The URL can be used to link to this page

1982 August Council ProceedingsRegular Session, August 2, 1982 277 CITY COUNCIL OFFICIAL Regular Session, August 2, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt, Corpora- tlon Counsel Harley F. Stark, Jr., Ad- ministrative Assistant to the City Manager, Gent M. Wittenberg. Absent--City Manager W. Kenneth Gearhart. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the put- pose to act upon such business which may properly come before the Council. Invocation was given by Father Moore of St. Mary's Catholic Church. PROCLAMATIONS: Week of Aug, 8th thru 15th as "Dubuque County Fair Week" received by Dan Kruse Pres. of Dubuque Fair Assn. Council Member Kluesner moved to suspend the rules to let anyone pre- sent address the Council of they so desire. Seconded by Council Member Klauer. CarF~ed by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher. on Notice of Pendency of Resolution of Necessity for City of Dubuque 1982 Asphalt Paving Pro- ject, presented and read. There were no written objections received. Council Member Beurskens ques- tioned the deletion of Main Street, which was responded to by Public Works Director Frank Murray stating the bids were high and it had the lowest priority on the list. Council Member Klauer moved to receive and file the proof of publica- tion. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Councli Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 175-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the City of Dubuque 1982 Asphalt Paving Project. BE IT THEREFORE RESOLVED that the City Council deems it ad~ vlsable and necessary for the public welfare to make the herein ~nentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with thc City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ali objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with Lhe City Clerk, That the cost and expense of making said improvement will be paid from General Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of Ju- ly, 1982. Approved and placed on file for final action. Approved: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finaliy passed and adopted, as proposed by the City Council this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved final adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 278 Regular Session, August 2, 1982 DECISION OF COUNCIL UPON by Council Member Beurskens. Car- OBJECTIONS TO PLANS, tied by the following vote: SPECIFICATIONS, FORM OF Yeas--Mayor Brady, Council Mem- CONTRACT AND COST OF bets Beurskens, Deich, Hammel. IMPROVEMENTS Klauer. Kluesner, Kronfeldt. RESOLUTION NO. 196-82 Nays--None. · WHEREAS, proposed plans and (Orilering Construction) specifications and form of contract for RESOLUTION NO. 197-82 the City of Dubuque 1982 Asphalt BE IT RESOLVED BY THE CITY Paving Project have been approved by the City Council of the City of Dubu- COUNCIL OF THE CITY OF DUBU- que and public notice given as provid- QUE that pursuant'to a Resolution of ed by the Code of Iowa pertaining to Necessity No. 175-82 which was duly public contracts and bonds, and the passed by this Council for the City of time and place fixed for the hearing of Dubuque 1982 Asphalt Paving Project ail objections to said plans, specifica- be and the same are hereby ordered tions or contract for or cost of such im- and constructed by this Council upon provements, said time being this 2nd its own motion and with or without the day of August, 1982; and petition of property owners. All the work shall be constructed in accor- WHEREAS, the City Council met in dance with the plans and specifica- ions heretofore adopted and now on regular session this 2nd day of August 1982, at 7:30 p.m. at the City Council file in the office of the City Clerk. Chambers for the purpose of hearing all interested parties and considering BE IT FURTHER RESOLVED any and all objections which have been that the cost and expense of the said filed to the proposed plans, specifica- improvement be paid from General tions or contract for or cost of the ira- Fund. provement herein described and pro- BE IT FURTHER RESOLVED posed to be made; and that this resolution being deemed WHEREAS, ail interested parties urgent and of immediate necessity have been given an opportunity to be shah be in force and effect from and heard and ali objections which have after its passage and adoption by the been duly weighed and considered; City Council. Passed, adopted and approved this NOW, THEREFORE, BE IT RE- 2nd day of August, !982. SOLVED by the City Council of the James E. Brady City of Dubuque, that all objections Mayor which have been made and filed to the kTTEST: plans, specifications, contract for or Mary A. Davis cost of said improvement herein City Clerk described and proposed to be made, be Council Member Klauer moved and the same hereby overruled and adoption of the Resolution. Seconded such plans, specifications and form of by Council Member Beurskens. Car~ contract heretofore approved and are rled by the fuilowing vote: hereby adopted. Yeas--Mayor Brady, Council Mem- BE IT FURTHER RESOLVED bers Beurskens, Deich, Hammel, that this resolution containing the Klauer, Kfuesner, Kronfeldt. decision of this City Council upon an Nays--None. objections which have been filed to the Proof of publication, certified to by plans, specifications and form of cost the Publisher, of Notice to Contractors said improvement be made a matter of of the Receipt of proposals for con- permanent record in connection with struction of City of Dubuque 1982 eaidimprovement. Asphalt Paving Project, presented Passed, adopted~ and approved this and read. 2nd day of August, 1982. Council Member Klauer moved that James E. Brady the proof of publication be received Mayor and filed. Seconded by Council ATTEST: Member Beurskens. Carried by the Mary A. Davis following vote: City Clerk Yeas--Mayor Brady, Council Mem- Council Member Klauer moved hers Beurskens, Deich, Hammel, adoption of the Resolution. Seconded Klauer, Kfuesner, Kronfeldt. Regular Session, August 2, 1982 Nays--None. Communication of City Manager! reconunending awarding contract for 279 above to Tschiggfrie Excavation, presented and read. Counc I Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. (Awarding Contract) RESOLUTION NO. 198-82 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1982 Asphalt Paving Project pursuant to Resolution No. 197-82 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on July 8, 1982. WHEREAS, said sealed proposals were opened and read on July 22, 1982, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa, in the amount of $288,599.05 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contractor for the above- mentioned improvement be awarded to Tschiggfrie Excavating and the Manager be and is hereby d~rected to execute a contract in the amount of $288,599.05 on behalf of the City of Dubuque for the complete perfor- mance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Ca~ tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for Public Improvement for construction of City of Dubuque 1982 Concrete Paving Project (Bradley St., McCormick St. and Stewart St.), presented and read. Council Member Hammel moved that the proof of publication be receiv- ed and filed. 