 6, 1985 CITY COUNCIL OFFICIAL Regular Session, May 6, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorinm. Present--Mayor Brady, Council Members Beurskens, Deich, Hummel, Kluesner, Manning, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Linduhl. Absent--Council Member Kron- feldt Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called to act upon such business which may properly come before the Council. Invocation was given by Dr. Lyle Vander Brook, Assistant Professor of the New Testament at the University of Dubuque. PROCLAMATIONS: May 8 as "Youth Leadership Day" received by Kathy McMullen of Group W; May 12-18 as "Preservation Week" received by Paul Peckosh; May 16-19 as "DubuqueFest Days" received by Ruth Nasb and Dr. George Kritzman; Month of May as "Mental Health Month" received by Ann Michalski; May 12 as "Mother's Peace Day" received by Gaff Weitz; May 18 as "Hearing and Speech Day" received by Jerry Burds; May 12-18 as "Transportation Week" received by Mark Munson. Mayor Brady swore in Council Member Donald Deich as Mayor Pro- Jerry Guy of the Durrant Group, Inc. presented a status and progress report on the Dubuque Dog Track Facility. Council Member Kluesner moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Hummel Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, l~Iammnl, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt Proof of publication, certified to by the Publisher, on Notice of Public Hear- lng on FY '86 Section 9 Program of Pro- jects consisting of an Operating Assistance Applicant and a Planning Assistance Application, and a Section 5 Capital Assistance Application, presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hear- lng. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, I-Iammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt Proof of publication, certified to by the Publisher, on Notice of Public Hear- lng to consider a Lease Agreement bet- ween the City and S & S Enterprises for leasing of property located at the corner of West 3rd and Iowa for parking put- poses only. There were no written ob- jections received and no oral objectors present at the time of the Hearing. Paula Stenlund of 1295 Prah~e stated she was available to answer questions. Council Member Hummel moved that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt RESOLUTION NO. 136-85 A Resolution approving a Lease Agree- merit for errtaln Real Property owned by the City of Dubuque commonly known as 335 Iowa Street and authorizing and directing the Mayor to execute said agreement on behalf of the City of Dubuque. WHEREAS, Pursuant to Council Resolution No. 388-84, dated December Regular Session, May 6, 1985 277 3, 1984 the City of Dubuque has pur- chased and now owns Fee Simple In- terest in the property at 335 Iowa Street, legally described as: City Lots 191, 192 and the South 50 feet of Lot 190, City of Dubuque, Iowa, according to the recorded plat thereof. WHEREAS, the City Council of the City of Dubuque, Iowa desires to maintain an economically viable com- munity by encouraging private sector development which produces jobs for the unemployed and expands job op- portunities for persons of low and moderate income; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Lease Agreement between S and S Enterprises and the City of Dubuque, hereto attached, is hereby approved and accepted. Section 2. That the Mayor is hereby authorized and directed to execute said agreement on behalf of the City of Dubuque. Passed, adopted and approved this 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager questing approval to submit an Operating Assistance Application to the Iowa State Public Transit Division and to set Public Hearing on the ap- plication, presented and read. Council Member Klueener moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Khiesner, Manning. Nays--None. Absent--Counc'fl Member Kcenfeldt. RESOLUTION NO. 137-85 Authorizing Resolution We, hereby, authorize Key Line Transit on May 6, 1985 to apply for 551,402 to be used for Capital and Operating assistance under the state transit assistance program and enter into contract with the Iowa Depart- ment of Transportation. Name: The Dubuque City Council (Applicant's Governing Body) By: James E. Brady Title: Mayor Address: City Hall, 13th and Central Dubuque, Iowa 52001 Telephone: 319/583-9191 Counc'd Member Kluesner moved adoption of the Resolution, setting it for Public Hearing on May 20, 1985 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, FJuesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager sub- mitt~ng proposed amendment to the Fiscal Year 1985 Budget and re- questing a Public Hearing be held as re- quired, presented and read. Council Member Hanunel moved that the com- municatinn be received and filed. Seconded by Ceunc'd Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None, Absent--Council Member Kronfeldt. 278 Regular Session, May 6, 1985 RESOLUTION NO. 138-85 Resolution directing the City Clerk to Publish proposed Amendment to to the Fiscal Year 1985 Budget and date of Public Hearing WHEREAS, it is proposed that the City of Dubuque amend its Fiscal Year 1985 budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that a public hearing must be held on such a budget amend* ment. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, adopted and approved this 6th day of May, 1985, James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution, setting it for Public Hearing on May 20, 1985 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Bearskene, Deich, Hammal, I~luesner, Manning. Nays--None. Abeent--Council Member Kronfeldt. Communication of Planning and Zen- lng Commission recommending amend- ment of Zoning Ordinance regarding Conditional Uses in Office Residential District, presented and read, Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klueener, Manning. Nays--None. Absent--Council Member Kronfeldt. An ORDINANCE Amending Zoning Ordinance and Zoning Map by enacting a new Section 3-2.1D in lieu thereof to provide the addition of certain food set- vice establishments to the available conditional uses now listed in the Office Residential Service, presented and read. Council Member Hammel moved that this reading be considered the first reading of the Ordinance, that the rule requiring and Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Mann- Nays--Council Member Beurskens. Abeent--Cnancil Member Kronfeldt. MOTION FAILED DUE TO LACK OF A aA VOTE. Council Member Beurskens moved that the reading just had be considered the first readnig of the Ordh~ance and that a Public Hearing be held on the dinance on May 20, 1985, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk should publish notice in the manner prescribed by law. Second- ed by Council Member Manning. Car- ried by the following vote: Ycas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Communication of Planning and Zoning Commission recommending proposed amendment to Zoning dinance, Section 3-4.1(b) to allow for grocery stores in the LI Light In- dustrial Zoning District, presented and read. Council Member Benrskens moved that the communication be received and filed. Seconded by Court- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Cnancil Member Kronfeldt. An ORDINANCE Amending the Zoning Ordinance and Zoning Map of the City of Dubuque by enacting a new Section 3-4.1(B) Principal Permitted Regular Sessio_____~n, May 6, 1985 Uses in lieu thereof, presented and read. Council Member Benrskens mov- ed that the reading just had be con- sidered the first reading of the Or- dinance and that it be set for Publi, Hearing on May 20, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Second- ed by Council Member Manning. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Dalch, Hummel Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Petition of Joe Duschen et at (95 signersl requesting to address the Council regarding a Stop or Yield sign at the intersection of Brown and Bever- ly Streets, presented and read. Mr. Duschen gave specifics of the petition. Council Member Kluesner moved that the petition be received and flied and referred to the City Manager for his review with response at the Council Meeting of 5/20/85. Seconded by Coun- dl Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hummel, I~uesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager r~- questing approval of a Purchase of Ser- vices Agreement with Helping Services for Northeast Iowa, Inc. for the fiscal year beginning July 1, 1985, presented and read. Council Member Hammel moved that the communication be received and flied and Agreement ap- proved. Seconded by Council Member Deich. Carried by the following vote: Yese--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, I~uesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing approval of a Purchase of Ser- vices Agreement with the Retired Senior Volunteer Program (RSVP) for the fiscal year begirming July 1, 1985, presented and read. Council Member Hummel moved that the communica- tion be received and filed and Agrse- mont approved. Seconded by Council Member Dcich. Carried by the follow. lng vote: Yeas--Mayor Brady, Council Mem. bets Beurskens, Deich, Hummel, Eluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 20-85 An ORDINANCE Amending Sectlen 24-1 and 24-3(1), Code of Ordinances, Ci- ty of Dubuque, Iowa, relating to oc~ cupatienai licenses in Christmas Tree Merchants by repealing said Section; and amending Chapter 28, Cede of O~ dinances, entitled "Peddlers and Tran. slent Merchants" by repealing said Chapter and adopting la lien thereof a new Chapter 28, "Peddlers and Tran- sient Merchants", said Ordinance hay- lng been presented and read at the Council Meeting of April 15, 1985, presented for further action. Council Member Beurskens moved that the nde requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 20-85 AN ORDINANCE AMENDING SECTIONS 24-1 AND 24-3 (1), CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA RELATING TO OCCUPATIONAL LICENSES IN CHRISTMAS TREE MER- CHANTS BY REPEALING SAID SECTIONS; AND AMENDING CHAPTER 28, CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA ENTITLED "PEDDLERS AND TRANSIENT MER- CHANTS" BY REPEALING SAID CHAPTER AND ADOPTING IN LIEU THEREOF A NEW CHAP- TER 28, "PEDDLERS AND TRANSIENT MERCHANTS". NOW THEREFORE, BE IT Regular Session, May 6,1985 ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 24-1 and Sec 24-3(1), Article I, Code of Ordinances, City of Dubuque, Iowa are hereby repealed. Section 2. Chapter 28, Code of Ordi- nances, City of Dubuque, Iowa is hereby repealed and a new Chapter 28 is adopted in lieu thereof: CHAPTER 28 PEDDLERS AND TRANSIENT MERCHANTS ARTICLE L IN GENERAL "See. 28-1. Definition. As used in this Chapter, the follow- ing terms shall have the meanings indi- ca~l: Peddler shall mean any person, whether a resident of this City or not, traveling by foot, motor vehicle or other type of conveyance, from place to place, ficom house to house, or from street to street, offering and exposing goods, wares, merchandise, products or services for sale, or taking or soliciting orders for goods, wares, products, mcr- chandise or services for future delivery, whether the person collects advance payments for such ~ales, or not; pro- vided that such definition shall not include any individual who calls upon or solicits busine~ establishments, pro- fe~sionai offices or institutions, exchisi- vely, or persons who call o n prospective customers by appointment only. Transient Merchant shall mean any person, whether a resident of this City or not, who engages in the busi- ness of selling goods, wares, merchan- disc, or services from any fixed or temporary location, which is temporar- ily maintained, within the City, or when such a business is intermittently carried on and there is no intention to conduct the same permanently within the City, and in addition to the forego- lng, the term shall apply to any person who temporarily locates in the City and engages in the taking of orders for merchandise or services on its own account, whether for immediate or future deliver. Any person shall be pre- sumed to be temporarily or internfit- tentiy selhng or offering to sell goods, wares or merchandise unless such per- son, firm, corporation, partnership or association intends to and does remain continuously in business at each loca- tion where such sales are offered for a period of more than sixty (60) days. The provisions of this Ordinance shall not apply to persons selling at wholesale to merchants, or to persons selling their own art or handicrafts either by themselves or employees, nor to nonprofit civic, charitable, religious or educational groups or members or employees thereof engaged in retail sale for the purpose of fund raising. Sec. 28-2. Peddling from t~m- porary stand or vehicles res- trieted. Peddling shall not be conducted upon the public streets from temporary stand or vehicles to which people are attracted by talking, singing, music, unusual noises or enteteinment or by the use of flares or lights. Sec. 28-3. Sale of food. Food commodities along and upon the street, including ice cream, shall at all times be subject to inspection by the Health Officer or his deputy and this inspection shall apply to the quantity, weight, measure and sanita- tion of the article offered for sale. Unwholesome, rotten or decayed foods shah not be sold or offered for sale and it shah be the duty of the Health Offi- cer or his deputy to condemn such foods wherever found. Sec. 28-4. Sanitation of food vehi. Vehicles upon which foods as described in Sec. 28-3 are carried, the containers hi which the same are hun- died and the food products shall be clean and sanitary, protected against filth, dust, ~es, or other contamlnat- ment in writing, whenever any of the the streets by the bushel or fractional part thereof, the measure thereof shall be ascertained by avoirdupois wcight, computed as by law provided. The license shall be attached to the vehicle from which such products are sold. Sece. 28-5 - 28-16. Reserved. ARTICLE II. LICENSE Sec. 28-17. Required. It sbell be unlawful for any person to engage in business as a peddler or transient merchant, as defined in this Chapter, within the City, without first obtaining a license therefor and paying the license fee as provided in this Chapter. Sec. 28-18. Application; investi- gation fee. (a) Application for peddier's / tran- sient merchant's license under tbis Article shall be filed in duplicate with the City Clerk on a form to be fur- nished by him/her which shall be signed by the applicant and give the following information: (1) Type of license applied for. (2) The name and address of the Regular Session, May 6, 1985 281 person making the application, and if a corporation, the names and addresses fo the officers thereof, and if a firm, pertnership or association, the names and addresses of all the members thereof. (3) If the application is being made by an agent, baihie, consignee or employee, the application shall so state and set out the name and address of such agent, bailee, consignee or employee and shall also set out the name and address of the owner of the goods, wares and merchandise to be sold