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1983 February Council Proceedings24 Special Session, January 28, 1983 Regular Session~ February 7, 1983 25 CITY COUNCIL OFFICIAL Regular Session, February 7, 1983. Council Met at 7:30 o'clock p.m., in the Council Chambers, City Hail. Present--Mayor Brady, Council Members Beurskens, Deict Klauer, Khiesner, Manager W. Kenneth Gearhar~ poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this is the I~ MONTHLY MEETING of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Rev, Ken- neth Hindman, President of Dubuque .Area Christians United. PROCLAMATIONS: April 10-17 as ays of Remembrance of the V~ctims of the Holocaust"; February 7-13 as "Office Education Association Week" received by Diane Meyer; February 7-13 as "National Distributive Educa- tion Clubs of America Week" received by students from Senior and Hemp- stead High Schools; February 5-12 as "Youth Hockey Week" received by Jim O'Brien. John Schublln introduced Lindy At- chinson, North Wind Queen for Winter Wonderland I. Council Member Hammel moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Petition of Robert Bertsch, Council for Thermdiyne Corporation, submit- ting an Ordinance allowing them Lo construct a planter and sign in the right-of-way of Kerper Blvd., presented and read. Mr. Bertsch spoke to the petition, requesting approval of the Ordinance. Council Member Beursl~ens moved that the petition be received and filed. Seconded by Codncil Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 3-83 AN ORDINANCE AUTHORIZING THERMOLYNE CORPORATION TO CONSTRUCT A PLANTER AND SIGN, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two Meetings when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 3-83 AN ORDINANCE AUTHORIZING THERMOLYNE CORPORATION TO CONSTRUCT Planter and Sign NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Thermolyne Cot- poration as owners of the premises known as 2555 Kerper Boulevard, Dubuque, Iowa, and legally described as Lots 1, 2, 2A, 2B, 2C of Block 9, Block 10, lot 1 of Block 12, all in River Front Subdivision No. 3, and Lots 1 and 2 of Garvey Place, in the City of Dubuque, Iowa according to the recorded plats thereof, be and they are hereby granted the revocable permit and authority to construct and main- tain Planter and Sign under the terms and conditions set forth in this Ordi- nance. 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 26 Regular Session, February 7, 1983 a) Assume any and all liability for which may result &om the existence, location, Lustallation, construction or maintenance of said Planter and Sign; 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 dam- ages of any kind resulting from the location, installation, existence, con- struction or maintenance of said Planter and Sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location installation, existence, construction or maintenance of Planter and Sign and to pay reasonable attorney fees therefore/and c) Indenmify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to thh'd persons 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 connection with the location, instal- [ation, construction, maintenance and repah' 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 the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at thsh' own expense, remove said Planter and Sign and in the event of their fail- ure to do so, the City of Dubuque shall be authorized to remove said Planter and Sign 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 Planter and Sign. Section 5. That permittees convem ant and agree that the revocable per- nfit herein granted does not constitute an approval of the design, erection, tenance of said facility and said per- mittees hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, Der- sonal injuries and/or property damage against the permittees a~sing out of or in any way connected with the loca- tion, installation, construction, design, repair and maintenance of the facility herein pe~a~itted. Section 6. This Ordinance shall becmne effective and the rights hereun- der accrue to Thermolyne Corporation 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 he is authorized and directed to file at perndttees' expense a copy of this Ordinance in the office of the Recorder in and tbr Dubuque County, Iowa. Passed, approved and adopted this 7th day of February, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 3-83 The undersigned have read and being familiar with the terms and con- ditions of Ordinance No. 3-83 hereby, for themselves, their successors or assigns, as owners of the abutting prop- erty, accept the same and agree to~oe bound by the conditions and agree- ments therein contained to be per- formed by permittees. Dated: February 1, 1983 THERMOLYNE CORPORATION BY: /s/Donald C. Sanders President or Vice~President or Property Owner BY: /s/Donald C. Sanders Secretary or other Officer Published officially in the Telegraph Herald newspaper this llth day of February, 1983. Mary A. Davis City Clerk It 2/11 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of A1 Polsean requesting to address the Council regarding the letter submitted by City Manager at Council Meeting of January, 17, 1983, )resented and read. Regular Session, February 7, 1983 Mr. Polsean, 3515 Crescent Ridge, stated that the responding letter from the City Mgr. contained only partially true statements. Council Member Hammel moved that the petition be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Chairperson of Human Rights Commission requesting to ad- dress the Council in order to present to the City Council a report of their fin- dings regarding the Yarger Report, presented and read. Esther Chi, Chairperson, and Rev. Mark Pries and Dr. Marianne Kessler of the Human Rights Commissior were of opinion some discrepancies and inequities were contained in the Yarger Pay Classification Report. Council Member Beurskens moved that the findings be received and filed and forwarded to Mr. Yarger and the City Manager. Seconded by Council Member Klauer. Vote on the motion Yeas--Mayor Brady, Council Members Beurskens, Deich. Nays--Council Members Hammel, Klauer, Kluesner, Kronfeldt. MOTION FAILED. Council Member Kronfeldt moved that the findings be received and filed. Seconded by Council Member Ham- mci. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing authorization to solicit re- quests for proposals from qualified consultants and to bring back for Council approval a contract to provide the necessary technical services regarding evaluation of rate increase for Cable TV Services, presented and read. Mark Willging, Chairperson of the Cable Regulatory Comm., stated that the needed expertise for such an evaluation was not available in their Commission. Don Delaney, Mgr. of Group W Cable TV., stated that they have to pay additional copyright fecal Council Member Klauer moved to deny the request to solicit requests for proposals from qualified consultants. 27 Seconded by Mayor Brady. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Klauer. Nays--Council Members Beurskens, Delch, Hammel, Kluesner, Kronfeldt. MOTION FAILED. Council Member Hammel moved to received and file the communication and authorize the City Manager to solicit requests for proposals and funds be from franchise fees. Seconded by Council Member Kronfeldt. Mayor Brady moved to amend the motion to state that a consultant be in- formed that they not exceed the fee of $12,000 in the initial correspondence. Seconded by Council Member Klauer. Vote on the amendment was as follows: Yeas--Mayor Brady, Council Member Klauer. Nays--Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. MOTION FAILED. Vote on the original motion was as follows: Yeas--Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Member Klauer. Communication of City Manager re- questing approval to execute a con- tract with Brite, Petrides and Associates, Inc. for conducting the Cedar Cross Location Study, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- Lug vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Me~nber Klauer moved to change the designation of Cedar Cross Extension to the South-West By-Pass (name only) on th required documents. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Klauer. Nays--Council Members Beurskens, Hammel, Kluesner, Kronfeldt. MOTION FAILED. RESOLUTION NO. 18-83 Contract for Professional Services 28 Regular Session, February 7, 1983 Associated wlth the Cedar Cross Ex- tension Corridor Location Study with Brice, Pctrides and Associates, Inc., War erioo, Iowa WHEREAS, the location for the Cedar Cross Corridor is in accordance with the 1990 Transportation Plan; and WHEREAS, a Project Concept Statement for this project has been ap- proved by the Federal Highway Ad- ministration and the Iowa Depart- merit of Transportation; and WHEREAS, an Environmental Assessment and/or Environmental Impact Statement will be required in the establishment of the specific align- ment; and WHEREAS, the firm of Brice, Petrldes and Associates. Inc., of Waterloo, Iowa, was approved as the engineering firm for the study by the City Council in a Resolution adopted on December 6, 1982; and WHEREAS, a scope of services has been developed between Brico, Petrides and Associates and the City of Dubuque and has been approved by the Iowa Department of Transporta~ tion and the Federal Highway Ad- ministration; and WHEREAS. the expected cost of these services will not exceed $126,926.00; and WHEREAS, it is anticipated that the study will be completed in less than 15 months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council ap- prove the contract as proposed for pro. fessional services by Brice, Petrides and Associates, Inc., Waterloo, Iowa, for the conduction ora Corridor Loca. tion Study for the Cedar Cross Align- Section 2. That the City Manager be authorized to execute this contract with Brice, Petrides and Associates, Inc., Waterloo, Iowa. Passed, adopted and approved this 7th day of February, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klauer, Kluesner, Kronfeldt. Nays--None, Communication of City Manager re- questing approval of a Project Agree- merit with the Iowa DOT related to the Cedar Cross Alignment preliminary engineering and the Environmental Assessment Study, presented and read. Council Member Beurskens mov- ed that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 19-83 Resolution Authorizing Approval of Project Agreement No. 82-F-052 with the Iowa Department of Transporta- tion for Preliminary Engineering and the Environmental Assessment Associated with the Cedar Cr~ss Ex- tension Location Study WHEREAS, the City has plans to proceed with the establishment of the Cedar Cross Alignment Study; and WHEREAS, an engineering firm has been selected to conduct this cor- rider location study and a contract is being presented to tho City Council for their approval; and WHEREAS, an Environmental Assessment will be required for the establishment of this specific align- ment; and WHEREAS, it is the desire of the City to have this project eligible for FAUS funding, which represents a seventy-five percent reimburse/nent of the City's cost; and WHEREAS, this project was includ- ed as part of the Five-Year Capital Im- provement Program approved by the City Council in March, 1982~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the attached Regular Session, February 7, 1983 29 Agreement No. 82-F-052 with the Iowa Department of Transportation is hereby approved~ Section 2. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to execute both copies of said Agreement for and on behalf of the City Council. Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Delch, Hammal, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager questing authrization by the Mayor to sign a Project Agreement with the Iowa Dept. of Transportation for tm- provement to be made on 32nd Street, presented and read. Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Klauer, Khiesner, Kronfaldt. Nays--None. RESOLUTION NO. 20-83 Resolution Authorizing the Mayor to Execute a Project Agreement with the Iowa Department of Transportation for Improvements on the 32nd Street Viaduct Crossing. WHEREAS, it is desirable to remove the abandoned Chicago and North Western Railroad bridge on 32nd Street; and WHEREAS, it is planned to replace this bridge with a twenty-four foot wide paving with eight foot shoulders; ahd WHEREAS, the Chicago and North Western Transportation Company has rendered a bill of sale to the City for this bridge, and the bridge is now under the ownership of f~he City; and WHEREAS, it is the desire of the City to have the improvements at this location financed under the FAUS pro- gram in which seventy-five percent of the cost of the improvements will be funded by the Iowa Department of Transportation and the Federal Highway Administration; and WHEREAS, it is necessary that a Project Agreement be executed with the Iowa Department of Transporta- tion in order to be eligible for the FAUS funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be authorized to execute Project Agree- ment M.2957(1]-81~f, which stipulates that the City will be eligible for FA US funding for the approved bridge removal and grading of a twenty-four foot wide paving with eight foot shoulders at this location. Section 2. That the City Clerk be directed to forward three copies of this Agreement to the Iowa Department of Transportation for approval by that department. Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing approval of the Engineering Contract with Greenhorue and O'Mara, Inc., for services associated with the installation of a heat recuperator at the Wastewater Treat- ment Plant, presented and read. Council Member Klauer moved to refer the above to Staff for investiga- tion and feasibility of a performance bond, with input from the City of Duluth, MN. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 30 Regular Session, February 7, 1983 bers Beurskens, Deich, HammeJ FAauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager re- questing Mayor be authorized to ex- ecute an Agreement with the Dubuque Metropolitan Area Solid Waste Agen- cy for the administration, operation and maintenance of the Dubuque Sanitary Landfili for a period of five years with a five year extension by mutual assent, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 21-83 Operating Agreement Between the Dubuque Metropolitan Area Solid Waste Agency and the City of Dubu- que, Iowa WHEREAS, an agreement was made between the City of Dubuque and the Dubuque Metropolitan Area Solid Waste Agency dated August 30, 1976, for the operation of the Metropolitan Area Solid Waste Agen- cy Landfill; and WHEREAS, this operating agree- ment between the Dubuque Metropolitan Area Solid Waste Agen- cy and the City of Dubuque is expired; and WHEREAS, it is desirous for the Ci- ty of Dubuque and the Dubuque Metropolitan Area Solid Waste Agen- cy to execute a new operating agree- ment for a peFlod of five years and for an extension of five years by mutual assent; and WHEREAS, the officers of the Dubuque Metropolitan Area Solid Waste Agency has adopted a Resohi- tion authorizing the Chairman of the Dubuque Metropolitan Area Solid Waste Agency to execute this agree- ment with the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the writ- ten agreement by and between the City of Dubuque and the Dubuque Metropolitan Area Solid Waste Agen- cy concerning the operation of the Dubuque Sanitary Landfill, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute said agreement by and on behalf of the City of Dubuque. Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing annexation of the Marshall Park property adjoining_the City, presented and read. Council Member Hammel 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. Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 22-83 Resolution Petitioning the Annexa- tion of Property Known as Marshall Park to the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, Iowa, is the owner of approximately fifty acres of land commonly known as Marshail Park which is legafiy describ- ed as SW¼ of SW¼ and NW¼ of SE¼ of SW¼, allin Section 10, Township 89N, Range 2E of the 5th P.M. in Dubuque Township, Dubuque County, Iowa. WHEREAS, said territory is adjoin- ing but outside of the City of Dubuque and the City of Dubuque desires to in- corporate said territory witbln its city limits to enable it to secure the benefits of city government in the waif Regular Session, February 7, 1983 31 of police and fire protection and other municipal services; and WHEREAS. Chapter 368 of the Code of Iowa provides that owners of land adjoining a city may apply in writing to the Council of the adjoining city requesting annexation of the ter- ritory and that said application must contain a map of the territory showing its location in relationship to the city. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque as the owner of the herainabove described propert~ hereby petitions that said territory by annexed to the City of Dubuque, Section 2. That the territory which the City of Dubuque requests to be an- nexed is outlined in red on the attach- ed map shows the location of the pro- perry in relationship to the existing ci- ty limits of the City of Dubuque, lowa, all in accordance with Chapter 368 of the Code of Iowa. Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 23-83 Resolution Annexing Certain Ter- rltory Known as Marshall Park to the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, Iowa as owner of an area approximate- ly 50 acres in size known as Marshall Park and lying immediately adjacent to the city limits of the City of Dubu- que, Iowa now voluntarily petitions for annexation of said territory to the City of Dubuque, Iowa; and WHEREAS, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by the adoption of a Resolu- tion; and WHEREAS, the future growth and development of the City of Dubuque, Iowa make it desirable that said ter- ritory be made part of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate, to wit: SW ¼ of SW ~ and NW ~ of SE ~ of SW ~, all in Section 10, Township 89N, Range 2E of the 5th P.M. in Dubuque Township, Dubuque County, Iowa. The property to be annexed is shown on the attached map marked Exhibit "A" with the boundaries of said area being outlined in red. Section 2. That the territory hereby annexed shall become a part of the Se- cond Ward, Twenty-Second Precinct of the City of Dubuque, Iowa, Section 3. That the City Clerk be and she is hereby authorized and directed to transmit a certified copy of this Resolution to the State Department of Transportation, the County Recorder, the Secretary of State, and the City Development Board in accordance with provisions of Chapter 368 of the Code of Iowa. Passed. adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammai moved adopUlon of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing authorization to publish an Environmental Assessment Review Finding for the Dubuque Industrial Center, Phase II, presented and read. 32 Regular Session, February 7, 1983 Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 24-83 A Resolution Authorizing Publication of Notice of Environmental Review Findings for a Certain Community Development Block Grant Project WHEREAS, the City of Dubuque will be entering into a Grant Agree- merit for Fiscal Year 1983 with the U.S. Department of Housing and Ur- ban Development, providing for finan- cial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amend- ed; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Ur- ban Development, an environmental review has been processed for the pr~- ject hereinafter to be described to be financed with Community Develop- ment Block Grant funds; and WHEREAS, after due considera- tion, a determination has been made that the project is not a major federal action significantly affecting the quail- ty of the human environment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the city Clerk be and she is hereby authorized and directed to publish a "Notice of Finding of No Significant Effect on the Environ- ment" for the following identified pro- jeer, and to make the Environmental Review Record for said project available for public inspeetior~ Such ~tice shall be in the form of Exhibit "A " attached hereto and made a part hereof DUBUQUE INDUSTRIAL CENTER PHASE II Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of March 1, 1983, authorizing the submission of a request for the U.S. Department of Housing and Urban Development, to undertake the project. Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Hummel Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing authorizaUlon to publish notice of avaflahility of Grantee Per- formance Report through December 31, 1982, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 25-83 A Resolution Authorizing Publication of Notice of Availability for Public In- spection Certain Community Develop- ment Block Grant Documents WHEREAS, under the date of February 1, 1983, tho Grantee Perfor- mance Report for the period from July 1, 1982 to December 31, 1982 was sub- mitred to the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.300(b) of the Community Development Block Grant Program requires that reasonable effort shall be made to in- form citizens involved in or affected by the local Community Development Program that the Annual Performance Report has been submitted and is available to interested parties upon quest; and WHEREAS, Section 570.906(c) quires that there be public notice of Regular Session, February 7,1983 33 the availability of the Performance Report for inspection by the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish in the Telegraph Heralc~ a newspaper of general circulation within the City, public notice in the form of Exhibit A, attached hereto and made a part thereof Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. BOARDS AND COMMISSIONS: Building Code Board of Appeals Council Member Delch moved that Gerald Guy, William Herrig and David Thorne be reappointed to the Building Code Board of Appeals. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicb, Hummel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Civic Center Commission: I Vacancy- 1 Unexpired Term which will Explre 6-29-83. Applicants: Don Feldman, Robert Hummel, Mrs. Cherie Lambert, Edward McEvoy, Floyd G. Rundle, Helen Schaub. Vote was as follows: Council Member Beurskens voted for Hummel; Mayor Brady voted for Hummel; Council Member Deich voted for Feldman; Council Member Ham- mel voted for Hummel; Council Member Klauer voted for Hummel; Council Member Kluesner voted for Hummel; Council Member Kronfeldt voted for Rundle. Therefore, Robert Hummel ap- pointed to the Civic Center Commis- sion to fill an unexpired term which will expire 6-29-83. Human Rights Commission 3 Vacancies- 3 3-Year Terms to ex- pire 1-1-86; Applicants: Carol Arnold, Karla Braig, Arthur M. Boardman, James K. Compton, Clarence W. Dui- fy, Rev. Charles E. Lung, Dennis J. Luster, Fred Moser, Daniel E. Nichalson, Bill Norman, Rev. James Ray, Rick Redalen, Edward J. Schuster, Dave Simon, Maurice Smith, Gene Straatmeyer, Sol Tabak, O.D.. Dave Simon and Carol Arnold presented themselves to the Council requesting consideration for appoint- merit. Vote on the appointment was as follows: Council Member Beurskens voted for Arnold, Luster and Tahak; Mayor Brady voted for Compton, Ray and Arnold; Council Member Deich voted for Duffy, Simon and Tahak; Council Member Hummel voted for Dully, Simon and Tabak; Council Member Klauer voted for Boardman, Moser and Tahak; Council Member Kluesner voted for Dully, Simon and Tahak; Council Member Kronfeldt voted for Compton, Simon and Tabak. Therefore. Sol Tabak reappointed and Dave Simon appointed to three- year terms to expire 1-1-86 on the Humari. Rights Commission. Vote on the third appointment was as follows: Council Member Beurskens voted for Arnold; Mayor Brady voted for Compton, Council Member Deich voted for Dully; Council Member Hummel voted for Duffy; Council Member Klauer voted for Dully; Coun cll Member Kluesner voted for Duffy; Council Member Kronfeldt voted for Arnold. Therefore. Clarence Duffy appointed to a three year term on the Human Rights Commission to exp'rve 1-1-86. Transit Board i 3-year Unexpired Term to Expire 7-30-85. Applicants: H.J. Bemis, Ron C. Thiltgen. Vote on the appointment was as follows: Council Member Bearskens voted for Bemis; Mayor Brady voted for Thiltgen; Council Member Deich voted for Bemis; Council Member Hummel voted for Bemis; Council Member 34 RegularSession, February7,1983 Klauer voted for Thiltgen; Council Member Kluesner voted for Bernie Council Member Kronfeldt voted for Bemiz. Therefore, H. J. Bernie appointed to the Transit Board to fill an unexpired term which will expire 7~30-85. RESOLUTION NO. 26-83 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following have complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Kopp's Market, Inc. 2600 Dodge St. Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- r/ed by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 27-83 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT JFK Fast Foods, Inc. 2075 JFK Rd. (Also Sunday Sales) CLASS "C" BEER PERMIT Kopp's Market, Inc. 2600 Dodge St. (Also Sunday Sales) Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 28-83 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW~ THEREFORE, BE IT RE- SOLVED, By the City Council of the City oI Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Rita M. Clancy 201 E. 22nd St. Earl & M. L. Haferbecker 1401 Elm St. (Also Sunday Sales) CLASS "B" (HOTEL/MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd. 3434 Dodge St. (Also Sunday Sales) Passed, adopted and approved this 7th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, February 7, 1983 35 Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem bets Bearskens, De/ch, Hammel Klauer, Kluesner, Kronfeldt. Nays--Council Member De/ch on "Clancy's" only. Printed Council Proceedings for the months of October and November 1982, presented for approval. Council Member Klauer moved that the pro- ceedings be approved as printed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, I~lauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Comm. of 1-11 (approved); Cable Regulatory Comm. of 1-12; Civil Ser- vice Comm. of 1-26 (unapproved); Five Flags Comm. of 1-17 (unapproved); Housing Code Advisory and Appeals Bd. (approved); Housing Comm. of 1-18 & 1-24 (approved); Human Rights Comm, of 12-13 (approved) and 1-10 and 1-20 (unapproved); Human Rights Public Relations Subcommittee of 1-16 (unapproved); School/Public Library Committee of 1-26 (approved); Park and Recreation Comm. of 1-18 (unap- proved); Transit Trustee Bd. Earnings Statement and Statistics for month of Dec., 1982; Plumbing Bd. of 1-27 (unapproved); Transit Bd. of 1-13 (unapproved); presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS AND SUITS: David A. Christensen in amt. of $95.41 for tire damages; Hawkeye Wholesale Grocery Co. Inc. in amt. oI $1,630.90 for car damage; Kenneth E. Resch in est. amt. of $285 for auto damages; Paula Trimble in unknown amt. for personal injuries received in a fan; Darrel F. Jones in amt. of $300,000 for actual damages and punitive damages as a result of false arrest, etc., by a Police Officer; Michael J. Gague in est. amt. of $900 for car damages; Scott Neyens et al vs. City of Dubuque et al submitting Ap- plication for recovery of costs involved with ambulance suit in the amount of 435 manhour charges plus $2,629.59 actual expenses incurred, presented and read. Council Member Klauer moved that the claims and suits be referred to the Corporation Council for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. Communication of City Solicitor Lindahl advising the cases of Angela Pitz and Raymond Dean have been dismissed by the Court at no cost to the City; Communication of Corpora- tion Counsel Stark advising claim of A1 Polsean has been amicably settled at no cost to the City, presented and read. Council Member Klauer moved that the communications be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Certified copy of Resolution concer- ning the formation of a Committee to name the new Highway 151 Bridge across the Mississippi River, submit- ted by Grant County Clerk, presented and read. Council Member Klauer moved that the Resolution be received and filed. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Tom H. Wilcox, $50 on unexpired Cigarette License and $422.50 on unexpired Li- quor License, presented and read. Ceuncil Member Klauer moved that the refunds be approved and Finance Director directed to issue proper checks. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, De/ch, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. Communication of City Manager 36 Regular Session, February 7, 1983 submitting Monthly reports of the Ci- ty Treasurer and Finance Director for month of December, 1982, AND Proof of publication, certified to by the Publisher, of List of Claims for month of Dec., 1982, presented and read. Council Member Klauer moved that the communication and proof of publication be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Housing and Ur- ban Development acknowledging receipt of City's submission for Com- munity Development Block Grant En- titlement funds for Fiscal Year 1983 and stating submission is complete and has been accepted for processing, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Petition of Dubuque County Institu- tional Accounts requesting suspension of taxes for individual due to reason of infirmity, presented and read. Council Member Klauer moved that the petition be approved. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Ddich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Delos Dorweiler, requesting enactment of fourth traffic noise ordinance, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Petition of Walter Pregler re- questing consideration be given regar- ding Fire Engine Company No. 3, presented and read. Council Member Klauer moved that the petition be referred to Engineer- lng. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Letters from students of Hoover Elementary School submitting their comments regarding "User Fees" (Fifth Graders~, presented and read. Council Member Klauer moved that the letters be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammdi, Klauer, Kluesner, Kronfeldt. Nays--None. Council Recessed at 10:02 P.M. Council Reconvened at 10:13 P.M. Communication of City Manager submitting Fiscal Year 1984 Budget and supporting documents, presented and read. City Mgr. W. Kenneth Gearhart for- maily presented the FY '84 Budget, Operating Budget and 1984-1988 CIP Budget and reviewed his budget message. Council Member Hammel read into the record, "The impact of the three settlements and the amount built into the budget for wages and benefit ad- justments is very positive. Not only was it not necessary to increase pro- perty taxes to the fullest extent allow- ed under the budget guidelines, it also was not necessary to cut police, fire, laborers, clerks, street lights, and/or other positions or services which might otherwise have had to be cut. The unions should be commended for their appreciation for the taxpayers plight and for their very responsible bargaining attitude. We are most ap- preciative.'' Council Member Klau~r moved that the communication and budget documents be received and filed. Seconded by Council Member Khiesner. Carried by the fdilowing vote: Yeas--Mayor Brady, Council Mem~ bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. There being no further business, Council Member Hammel moved to ad- Regular Session, February 7, 1983 adjourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved __1983 Adopted _1983 Council Members ATTEST: City Clerk 37 38 Special Session, February 14, 1983 CITY COUNCIL OFFICIAL Special Session, February 14, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO DISCUSS AC- CEPTANCE OR DENIAL OF BURDEN PROPERTY (ALSO KNOWN AS FOUR MOUNDS) and acting upon such other business which may properly come before the Council. Invocation was g~ven by Rev. Mark Pries of Holy Trinity Lutheran Church. PROCLAMATION: Weeks of February 21-April 3, 1983 as "Easter Seal Weeks" received by Mary Big- Council Member Hammel moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 29.83 Declaring Support for "Homes or Pro- perttes Extension"and Petitioning the Governor for Relief WHEREAS, on October 18, 1982 certain citizens of the City of Dubuque called to the attention of the Dubuque City Council the impact of the depres- sion on the local economy and the in- crease in number of mortgage foreclosure proceedings in Dubuque County; and WHEREAS, the Dubuque City Council at that time expressed its sup- port for the citizens to organize themselves and to return to Council at their convenience to obtain a resolu- tion of support and a petition to the Governor of the State of Iowa to pro- claim a state of emergency to exist because oI the depression; and WHEREAS, the citizens of Dubu- que have organized themselves into an organization identified "Homes or Properties Extension" (H.O.P.E.), have secured in excess of 10,000 signatures from residents of Dubuque County, and are now soliciting the Dubuque City Council for support in processing these petitions for relief to the Governor of the State of Iowa. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Dubuque City Council declare its support for H.O.P.E, and pursuant to Section 654.15 Code of Iowa, petitions the Governor of the State of Iowa by reason of a depression to issue by pro- clamation that a state of emergency to exist within the State of Iowv~ Section 2. That the City Clerk is hereby authorized and directed to transmit certified copies of this resolu~ tion to the Governor of the State of Iowa and to each area State Represen- tative and State Senator representing citizens of Dubuque County. Passed, adopted and approved this 14th day of February, 1983 James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Housing Comm. of 2-7 (approved); Plumbing Bd. of Appeals of 2-2 (unapproved); Park & Recreation Comm. of 2-3 (unap- proved); Mechanical Bd. of 2-1 (ap- proved), presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Kronfaidt. Carried by the fo]lowing VOte: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communications of Corporation Special Session, February 14, 1983 39 Counsel advising of withdrawal of claim of Ann C. Connoliy; Advising Sewer Back-up damage claims of Ed- ward J. Matous, Peter and Joyce Tim- merman and Richard and Mary Meyer (2) have been amicably disposed of, presented and read. Council Member Kronfeldt moved that the communications be received and Iiled. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Rebecca Morgan in unknown amount for per- sonal injuries to Brenda Blum, presented and read. Council Member Beurskens moved that the claim be referred to the Cor- poration Counsel for investigation and report. Seconded by Council Member Kronfeldt. Carried by the Ionowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Roger Beck & Plaza 20 Foods, $25.00 on unexpired Cigarette Licenses and Robert J. Smith, $211.25 on unexpired Liquor License, presented and read. Council Member Beurskens moved that the refunds be approved and Finance Director to issue proper checks. Seconded by Council Member Krunfeldt. Carried by the foilowlng Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 33-83 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and ail City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C"(COMMERCIAL) BEER AND LIQUOR LICENSE Dorothy Shaffer 1103 Iowa Street (Also Sunday Sales) M~ry Poire Highway 20 West Passed, adopted and approved this 14th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klauer, Klueener, Krunfeldt. Nays--None. RESOLUTION NO. 32-83 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of tMs City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- )licants a Beer Permit. CLASS "C" BEER PERMIT Lucky Stores, Ins. 1800 Elm St. (Also Sunday Sales) Lucky Stores, Inc. 2050 JFK Rd. (Also Sunday Sales) Passed, adopted and approved this 14th day of February, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved 4O Special Session, February 14, 1983 adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 31-83 Adopting Supplement Number 16 to the Code of Ordinances of the City of Dubuque, Iowa WHEREAS, under date of November 16, 1981, the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, 1981; and WHEREAS, since March 10, 1981, the City Council of Dubuque, Iowa, has adopted certain ordinances amen- ding the Code of Ordinances and said amendments have been printed as sup- plements to the Code of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that sup- plements, by resolution, become part of the Code of Ordinances. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 16 to the Code of Ordinance of the City of Dubuque, lowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, up to and through December 20, 1982, printed by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, adopted and approved this 14th day of February, ~.983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicb, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the approval of Supplement No. 16 to the Code of Ordinances, presented and read. Council Member Klauer moved that the communication be received and ill- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 30-83 A Resolution Authorizing the Execu- tion of a Community Development Block Grant Agreement with the Department of Housing and Urban Development WHEREAS, under provisions of Ti- tle I of the Housing and Community Development Act of 1974, as amend- ed, the City of Dubuque prepared and submitted an application for a Com- munity Development Block Grant and; WHEREAS, the application has been approved for the City of Dubuque in the amount of $927,000 for a twelve- month program beginning January 1, 1983; and WHEREAS, a Grant Agreement covering the activities proposed to be carried out with Community Develop- ment Block Grant funds has been tendered the City of Dubuque; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE: Section 1. That the Grant Agree- ment, authorized by the U.S. Depart- ment of Housing and Urban Develop- ment on February 2, 1983, for Dubu- que 's Ninth Year Community Develop- ment Block Grant is hereby aceepted~ Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a Community Development Block Grant Agreement identified as Grant Agree- ment B-83-MC-19~O004 for submission Special Session, February 14, 1983 41 to the U.S. Department of Housing and Urban Development. Passed, adopted and approved this 14th day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by th~ foliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Airport Manager submitting Ordinance to ailow the Air- port Commission to regulate all park- ing fees at the Dubuque Municipal Air- port, presented and read. Airport Manager. Tharon Clark, ad- dressed the Council stating the intent of revising fees at the Airport would be done by Airport Commission Resolution. Council Member Deich moved that the communication be received and ill- ed. Seconded by Council Member Klauer. Carried by the foliowing vote: Yeas--Mayor Brady, Council Mem- bers Ddich. Klauer, Kluesner, Kronfeldt. Nays--Council Members Beurskens, Hammel. AN ORDINANCE of the City of Dubuque, Iowa, amending the Code of Ordinances of the City of Dubuque, Iowa by repealing Section 4-14 entitl- ed "Time and Fee Schedule" of Article 1V2 of Chapter 4 of said Code of Or- dinances and enacting a new Section 4-14 to Article 1V2 of Chapter 4 in lieu thereof providing for authority for the Airport Commission to determine rates and regulations for parking at the Dubuque Municipal Airport, presented and read. Council Member Deich moved to DENY the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Members Beurskens, Hammel. Communication of Michael J. Buelow, Chairperson of Park & Recreation Commission and City Manager submitting summary of the cost and income information compiled to date pertaining to the Burden Pro- perty and providing a recommenda- tion on whether to accept or decline the property AND Communication of Alys Petersen Murphy recommending acceptance of Burden Property and suggesting property be used as a recreational vehicle park, presented and read. Michael Buelow stressed acceptance of the Burden property, with possible deletion of other small parks. Carolyn Farrell, spoke in favor of ac- cepting the gift. Council Member Beurskens moved that the communications be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens further moved to unconditionally accept the Burden Property. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager recommending adoption of a Resolu- tion accepting the Community Development Block Grant Agreement with the Department of Housing and Urban Development in the amount of $927,000 for the calendar year com- mencing January 1, 1983, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Klauer moved to ad- journ. Seconded by Council Member Beurskens. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Special Session, February 14, 1983 Approved Adopted Mary A. Davis City Clerk 1983 1983 Council Members ATTEST Special Session, February 21, 1983 CITY COUNCIL OFFICIAL Special Session, February 21, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer. Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to SET A PUBLIC HEARING FOR THE FISCAL YEAR 1984 BUDGET and acting upon such other business which may properly come before the Council. Invocation was given by Pastor Robert Pleiness of Bible Baptist Church. Council Member John Klauer in- troduced the "Port of Dubuque Visitor", the first of the Sesqulcenten- nial Commemorative Newspapers; PROCLAMATIONS: Feb. 20-26 as "National Engineer's Week" received by Dick Krataska; Month of March as "National Nutrition Month" received by Kay Hoffman; Month of March as "Mental Retardation Month" received by Roy Schmeichel. Communication of City Manager re- questing authorization for publication of official notices of Public Hearing re- quired in connection with the adoption of the Fiscal Year 1984 Budget, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following VOtO~ Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, IGauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 34-83 Setting the Date of Public Hearing on the Fiscal Year 1984 Budget for the Ci- ty of Dubuque, Iowa WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for public bearing on the budget before the final certification date and shah publish notice before the hearing as provided in Section~ 362.3 of the Code of Iowa. 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council shall conduct a public hearing on the proposed 1983-1984 budget of the City of Dubuque at the Five Flags Theater, 4th and Main Streets, Dubuque, Iowa on Saturday, March 12, 1983, beginn- ing at 9:00 a.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law Notice of Public Hearing together with the re- quired budget information. Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 35-83 Setting the Date of Public Hearing on the Five Year Capital Improvement Program WHEREAS, a proposed Five Year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the capital projects for the first year are included in the Fiscal Year 1984 budget for the City of Dubuque; and WHEREAS, the proposed Five Year Capital Improvement Program pro- vldes for the issuance of essential cor- porate purpose General Obligation Bonds in the amount of $2,940,000 to be sold in calendar 1983 for FY 1984 and FY 1985 projects; and WHEREAS, it is deemed to be in the best interest of the City of Dubu- que to adopt the Five Year Capital Im- provement Program simultaneously with the adoption of the Fiscal Year 1984 budget for the City of Dubuque. 44 Special Session, February 21, 1983 NOW TIIEREFORE, BE IT RESOLVED BY TIlE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the Five Year Capital Improvement Pro- gram at the Five Flags Theater, 4th and Main Streets, Dubuqne, Iowa on Saturday, March 12, 1983, beginning at 9:00 ~ m. Section 2. That the City Clerk be and is hereby authorized and directed to publish Notice of Public Hearing of the meeting. Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, IIammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 36-83 Authorizing Publication of Notice of Public IIearing for the Use of Com- munity Development Block Grant Funds WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as amended, to certain Com- munity Development Block Grant Funds; and WHEREAS, the regulations govern- lng the submission of an application for such funds require that citizens be provided with adequate information concerning the Connnunity Develop- ment Block Grant Program and an adequate opportunity to participate in the development of tho application and in the development of any revisions, changes or amendments; and WHEREAS, it has been deemed to be in the best interests of the Com- munity Development Block Grant Program to hold a hearing to supple- ment previously held meetings with private and public agencies, City Manager's budget meetings, and the various public meetings conducted by the Community Development Com- mission. NOW THEREFORE, BE IT RESOLVED BY THE. CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form of Exhibit "A" attached hereto and made a part hereof Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kinosner, Kronfeldt. Nays--None. Communication of Planning and Zoning Conunission submitting Or- dinances providing for amendments to Zoning Ordinance and Subdivision Regulations Fee Schedule, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfetdt. Nays--None. An ORDINANCE of the City of Dubuque, Iowa, Providing that the Code of Ordinances, City of Dubuque, Iowa, be Amended by Revising Ap- pendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by Repeal- lng Article X Schedule of Fees, and Enacting a New Article X Fees, in lieu thereof, Providing for the Establish- ment of Zoning Application Fees by Resolution, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading Qf the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following vote~ Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two Meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on th, Ordinance on March 12, 1983 at 9:00 a.m. at the Five Flags Theater and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, ttammel Klauer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE of the City of Dubuque, Iowa, Providing that the Code of Ordinances of the City of Dubuque, Iowa, be Amended by Revis- ing Chapter 34 thereof, also known as the "Subdivision Regulations of the City of Dubuque, Iowa" by repealing Section 34-19 of Article II thereof and enacting a New Section 34-19 of Arti- cie II in lieu thereof, providing for the Establishment of Subdivision Plat Review Fees by Resolution, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, IIammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on March 12, 1983 at 9:00 a.m. at the Five Flags Theater and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning Commission approving rezon- lng request of Lyle Kopp for property Special Session, February 21, 1983 45 ~east of Northwest Fabrics, Northwestern Bell and Long John Silver's on J.F.K. Road from R-5 Multi-Family Residential District to C-3 Arterial Business commercial District, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kinesner, Kronfeldt. Nays--None. An ORDINANCE of the City of Dubuque, Iowa, Providing that the Code of Ordinances, City of Dubu- que, Iowa, be Amended by Revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying Lot 1 of 2 of 2 and Lot 2 of 2 of 2 of the WV~ of NW¼ of NWV4 of Section 27 T89N Range 2 East of 5th P.M. in the City of Dubuque, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, IIammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be beld on the Ordinance on March 14, 1983, at 7:30 at the Public Library Auditorium and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning Commissinn advising of ap- proval of preliminary development plan and reclassification of property located north of IIwy. 20, west of Col- [ins St. 46 Special Session, February 21, 1983 and east of Princeton Place and Mc- Cormick St., as requested by Univers/- ty of Dubuque, presented and read. Council Member Beurskens moved that the communication be recelved and filed. Seconded by Council Member De/ch. Carried by the follow- Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Amending Zen- ing Ordinance and Zoning Map by reclassifying Lot 1 of 1 of Steffen's Place and that southerly portion of Lot 1 of I of 2 of Mineral Lot 156 ex- tending from the north right-of-way line of Lombard St. from "R-2 Single Family Residential District" to ID In- stitutlonal District, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member De/ch. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Delch, Hummel, Klauer. Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member De/ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on March 14, 1983, at 7:30 p.m. at the Public Library Auditorium and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. CommunicaClon of Historical Preser- vat/on Commission submitting pet/- t/ohS requesting establishing a Jackson Park Preservation District; Communication of Planning and Zon- ing Commission approving the Jackson Park Historic Preservation District AND Communication of City Manager submitting Ordinance pro- viding for establishment of a Jackson Park Preservation District, presented and read. Council Member Kronfeldt moved that the communications be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hummel, Klauer, Kinesner, Kronfeldt. Nays--None. An ORDINANCE Establishing a Jackson Park Historic Preservation District, presented and read. Council Member Kronfeldt moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken be dispensed with. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. Council Member Kronfeldt moved t/mt a Public Hearing be held on the Ordinance on April 18, 1983 at 7:30 P.M. at the Public Library Auditorium and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. Council Member Beurskens moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hummel, Klauer, Khiesner. Kronfeldt. Special Session, February 21, 1983 Nays--None. Communication of City Manager recommending acceptance of the Dubuque Industrial Center and Associated Sewer/Water Services Facilities Project, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 37-83 WHEREAS, THE CONTRACT FOR THE Dubuque Industrial Center and Associated Sewer/Water Service Facilities has been completed and the City Manager has examined the work and flied his certificate stating that the same has been completed accor- ding to the terms of the contract, plans and specifications and recom- mends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and is hereby directed to pay to the contrac- tor from Economic Development Ad- ministration Grant, Sewer Construc- tion Funds, and Watermain Construc- tion Funds in amount equal to the amount of his contract, less any retain- ed percentage provide for therein. Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, De/ch, Hammel Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 38-83 WHEREAS, the contract for the Dubuque Industrial Center and Associated Sewer/Water Service Facilities has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estlmates, notices and inspection and all miscellaneous NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $1,392,12Z88 and that said amount shall be paid from the Economic Development Administration Grant, Sewer ConstrucHon Funds, and Wate~ main Construction Funds of the City of Dubuque, Iowx Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Do/ch, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Planning and Zoning Commission approving final plat of property owned by Dubuque~ In-Future and located in the Dubuque Industrial Center west of Chavenelle Road and east of Radford Road, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by tho following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION 39-83 A Resolution Approving the Plat of the Subdivision of Lot I of Dubuque Industrial Center First Addition in the City of Dubuque, Iowa. SpecialSession, February21,1983 WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of Lot I of Dubuque In- dustrial Center First Addition in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amlned by the City Planning and Zon- lng Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the Sub- division of Lot I of Dubuque In- dustrial Center First Addition in the City 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 plat. Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. Communication of City Manager and Historical Preservation Commis- sion submitting Ordinance amending Historical Preservation Ordinance providing for an update on rehabilita- tion review standards, presented and read. Council Membe~Kronfeldt moved that the communica(ion be received and fil- ed. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammol, , Kluesner, Kronfeldt. Nays--Council Member Klauer. An ORDINANCE Amending Code of Ordinances by enacting new paragraphs (b) of Section 19¼ 6.1 and 19¼ 6.2 in lieu thereof to provide for a revision of the Rehabilitation Guidelines adopted by the Commis- sion, presented and read. Council Member Kronfeldt moved that the enactment of this Ordinance be tabled until further study can be made by the Council. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, , Kkiesner, Kronfeldt. Nays--Council Member Klauer. Communication of City Manager and Community Development Staff submitting Urban Revitalization Tax Exemptions filed and requesting ap- proval, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer. Kluesner. Nays--None. Abstain--Council Member Kronfeldt. RESOLUTION NO. 40-83 A Resolution Approving Tax Exemp- tion Applications Submitted by Pro- petty Owners in the Jackson Park, West Eleventh Street, and Washington Street Urban Revitaliza- tion Areas, and Authorizing the Transmittal of the Approved Applica- tions to the City Tax Assessor WHEREAS, the Urban Revitaliza- tion Act, as enacted by the 68th General Assembly of the State of Iowa, allows cities to give l~roperty tax exemptions for improvements made to properties in a designated revitaliza- tion area; and WHEREAS, the Urban Revitaliza- tion Act requires each property owner to submit a written exemption appfica- tion by February i of the assessment year for which the exemption is first claimed, and further requires the governing body of the city to approve an applications that meet the re- quirements of the adopted urban revitalization plan and forward the ap- Special Session, February 21, 1983 approved applications to the local assessor for review by March 1 of each year; and WHEREAS, pursuant to the re- quiremente of said Urban Revitaliza- tion Act, City Ordinances 74-80, 15-81, and 40-81 established the Jackson Park, West Eleventh Street, and Washington Street urban revitallza- tion areas, respectively; and WHEREAS, the City Clerk of the City of Dubuque, as of February 1, 1983, received tax exemption applica- tions from owners of property as follows: Francis L. Brockman for im- provements to property at 1116 Locust St., Robert L. Cartigny for ira- provements to property at 1815 Jackson St., and Mary Welsh for improvements to property at 1243 Walnut St., and WHEREAS, staff of the City's Com- munity Development Department have reviewed the above described ap- pfications and inspected the proper- ties, and have determined that the ap- plications and the improvements con- form to ali requirements of the City of Dubuque's Urban Revitalization Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described tax exemption applications meet all re- quirernents of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above described tax exemption applications are hereby approved by the City Counci~ subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above described ta:c ex- emption applications to the City Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Abstain--Council Member Kronfeldt. Verbal petition of Council Member Beurskens requesting discussion and action regarding the sale of FDR Park AND Knights of the Square Table op- posing the closing of Storybook Hill portion of FDR Park. Council Member Beurskens moved that the City of Dubuque divest itself of all holdings in property known as FDR Park by June 30, 1984. Seconded by Council Member Kronfeldt. NO VOTE TAKEN ON THE MO- TION. Dr. C. H. Bregman questioned the cost of moving Storybook Hill and ob- jected to moving it to Marshall Park. Wm. Neumeister of Crescent Ridge suggested disposing of buildings on Burden property and rent available land at FDR Park for additional Harold Styer, 2845 Northridge Dr. suggested they go slow on possible sale as the model airplane club had in- vested money in the property. Ron Gantz, 2350 Coates, Pres. of Colts Drum & Bugle Corps, suggested that they examine ali the costs involv- ed vs. the sale and move. Randy Judge as a member of the Children's Zoo Committee, suggested they give them the same kind of facili- ty they presently have. Council Member Deich moved to table this issue until items of land ren- tal, location, and any other items that are pertinent have a firm and convlnc- n,.g answer · one they can form an in- telligent opinion on. Seconded by Council IVI~nber Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 41-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the