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. Proof of publication, certified to by the Publisher of Notice to Property Owners for City of Dubuque 1982 Con- crete Paving Project, presented and read. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem~ bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Certificate of City Clerk certifying notices were mailed by Certified Mail to known property owners on July 15, 1982, presented and read. Council Member Hammel moved that the certificate be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kfuesner, Kronfuldt. Nays--None. Petition of thirty-three property owners objecting to total reconstruc- tion on Bradley Street between Ran- dali and Henderson Streets AND Peti- tion of Attorney Alfred Hughes, representing Dubuque Golf and Coun- try Club, requesting Council to reject Resolution of Necessity as it relates to the Bradley St. property improve- ment, presented and read. Council Member Hammel moved that the petitions be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 280 Regular Session, August 2, 1982 bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Attorney Al Hughes, Dubuque Golf and Country Club, and Lloyd and Lee Ann Konrardy, 420 Bradley, objected to proposed Bradley Street paving project. Petition of thirty-two property owners objecting to proposal for street construction on McCormick Street between University Ave. and Bennett St.; Petition of University of Dubuque objecting to the C~ty s proposa con- cerning the repair of McCormick St.; Petition of Michael J. and Tonic A. McChiin objecting to paving project proposed on McCormick St., presented and read. Council Member Hammel moved to receive and file the petitions. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens~ Deich, Klauer, Kluesner, Kronfeldt. Nays--None. G. Bert Carlson, Jr., 431 McCol mick, representing McCormick St. neighbors, Mary Jo Graham, 1255 Mc- Cormick, Michael McClain, 955 Mc- Cornfick, Klm Klavitter, 1085 McCor- mick, all voiced objections to proposed McCormick Street paving project. Petition of thirty-seven property owners objecting to reconstruction of Stewart St. for various reasons; com- munication of Thad J. Gavin, A.P. ob- jecting to the cost of Concrete Paving Project for Stewart St.; Petition of Alberta Stokesberry and W. J. McDer- mott et ux objecting to improvements to be done to Stewart St., presented and read. Council Member Hammel moved that the petitions be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Fran Kelly, 1440 N. Algona, Pat Murphy, 655 Stewart, Robert Hartlg, 2451 Pennsylvania, aH voiced objec- tions to proposed Stewart Street pav- ing project. Necessity for Improvement RESOLUTION NO. 178-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the City of Dubuque 1982 Concrete Paving Project. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the thne of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- mont procedure. Said improvements shall be con- structed and done on accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shah be borne by the City will be paid from General Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments a contract has been performed and accepted, and the proceeds thereof used to pay the contractor· The above resolution was introduc- ed, approved and ordered placed on file with the City ~lerk this 6th day of Ju- ly, 1982. Approved and placed on file for final action· James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Resolution· Seconded by Council Member Kronfeldt. Vote on the Motion was as follows: Yeas--None. Nays--Mayor Brady, Council Mem- Regular Session, August 2, 1982 281 bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. MOTION FAILED. 1982 Concrete Paving Project Deleted. Proof of publication, certified to by the Publisher. on Notice of Public Hearing to amend Zoning Ordinance pertaining to PI Planned Industrial District, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 38-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 4-121 PI PLANNED INDUSTRIAL DISTRICT OF ARTICLE IV AND ENACTING A NEW SECTION 4-121 PI PLANNED INDUSTRIAL DISTRICT OF ARTICLE IV IN LIEU THEREOF, said Ordinance having been presented and read at the Council Meeting of July 6, 1982, presented for final adoption. ORDINANCE NO. 38-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SEC- TION 4-121 PI PLANNED INDUS- TRIAL DISTRICT OF ARTICLE IV AND ENACTING A NEW SEC- TION 4-121 PI PLANNED INDUS- TRIAL DISTRICT OF ARTICLE IV IN LIEU THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nonces of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Sec- tion 4-121 PI Planned Industrial Dis- trict of Article IV thereof, and enacting a new Section 4-121, PI Planned Industrial District of Article IV in lieu thereof, as follows: Section 4-121 PI PLANNED INDUS- TRIAL DISTRICT 4-121.1 General Statement of Intent The PI Planned Industrial District is created to permit the establishment of industrial parks and to provide for the orderly growth of existing and new industries on large tracts of land. This district provides a protected area for the development of industry based on performance as well as type. The PI Planned Industrial District is established with the recognition that the economic well-being of the city and the metropolitan area requires the expansion of industrial devehipment. It is also recognized that the lack of land available and adaptable for such development may require consideration of hicating industrial development in areas adja- cent to or highly visible from existing and future residential neighborhoods. Therefore, it is the purpose of these regulations to provide the necessary standards for development and spe- cial procedures for plan approval which will maximize the potentials of industrial development and at the same time reduce to a minimum the impact of that industrial develop- ment on surrounding non-industrial land uses or on the natural environ- 4-121.2 Establishment of PI Planned Industrial District 1. By Owner A Planned Industrial District may be established on a tract of land in single ownership or management con- trol provided that the preliminary development plan and the applica- tion for change of zoning are approved by the City Council, and a final development plan is approved by the Planning and Zoning Commis- sion in compliance with requirements of this Section 4-121.5.1. 