or offered for sale. (4) The application shall state whether or not the applicant has an Iowa retailer's sales tax prmit and if the applicant has such permit, shall state the number of such permit. (5) If the applicant is a ~orporafion, the application shall state wheti~er or not the appficant is an I0wa corpora- tion or a foreign corporation, and if a foreign corporation, shah state whether or not such corporaion is authorized to do business in Iowa. (6) The value of the goods, wares, products or merchandise to be sold or offered for sale, of the average invert- tory to be carried by any such tran- sient merchant engaging in or conducting an intermittent or rem- perary business, as the case may be. (7) The date or dates upon which such goods, wares, products or met- chandise shall be sold or offered for sale, or the date or dates upon which it is the intention of the applicant to engage in or conduct a temporary or intermittent business. (8) The location and address where such goods, wares or merchandise shall be sold or offered for sale, or such busi- ness engaged in or conducted. (9) The names of two (2) reliable property owners of the City who will certify as to the applicant's good repute and business responsibility, or in lieu thereof, the applicant's finger- prints and any other information that may be requised by the City Manager to properly investigate such reputation and business responsiblity. (10) The applicant shall appoint the City Clerk as agent of ti~e appgcant tdr service of process. In the event of such service the Clerk shall mail by certified mail, return receipt requested, a copy of said service to the last known address of the applicant. Sec. 28-19. Bond required. At the time of filing said appfica- tion and as a part thereof, the appli- cant shah file with the City Clerk a bond, with sureties to be approved by the City Clerk, in a penal sum two (2) times the value of the goods, wares, ~roducts or merchandise to be gold or offered for sale or the average inven- tory to be carried by such transient merchant engaged in or conducting an intermittent or temporary business as shown 'by the application, runaing to the City of Dubuque, for the use and benefit of any purchaser of merchan- dise from such transient merchant who might have a cause of action of any nature arising from or out of such sale against the applicant or the owner of such merchandise other than the appli- cant; the bond to be further condi- tioned on the payment by the applicant of all taxes that may be payable by, or due from the applicant to the State of Iowa or the City of Dubuque; the bond to be further con- ditioned for the payment of any fines that xnay be assessed by any court against the applicant for violation of the provision of this Ordinance; and further conditioned for the payment and satisfaction of any and all causes of actbm against the applicant com- menced within one (1) year from the date of sale and arising from such sale; ~rovided, however, that the aggregate liability of the surety for all such taxes, fines and causes of action shall m no event exceed the principal sum of such bond. Sec. 28-20. Issuance of license. Upon receiving an application, with an appropriate bond attached thereto, for a peddier's / transient merchant's license, the City Manager or his deslg- nee, shall investigate or cause to be investigated, the reputation and char- acter of the applicant. If, upon making such investigation, the City Manager is satisfied that the statements and repre- sentations contained in the application are true, and that the applicant is of ,~ood reputation and character, and the holder of an Iowa retailer's sales tax )ermit, and if a foreign corporation, has the authority to do business in the State of Iowa, the City Manager shall i~ue to the applicant a license. Ped- dlers / transient merchants shall pro- minently display said license and all licenses shall be valid only for the period of time and at the location and place described therein. In the case of qualified applicants proposing to con- , duct business or to sell from more than one (1) location, the City Manager simll imsue a separate license for each such location. Sec. 28-21. Fees. A nonrefundabls license lbe for ped- disrs / transient merchants is hereby 292 Regular Session, May 6, 1985 fixed at twenty-five dollars ($25.00) per day; fifty dollars ($50.00) per week; one hundred dollars ($100.00) per month; or five hundred dollars ($500.00) per year. Sec. 28-22. Misrepresentation. It shall be unlawful for any peddler / tra~xsient merchant making sales or engaging in or conducting a business under a transient merchant's license to make any false or misleading state- ment or representation regarding any article sold or offered for sale by such transient merchant as to condition, quality, original cost, or cost to such peddler or transient merchant of any article sold or offered for sale, or to sell or offer for sale goods, wares, pro- ducts or merchandise of a value in excess of the value thereof as shown by said application, or to sell or offer for sale at retail any goods, wares, pro- ducts or merchandise or to engage in or conduct an intermittent or tenrporary business on any day or at any place other than those shown by such license. Any peddler / transient met- chant who violates this Article shall be ineligible to be granted a license for a period of two (2) years from the date such violation was made. Sec. 28-23. Revocation. The City Manager may revoke any license issued under the provisions of this Ordinance after proper hearing before him/her, by the sending of due notice of said hearing by registeed let- ter, return receipt requested, to the peddler / transient merchant at the last known address not less than ten (10) days before the date of said hear- lng, for any of the following causes: (1) Any misrepresentation on appli- cation for license. (2) Violation of any federal, state or local law. (3) Misrepresentation of the source, condition, quality, weight or measure of the p~x)duct sold by such peddler / transient merchant. (4) If any judgment recovered against such peddler / transient mcr- chant with reference to the operation of the business within the City of Dubuque remains unpaid for a period of six (6) months, provided such judg- merit be not stayed under a superse- deas bond upon appeal from such judgqnent. The City Manager shall give notice of the revocation of any license issued under the provisions of this Chapter to the surety or sureties furnishing the bend provided fi~r herein. In the event of such revocation, no other peddier's / transient merchant's license shall be issued to such appli- cant for a period of two (2) years thereafter. Sec. 28-24. Personal nature; transferability. The peddler's / transient merchant's license granted under this Article shall be personal to the applicant only and shah not be loaned or transferred. Sec. 28-25. Report to City Clerk upon loss required. In the event any license issued under this Article simll become lost or mis- laid, the licensee shall report such fact to the City Clerk immediately. A duplicate license shall be issued upon payment of ten dollars ($10.00). Sec. 28-26. Centrui market. The provisions of tiffs Chapter shall not apply to central market businesses licensed in accordance with Article II, Chapter 24. Sec. 28-27. Town Clock Plaza. (a) The provisions of this Chapter shall not apply to the Town Clock Plaza area. (b) The Town Clock Plaza area is defined as designated by Ordinance No. 37-71; the Main Street right-of- way extending from Town Clock Plaza to the north right-of-way line of Fifth Street and the Sixth Street right-of- way extending ftom the east right-of- way line of Locust Street to the west right-of-way fine of Iowa Street." PASSED, APPROVED AND ADOPTED this 6th day of May, 1985. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald this 20th day of May, 1985. Mary A. Davis It 5/20 City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Manning. Nays--None. Absent--Council Member Kronfaldt. Petition of Arnold N. Honkamp r~ questing City funds, in the amount of $16,000 to assist a local group with Feasibility Study and necessary legal work needed to acquire the operations of American Central Airlines, presented and read. Council Member Beurskens Regular Session, May 6,1985 moved that the petition be received and filed and anthroize the City Manager to execute an Agreement with Arnie Ho~kamp to loan a sum of $16,000 for the purpose of conducting a Feasibility Study on the acquisition of ACA and for legal expenditures. Seconded by Council Member Ham- mci. Carried by the following vote: Yeas--Mayer Brady, Council Mem- bers Bsurskens, Deich, Hammsi, Mann- ing. Nays--Council Member Klue~ner. Absent--Council Member Krunfeldt. Communication of City Manager re- queeting approval of request of Best Beers Corp. and Dubuque Holiday Sales to reconstruct a iamp as previously approved by Ordinance No. 16-84, presented and read. Council Member Hammel moved that the com- muulcatkin be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 159~5 WHEREAS, the City Council of the City of Dubuque, Iowa on May 7, 1984 adopted Ordinance #16-84, granting Best Beers Corporation the right to construct a concrete entry ramp into their building at 2459 Kerper Boulevard; and WHEREAS, modifications in the operation of the building require now that the entrance ramp be reconstructed as both an entrance and exit ramp; and WHEREAS, the City of Dubuque finds and determines that reconstruc- tion of the ramp is in the best interest of the City, and should be approved. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the Ci- ty of Dubuque, Iowa: Section 1. That the r~quest of Best Beers Corporation and Dubuque Holi- day Sales to reconstruct the concrete entry ramp at 2459 Kerper Boulevard be approved~ Sect/on 2. That the revised plan be substituted for tha plan presently at- toched to ordinance No. 16.84, Passed, adopted and approved this 6th day of May, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesuer, Manning. Nays--None. Absent--Council Member Kronfeldt. Petition of A/rport Manager r~- questing approval of additional port- time personnel to the Airport Depart, ment budget, presented and read. Coun. cfi Member Beurskens moved that the petition be received and filed and request for additional personnel approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Krunfeldt. Communication of City Manager sub- mitting Ordinance to provide for regulating parking in the newly created parking lot adjacent to the Iowa Street parking ramp and Hartig Drug, )resented and read. Council Member Hammel moved that tho eemmunica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 21-85 An ORDINANCE Amending the 284 Regular Session, May 6, 1985 Code of Ordinances of the City of Dubuque, Iowa, by enacting a new Subsection (10) to Section 25-304 thereof, by repealing Section 25-305 thereof and enacting a new Section 25-305 in lieu thereof, and enacting a new subsection 131 to Section 25-307 thereof providing for the designation of a Munisipally.0wned Parking Lot for the exclusive Use of Motor Buse~ and prescr/bing a Penalty for Viola- tions thereof, presented and read. Council Member Hammel moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesuer. Carded by the folloWing vote: Yeas~-Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Kluesner, Manning. Nays--None. Abeent--Council Member Kronfeldt. ORDINANCE NO. 21-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SUBSEC- TION (10) TO SECTION 25-304 THEREOF, BY REPEALING SEC- TION 25-305 THEREOF AND ENACTING A NEW SECTION 25- 305 IN LIEU THEREOF, AND ENACTING A NEW SUBSEC- TION (3) TO SECTION 25-307 THEREOF PROVIDING FOR THE DESIGNATION OF A MUNICI- PALLY-OWNED PARKING LOT FOR THE EXCLUSIVE USE OF MOTOR BUSES AND PRESCRIB- ING A PENALTY FOR VIOLA- TIONS 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 be amended by enacting a new Sub- section (10) to Section 25-304 thereof as follows: "Sec~ 25-304. Designated. (10) Lot No. I0: The lot situated on tbe westerly side of the alley located between Iowa Street and Town Clock Plaza and vacated Seventh and Eighth Streets. Section 2. That the Code of Ordl- nances of the City of Dubuque, Iowa be amended by repealing Section 25- 305 thereof and enacting a new Sec- tion 25-305 in lieu thereof as follows: Sec. 25-305. Meters . installation authorized and directed. The City Manager is hereby author- ized and directed to install parking meters in those municipally-owned parking lots designated numerically as Lot ~No. I through Lot No. 8 for the purpose of, and in such numbers and at such places ~ may be necessary to the regulation, control and inspection of the parking of motor vehicles therein. Section 3. That the Code of OrE- nances of the City of Dubuque, Iowa be amended by enacting a new Sub- section (3) to Section 25-307 thereof as follows: Sec. 2g-307. Meters. time and fee schedule for specific lots. (3) Parking Lot No. 10: all parking shall be reserved exclusively for tbe parking of motor buses used for the ~ransportefion of people for compen- sation and the Town Clock Plaza maintenance vehicle. Excluded from parking in said lot are school buses conveying school childreo. Notice of such restrictions shall be )rominantly displayed at the lot entrance. The owner or operator of any vehicle who shall receive notice, either personaily or by the attaching of such notice to said vehicle, that said vehicle is parking in violation of this paragraph shall, within seventy-two (72) hours from the tinge when such notice is served upon him/her or attached to said ve}~cle, pay to the city treasurer as a penalty for such violation the sum of five dollars ($5.00). The use of said lot for the parking of other vehicles or for special events may be permitted upon applicaion to and written approval of the City Man- Passed, approved and adopted this 6th day of May, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of May, 1985. Mary A. Davis It 5/13 City Clerk Regular Session, May 6, 1985 285 Council Member Hammal moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel. I{luesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager sub- mitring Ordinance amending the City Code to define the position of Health Officer for the purposes of administer- ing and enforcing the provisions of the Ambulance Code, presented and read. Council Member Kluesner moved that the connnunicatinn be received and fil- ed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammal, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 22-85 An ORDINANCE Amending the Code or Ordinances of the City of Dubu- clue, Iowa, by repealing the definition of Health Officer in Section 18-16 thereof and enacting a new Definition of Health Officer in Section 18-16 in lleu thereof providing for a definition of Health Of- ricer for the purposes of Administering and Enforcing Standards on Am- bulances and Ambulance Attendants, Attendant-Drivers and Drivers, presented and read. Council Member Kluesner moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two meet'rags prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Abeent--Council Member Kronfeldt. ORDINANCE NO. 22-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THE DEFINI- TION OF HEALTH OFFICER IN SECTION 18-16 THEREOF AND ENACTING A NEW DEFINITION OF HEALTH OFFICER IN SEC- TION 18-16 IN LIEU THEREOF PROVIDING FOR A DEFINITION OF HEALTH OFFICER FOR THE PURPOSES OF ADMINISTERING AND ENFORCING STANDARDS ON AMBULANCES AND AMBU- LANCE ATTENDANTS. ATTEN- DANT-DRIVERS AND DRIVERS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repea6ng the definition of health officer in Section 18-16 thereof and enacting a new definition of health officer in Section 18-16 in lieu thereof as follows: "Sec. 18-16. Definitions. Health officer means the health ser- vices supervisor of the Community Development Department. Passed, approved and adopted this 6th day of May, 1985. James E~ Brady, Mayor ATTEST: Mary A. Davis, City Clerk Publisbed officially in the Telegraph Herald newspaper this 13th day of May, 1985 Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. 