following having complied 5O Special Session, February 21, 1983 with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Jerry Turner: Hawkeye Inn 925 Century Drive James W. Goetzinger 2776 Jackson St. David F. & Joanna K. Oberbrueckling 2660 Dodge Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carrled by the following vote: Yeas--Mayer Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 42-83 WHEREAS, Applicatlons 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- cupled by suck applicants were in- spected and found to comply with the Ordinances of tiffs City and have flied proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT J.R.R. Enterprises Corporation 815 Century Drive (Also Sunday Sales) CLASS "C" BEER PERMIT Brian's, Inc. 3305 Asbury Rd. (Also Sunday Sales) Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammni, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION 43-83 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approvaland the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. SPECIAL CLASS "C" BEER-WINE LICENSE David F. & Joanna K. Oberbroeckling 2660 Dodge St. (Also Sunday Sales) Class "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James W. Goetzinger 2775 Jackson St. (Also Sunday Sales) Apartments Ltd. Kennedy Mall (Also Sunday Sales) Dennis J. & Sandra J. Zirkelbach 1046 Central Ave. (Also Sunday Sales) Passed, adopted and approved this 21st day of February, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Special Sessio~ MINUTES SUBMITTED: Com- munity Development Commission of 2-8 (approved); Housing Code Ad- visory and Appeals Bd. of 2-9 (unap- proved); Transit Bd. submitting Earn- ings Statement and Statistics for month of January, 1983; Planning and Zoning Commission of 2-9 (unapprov- ed); presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting monthly reports of Finance Director and City Treasurer for month of January, 1983, presented and read. Council Member Deich moved that the communication be received and ill- ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Chairperson of Catholic Mothers Study Clubs of Dubuque protesting charging of $1 per car as admission to Eagle Point Park, presented and read. Council Member Deich moved that the communication be referred to the Budget. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Mrs. May L. Macker objecting to $1 per car to use parks, recommending $5 per year sticker fee for car, presented and read. Council Member Deich moved that the communication be referred to the Budget. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Piffllp W. Larsen, in unknown amt. for backed- up sewer damages; Tom Kramer, in amt. of $90.35 for tire damages; O'Connor, Thomas, Hammer, et al vs. Fischer Investment Co. et al submit- February 21, 1983 51 ting an application for temporary in- junction, presented and read. Council Member Deich moved that the claims and suit be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Mark Ransdell, Mary Ransdell and David Strum requesting building located at 419 Bluff St. be designated as historically and ar- chitecturally significant, presented and read. Council Member Deich moved that the petition be referred to the City Mgr. for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Gerald and Phyllis Neuhaus inquiring if the City may be interested in purchasing Lots 27 and 28 of Mineral Lot 39 located in the Mount Loretta area, presented and read. Council Member Deich moved that the communication be referred to the City Mgr. for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Iowa D.O.T. noti- fying Council they are proposing to let a wing dam repair project on Primary Road No. 561 on March 17, Project located within the City of Dubuque and located at the Mississippi River, City Island Crossing, presented and read. Council Member Deich moved that the communication be received and ill- ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Letters prepared by the Academic Enrichment Class of Irving School submitting their survey of the City Special Session, February 21, 1983 of Dubuque, presented and read. Coun- cil Member Deich moved that the let- ters be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays~None. REFUNDS REQUESTED: Hawkeye Inn, $25 on unexpired Cigarette License; Roger Beck, $422.50 on unexpired Liquor License presented and read. Council Member Deich moved that the refunds be approved and Finance Director to issue proper check. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Mgr. advis- ing the "Old Main District" has been placed on the National Register of Historic Places, presented and read. Council Member Delch moved that the communication be received and fil- ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. There being bo further business Council Member Klauer moved to ad- journ. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved. __1983 Adopted .1983 Mayor Council Members ATTEST City Clerk Special Session, February 28, 1983 53 CITY COUNCIL OFFICIAL Special Session, February 28, 1983. Council Met at 7:30 o'clock p.m., in the Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel Harley F. Stark, Jr. Absent at roll call--Council Members Deich, Klauer. Absent--Council Member Hammel. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO CONSIDER AN OI~DINANCE PROVIDING FOR AMBULANCE SERVICES AND THE LICENSING THEREOF and acting upon such other business which may properly come before the Council. Councli Member Kluesner moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Kluesner, Kronfeldt. Nays--None. Absent--Council Members Deich, Hammel, Klauer. Council Member Deich entered the Chambers at 7:20 P.M. and Council Member Klauer entered the Chambers at 7:30 P.M. Communication of City Manager submitting Ordinance providing for a new Ambulance Ordinance, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Kronfeldt. Absent--Council Member HammeL An ORDINANCE Amending Code of Ordinances by repealing Article II comprised of Section 18-16 thru Sec- tion 18-21 of Division I and Section 18-28 thru Section 18-45 of Division 2 and enacting a new Article II compris- ed of Section 18-16 thru Section 18-27 of Division I and Section 18-40 thru Section 18-55 of Division 2 in lieu thereof providing for Ambulance Ser- vice and the licensing thereof, presented and read. Attorney Wm. Fuerste, representing Mr. Pfiffner, Mr. Neyens, and Mr. Uskavitch, voiced objection to the pro- posed Ordinance. Council Member Klauer moved that the reading of the Ordinance be con- sidered the first reading, that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with, and that final adoption be made of the Or- dinance. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Kronfeldt. Absent--Council Member Hammel. MOTION FAILED TO PASS DUE TO LACK OF A sA VOTE. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with, and that it be set for Public Hearing on March 21, 1988. at 7:80 p.m. in the Public Library Auditorium and that the City Clerk publish notice of the Hearing in the manner prescrib- ed by law. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Kronfeldt. Absent--Council Member Hammel. Ted Pfiffner gave clarification of what he hoped his private ambulance service to be. At 8:24 P.M. Council Member Klauer moved to go into Closed Ses- sion to discuss strategy with Counsel in matters that are presently in lltige- tion. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member I-Iamrael. Council reconvened in Regular Scs- 54 Special Session, February 28, 1983 sion at 8:54 P.M. Mayor Brady an- nounced direction had been given to Corporation Counsel regarding mat- ters presently in litigation. There being no further business Council Member Kluesner moved to adjourn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Hammel. Work Session followed regarding development of Chaplain Schmltt Hat- bot. Mary A. Davis City Clerk Approved .1983 Adopted .1983 Mayor Council Members ATTEST: City Clerk Regular Session, March 7, 1983 CITY COUNCIL OFFICIAL Regular Session, March 7, 1983. Council Met at 7:30 o'clock p.m., Council Chambers, City Hall. No members of the Council being present, the meeting was adjourned subject to call. Mary A. Davis City Clerk Approved. 1983 Adopted _1983 Mayor Council Members ATTEST: City Clerk 55