2. By City A Planned Industrial District may be established by ordinance of the City of Dubuque City Council in the same manner that other mapped dis- triers are established where the City Council determines that any particu- lar tracts or areas should be deve- loped for industrial use, but because of potential conflicts with adjoining 282 Regular Session, August 2, 1982 uses, existing or potential, a greater degree of control of the manner of development is necessary to protect the general weffare than is possible under the regulations of the other "I" Industrial Districts. 4-121.3 Principal Permitted Uses In the PI Planned Industrial Dis- trict, no building; structure or land shall be used, and no building or struc- lure shall be built or altered to be used in whole or in part, except for the fol- lowing purposes: L Any use listed ~s a Principal Per- nfitted Use or Conditional Use in the LI Light Industrial District or HI Heavy Industrial District, except for residential uses (excluding a custo- dian or watchman residing on the premises) and except that the specific ordinance authorizing the establish- merit of a particular PI Planned Industrial District or resolutions adopted pursuant thereto may fur- ther limit the uses permitted, 4-121.4 Accessory Uses and Structures The following Accessory Uses shall be permitted in the PI Planned Indus- trial District: 1. Any use clearly and customarily incident to the principal permitted use in conjunction with which it is maintained, except that the specific ordinance authorizing the establish- ment of a particular PI Planned Industrial District or resolutions adopted pursuant thereto may fur- ther limit accessory uses permitted. 4.121.5 Procedures 7) Development According to Final Plan a) Site Plan Review No building or occupancy permit shall be issued on any site unless a site plan has been submitted and approved in accordance with the pro- visions of Section 5-103 and unless such site plan conforms with the con- ditions of final plan approval. b) Construction of Improvements or Posting of Bond No buildings may be erected and no uses may occupy any portion of the district until the required related off-site improvements are constructed or appropriate security as determined by the Planning and Zoning Commls- sion is provided to insure construc- lion. If the Planned Industrial District is to be developed in sections, all improvements necessary to the proper operation and functioning of the section, even though same may be located outside of the section, must be constructed and installed or appropriate security as determined by the Planning and Zoning Commission must be provided to insure their con- struction. c) Time Limitation If substantial construction or development does not begin within the period of time specified in the ordinance authorizing the estabbeh- merit of the district or in resolutions adopted pursuant thereto, the City Council may, on its motion or on a recommendation of the Planning and Zoning Commission, rezone the prop- erty or any portion thereof to the zoning district classification that pre- vailed prior to the approval of the Planned Industrial District classifica- d) Extension of Time Llinitation The time limitation specified in the ordinance authorizing the estabhsh- ment of the Planned Industrial Dis- trict for submission of fi nal development plans and for comple- tion of contruction may be extended by the City Council upon a showing of good cause. e) Changes from Plan After recording of a final develop- ment plan for a Planned Industrial District, changes not inconsistent with the purpose or intent of this sec- tion may be approved by the Plan- ning and Zoning Commission. Changes affecting the purpose or intent of this section shall require a new petition for a Planned Industrial District. 2. City Initiated District The procedure to be followed in order to utilize land in a Planned Industrial District established by ordinance by the City Council upon its own initiative or by petition of the Planning and Zoning Commission shall be as specified in said ordi- 4-121.6 Lot and Bulk Regulations Lots, uses and structures shall con- form to the lot and bulk standards spe- cifically provided in the ordinance establishing a particular PI Planned Industrial District' or in resolutions adopted pursuant thereto. 4-121,7 District Standards All uses established in a Planned Industrial District shall operate in accordance with the following perfor- mance standards. These standards are minimum requireraents and may be made more restrictive in the spe- cific ordinance authorizing the estab- lishment of a particular Planned Industrial District or in resolutinns adopted pursuant thereto. a. Vibration No activity or operation shall at any time cause earth vibration per- ceptible beyond the lot line of the lot on which the operation is located, Regular Session, August 2, 1982 283 except that vibration caused by blasting conducted in accordance with the requirements of Article III, Chapter 26 of the Municipal Code, may exceed the~e limitations, b, Smoke, Particulate Matter and Gases No activity or operation shall be established which fails to meet the air quality regulations of the Iowa Department of Environmental Qual- ity. c. Odor No activity or operation shall cause at any time the discharge of toxic or noxious odor beyond the lot ~ine of the lot on winch it is located, d. No~ No aetivity or operation shall be carried on which involves noise in excess of the noise limitations for Light Industrial Districts set forth in Article VII, Chapter 26 of the Munic- ipal C~de. e. Glare Glare, whether direct or reflected, such as from spot lights or high tem- perature processes, and as differen- tiated from general