286 Regular Session, May 6, 1985 Absent--Council Member Kron- feldt. Communication of City Manager subndtting Ordinance providing for the discontinuation of the Community Development Commission, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Elansner, Manning. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 23-85 An ORDINANCE Amending the Code of Ordinances of the City of Dubu- clue, Iowa, by Repealing Section 11 1/2-11 through 11 1/2-18 thereof, pr~ viding for discontinuing the Communi- ty Development Commission, presented and read. Council Member Beurskens moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner. Manning. Nays--None. Absent--Council Member Kronfeldt. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by t~e following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 23-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 1PA- 11 THROUGH 11~A-18 THEREOF PROVIDING FOR DISCONTINU- lNG THE COMMUNITY DEVEL- OPMENT COMMISSION NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Sections 111/2- 1l through llVz-18 thereof. Pas~sed, approved and adopted this 6th day of May, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of May, 1985 Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, I~]uesner, Man,ting. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing execution of Annual Contribu- tions Contract, presented and read. Council Member Bearskens moved that the communicaU~on be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 140-85 Resolution authorizing and directing the execution of Annual Contributions Contract incorporating au additional 31 units Section 8 existing prograra funds with current 479 unit contract. WHEREAS, the City of Dubuque, Iowa (herein called the "Local Authori- ty'') proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any Regular Session, May 6, 1985 "Projects" as defined in the Annual Contributions Contract and which at any time now or hereafter is incur- porated under the terms of such Con- tract. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A " is hereby approved und accepted both as to form and substance and the Mayor of Dubuque, lowa, is hereby authorized and directed to execute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and the City Manager is hereby authorized and directed to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the ex- ecution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this R~solutior~ the same, unless the con- text shall indicate another or different ln~aning or intent, shall be construed, and are intended to have meaning as follows: 1. The term "Resolution" shall mean this Resolution. 2. All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Con- tributions Contract. Section 3. This approval is effective only if the Annual Contributions Con- tract term shall not expire prior to the final date of the existing term of the currently effective Annual Contribu- tions Contract between the Local Authority and the Government. Passed, adopted and approved th~s 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klueaner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammal, I~luesner, Mamdng. Nays--Nune. Absent--Council Member Krunfeldt. Communication of City Manager re- questing approval to dispose of propet~ ty if certain conditions are met, presented and read. Council Member I~uesner moved that the communica- tion be received and filed. Seconded by Council member Bearskens. Carried by the fullowk~g vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Manning. Nays--None. Absta~--Coundl Member Deich. Absent--Council Member Kron~eldt. RESOLUTION NO. 141-85 Authorizing ~nd Dlreethig the City Manager to execute Lien Heine on a Housing Rehab Loan ff Certain Contingencies are met. WHEREAS, the City of Dubuque holds Housing Rehabilitation liens on property at 1669 Washington, owned by Edna Thompson, in the total amount of $2,793 as recorded by in- struments no. 6335-80 and 6337-80 by Dubuque County; and WHEREAS, the property is in uninhabitable condition as a result of a fire during 1982; and WHEREAS, the City has made reasonable efforts to obtain lien settl~ ment since 1983; and WHEREAS, the owner has offered cash settlement to the City of Dubuque in the amount of $1895.84 resulting from a cash sale to Mark A. Blume in the amount of $3,500.00; and WHEREAS, the purchaser has agreed to rehabilitate the property before June 3, 1986. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA 288 Regular Session, M~y 6, 1985 THAT: Section 1. The City Council approves the purchase agreement dated April 24, 1985 between Edna Thompson and Mark A. Blume. Section 2. The City Manager is authorized und directed to release the liens in the total amount of $2,793.00 1. Receipt of at least $1,895.84 from sale proceeds; 2. Suitable security, acceptable to Corporation Counse~ is obtained from Ednu Thompson to either repay the re. maining $89Z16 to the City in the form of cash or completed rehabilitation on the project on or before June 3, 1986; 3. Closing to occur no later than Jane Passed, adopted and approved this 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the fullowing vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Haramel, Kluesner, Manning. Nays--None. Abstain--Council Member Dcich. Absent--Council Member Kronfeldt. Communication of City Manager re- questing to initiate eminent domain proceedings to acquire a portion of the right-of-way necessary for the reconstruction of the Cedar Cross Road Bridge, presented and read. Council Member Hammel moved that the com- munication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Dalch, Hammal, Kluesner, Manning. Nays--None. Absent--Council Member Krunfeldt. RESOLUTION NO. 142-85 WHEREAS, the City of Dubuque has been negotiating with the owners of record of Lot 2 of 3 of M.L. 233, Lot 3 of 2 of M.L. 233, Lot i of M.L. 21 lA, Lot 2 of M.L. 231, and Lot 1 of M.L. 231 for the purchase of a portion of said lots for the reconstruction of the Cedar Cross Read Bridge; and WHEREAS, the City of Dubuque has not been successful in its attempts to negotiate a sale and purchase price for said portions of Lots 2 of 3 of M.L. 233, Lot 3 of 2 of M.L. 233, Lot 1 of M.L. 211A, Lot 2 of M.L. 231, and Lot 1 of M.L. 231; and WHEREAS, the City of Dubuque finds and determines that eminent d~- main proceedings should be instituted to acquire said purtlons of Lot 2 of 3 of M.L. 233, Lot 3 of 2 of M.L. 233, Lot 1 of M.L. 211A, Lot 2 of M.L. 231, and Lot 1 of M.L. 231. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the Ci- ty of Dubuque, Iowa. Section 1. That eminent domain pro- eeedings be instituted forthwith by the City of Dubuque, Iowa for the acquisi~ tion of a portion of Lot 2 of 3 of M.L. 233, Lot li of 2 ofM. L. 233, Lot1 ofM. f~ 211A, Lot 2 of M.L. 231, and Lot 1 of ~I~ 231, for the r~construction of the Cedar Cross Road Bridge, and that the Corporate Counsel be directed to in- stitate eminent domain proceedings fo~ thwith for and on behalf of the City of Dubuque, Ioww Section 2. That the Corporate Counsel be and is hereby directed and empowered to do any and oll things necessary and incidental to s~d emi- nent domain proceedings. Passed, adopted and approved this 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mom- bers Beurskens, Deich, Hammel, Eluesner, Manning. Nays--None. 290 Regular Session, May 6, 1985 Regular SesBion, May 6, 1985 Absent--Council Member Kron- feldt. Communication of City Manager re- questing to initiate eminent domain proceedings for additional right-of- way acquisition on the Cedar Cross Road Bridge Reconstruction, presented and read. Council Member Hammel moved that the conununica- tion be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 148-85 WHEREAS, the City of Dubuque bus been negotiat'mg with the owners of record of Lot 2 of 3 of 3 of M.L. 231, Lot 4 of M.L. 231, and Lot 3 of M.L. 232, for the purchase of a portion of said lots for the reconstruction of the Cedar Cross Read Bridge; and WHEREAS, the City of Dubuque has not been successful in its attempts to negotiate a sale and purchase price for said portions of Lot 2 of 3 of 3 of M.L. 231, Lot 4 of M.L. 231, and LOt 3 of M.L. 232; and WHEREAS, the City of Dubuque finds and determines that eminent do- main proceedings should be instituted to acquire said portion of Lot 2 of 3 of 3 of M.L. 231, Lot 4 of M.L. 231, and Lot 3 of M.L. 232. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the Ci- ty of Dubuque, Iowa: Section 1. That eminent domain pro- ceedings be instituted forthwith by the City of Dubuque, Iowa for the aequisi- tion ora portion of Lot 2 of 3 of 3 ofM. L. 231, Lot 4 ofM. L. 231, and Lot $ ofM. L. 232 for the reconstruction of the Cedar Cross Road Bridge, and that the Co~, porato Counsel be directed to institute eminent domain proceedings forthwith for and on behalf of the City of Dubu- Section 2. That the Corporate Counsel be and is hereby directed and em- powered to do any and all things necessary and incidental to said emi. nent domain pmseedings. Passed, adopted and approved this 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the foflowlng vote: Yeas--Mayor Brady, Counc'd Mean. bets Beurekene, Deich, Hammel, gluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. BOARDS & COMMISSIONS: Ap- polntment to the Park & Recreation Commission: One Unexpired Term to expire 6-30-86 (Term of D. Willoughby). Applicants: Gary AveERrius, E. Eugene Perry, and Jane M. White. Vote on the appointment was as follows: Mayor Brady voted for White; Council Member Beurskens voted for White; Council Member Deich voted for White; Council Member Hammel voted for White; Council Member Kluesner voted for White; Council Member Manning voted for White. Council Member Kronfeldt - absent. Therefore Jane M. White appointed to the Park & Recrea- tion Commission to fill an unexpired term which win expire June 30, 1986. RESOLUTION NO. 144-85 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and appeov- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- ~ected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Counc'd of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. cI~,SS "B" BEER PERMIT Stephen B. Ankeny (Also Sunday Sales} Dubuque Feet '85 7th & Town Clock Plaza Passed, adopted and approved this 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bourskens moved adoption of the Resolution. Seconded Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Nays--None. Absent--Council Member Krunfeldt. RESOLUTION NO. 145-85 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 Low and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the renewing named ap. plicants a Liquor License. CLASS "C" (COMMERCIAL) B~R AND LIQUOR LICENSE Passed, adopted and approved this 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Counc'd Mem- bers Beurskens, Deich, Hammel, Eluesner, Manning. Nays--None. Abeent--Council Member Kronfeldt. Olde German Bank requesting to transfer their Liquor License to Town Clock Plaza for DubuqueFset Days (contingent upon Council approval for use of space), presented and read. Coun- cfi Member Beurskens moved that the transfer of Liquor License be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, M annin~g. Nays--None. Absent--Council Member Krunfeldt. Communication of Planning and Zen- ing Commission approving final plat of the property located at northwest of the intersection of Dodsen Rd. and US 20, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 146-85 A Resolution approving the Final Plat of the Subdivision of Lot 2 of the SW~ of the SE¼ of Sec. 31, T 89 N, R 2 E of the 5th P.M., excluding Highway R.O.W. in the County of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a final plat of the Subdivision of Lot 2 of the SW¼ of the SE ¼ of Sec. 31, T 89 N, R 2 E of the 5th P.M. excepting Highway R.O.W. in the County of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Regular Session, May 6, 1985 291 Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Lot 2 of the SW~ of the SE~ of Sec. 31, T89N, R2Eofthe5th P.M in the County of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to eh- dorse the approval of the City of Dubu- que, Iowa upon said final plat. Passed, adopted and approved this 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Communication of Planning and Zon- ing reconnnending approval of final plat of "LaVista Estates" located west of the intersection of Yellow Hill Road ~nd J.F. Kennedy Road, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Khiesner, Manning. Nays--None. Abeent--Council Member Kronfeldt. RESOLUTION NO. 147-85 A Resolution approving the Final Plat of "LaVista Estates", Section 9, T 89 N, R 2 E of the 5th P.M., Dubuque County, Iowa WHEREAS, there has been filed with the City Clerk a final plat of the Subdivision of "LaVista Estates", Sec- tion 9, T 89 N, R 2 E of the 5th p.M. in the County of Dubuque, Iowa; and WHEREAS, said final plat has been exalnined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the final plat of ~he Subdivision of "La Vista Estates", Sec- tlon g, T 89 N, R 2 E of the 5th P. M. in the County of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, adopted and approved this 6th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Manning. Nays--None. Absent--Council Member Kronfeldt. MINUTES SUBMITTED: Ad Hoc Dock Committee submitting their report for Council's review and con- sideration; Airport Commission of 4-17; Promotion Committee of Cable Com- munity Teleprogram~ning Commission; Cable TV Regulatory Commission of 4-10; Carnegie-Stout Public Library of 4-16; Five Flags Commission of 4-15; Historic Preservation Commission of 292 3-13 and 4-23; Dock Commission of 4-18; Housing Code Appeals Board of 4-10; Housing Commission of 4-23 Human Rights Commission of 4-8; Park & Recreation Commission of 4-9 Mechanical Board of 4-16; Planning and Zoning Commission of 4-17; Police and Fire Retirement Boards Joint Meeting of 4-19; Zoning Board of Ad- justment of 4-18; Transit Board's Ear- ning Statement and Statistics for month of March, 1985; Civil Service Commission of 3-21, presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch. Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfcidt. NOTICES OF CLAIMS AND SUITS: Mason Bly, a minor, by his parents Patrick & Frances Bly, in unknown amount for personal injuries; Dubuque Bank & Trust Co. vs. City of Dubuque et al submitting foreclosure petition; Jeff Fink vs. City of Dubuque et al, in the amount of $I,000 for meter vehicle damages; Marvin E. Gerhard, Sr., in unknown amount for property damages; Iowa Department of Revenue, in amount of $31.95 for car damages; Paul Lees et ux, in unknow~a amount for property damages; Paul D. S~cingreaber, in unknown amount for car damages; Leo F. Westmark in estimated amount of $628.57 for car damages; Harold Schn~tt in amount of $211.35 for car damages, 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 Kluesner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Khiesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Communication of Corporation Counsel recommending property da~nage claim of Theron Clark be denied, presented and read. Council Member Manning moved that the com- ~nunieatlon be received and filed and Regular Session, May 6, 1985 denial approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klueener, Manning. Nays--None. Absent--Council Member Kronfeldt, Communication of Corporation Counacl reconunending settlement of property damage claim of Betty Crane in the amount of $134.69; Reconunen- ding settlement of property damage claim of Judith Seymour in amount of $444.23; Reconunending settlement of personal injury claim of Paula Trimble in the amount of $1,000, presented and read. Council Member Manning moved that the communication be received and filed and approved settlements and Finance Director to issue the proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, Notice of Intent to file a release of funds for the Downtown Acquisition Demolition and Parking Lot Project, presented and read. Council Member Manning moved that the proof of publication be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, gluesner, Manning. Nays--None. Abeent--Council Member Kronfeldt. Co~ranunicatlan of City Manager sub- n~tting Financial Report of Finance Director and City Treasurer for the month of March, 1985, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Regular Session, May 6, 1985 293 Dubuque Golf & Country Club re- questing permission to display Fireworks on July 4, 1985 at 9:15 p.m. on their grounds, presented and read. Council Member Manning moved that the request be approved, and referred to the City Manager for implementation. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Khiesner, Manning. Nays--None. Absent--Council Member Kronfeldt. May 3, 1985 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1983 Code of Iowa, as amended, written examinations, for the position of POLICE CHIEF, were conducted on February 26, 27, 28, March 1 and 2, 1985 at various remote centers. Oral assessments were held on April 15, 16 and 17, 1985 in Dubuque, Iowa. We hereby certify the following in- dividuals as being eligible to be ap- pointed POLICE CHIEF for the City of Dubuque, Iowa. John Mauss John O'Neal Robert Roberts Respectively submitted, Gerald J. Koppes Dolores A. Reihle John E. Hess ATTEST: Mary A. Davis Secretary Council Member Manning moved that tins communication be received and filed and to be made a matter oI record. Seconded by Council Member I41uesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeidt. There being no further business, Council Member Manning moved to ad- journ. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kronfeldt. Meeting adjourned at 9:24 p.m. Mary A. Davis City Clerk Approved _ 1985 Adopted 1985 Mayor Council Members ATTEST: City Clerk 294 Special Session, May 20, 1985 CITY COUNCIL OFFICIAL Special Session, May 20, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poratlon Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called TO CONDUCT A PUBLIC HEA~ ING ON THE FISCAL YEAR 1985 BUDGET AMENDMENT and acting upon such other business which may properly come before the Council. The invocation was given by Rev. William Dix, Pastor of United Pentecostal Church. PROCLAMATIONS: Week of May 20th as "Hospice Week" received by Rev. Ed Novak; May 22nd as "Foster Grandparent D~y' received by Fonda Corson; May 19-25 as "National Insurance Jerry Guy of the Durrant Group, Inc. gave a status and progress repdrt oo the Dog Racing Facility. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Manning. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publicatlon, certified to by the Publisher, on Notice of Public Hear- ing to consider a project for which Iowa DOT Operation and Capital Aseistsnce is being sought to offset part of the cost of the Keyltho Transit System for FY '85, presented and read. There were no written objectlons received and no oral objectors present at the t'nne set for the Hearing. Council Membex Deich moved that the proof of publication be received and filed. Seconded by Council Member Maurdng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- ing for the purpose to amend the cur- rent budget for Fiscal Year ending June 30, 1985, presented and read. There were no written objections received and no oral objectors were present at the time of the Hearing. Council Member Beurskens moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Cotmc'd Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 148-85 A Resolution amending the current budget for the Fiscal Year ending June 30, 1985 BE IT RESOLVED by the Council of the City of Dubuque, Iowa: Section L Following notice published May 10, 1985 and the public hearing held May 2~ 1985, the current budget is amended as set out herein and in the detail by fund and activity that sup- ports this resolution which was con- sidered at that hearing: Special Session, May 20, 1985 295 Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manhing. Nays--None. RESOLUTION NO. 149-85 A Resolution for the Permanent Transfer of Funds WHEREAS, there is now in the hands of the Treasurer the sum of $15,786 credited to the General Fund and WHEREAS, there is now in the hands of the Treasurer the sum of $18,923 credited to the Airport Con- struction Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $57,900 credited to the Road Use Tax Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $10,000 credited to the Storm Sewer Construction Fund; and WHEREAS. there is now ~n the hands of the Treasurer the sum of $176,451 credited to the Special Assess- ment Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $1,000,000 credited to the Sewer Rental Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $172,388 credited to the Sahitary Sewer Construction Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $79.000 credited to the Water Con- struction Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $7,900,000 credited to the G.O. Bond Proceeds Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $300,000 credited to the Water Opera- tion Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $36,650 credited to the Refuse Collec- tion Fund; and WHEREAS, it is desired to transfer $15,786 from the General Fund to the Golf Construction Fund in order to reserve the prior year net surplus for capital projects; and WHEREAS, it is desired to transfer $18,923 from the Airport Construction 296 Special Session, May 20, 1985 Fund to the General Fund to cover the revenue shortfall from American Cen- tral Airhnes; and WHEREAS, it is desired to transfer $7,900 from the Road Use Tax Fund to the Street Construction Fund for the Cedar Cross Road Corridor Location Study and $50,000 from the Road Use Tax Fund to the Street Construction Fund for the Fiscal Year 1985 Street Program; and WHEREAS, it is desired to transfer $10,000 from the Storm Sewer Con- struction Fund to the Street Construc- tion Fund for the Kennedy Road/Penn- sylvania to University Project; and WHEREAS, it is desired to transfer $176,451 from the Special Assessment Fund to the Street Construction Fund for the Fiscal Year 1985 Street Pro- gram; and WHEREAS, it is desired to transfer $1,000,000 from the Sewer Rental Fund to the Sanitary Sewer Construc- tion Fund for pay-as-you-go financing of future capital improvements; and WHEREAS, it is desired to transfer $165,000 from the Sanitary Sewer Construction Fund to the General Construction Fund for the City's share of sewer improvements related to the Greyhound Park; and WHEREAS, it is desired to transfer $7,388 from the Sanitary Sewer Con- struction Fund to the Wastewater Treatment Construction Fund to close out the trickling filter demolition pro- ject; and WHEREAS, it is desired to transfer $70,000 from the Water Construction Fund to the General Construction Fund as the City's advance for on-site sewer and water improvements related to the Greyhound Park and $9,000 for a main extension; and WHEREAS, it is desired to transfer $7,900,000 in G.O. Bond Proceeds to the General Construction Fund for the Greyhound Park; and WHEREAS, it is desired to transfer $300,000 from the Water Operating Fund to the Water Construction Fund for pay-as-you-go financing of future capital improvements; and WHEREAS, it is desired to transfer $36,650 from the Refuse Collection Fund to the General Construction Fund for refuse hauling expense related to the Greyhound Park. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said sum of $9,767,098, as set forth above, be and the same is hereby transferred from the General Fund, Airport Construction Fund, Road Use Tax Fund, Storm Sewer Construction Fund, Special Assessment Fund, Sewer RentaI Fund, Sanitary Sewer Construction Fund, Water Construction Fund, G.O. Bond Proceeds Fund, Water Operating Fund and Refuse Collection Fund to the Golf Construction Fund, General Fund, Street Construction Fund, Sanitary Sewer Construction Fund, General Construction Fund, Wastewater Treat~ ment Construction Fund, Water Con- struction Fund and General Construe- tion Fund and the C~ty Finance Direc- tot is directed to correct his books ac- eordingly. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kleusner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Fubllsher, on Notice of Pablic Hear- lng, to consider an Ordinance amending Appendix "A" to allow certain condi- tional uses and establish district regula- tions therein, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Hammel moved that the proof of publication be received and filed. Seconded by Council Member Delch. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Special Session, May 20, 1985 Nays--None. Petition of J&B Investments con- taining 19 signatures requesting Council approve Ordinance as propos- ed, presented and read. Council Member Hammel moved that the peti- tion be received and filed, Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--None. ORDINANCE NO. 24-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- ING APPENDIX "A" THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 3-2.1 (10) AND ENACTING A NEW SECTION 3-21. (10) IN LIEU THEREOF TO ALLOW CERTAIN CONDITIONAL USES AND ESTABLISH DISTRICT REGULA- TIONS THEREIN, s~d Ordinance having been previously presented and read at the Council Meeting of May 6, 1985, presented for final adoption. Council Member Hammel moved that the rule requiring an Ordinance to be read at three separate meetings be dispensed with. Seconded by Council Member Deich. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 24-85 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", BY REPEALING SECTION 3-2.1 (10) AND ENACTING A NEW SECTION 3-2.1 (10) IN LIEU THEREOF TO ALLOW CERTAIN CONDITIONAL USES AND ESTABLISH DISTRICT REGULA- TIONS THEREIN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix "A' thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" and by enacting a new Sectibn 3-2.1 (10) thereof as fol- lows: (10) Adaptive uses in historic or architectmally significant structures, provided that: a) the structure or property is either 1) listed on the Nationai Register offfistoric Places or is eligible for such listing ~s determined by the Dubuque Histetic P~eservation Commission, or 21 located in an are~ wl~ch has been designated an Historic Preser~atinn District in accordance with Chapter 19-'A and is supportive of neighbor- hood, city, state or national signifi- cance as detonnined by the Dubuque Historic Pre~rvaU~on Commission; b) only the following uses may be authorized: 11 specialty shops for gift items, handicrafts, or clothing 2) antique shops, 3) floral shops 4) art galleries, artist supplies 5) indoor restaurants serving ~lco- holic beverages only with meals, not to include carryout service, except as provided in No. 6) below,, 6) food service establishmente which may provide food for consumption on the premises, packaged for retail sale or for consumption off the premises. Carry-out items for off-premise con- sumption shall not be dispensed through any drive-through or walk-up window and shall be limited to the fol- lowing items: candies and confections, ice cream and other frozen desserts, non-alcoholic beverages c) application has besn made to the Dubuque Historic Presexvation Com- mission for any change, alteration or modification of the external appear- ance of the building or property; and d) the Board of Adjustment must find that the type of merchandise to he sold, services to be rendered, num- ber of persons or employees on the premises, hours of business and other operational aspects of the proposed use are compatible with the appropriate development and use of neighboring properties and the intended historic or 298 Special Session, May 20, 1985 architectural character ofthe area. All food service establishments providing food for consumption off the premises shall provide adequate controls for refuse. e) off-street parking can be met. (47) Section 2. That the foregoing Amendment has heretofore been approved by the Planning and Zoning CommisSion of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED THIS 20TH DAY OF MAY, 1985. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 28th day of May, 1985. Mary A, Davis City Clerk it 5/28 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of rubllc Hear- lng to consider an Ordinance amending Appendix "A" to allow an additional principal use, namely Grocery Stores, presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hear- ing. Council Member Hammel moved that the proof of publication he received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--None. ORDINANCE NO. 25-85 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF OR- DINANCESi CITY OF DUBUQUE, IOWA BE AMENDED BY REVIS- lNG APPENDIX "A" THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY AMENDING SECTION 3-4.1B TO ALLOW AN ADDI- TIONAL PRINCIPAL, NAMELY GROCERY STORES, said Ordinance have been previously presented and read at the Counc'd Meeting of May 6, 1985, presented for final adoption. Council Member Hammel moved that the rule requiring an Ordinance to be read at three separate meetings be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 25-85 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", BY AMENDING SECTION 3-4.1 B TO ALLOW AN ADDI- TIONAL PRINCIPAL USE, NAMELY GROCERY STORES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix "A" thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", namely by amend- ing Section 3-4.1 B. Principal Permit- ted Uses by adding a new permitted use: 7) Grocery Store (17) and re-num- bering all successive items in tlke man- net as follows: B. Principal Permitted Uses: The foilowing uses shall be permitted in the LI District. 