illumination, shall not be visible beyond the lot line of the lot on which the use is f. Wastes 1. Owner initiated District The following procedure shall be fol- lowed by a landowner who wishes to establish a PI Planned Industrial Dis- trict. l t Apphcation and Plan Subndssmn App~cation for estab[isinnent of a Planned Industrial District shall be flied m accordance with the apphca tion procedures for Planned Unit Developments as set forth in Section 4-110.7. The application shall be accompanied by an application fee as provided in Section 4-110.7 and a pre- hminary development plan conform. lng to the provisions of Section 4-110.8 2) Commissmn Hearing A public hearing shall be held by the Planning and Zoning Commission on the apphcation in the same man- ncr and with the same public notice procedure as required for Planned Unit Development designation. g) Commission Recommendation The Planning Commission's recom- mendation shall be transmitted to the City Council with a statement of reasons in support of the recommen- dation. If the recommendation is one of approval, it shall contain recom nlended conditions or restrictions to be included in an ordinance authoriz lng the establishment of the Planned Industrial District. The conditions or restrictions shall include but not be limited to: a) Time limitations, if any, for sub- mission of final development plans and commencement of construction. b) Uses permitted in this district. c) Lot and bulk and performance standards for the development and operation of the permitted uses. d) Requirement that any transfer of ownership or lease of property in the district inclnde in the transfer or lease agreement a proviskm that the pruchaser or lessee acknowledges awareness of the conditions authoriz- dig the establishment of the district 4) Council Action Upon receiving the recommenda- tion of the Commission, the City Council shall act m the manner pro vided by law to approve or disap prove the requested zon lng recl~ification of the property The affirmative vote of at least three- fourths of all the membership of the C~mncil shall be necessary to approve the preliminary development plan when the Commission has recom mended disapproval thereof, ar to remove any conditions, requirements or limitations imposed by the Corn- 5) Submission of Final Development Plan authorizing the establishment of a Planned Industrial District by the City Council, the applicant shall sub- Planning and Zoning Commission tiffed in said ordinance. The plans required by the Planning and Zoning where applicable 6) llecording of Final Plan and After approval of the final develop- ing Commission, the plan shall be recorded by the applicant as a Planned industrial District, together with conditions and restrictions of the ordinance authorizing the estab- it Solid Wastes. All solid waste materials, debrk% refuse or garbage shall be properly contained in a closed container designed for snch trash or garbage is permissable. 2l Sewage and Liquid Wastes, All liq- uid wastos shall be discharged in full 284 Regular Session, August 2, 1982 compliance with appropriate City, State and Federal regulations. g. Fire Hazard No activky or operation shall be established which fails to meet the City's fire code. 2. Additional Standards The specific ordinance establishing a particular Planned Industrial Dis- trict or resolutions adopted pursuant thereto may provide additional stan- dards for the design, development, operation and maintenance of uses and structures. These additional standards may include, but are not limited to: a. Control of operations outside of enclosed buildings. b. Control of lighting and utilities. c. Provision of landscaping and pro- tection of natural areas. d. Control of refuse collection areas. e. Off-street parking and loading requirements. f. Control of siguagu. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 2nd day of August, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 9th day of August, 1982. Mary A. Davis City Clerk It 8/9 Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by tlie Publisher of Notice of Public Hear- lng to amend Zoning Ordinance establishing a PI Planned Industrial District at Dubuque Industrial Center, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesncr, Kronfcldt. Nays--None. ORDINANCE NO. 39-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE AMENDMENT OF OR- DINANCE 49~80 WHICH OR- DINANCE ESTABLISHED A PI PLANNED INDUSTRIAL DISTRICT ON THE PROPERTY LEGALLY DESCRIBED THEREIN AND NOW KNOWN AS DUBUQUE INDUSTRIAL CENTER, said Or- dinance having been presented and read at the Council Meeting of July 6, 1982, presented for final adoption. ORDINANCE NO, 39-82 AN ORDINANCE OF THE CITY OF DUBUQUE, 10WA, PROVID- ING FOR THE AMENDMENT OF ORDINANCE 49-80 WHICH ORDI- NANCE ESTABLISHED A PI PLANNED INDUSTRIAL DIS- TRICT ON THE PROPERTY LEGALLY DESCRIBED THEREIN AND NOW KNOWN AS DUBUQUE INDUSTRIAL CENTER. WHEREAS, by Ordinance No. 49-80 the City Council approved the request of LETNA Properties for reclassifica- tion of property now known as Dubuque Industrial Center to the PI Planned Industrial District subject among other conditions to submission of final development plans in subst~n- tim conformity with the approved pre- liminary plans; and WHEREAS, Dubuque In Futuro, as present owner and developer, has filed an amended preliminary development plan of Dubuque Industrial Center in accordance with provisions of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on said amended Preliminary Development Plan pursuant to required published notice and has con- ditionally approved said amended Pre- liminary Development Plan having found that said Plan conforms to the review standards applicable to such Regular Session, August 2, 1982 285 plans; and WHEREAS, The City Council has received the recommendation of the Planning and Zoning Commission and Ires held i~s own pubhc hearing on said amended Preliminary Development Plan pursuant to required pubhshed not,ce and has conditionally approved said amended Preliminary Develop- ment Plan: NOW, THEREFORE, BE ITl ORDAINED BY TIlE CITY COUN- CIl. OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 49- 80 be amended by repeahng Section 2 thereof and enacting a new Section 2 in heu thereof, as follows: "Section 2. That the Preinninary Development Plan for property known as Dubuque Industrial Center is approved subject to the following con- ditions and restrictions: la) That the developer submit final development plans in substantial conformity with the approved amended preliminary development plan within twelve (12) months of the effective date of the Ordinance. lb) That uses permitted in this par- ticular PI Planned Industrial District shall be limited to those permitted and conditional uses allowed in the HI Heavy Industrial District except that the proposed lots abutting Rad- ford Road shall be restricted to those non-retail uses permitted in thc C.7 Commercial District. lc) That the lot and bulk regulations be established at the time of final development plan submittal of said regulations being in general confor- mity ;~atli thc draft restrictive cove- nants presented to the Planning and Zoning Commision (d) That the property owner will ded- icate an additional eleven tl 1) feet of right-of way along Radford Road at such time as the property on that frontage is platted. (e) That the development, operation and maintenance of uses in the dis- trier shall be conducted in confor mance with the standards and regulations of the PI Planned Indus- trial District. (f) That any transfer of ownership or lease of property in the district shall include in the transfer or lease agree- ment a provision that the purchaser or lessee agrees to be bound by the conditions authorizing the establish- ment of this district. PASSED, APPROVED AND ADOPTED this 2nd day of August, Jam~ E. Brady, Mayor ATTEST: MARY A. DAVIS, CITY CLERK Published officafiy in the Telegraph Herald newspaper this 9th day of August, 1982. Mary A. Davis It 8/9 City Clerk Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays None. Communication of Planning and Zoning approving rezoning request of Goliath, Inc., for property at 53 W. 32nd St. from R-3 to C-2, 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, Hammel, Khiuer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Amending Code of Ordinances by reclassifying proper- ty at 53 W. 32nd St. from R-3 Multi- Family Residential District classifica- tion to C-2 Local Service Commercial District classification, presented and 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, 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on August 23, 1982 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk be instructed 286 Regular Session, August 2, 1982 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, Deicb, Hammel, Klauer, Klaesner, Kronfeldt. Nays--None. Petition of John Jay Powers questing public hearing be set to allow entire proposed building of up to 32,000 gross square feet to be used as medical office space, presented and read. Council Member Beurskens 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, Klauer~ Kluesner, Kronfeldt. Nays--None. Abstain--Couneil Member Hammel. Communication of City Manager reeommending that public hearings be set on three Ordinances in response to the request of Powers Construction Co., presented and read. Council Member Bearskens moved that the communication be received and flied. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeidt. Nays--None. Abstain--Council Member Hanunel. An ORDINANCE Amending Or- dinance No. 5-82 to correct an im- proper legal description, 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 Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, K!auer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Council Member Bearskeas 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 Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Council Member Bearskens moved that a Public Hearing be held on the Ordinance on August 23, 1982 at 7:30 p.m. in the Public Lihrary Auditorium and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Klauer. Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. An ORDINANCE Amending Or- dinance No. 4-82 by adopting an amended Preliminary Development Plan for an OR-1 Office/Residential PUD, presented and read. Council Member Beurskens moved that the reading just had be con- eidered the first reading of the Or- dinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt, Nays--None. Abstain--Council Member Hammel. 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 Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on August 23, 1982 at 7:30 p.m. in the Public Library Auditorium, and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. - Nays--None. Abstain--Council Member Hammel. An ORDINANCE reclaseify~ng pro- perty adjoining the OR-1 PUD from R-3 Multiple Family District to R-2 Single Family District, presented and read. Regular Session, August 2, 1982 287 Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. 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 Kronfeidt, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on August 23, 1982 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Klauer, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Klauer, Kluesnor, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Petition of forty-four residents of Kniest and Lincoln Streets requesting to have a diverter put in to stop the speeders in that area for protecC~on of their children, presented and read. Wayne Petesch, 2020 Kniest St., Judy Pergande, 2017 Kniest, and Mar- jorie Ludwig, 2014 Kniest. spoke to the petition requesting Council help in installing a diverter or other traffic slowdown device, so as to make this Council Member Deich moved that the petition be referred to the City Manager and traffic department, with request for diverters and/or four-way stop at intersection with speed bumps, with report back at Council Meeting of August 16. Seconded by Council Member Klauer. Carried by the follow- big vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeidt. Nays--None. Petition of residents of Boyer Street requesting a Block Party on August 7 and requesting that street be closed during that time, presented and read. Keith Steuer. 785 Boyer, requested Council approve the petition as the neighbors want to enjoy a gathering for one afternoon. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Kronfcidt. Carried by the fogowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeidt. Nays--Council Member Hammei. Communication of City Manager recommending denial of request for Block Party on Boyer St. on August 7, presented and read. Council Member Hammel moved to concur with the denial. MOTION DIED FOR LACK OF A SECOND. Council Member Beurskens moved to approve the request for a Block Par- ty. Seconded by Council Member Kronfeldt. Carried by the foliowlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeidt. Nays--Council Member Hammel. Petition of John Jay Powers re- questing a six month extension on the prellrdinary plan approval to allow for changes necessary in plan develop- ment to make the proposed Willow Spring Plaza Development, John F. Kennedy Road and Foothill Road pro- ject economically feasible, presented and read. Council Member Beurskens moved to receive and file the petition and ap- prove the extension. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeidt. Nays--None. Abstain--Council Member Hammel. Communication of Francis Henkeis of Friendship Force submitting infer- mation requested of Council at Council Meeting of July 19, 1982 and re- questing participation from the City, presented and read. Council Member Kronfeldt moved to receive and file the communication. Seconded by Council Member Ham- mel. Carried by the following vote: 288 Regular Session, August 2, 1982 Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting response to Friendship Force request and recommending denial presented and read. Council Member Kronfeldt moved to receive and file the communication and approve the denial as recommended by the City Manager. Seconded by Coun- cil Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager recommending final acceptance of Crescent Ridge Sanitary Sewer pro- ject and submitting supporting documents, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady. Council Mem- bors Bearskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION NO. 199-82 WHEREAS, the contract for the Crescent Ridge Sanitary Sewer has been completed and the City Engineer bas submitted his final estimate show- hig the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $121,120.33. That $104,855.96 of the cost thereof sbali be assessable upon private pro- perry and $16,264.37 shah be paid from the Sanitary Sewer Construction Fund of the City of Dubuque. Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A, Davis by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice) RESOLUTION NO, 200-82 WHEREAS, the contract for the Crescent Ridge Sanitary Sewer has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifics- nd recommends its acceptance, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefore, as required by BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from ~he sale of special assessment bonds issued upon the above described tm- provement in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Conncli Mere- City Clerk bers Beurskens, Deich, Hummel, Council Member Beur~kcne moved i Klauer, Kiuesner, Nroateldt, adoption ot the Resolution. Seconded I Nays--None. Regular Session, August 2, 1982 289 RESOLUTION NO. 201-82 Resolution Adopting the Final Assess- merit Schedule for the Crescent Ridge Sanitary Sewer, Including Certain In- formation Required by the Code of Iowa, Specifically, the Number of An- nual Installments into which Assessments are Divided, the Interest on all Unpaid Installments, the Time when the Assessments are Payable and Directing the Clerk to Certify the Final Schedule and to Publish Notice Thereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and ac- companying plat showing the assessments proposed to be made for the construction of the Crescent Ridge Sanitary Sewer, under contract with Tschiggfrie Excavating Company of Dubuque, Iowa, which final plat and schedule was filed in the office of the City Clerk on the 30th day of July, 1982, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assess- ed and levied as a special tax against and upon each of the lots, the respec- tive sums indicated. Provided further, that the amounts shown in said final schedule of assessments as deficien- cies are found to be proper and are levied conditionally against the respec- tive properties benefitted by the tm- provements as shown in the schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the Said assessments shag be payable at the Office ot the County 'IYeasurer Dubuque County, Iowa, and the same may be paid there or at the office of she City Treasurer of the City' of Dubu- que, in full or in part and without in- terest within thirty days after the date of the certification of the plat and schedule of assessments to the County Auditor of Dubuque County, iowa, That unpaid assessments of or more shall be payable in ten equal ment, or total amount thereof if it is less than $50.00, with interest on the whole assessment from the date of ac- ceptance of the work by the Council, shall become due and payable on July 1, 1983; succeeding annual in- stallments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semi-annual payment of ordinary taxes. That the City Clerk be and is hereby directed to certify said final plat and schedule to the County Auditor of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mail to property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, ali as provid- ed and directed by Section 384.60 of the Code of Iowa. Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded byCouncil Member Deich. Carried by th~~' following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, KluesneL Kronfeldt, Nay~ None. See SCHEDULE OF ASSESSMENTS on next page 29O Regular Session, August 2, 1982 OWNER CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS For Crescent Ridge Sanitary Sewer LOT LOCATION *Edward J. Zalaznik and Lloyd C. and Florence M. Burkhart 1 *Edward J. Zalaznik and Lloyd C. and Florence M. Burkhart 2 Donald E. & Elizabeth C. Hasken 3 Robert E. & Shirley J. Kruser 4 James E. & Jane F. Butt 5 *Roger E. & Mary Jo Zalazn[k 6 Roger E. & Mary Jo Zalaznik Steven J. & Marflyn Ede Joseph J. & Nancy J. Knepper Robert W. & Marilyn J. Hoefer Thomas W. & Darlene C. Hartman Dennis d. & Cyntlda L. Cottreli Donald & Vickle Gartner Edwin Wayne & Carol E. Petesch *James E. & Melia A. Gassman Roy Lee & Audrey M. Bergman Alfred & Helen Polsean Wilfred J. & Florence Steffen Leo A. & Blanche Shromen, Cont. to: Ray and Rita Simon Dell Archer & Elizabeth Lee Means Donald & Adele Fondeli Drew M. & Mary L. Anthony John W. & Mary Gerdemann 19 Aletha Oberfoeli 1-2 Galen C. & Anna Mae Sm/th 2-2 LLOYD'S SUB 7 8 9 10 11 12 13 MINERAL LOT 232 2~1-1-1-1-1-1 1-2-1-1-1-1-1 2-2-1-1-1-1-1 2-1-1-1-1 1-1-2-1-1-1 2-1-2-1-1-1 1-2-2-1-1-1 2-2-2-1-1-1 2-1-1 DUBUQUE HOMES CENTER GROVE PLACE NO. 2 BURKHARTPLACE Gerald M. & Ruth Ann Sjobakken 1-1 Thomas J. & Beverly J. Uthe 1-2 Richard E. & Lorraine R. Kutsch 4 