1) Railroads and public or quasi- public utilities including substations (47) 2) General offices (14) 3) Medical/dental lab (8) 4) Personal services (14) 5) Off-street parking lot (N/A) 6) Gas station (18) 7) Grocery Store (17) 8) Bakery (wholesale/commercial) (19) 9) Indoor restaurant (20) 10) Bar/tavern (20) Special Session, May20,1985 11) Automated gas station (18) 12) Service station (2) 13) Drive-up automated bank taller 14) Self service car wash (8) 15) Animaihospital/cliuic (23) 16) Furniture upholstery repair 17) Busfuess services (29) 18) Banks, savings and loans, and credit unions (31) 19) Vending/game machine sales/service (19) 20) Indoor recreation facilities (37) 21) Mail order houses (23) 22) Lumber yards/building matarials sales (19) 23) Construction supplies sales and service (19) 24) Printing and publishing (32) 25) Moving/storage facilities (33) 26) Pull service car wash (8) 27) Auto service centers (34) 28) Auto sales and service (38) 29) Auto repair/body shop (35) 30) Truck sales, service and repair (39) 31) Fa~n implement sales, services and repair (39) 32) Auto parts/supply (17) 33) Mobile heine sales (40) 34) Motorcycle sales/service (41) 35) Boat sales/service (40) 36) Recreation vehicle sales/service (38) 37) Vehicle rental (47) 38) Upholstery shop (42) 39) parking structure (N/A) 40) Personal (29)/buslness services (14) 41) Contractors shop/yard (33) 42) Wholesale Sales/distributor (29) 43) Freight transfer facilities (44) 44) Fuel and ice dealers (33) 45) Agricultural supply sales (19) 46) Cold sterage/focker plant (15) 47) Packing and processing of meat, dairy or food products but not to include slaughterhouses or stockyards (33) 48) Compounding, processing, and packaging of chemical products, but not including highly flammable or expletive materials (33) 49) ManufaCture, assembly, repair ox storage of electrical and electronic pro- ducts, components, or equipment (33) 50) Laboratories for research or engineering (33) 51) W~rehousing and storage facili- ties (33) 52) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or sim- ilar scientific instruments; orthopedic or medical appliances; signs or bill- boards (33) 53) Manufacturing, compounding, i assembly or treatment of articles or products from the following sub- stances: clothing or textiles; rubber; precious or semi-precious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork, but not including the manufacture of such raw substances as a principal operation (33) ( ) Parking Group - See Sec. 4-2 of this ordinance. Section 2. That the foregoing Amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED THIS 20TH DAY OF MAY, 1985. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 28th day of May, 1985. Mary A. Davis City Clerk It 5/28 Council Member Hammei moved final adoption of the Ordinance. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammet, IGuesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- lng on Plans and Specifications, propos- ed form of contract and estimate of cost for the Schmitt Island - Recreation Complex Road, presented and read. There were no writtan obi ections receiv- ed and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Special Session, May 20, 1985 Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesanr, Kronfeldt, Manning. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO, 150~5 WHEREAS, on the 10th day of April, 1985, plans, specifications, form of contract and estimated cost were fil- ed with the City Clerk of Dubuque, Iowa, for the Schmitt Island - Recrea- tion Complex Road; and WHEREAS, notice of heari~ on plans, specifications, form of contract, and estimated cost was published as quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said prc- ject. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hummel, gluesner, Kronfeldt~ Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of bids for the construction of Schmitt Island Recreation Complex Road AND Communication of City Manager recommending to award con- tract for said project, presented and read. Council Member Kluesner moved that the proof and the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. AWARDING CONTRACT RESOLUTION NO. 151~5 WHEREAS, sealed proposals have been submitted by contractors for the SelnvAtt Island - Recreation Complex Road pursuant to Resolution No. 111-85 and notice to bidders published m a newspaper published hi the City of Dubuque, Iowa on the 19th day of April, 1985. WHEREAS, said sealed proposals were opened and read on the 8th day of May, 1985 and it has been determined that the bid of Flynn Co., Inc. of Dubu- que in the amount of $236,127.25 was the lowest bid for the furnishing of all hber and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa: That the contract for the above im- provement be awarded to Flynn Co.. Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bid- ders. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor Aq~I'EST: Mary A. Davis City Clerk Council Member Klaesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried Special Session May 20, 1985 301 by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of pubificatlon, certified to by the Publisher, on Notice of Public Hear~ ing on plans and specifications, propos- ed form of contract and estimate of cost for the Dodge Street at Wacker Dr/ye Traffic Signal Improvement and ~ersection Lighting Project, presented and read. There were no written objec- tions received and no oral objectors pre. sent at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Counc'd Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 152~5 WHEREAS, on the 10th day of April, 1985, plans, specifications, form of contract and estimated cost were fil- ed with the City Clerk of Dubuque, Iowa, for the Dodge Street at Wacker Drive Traffic Signal Improvements and Intersection Lighting Project; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said pro. ject. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Rluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders for the receipt of bids for the construction of Dodge Street as Wacker Drive Traf~ tic Signal Improvement and Intersec- tion Lighting Project, AND Com- muhicatinn of City Manager recommen- ding to award contract for said project, tresented and read. Council Member Kluesner moved that the proof and communication be received and filed. Seconded by Councf~ Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, 141uesner, Kronfeldt, Manning. Nays--None. AWARDING CONTRACT RESOLUTION NO. 1534~5 WHEREAS, sealed proposals have been submitted by contractors for the Dodge Street at Wacker Drive Traffic Signal Improvements and Intersection Lighting Project pursuant to Resolu- tion No. 117-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of April, 1985. WHEREAS, said sealed proposals were opened and read on the 8th day of May, 1985 and it has been determined that the bid of Tschiggftie Excavating Co. of Dubuque in the amount of $54,626.40 was the lowest bid for the Inrhishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa: That the contract for the above im- provement be awarded to Tschlgg~rie Excavating Co. and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque 302 Special Session, May 20, 1985 for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolutiom Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to h the Publisher, on Notice of Public Hear- ing on plans and specifications, propos- ed form of contract and estimate of cost for the Cedar Cross Road Bridge Replacement, presented and read. There were no written objections reeaiv- ed and no oral objectors present at the time of the Hearing. Council Member Hammel moved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 154-85 WHEREAS, on the 10th day of April, 1985, plans, specifications, form of contract and estimated cost were fil- ed with the City Clerk of Dubuque, Iowa, for the Cedar Cross Read Bridge Replacement; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said pro- ject. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders for the receipt of bids for the construction of Cedar Cross Road Bridge Replace. merit AND Communication of City Manager recommending to award con- tract for said project, presented and read. Council Member Hammel moved that the proof and communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Kluesner. Kronfeldt, Manaing. Nays--None. AWARDING CONTRACT RESOLUTION NO. 155-85 WHEREAS, sealed proposals have been submitted by contractors for the Cedar Cross Road Bridge Replacement pursuant to Resolution No. 108-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa On the 19th day of April, 1985. Special Session, May 20,1985 WHEREAS, said sealed proposals were opened and read on the 9th day of May, 1985 and it has been determined that the bid of States Construction Company of Des Mdines in the amount of $856,731.62 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifics- lions. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to States Con- structinn Company and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubu- que for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con. tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammal moved adoption of the Resolution. Seconded by Council Member Deich, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning~ Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- lng on plans and specifications, propos- ed form of contract and estimate of cost for the Schmitt Island - Recreation Complex Sanitary Sewer, presented and read. There were no written objec- tions received and no oral objectors pre- sent at the time of the Hearing. Council Member Beurskens moved that the pro- of of publication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Bsarskens, Deich, Hammel, Flues- ncr, Kronfeldt, Manning. Nays--None. BESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 156-85 WHEREAS, on the 10th day of April, 1985, plans, specifications, form of contract and estimated cost were ill- ed with the City Clerk of Dubuque, Iowa, for the Schmitt Island - Recrea- tion Complex Sanitary Sewer; and WHEREAS, notice of hearing on plans, specifications;~form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CI'I~Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said prc- ject. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Fluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders for the receipt of Bids for the constru~tinn of Schmitt Island- Recreation Complex Sanitary Sewer, AND Communication of City Manager recommending to award Contract for said project, presented and read. Council Member Beurskens moved that the proof and communication be received and filed. Saconded by Council Member Hammel. Carried by the followiug vote: Special Session, May 20, 1985 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel~ Kluesner, Kronfeldt, Manning. Nays--None. AWARDING CONTRACT RESOLUTION NO. 157-85 WHEREAS, sealed proposals have been submitted by contractors for the Schmitt Island - l~creation Complex Sanitary Sewer pursuant to Resolution No. 114-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of April, 1985. WHEREAS, said sealed proposals were opened and read on the 9th day of May, 1985 and it has been determined that the bid of McDermott Excavating of Peosta in the amount of $78,021.65 was the lowest bid for the fumishlng of sil labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to McDermott Excavating and the Manager be and is hereby directed to execute a contract on behaff of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bend, the City Treasurer is authorized and instructed to return the h/d deposits of the unsuccessful bid- ders. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carded by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Flues- v,~r, Kronfeldt, Manning. Nays--None. Proof of publication, on Notice of Public Hearing on plans and specifica- tions, proposed form of contract and estimate of cost for the Five Flags Theatre HVAC Retrofit, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 158-85 WHEREAS, on the 20th day of May, 1985, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Five Flags Theatre HVAC Retrofit; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- qnired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said pro- ject. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Fluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Flues- Special Session, May 20, 1985 305 ncr, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders for the receipts of bids for the construc- tion of HVAC Retrofit, AND Com- munication of City Manager recom- mending to award contract for said project, presented and read. Council Member Kluesner moved that the pro- of and communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. AWARDING CONTRACT RESOLUTION NO. 159-85 WHEREAS, sealed proposals have been submitted by contractors for the l~ve Flags Theatre HVAC Retrofit pur- suant to Resolution No. 120-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 18th day of April, 1985. WHEREAS. said sealed proposals were opened and read on the 9th day of May, 1985 and it has been determined that the bid fo Giese Sheet Metal Co., Inc. of Dubuque in the amount of $84,400.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa: That the contract for the above im- provement be awarded to Giese Sheet Metal Co., Inc. and the Manager be and is hereby directed to execute a contract on behaff of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- ter's bond, the City Treasurer is authorized and instructed to return the hid deposits of the unsuccessful bid- ders. Passed, adopted and approved this 20th day of May, 1985. Jalnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, I~uesner, Kronfeldt, Manning. Nays--None. Communication of Planning and Zon- lng Commission approving rezoning of the premises known as 2774 University Ave. from R-2 Family Residential District to C-1 Neighborhobd Commer- cial District, presented and read. Coun- cll Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Council Members Beurskens, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Hanunal. An ORDINANCE An~ending Appen- dix "A" also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying pfc- perty known as 2774 University Ave. from "R-2 Two Family Residential District" te C-1 Neighborhood Com- merclal District", presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance, that the rule requiring an Ordinance to be presented and read at two meetfuge prior to the meeting when final action is made, be dispensed with. Seconded by Council Member Beurskens. Vote on the motion was as follows: Yeas--Council Members Beurskens, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Hummel. MOTION FAILED DUE TO LACK OF sA VOTE. Council Member Beurskens moved that the reading just bed be considered the first reading of the Ordinance and that it be set for Public Hearing on Special Session, May 20, 1985 June 3, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Member Deich. Co~nmunication of Planning and Zoning Commission approving rezon- lng of C-1 Neighborhood Commercial District that includes 2417 and 2501 Rhomberg Ave. to a C-2 Neighborhood Shopping Center District, presented mud read. Council Member Deich mov- ed that the communication be received and filed. Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Council Member Beurskens, Deich, Hummel, Kluesner, Kronfeldt Manning. Nays--Mayor Brady. An ORDINANCE Amending Ap- pendix "A" known as the "Planning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying property including premises known as 2417 Rhomberg and 2501 Rhomberg from "C-1 Neighborhood Commercial District to C-2 Neighborhood Shopp- ing Center District", presented and read. Council Member Deich moved that the reading just had be con- sidered the first reading of the Or- dinance and that the Ordinance be set for Public Hearing on June 3, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Council Member Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady. Communication of Planning and Zoning Commission recommending ap- proval of change to text amendment to the Zoning Ordinance, presented and read. Council Member Beurskens mov- ed that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending Appen- dix "A" known as the Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Sec~ lion 3-3.5E in lieu thereof to allow for certain temporary uses in the C-5 Cen- iral Business District, presented and read. Council Member Beurskens mov- ed that the reading just had be con- sidered the first reading of the dinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammal, Kluesner, Kronfoldt, Manning. Nays--None. Council Member Bearskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action be taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the Ordinance be set for Public Hearing on June 3, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hummel, Kluesner. Kronfeldt~ Manning. Nays--None. Communication of City Manager recommending the vacation and sale of a pubhc Alley adjacent to the property of Martin A. Gansemer, 515 Strauss, presented and read. Council Member Beurskens moved that the communica- fion be received and filed. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Special Session, May20, 1985 An ORDINANCE Vacating a per- t/on of the alley between Brunswick Street and Balke Street, from the north property llne of Strauss Street 75 feet to the north, presented and read. Council Member Beurskens mov- ed that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member I-Iammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme], Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final actinn is taken, be dispensed with. Seconded by Council Member Hanunel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Or- dinance on June 3, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Hanunel. Carded by the following vote: Yeas--Mayor Brady, CounCil Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None, Communication of City Manager sub- witting bidding procedure for the pay- lng of the Northwest Arterial from Pen- nsylvadia Ave. to Asbury Road, presented and read. Council Member Kluesner moved that the communica- don be received and filed. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 1604/5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU. QUE, IOWA: That the proposed plans, specifica. tion, form of contract and est/mated cost for the Northwest Arterial from Pennsylvania Avenue to Asbury Read, P.C.C. Paving and Street Lighting, in the estimated amount of $616,655.49, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Counc2 Member Kluesner moved ap- proval of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 161-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its pre 'hminary approval on the proposed plans, specifications, and form of con- lract and placed same on file in the ob rice of the City Clerk for public inspec- ~/on of the Northwest Arterial from Pennsylvania Avenue to Asbury Road, P.C.C. Paving and Street Lighting. NOW, THEREFORE, BE IT RE- SOLVED that on the 17th day of June, 1985, a public hearing will be held at 7:30 p,m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and spec'dications, f~rm of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hear- ing to be published in a newspaper hay- lng general circulation in the City of Dubuque, Iowa, which notice shall not 3O8 Special Session, May 20, 1985 be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or qstimated cost of the improvement. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDERING BIDS RESOLUTION NO. 162-85 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Northwest Arterial from Pennsylvania Avenue to Ashary Road, P.C.C. Paving and Street Lighting is hereby ordered to be advertised for bids for construction, BE IT FURTHER RESOLVED, that the amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construc- tion of the improvements herein provid- ed, to be published in a newspaper hav- ing general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more twenty days prior to the reccipt of said bids at 2:00 p.m. on the 11th day of June, 1985, Bids shall be opened and read by the Ci- ty Clerk at said time and will be submit- ted to the Council for final action at 7:30 p.m. on the 17th day of June, 1985. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krenfeldt. Carried by the following vote: Yeas~-Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- witting bidding procedures for the con- struction of a rock retaining wall on the previous site of the Rotman Building, presented and read. CounCil Member Hammel moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Kronfeldt, Manning. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 1634~5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Rotman Retaining Wall,/n the estimated amount of $37,631, are hereby approved and ordered filed in the office of the City Clerk for public in- spectinn. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved ap- proval of the Resolution. Seconded by CounCil Member Manning. Carried by the following vote: Yeas~-Mayor Brady, Council Mem- Special Session, Mny 20, 1985 bars Beurskens, Dalch, Hammal, Kluesner, Kronfoldt, Man,lng. Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 164-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fica of the City Clerk for public inspec- tion of the Rotman Retaining Wail, NOW, THEREFORE, BE IT RE- SOLVED that on the 17th day of June, 1985, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration. At the hear- lng, any interested person may appear and filed objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayur Brady, Council Mem- bers Beurskens, Deich, Hammel, Khiesner, Kronfeldt, Manning. Nays--None. ORDERING BIDS RESOLUTION NO. 165-85 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Rotman Retaining Wall is hereby ordered to be advertised for bids for construction, BE IT FURTHER RESOLVED, that the amount of the~ security to ac- company each bid shall be hi an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted, That the City Clerk is hereby directed to advertise for bids for the construc- tion of the improvements herein provid- ed, to be published hi a newspaper hay- lag general circulation in the City of Dubuque, Iowa, winch notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:09 p.m. on the 6th day of June, 1985. Bids shall he opened and read by the City Clerk at said t'ane and will be submitted to the Council for final action at 7:30 p.m. on the 17th day of June, 1985. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitring procedure for repairs to the Main and 14th Street Storm Sewer, presented and read. Council Member Hammel 'moved that the communica- tion be received and filed. Seconded by Council Member Deich. Carried by the foli0wing vote: Yeas--Mayor Brady, Coundl Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. PRELIMINARY APPROVAL OF 310 Special Session, May 20, 1985 PLANS AND SPECIFICATIONS RESOLUTION NO. 166-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Main and 14th Street Storm Sewer Rehab'ditation, in the estimated amount of $75,009.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammei moved ap- proval of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mnyor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 167415 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its pr 'elnninary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion of the Main and 14th Street Storm Sewer Rehabilitation, NOW, THEREFORE, BE IT RE- SOLVED that on the 17th day of June, 1985, a public hearing will be hald at 7:30 p.m. in the Public Library Auditorium at which thne interested parsons may appear and be heard for or against the proposed plans and specification, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hear- ing to be published in a newspaper hav- ing general circulation in the City of Dubuque, Iowa, wMch notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. Atthe hearing, any interested person may appear and file objections to the proposed plans, ~rpecifications, contract, or estimated cost of the improvement. Passed, adopted and approved tins 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City,Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, l(luesner, Kronfeldt, Manning. Nnys--None. ORDERING BIDS RESOLUTION NO. 168-85 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Main and 14th Street Storm Sewer Rehabilitation is hereby ordered to be advertised for bids for construc- tion. BE IT FURTHER RESOLVED, that the amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted, That the City Clerk is hereby directed to advertise for bids for the construc- tlon of the improvements herein provid- ed, to be published in a newspaper hav- ing general circulation in the City of Dubuque, Iowa, which notice shall not he less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 6th day of June, 1985. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 17th day of June, 1985. Passed, adopted and approved this 20th day of May, 1985. Special Session, May 20, 1985 311 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammal moved adoption of the Resolution, Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitting response to a petition of the residents of Carter Court regarding traffic from the Peter Pan Preschool located at 1878 Carter Court and recommending petition be received and filed, presented and read. Jane Torn- biota, 1876 Carter Ct. and Kandis Hag- gstrom, 1874 Carter Ct., stated that traffic is bad and would like to have the problem resolved. Council Member Kluesner moved that the communica- tion be received and filed and recom- mendation of the City Manager be ap- proved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Eluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager making kis appointment of position of Chief of Police for the City of Dubuque and requesting approval of the City Council, presented and read. Council Member Beurskens moved that the communication be received and filed and recommendation of John Mauss as Police Chief be approved. Seconded by Council member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing approval of an Agreement bet- ween the City and the Washington Neighborhood Tool Library, presented and read. Council Member Kluesner moved that the connnunication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 169-85 A Resolution approving a funding agreement between the City of Dubuque and the Washington Neighborhood Tool Library, Inc. and authorizing and directing the City Manager to execute said agreement on behalf of the City of Dubuque, I~wa WHEREAS, the City ot Dubuque, Iowa, has negotiated with the Washington Neighborhood Tool Library, Inc. to provide previously sup- plied services for the expressed purpose of aiding the City of Dubuque to pre- vent the spread of slum and blight within the City; and WHEREAS, the terms and Condi- tions under which Washington Neighborhood Tool Library, Inc. will be funded for providing the above- described services are set forth in a Funding Agreement, a copy of which Agreement is hereto attached and by this reference made a part thereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iow~ and the Washington Neighborhood Tool Library, lac. be and the same is hereby approved. Section 2~ That the City Manager be and he is hereby authorized and d~'rected to execute said Agreement for and on behalf o[ the City of Dubuque, Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: 312 Special Session, May 20, 1985 Yeas--Mayor Brady, Council Mem- bers Beurekens, Deich, Hammul, Khiesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitring three Ordinances to update the City Code of Ordinances relating to ac- tivities on waters under the jurisdiction of the City of Dubuque, presented and read. Council Member Beurskens mov- ed that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfaldt, Manning. Nays--None. ORDINANCE NO. 26-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (5) OF SECTION 9 1/2-27 AND ENAC- TING A NEW SUBSECTION (5) OF SECTION 9 1/2-27 PROVIDING FOR NOISE RESTRICTION FOR WATERCRAFT, presented and read. Council Member Beurskens moved that the reading ~ust had be considered the first reading of the Ordinance. Second- ed by Council Member Manning. Car- ried by the following vote: Yeas--M~yor Brady, Council Mem- bets Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to he presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 26-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (5) OF SECTION 9V2-27 AND ENACTING A NEW SUBSECTION (5) OF SEC- TION 9V2-27 PROVIDING FOR NOISE RESTRICTION FOR WATERCRAFT NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordi- nances of the City of Dubuque, Iowa, he amended by repealing Subsection (5) of Section 9~-27 thereof and enact- kig a new Subsection (5) of Section 9~A-27 in lieu thereof as follows: "Sec. 9%-27. Water operation (5) No watercraft shall be operated without a suitable and effective muf- fling device which limits the total mul- tiple noise to not more than eighty-six (86) decibels at a distance of fifty (50) feet or greater distance as measured by the A-weighting network as defined 5y Section 26-139 of this Code." Passed, approved and adopted this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 29th day of May, 1985. Mary A~ Davis City Clerk lt5/29 Council Member Beurskens moved flnal adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, 'Hammul, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 27-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION (a) OF SECTION 9 1/2-30 THEREOF AND ENACTING A NEW SUBSECTION (a) OF SECTION 9 1/2-30 IN LIEU THEREOF PROVIDING FOR THE REGULATION OF CERTAIN AC- TIVITIES ON WATERS UNDER THE CONTROL OF THE CITY, presented and read. Council Member Special Session, May 20, 1985 313 Beurskens moved that the reading just had be considered the first reading of the Ordinance. Seconded by Counc'd Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~ueener, Kronfeldt, Manning. Nays--None. Council Member Benrskens moved that the rule ~eqniring an Ordinance to be presented and read at two meet'rage prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Ffluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 27~85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE ' CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION (a) OF SECTION 9~A-30 THEREOF AND ENACTING A NEW SUBSECTION (a) OF SECTION 9~-30 IN LIEU THEREOF PROVIDING FOR THE REGULATION OF CERTAIN ACTI- VITIES ON WATERS UNDER THE CONTROL OF THE CITY NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordi- nonces of the City of Dubuque, Iowa be amended by repealing Subsection (a) of Section 9~A-30 thereof and enact- ing a new Subsection (a) of Section 9~-30 in lleu thereof as follows: "Sec. 9-%-30. Activities prohibited. (a) No person shah swim, ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in water skiing, surfboarding or similar activity at any time in the fol- lowing areas: (1) Dubuque Marina Harbor (2) Bissell Harbor 3) Schmitt Harbor (4) Dove Harbor, Seventh Street area (5) Ice Harbor In ~11 other areas under the juris- diction of the City, no person shall swim, ice skate or operate a vessel towing a person or persons on water skis, surfooard or similar device, nor shall any pe~on engage in water ski~ lng, surbearding or ~nilar activity at any time between the hours of one- haft hour after snaset to sunrise." Psssed, approved and adopted this 20th day of May, 1985. Jame~ E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of May, 1985. Mary A. Davis City Clerk It 5/29 Council Member Beurskens moved final adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Counc'fl Mem- bers Beurskens, Delch, Hammel, Klueener, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 28-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 9 1/2-32 THEREOF AND BY ENACTING A NEW SECTION 9 1/2-32 IN LIEU THEREOF PROVIDING FOR ICE FISHING SHELTERS, presented and read. Council Member Beurskens mov- ed that the readhig just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requh4~g an Ordinance to be presented and read at two meetings prior to the meethig when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, .Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--None. ORDINANCE NO. 28-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF 314 Special Session, May 20, 1985 THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 9V~-32 THEREOF AND BY ENACTING A NEW SECTION 9~-32 IN LIEU THEREOF PROVIDING FOR ICE FISHING SHELTERS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 9~A- 32 thereof and by enacting a new Sec- tion ~h-32 in lieu thereof as follows: ~'Sec. 9~-32. Ice fishing shelters. (a) The following rule shall govern the placement, construction or erection of ice fishing shelters left on the ice overnight: (1) The ice fishing shelter and material used in construction shall be removed from on or over City con- ~olled land or waters on or before ice melt or February 20 of each year, whichever comes first unless extended by pubfic notice by the City Manager. (2) The location, type and materials used in the construction of an ice fish- ing shelter shall be approved by the Dock Division Manager. (3) The full name, telephone num- ber, street address and the city of the building or structure owner of all structures left on the ice overnight shall be pain,ed legibly in a color con- trasting to the background on all sides of the shelter in block letters at least four (4) inches in height. (4) The owner information displayed in accordance with the provisions of this Section will act as the permit for the placement of ice fishing shelters on or over City controlled land or waters. (5) Structures or buildings used as ice fishing shelters shall not be locked when in use. (6) All fishing shelters on the ice after sunset shall have amber reflec- ters attached to all sides of the struc- ture in such a manner to enable them to reflect light at all times between the hours of sunset and sunrise." Passed, approved and adopted this 26th day of May, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in .the Telegraph Herald newspaper this 29th day of May, 19~5. Mary A. Davis City Clerk It 5/29 Council Member Benrskens moved final adoption of the Ordinance. Seconded by Council Member Mann- lng. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--Nune. Communication of City Manager sub- mitring Ordinance regarding vehicle stopping at Railroad Crossing, presented and read. Council Member Beurskens moved that the communica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yens--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Krunfeldt, Manning. Nays--None. ORDINANCE NO. 29-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-186 THEREOF AND BY ENACTING A NEW SECTION 25-186 IN LIEU THEREOF PROVIDING FOR THAT CERTAIN VEHICLES MUST STOP AT RAILROAD CROSSINGS, presented and read, Council Member Beurskens moved that the rending just had be considered the first reading of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krenfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiting an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 294~5 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF Special Session, Ma ~ 20, 1985 315 THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 25-186 THEREOF AND BY ENACTING A NEW SECTION 25-186 IN LIEU THEREOF PROVIDING FOR THAT CERTAIN VEHICLES MUST STOP AT RAILROAD CROSSINGS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 25- 186 thereof and elmcting a new Sec- fion 25-186 in lieu thereof as follows: "Sec. 25-186. Certain vehicles must stop at railroad crossings. (a) The driver of any motor vehicle carrying passengers for hire, or any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids or other hazardous materials as defined by the Federal Department of Trans- por~afion, 49 Code of Federal Regula- tions, section 170 to section 189 of 1975 as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty (50) feet but not less than ten (10) feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train except as herein- aRer provided, and shah not proceed until he/she can do so safely. (b) No stop need be made at any such crossing where a police officer or traffic control signal directs traffic to proceed. No stop need be made at a crossing designated by an "exempt'! sign. An "exempt" sign shah be posted only where the tracks have been par- tially removed on either side of the roadway." Passed, approved and adopted this 20th day of May, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of May, 1985. Mary A. Davis City Clerk It 5/29 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication df City Manager sub- witting Ordinance providing for reserv- ed parking spaces in those Municipal Parking Lots identified as Lots 3, 5, 7 and 9, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt; Manning. Nays--None. ORDINANCE NO: 30-85 AN ORDINANCE AMENDING ~HE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THE FIRST UN- qUMBERED PARAGRAPH AND SUBSECTION (2) OF SECTION 25-307 THEREOF AND ENACTING A NEW FIRST UNNUMBERED PARAGRAPH AND SUBSECTION (2) OF SECTION 25-307 IN LIEU THEREOF PROVIDING FOR RESERVED PARKING IN PARK- ING LOTS NO. 3, 5, 7 and 9 AND PRESCRIBING A PENALTY FOR VIOLATIONS, presented and read. Council Member Beurskens moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, IGuesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetinge )rior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 30-85 316 Special Session, May 20, 1985 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THE FIRST UNNUMBERED PARAGRAPH AND SUBSECTION (2) OF SEC- TION 25-307 THEREOF AND ENACTING A NEW FIRST UNNUMBERED PARAGRAPH AND SUBSECTION (2) OF SEC- TION 25-307 IN LIEU THEREOF PROVIDING FOR RESERVED PARKING IN PARKING LOTS NO. 3, 5, 7 AND 9 AND PRE- SCRIBING A PENALTY FOR VIOLATIONS. 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 Dubuqe, Iowa be amended by repealing the first unnum- bered paragraph and Subsection (2) of Section 25-307 thereof and enacting a new first unnumbered paragraph and Subsection (2) of Section 25-307 in lieu thereof as follows: "Sec. 25-307. Same - time and fee schedule for specific lots. Parkingmetersond municipally owned parking lots, when installed and properly operated, shall show legal parking upon and after the deposit of United States coins, and in the non- metered parking lots, parking spaces shall be reserved in accordance with the following schedules: (2) On Parking Lot No. 3, reserved parking for each space for the sixteen (16) parking spaces for which parking meters have not been installed shall be rented at an m~nual rent, payable in advanee, of four thousand and eighty dollars ($4,080.00) for the period of April 1, 1985 through March 31, 1986; and thereafter, the annual rental shall be increased or decreased, as the case may be, for any percentage increase or decrease in the Consumer Price Index. In no event shafi the annual rental be less than four thousand and eighty dollars ($4,080.00). On Parking Lot No. 5, reserved parking for each space for which a parking meter has not been installed shall be reserved by the City for assignment by the City Manager for purposes of carrying out the business of City government. On Parking Lot No. 7, reserved parking for all parking spaces shall be at a ~nonthly rate, payable in advance, of fifty dollars ($50.00). On Parking Lot No. 9, reserved parking for each space shall be between the hours of 6:00 a.m. and 6:00 p.m. daily, including Saturdays, Sundays and holidays at a monthly rate of eighteen dollars ($18.00). Notice of such restrictions in Park- ing Lots No. 3, 5, 7 and 9 shall be dis- played at each lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle, that said vehicle is parked in violation of this subsection shall, within seventy-two (72) hours from the ime when such notice is served upon him/her or attached to said vehicle, )ay to the City Treasurer as a penalty for such violation the sum of five dol- lars ($5.00)." Passed, approved and adopted this 20th day of May, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of May, 1985. Mary A. Davis City Clerk It 5/29 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the foliowlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitring Ordinance in response to a peti- ion of the residents of the Nightengale Lane area regarding traffic from the W.R.A. Complex, presented and read. Council Member Hammel moved that the communication be received and fil- ed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 31-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-257(d) PRO- VIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE Special Session, May 20, 1985 317 THEREOF, NO PERSON SHALL, AT ANY TIME, PARK A VEHICLE UPON ANY OF THE FOLLOWING DESCRIBED STREETS OR PARTS OF STREETS, presented and read. Council Member Hammel moved that the reading just had be considered tbe first reading of the Ordinance. Second- ed by Council Member Beurskens. Car- rled by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, IGuesner, Kronfeldt, Manning. Nays--None. Council Member Hamme! moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 31~85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-257(d) PROVIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF~ NO PERSON SHALL, AT ANY TIME, PARK A VEHICLE UPON ANY OF THE FOLLOWING DESCRIBED STREETS OR-PARTS OF STREETS 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 is hereby amended by enacting a new subsection to Section 25-257(d) thereof, as follows: "Sec. 25-257. Prohibited or desig- hated streets or portions thereof. (d) Nightengale Lane, both sides, from Cedar Cross Road to the westerly cor- porate lhnits." Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Passed, approved and adopted this 20th day of May, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of May, 1985. Mary A. Davis City Clerk It 5/23 Council Member Hammol moved final adoption of the Ordinance. Seconded by Counc'd Member Beur- skens, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitting Ordinance in response to a re- quest from Mr. Patrick Feneinn to place an overhang above the entrance to Fenelon's Finer Foods, Inc. overhang- ing Jackson St. right-of-way, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Daich. Carried by the follow- ing vote: Yeas--Mayor Brady, Counc'fl Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 32-85 An ORDINANCE Authorizing Patrick Fenaion to construct a roofing overhang, presented and read. Council Member Beurskens moved that the reading just had be considered the first reading of the Ordinance. Seconded by Counc'fl Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. CounCil Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meeUmge prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, CounCd Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 32-85 AN ORDINANCE AUTHORIZING 318 Special Session, May 20, 1985 Patrick Fenelon TO CONSTRUCT A roofing overhang NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Patrick Fenelon as owners of the premises known as Ken Fenelon's Finer Food, 3130 Jackson, Dubuque, Iowa, and legally described as Lot 2 and the North ~ of Lot 1 of Liebe's Subdivision in the City of Dubuque, be and they are hereby granted the revocable permit and authority to construct and maintain a roofing overhang of 2 feet over City property, under the terms and con&- tions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a) Assume any and all llablility for danmges to persons or property which may result from the existence, loca- tion, installation, construction or main- tenance of said roof overhang; b) Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the loca- tion, installation, existence, construc- tion or maintenance of said roof overhang sustained by any person or persons, caused by accident or other- wise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, instsllation, exis- tence, construction or maintenance of roof overhang and to pay reasonable attorney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third person~ or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connec- tion with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said roof overhang and in the event of their failure so ts do, the City of Dubuque shall be authorized to remove said roof overhang at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said roof over- hang. Section 5. That permittees convert- ant and agree that the revocable per- mit herein granted does not constitute an approval of the design, erection, location, construction, repair or main- tenance of said facility and said per- mittses hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, per- sonal injuries and/or property damage against the permittees arising out of or in any way connected with the loca- tion, installation, construction, design, repair and maintenance of the facili- ty herein permitted. Section 6. This Ordinance shall become effective and the rights here- under accrue to Patrick Fenelon when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permit- tees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and the is authorized and directed to file at permittees' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, Iowa. P~sed, approved and adopted this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 32-85 The undersigned having read and being familiar with the terms and con- ditions of Ordinance No. 32-85 hereby, for themselves, their successors or assigns, as owners of the abutting prop- erty, accept the sam~ and agree to be bound by the conditions and agree- merits therein contained to be per- formed by permittees. Dated: 5/7/85 BY:/s/Patrick L. Fenelon Special Session, May ~0, 1~5 319 /s/Carol M. Fenelon Property Owner Published officially in the Telegraph Herald newspaper this 29th day of May, 1985. Mary A. Davis It 5/29 City Clerk Council Member Benrskens moved final adoption of the Ordinance. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitring Ordinance in response to a peti- tion from residents in the Beverly and Brown Street area, presented and read. Council Member Hammel moved that the communication be recoiv~t and fil- ed. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurakens, Dnich, l-Iammel, Kluesner, Kronfeldt, Marming. Nays--None. ORDINANCE NO. 33~5 AN ORDINANCE AMENDING THE CODE OR ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-210, SUBSECTION (b) OF SAID CODE PROVIDING THAT THOSE IN- TERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTERSECTIONS" FOR ALL PURPOSED OF THIS SECTION. VEHICLES BOUND IN THE DIREC- TION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED INTERSECTION, presented and read. Council Member Hammel moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, he dispensed with. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, gluesner, Kronfoldt, Manning. Nays--None. ORDINANCE NO. 33~5 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-210, SUB- SECTION (b) OF SAID CODE PRO- VIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTERSECTIONS" FOR ALL PURPOSES OF THIS SEC- TION. VEHICLES BOUND IN THE DIRECTION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED INTERSECTION. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa is hereby amended by enacting a new subsection to Section 25-210, (b) thereof, as follows: **Sec. 25-210. STOP INTERSEC- TIONS. (b) Those intersections designated are hereby declared to be "Stop Intersec- tions'' for all purpose of this intersec- tlon. Vehicles bound in the direction indicated must step before entering the designated intersection. NORTHBOUND AND SOUTHBOUND Brown Street and Beveriy Avenue Section 2. That all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. PABSED, APPROVED AND ADOPTED this 20th day of May, 19~5. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of May, 1985. Mary A. Davis City Clerk It 5/28 Coun(il Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Dsich. Carried by the following vote: 320 Special Session, May 20, 1985 Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klueener, Kronfeldt, Manniv~. Naye--None. Communication of Corporation Counsel recommending denial of back- up sewer claim of Mary Ellen Lyons (said claim previously denied at Council Meeting of April 15, 1985 and referred back to Corporation Counsel for further consideration AND Communication of i City Manager recommending settle- ment of Mary Ellen Lyons claim in the amount of $244.76, presented and read. Council Member Hammel moved that the communication be received and fil- ed and settlement .approved with Finance Director to issue the proper check. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskene, Dnich, Hammel, Kronfeldt, Manning. Nays--Council Member Kluesner. PLANNING AND ZONING COM- MISSION APPOINTMENT - Two Three Year Terms which will expire 5-24-85; Applicants: Chuck Carr, Stephen Hardie, David Hart[g, B.J. (Jack) Heltz, Maria Schmitt. Vote on the appointments was as follows: Coun- cil Member Beurskens voted for Schmltt & Holtz; Mayor Brady voted for Hardie and Hat rig; Council Member Deich voted for Hartig and Hardie; Council Member Hammel voted for Hardie and Hart[g; Council Member Kluesner voted for Hardie & Heltz; Council Member Kronfeldt voted for Holtz & Schmi~tt; Council Member Man- ning voted for Cart & Holtz. Therefore, Stephen Hardie and B.J. (Jack) Holtz were appo'mted to a three year term on the Planning and Zoning Commission which will expire May 24, 1988. RESOLUTION NO. 170-85 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of iaw reiat'mg to the sale of Cigarettes within the City of Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Soupy's, Inc. Hudson's 2095 Kerper Blvd. The Dip Tap 1689 Elm St. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor Aq~I'EST: 3412 Pennsylvania Ave. 620 S. Gr~ndview Ave. 2528 Central Ave. Special Session, May 20, 1985 Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 171-85 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- ~pected and found to comply with the Ordhianees of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque. Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bets Beurskens, Deich, Hammel, 321 Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 172-85 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 rely- vant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named pllcants a Liquor License. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing authorization to certify the dellquent Sewer Accounts to the Dubu- que County Auditor for collection, resented and read. Council Member Manning moved that the conunun~ca- t~on be received and filed. Seconded by 322 Special Session, May 20,1985 Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel I~uesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 173-85 Resolution authorizing collection of Dellquent Sewer Accounts in accor- dance with Sections 36-55 and 36-59 of the Cede of Ordinances of the City of Dubuque, Iowa WHEREAS, Section 36-55 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with NA~E AND ADDRESS Mary G, Corel] (Owner) 1460 Miller Road the sanitary sewer system; and WHEREAS, Section 36-59 of the Cede of ordhmnces provides that the City shall have n lien upon the real pr~- petty served by the sanitary system for all dellquent rates and charges; and WHEREAS, delinquent sewer charges shall be certified by the City Clerk to the Dubuque County Auditor for coileetion with, and in the same manner as, general property taxes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons named hereinafter, owning the following described property, have unpaid sewer charges in the amount set na~ and that said charges are delinquent. PROPERTY DESCRIPTION AMOUNT Mineral Lot 499 Lot 1-1-2-3, NE-SW SEC $ 26.91 28TSSN-R2E Section 2. That the City Clerk be and is hereby o~lered and directed to certify to the County Auditor of Dubuque County, Iowa, that the persons named herein is delinquent in the payment of sewer charges in the amount set aside of the name, and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the respective pareels of prope~ ty set opposite the name of the property Section 3. That the delinquent sewer charges by and the same shall be col- leetod wit~ and in the same manner as, general property taxes as provided by law. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending Clerk be authorized to certify to the Dubuque County Auditor a list of delinquent Refuse Collection Accounts, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kron~eldt, Manning. Nays--None. RESOLUTION NO. 174-85 Resolution authorizing the City Manager to collect delinquent refuse collection accounts in accordance with Section 17-3'/(d) of the Code of Ordinances of the City of Dubuque, Iowa WHEREAS, City refuse collection from residential premises, as defined in the Code of Ordinances of the City of Special Session, May 20, 19~5 323 Dubuque, Iowa, is mandatory; and WHEREAS, at least annually, the City Manager is required to prepare a list of persons who are delinquent in the payment of required charges; and WHEREAS, delinquent refuse col- lecUwn charges shall be certified by the City Clerk to the Dubuque County Auditor for collection with, and in the same manner as, general property Nicholas & Marie Merfeld (Owner) 575 Cedar Cross Road Richard Burns 1435 Miller Road Section 2. That the City Clerk be and is hereby ordered and directed to ce~ tify to the County Auditor of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the pay- ment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set op- posite the names of the owners. Passed, adopted and approved this 20th day of May, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons named hereinunde~ owning the property thereby set forth, are delinquent in the payment of refose co~ection charges in the amount set aside of the name. (6-4-4-45) (6-3-5-85) Lot 19 Dubuque Homes Center $ 99,02 Grove Place #2 Lot 1=2-1 Mln Lot 511 $ 51.45 Lot 2 Papke Place $ 57.96 Lot 1-1-2=1-1-2-1-4 Mineral Lot 501 Lot 2-1-1-1-1-2-1-4 Mineral Lot Lot 2-1-2-1-2-1-4 Mineral Lot 501 Lot 2-2-1 Beverly Pines $ 31.29 Yeas--Mayor Brady, Council Member Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Manning. Nays--None. MINUTES SUBMITTED: Human Rights Commission of 4-22; Planning and Zoning Commission of 5-1; Plumb- lng Board of 5-6; Cable Community Teleprogcamming Commission of 5-7; Cable TV Regulatory Commission of 5-1; presented and read. Council Member Manning moved that the minutes be received and filed. Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Cecilia Amerine, in amount of $118 for personal belongings damages; Mary K. Arlen, in amount of $65 for car 324 Special Session, May 20, 1985 damages; Tom Hickey in amount of $139.80 for backed-up sewer damages, 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel advising of judgements rendered and recommending set- tlements of claim for Harold Schmitt in the amount o£ $210.33 plus court costs of $20.10 and interest at the rate of 10% from April 19, 1985 and settlement of claim for Jeff Fink in the amount of $980 plus interest of 10% from April 24, 1985, plus court costs in the amount of $23.20 presented and read. Council Member Manning moved that the com- munication be received and filed and settlements approved with Finance Director to issue the proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel. IGuesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel reconnnending closing of prc- perty damage claim of Patrick D. Apel and property claim of Paul Ste- ingreaber; property damage claim of Barb Sanner; denial of property damage claim of Les Westmark, presented and read. Council Member Manning moved that the communica- tion be received and fried and disposi- l~ons approved. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitting monthly reports of City Treasurer and Finance Director for month of April, 1985, AND Proof of publication of List of Claims for month of March, 1985, presented and read. Council Member Manning moved that the communication and proof be receiv- ed and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Coun(d Mem- bers Beurskens, Deich, Hammel, Kluesner, Kcanfeldt, Manning. Nays--None. Connniseioner of Insurance certifying that the Merchants Bonding Company (Mutual) of Des Moines is authorized to transact bus'mess of Fidelity and Sure- ty Insurance in the State of Iowa, presented and read. Council Member Manning moved that the certificate be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. Peoples Natural Gas Co. submitting their 1984 Annual Report, presented and read. Council Member Manning moved' that the report be received and filed. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Eluesner, Kronfeldt, Mavning. Nays--None. Bethany Home submitting Auditors' Report for period ending December 31, 1984 and 1983, presented and read. Council Member Manning moved that the report be received and filed. Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Dubuque Keyline Bus Facility Rehabilitation Feaeibility Study sub- mitted by Delon Hampton & Associates, Chartered, presented and read. Counc'd Member Manning moved that the Study be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. There being no further business, Coun- 326 Regular Session, June 3, 1985 CITY COUNCIL Special Session, May 20, 1985 cji Member Kronfeldt moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Riuesner, Kronfeldt, Manning. Nays--None. Meeting adjourned - 9:08 p.m. Mary A. Davis City Clerk Approved _ __1985 Adopted __1985 Mayor Council Members ATTEST: City Clerk 325 OFFICIAL Regular Session, June 3, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- pocation Counsel Barry A. Lindald. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the Council called for'the purpose to act upon such business which may pro- perly come before the Council. The invocation was given by Mr. Kenneth Fleming, Professor or Mis- sions at Emmnns Bible College. Council Member Hummel moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Krnnfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hear- ing to rezone property at 2417 and 2501 Rhomberg Ave. from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center, lresented and read. Council Member Deich moved that proof of publication be received and fded. Seconded by Council Member Hummel. Carried by the follow/ag vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Petitlon of Eldon H. Strohmeyer con- raining 17 signatures oppos'mg the zon- ing change for property known as 2417 and 2501 Rhomberg Ave., presented and read. Mr~ Strohmeyer spoke to the petition, along with Eldon Pust, Thn Wright, Gene Leicht, and Dennis Grant, all of Lincoln and Rhomberg Ave., opposing the rezoning. Council Member Deich moved that the petition be received and filed. Seconded by Council Member Hanunel. Carried by the following vote: Yeas--Mayor Brady, Counc'd Mem- bers Beurskens, Dalch, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. AN ORDINANCE Amending the Zoning Ordinance and Zoning Map by reclassifying property known as 2417 Rhomberg and 2501 Rhomberg Ave. from "C-1 Neighborhood Commercial District" to C-2 Neighborhood Shopp- lng Center District", said Ordinance having been previously presented and read at the Council Meeting of May 20, 1985, presented for further action. Counc'd Member Deich moved to not sustain recommendation of the Plann- lng and Zoning Commission and therefore deny the rezoning request. S~conded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, I~uesner, Kronfeldt, Manning. Nays--None. ORDINANCE NOT ENACTED. Proof of Publication, certified to by the Publisher, on Notice of Public Hear- ing to reclassify property at 2774 University Ave. from R-2 Two Family Residential to C-1 Neighborhood Com- mereial, presented and read. No written objections were received and no oral ob- jectors were present at the time of the public hearing. Council Member Beur- skens moved that the proof of publica- tion be received and filed. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Attorney D. Michael King, represen- ting petitioner Gus Mirmer Plumbing, and John Schultz, Rick Stein, Dennis White and Elmer Harder requested Council give favorable approval for the ORDINANCE NO, 3485 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OR OR- DINANCES, CITY OF DUBUQUE,