Vincent J. & Efleen G. Bald 5 Vincent J. & Efleen G. Bald 8 Kurt H. & Gertraud Gabriel 9 Robert A. & Donna J. Welch 1-2-1 VALLEY VIEW HEIGHTS ASSESS- MENT 1,247.57 1,405.07 2,441.42 2,441.42 2.441.42 1,752.86 2,441.42 2,464.09 2,354.23 2,343.76 2,359.46 2,441.42 2,437.23 3,173.85 1,843.46 3,173.85 3,112.81 3,487.74 3,487.74 3,487.74 2,676.84 2,669.87 3,688.29 4,158.79 4,874.47 3,988.23 3.899.65 3,110.02 2,822.98 2,822.98 2,605.48 3,534.83 Regular Session, August 2, 1982 291 Robert A. & Donna J. Welch 2-2-2 209.26 Gerald Fruehling 2-2-1 104.63 Gerald Fruelding 1-2-2 3,167.22 Norman C. & Mary J. Larson 6 2,825.07 William E. Valentine 7 4,105.07 David K. & Susan J. Horsfali 3 3,253.72 All ot which is assessed in proportion to the special benefits conferred. *Deficiencies to be paid by City of Dubuque. Edward J. Zalaznik and Lloyd C. and Florence M. Burkhart 1 Edward J. Zalaznik and Lloyd C. and Florence M. Burkhart 2 Roger E. and Mary Jo Zalaznik 6 James E. and Melia Gassman 1-2-1-1-1-1-1 LLOYD'S SUB 1,092.71 935.21 688.56 MINERAL LOT 232 1,330.39 TOTAL 4,046.87 All of which is assessed in proportion to the special benefits conferred. 8" Vitrified Tile Pipe 3,212.78 lin ft @ 14.57 = 46,810.20 8" Ductile Iron Pipe 144.0 lin ft @ 21.32 -- 3,070.08 Concrete Manhole Base, Complete 17 no of @ 225.0 -- 3,825.00 Concrete Manhole Sidewall, Complete 111 lln ft @ 65.00 = 7,215.00 Manhole Ring and Covers, Complete 17 no of @ 185.00 = 3,145.00 Drop Manhole 1 no of @ 450.00 = 450.00 4" C.I.P. Laterals 103.5 lin ft @ 12.00 -- 1,242.00 8" x 6" Wyes 26 no of @ 38.00 -- 988.00 Rock Excavation 15 cu yds @ 45.00 -- 675.00 Concrete Encasement 6 cu yds @ 110.00 -- 660.00 Concrete Sawing 51 lin ft @ 2.25 -- 114.75 3/4" Rolled Stone Base 126.2 tons @ 8.75 -- 1,104.25 P.C.C. Curb & Gutter, ROm. & Repl. 20 lin ft @ 14.50 ---- 290.00 Concrete Pavement (8"} 33.33 sq yds @ 28.00 -~ 933.24 Bedding Stone 0 tons @ 9.00 -- 0.00 One Man Rip-Rap 30.95 tons @ 15.00 -- 464.25 Remove and Replace Base Stone 0 cu yds @ 7.00 -- 0.00 6" Concrete Driveway and Approach 0 sq ft @ 3.50 -- 0.00 Double Seal Coat 529 sq yds @ 2.25 = 1,190.25 Sodding 5,915.59 sq yds @ 2.85 -- 16,859.43 Seeding 1,572 sq yds @ 0.95 -- 1,493.40 4" Plastic Drain Tile Pipe 597.43 lln ft @ 5.00 = 2,987.15 Limestone Backfill 48.9 tons @ 4.50 -~ 220.05 Box Culvert 1 lump @ 91.50 -- 91.50 Replace Trees & Shrubs 1 lump @ 341.65 -- 341.65 Repair Drain Tile I lump @ 113.00 -- 113~00 TOTAL CONSTRUCTION COST 94,283.20 292 Regular Session, August 2, 1982 TOTAL CONSTRUCTION COST $ 94,283.20 Engineering 22,891.51 Easements 2,213.75 Miscellaneous 1,731.87 TOTAL PROJECT COST $121,120.33 Less City Share . 12,217.50 Less Deficiencies 4,046.87 TOTAL ASSESSABLE AMOUNT $104,855.96 Communication of City Manager submitting Resolution authorizing re- quest for release of funds for a certain Urban Development Action Grant Project (A.Y. McDonald Mfg. Co. Con- struction Project), presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the inilowing Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 202-32 A Resolution Authorizing Submission of a Request for Release of Funds for a Certain Urban Development Action Grant Project WHEREAS, the City of Dubuque, in conformance with the Environmen- tal Review Procedures for the Urban Development Action Grant program, convened an ad hoc committee on July 13, 1982 wblch completed an En- vironmental Assessment of the follow- ing identified project to be funded by an Urban Development Action Grant: A.Y. MCDONALD COMPANY CONSTRUCTION PROJECT WHEREAS, pursuant to Resolution No. 190-82, adopted July 19, 1982, Public Notice of a "Finding of No Significant Effect on the Environ- ment'' for the project above was published July 21, 1982, in the Dubu- que Telegraph Herald, a newspaper of general circulation and provided for a public comment period until 12:00 Noon, Friday August 6, 1982; and ,, WHEREAS, Public Notice of a Finding of No Significant Effect on the Environment" for the project was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to b~ interested and believed to be appropriate to receive such a Public Notice; and, WHEREAS, any and all objections, if any, to such proposal has been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submis- sion of a request to the U.S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out the above-identified project: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said record may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment seven (7) days after Publication of Notice, a request for release o f funds to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible Federal Official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development's responsibilities for review, decision- making, and action assumed and car- ried out by the City of Dubuque as to Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in decision-inching and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the Regular Session, August 2, 1982 293 Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part thereof Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Conm~unication of City Manager submitting Resolution authorizing publication of Environmental Assess- ment Review Finding, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kronfetdt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 203-82 A Resolution Authorizing Publication of Notice of Environmental Review Finding for Certain Community Development Block Grant Project. WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Ur- ban Development, environmental review has been processed for the pro- ject hereinafter to be described to be financed with Urban Development Ac- tion Grant funds; and WHEREAS, an Ad Hoc En- vironmental Review Committee has after due consideration made a deter- minatinn that the project is not a ma- jor Federal action significantly affec- ting the quality of the human environ- ment; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A " hereto at- tached and made a part hereof ECONOMIC DEVELOPMENT LAND ACQUISITION PROJECT (A.Y. McDonald Company Property) Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Coundil Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Connnunication of City Manager submitting Resolution which represents City's approval of an amendment to the Article of Agree ment under which the Dubuque Metropolitan Area Transportation Study (DMATS) was established, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 204-82 A Resolution Amending the Articles of Agreement for the Dubuque Metropolitan Area Transportation Study. WHEREAS, the transportation planning process was establislied in the Dubuque Metropolitan Area in April 1964; and WHEREAS, Articles of Agreement outlining that transportation process were formulated under and entered in- to pursuant to authority described in Chapter 28E, Code of Iowa 1975; Il- linois Public Acts 76-193; and Section 66.30, Wisconsin Statutes; and such other codes, acts and statutes as per- 294 mit the states and units of local government to enter into cooperative agreement; and WHEREAS. the Articles of Agree- ment have been established according to requirements of Section 134, Title 23, United States Code; requiring a continuing, comprehensive transpor- tation planning process to be carried out cooperatively by the states and local communities in each urban area of more than 50,000 population; WHEREAS, Article VI of the Ar- ticles of Agreement provides for the amendment of the Articles of Agree- ment; and WHEREAS, the Policy Committee of the Dubuque Metropolitan Area Transportation Study voted on March 25, 1982 to amend the Articles of Agreement to increase its member- ship. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That Artiole 111, Section 1, Subsection III of the Articles of Agree- ment establishing the Dubuque Metropolitan Area Transportation Study is hereby repealed and a new section adopted in lieu thereof as follows: The Mayor and six City Coun- cil Members of the C~ty of Dubuque, Iowa. Section 2. That this amendment shall be in effect after its final passage and approval by the agencies that are made party to and signatory to the A~ titles of Agreement establishing the Dubuque Metropolitan Area Transpo~ ration Study. Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammal Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution authorizing Amendment to Annual Contributions Contract and recommending execu- Regular Session, August 2, 1982 tion, 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, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 205~82 Resolution Authorizing Execution of Amendment to Annual Contributions Contract WHEREAS, the City of Dubuque, Iowa (herein called the "Local Authori- ty'') proposes to enter into a revised contract therein called the "Annual Contributions Contract") with the United States of America (herein call- ed the "Government") with respect to any "Projects" as defined in the An- nual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A " is hereby approved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said contract in two copies on behalf o[ the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the of- ficial seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the ex- ecution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the con- text shall indicate another or different meaning or intent, shall be construed~ and ar~ intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are~ defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Con- tributions Contract. Regular Session, August 2, 1982 295 Section 3. This Resolution shall take ] adoption of the Resolution. Seconded effect immediately, by Council Member Kronfeldt. Carried Passed, adopted and approved tins by the following vote: 2nd day of August, 1982. Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, James E. Brady Mayor August 2, 1982 ATTEST: Mary A. Davis City Clerk August 2, 1982 Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Mannge~ recommending to accept the Locust Street Parking Ramp Lighting Im- provements, presented and read~ Council Member Kronfeldt moved to receive and file the communication. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. A Resolution Accepting Improvemen~ RESOLUTION NO. 206-82 WHEREAS, the contract for the Locust Street Parking Ramp Lighting Improvements has been completed and the City Manager has examined the work and filed his certificate stating that the same has been com- pleted according to the terms of the contract, plans and specifications and recommends its acceptance, now BE IT RESOLVED, by the City Council, 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 he is hereby directed to pay to the contrac- tor in amount equal to the amount of his contract, less any retained percen- tage provided for therein. Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kcenfeldt moved Klauer, Kluesner, Kronfeldt. Nays--None. Final Estimate RESOLUTION NO. 207-82 WHEREAS, the contract for the Locust Street Parking Ramp Lighting Improvements has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $37,902.00. That none of the cost thereof shall be assessable upon private property and $37,902.00 shall be paid from the Parking Depreciation Fund of the City of Dubuque. Passed, adopted and approved tins 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by teh following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Ordinance designating 9th and llth Streets as one-way streets as part of the interim street program to handle traffic from the new Dubuque to Wisconsin bridge, presented and read. Council Member Haramel 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, Dalch, Hammal, Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 40-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- 296 DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-182, SUBSEC- TION (3) AND SUBSECTION (4) OF SAID CODE: PROVIDING UPON THOSE STREETS AND PARTS OF STREETS AND IN ALLEYS DESIGNATED AS ONE-WAY STREETS AND SIGNS POSTED FOR ONE-WAY TRAFFIC, VEHICLES SHALL BE DRIVEN ONLY IN THE DIRECTION DESIGNATED, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or~ dinance. Seconded by Council Member Kronfeldt. Carried by the foilowlng vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hamme! moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 40-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-182, SUBSEC- TION (3) AND SUBSECTION (4) OF SAID CODE: PROVIDING UPON THOSE STREETS AND PARTS OF STREETS AND IN ALLEYS DESIGNATED AS ONE-WAY STREETS AND SIGNS POSTED FOR ONE-WAY TRAFFIC, VEHI- CLES SHALL BE DRIVEN ONLY 1N THE DIRECTION DESIG- NATED. NOW, THEREFORE, Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by adding a new Subsec- tlon of Subsection 3 of Section 25-182 to read as follows: Section 25-182. Upon those streets and parts of streets and in those alleys designated as one-way streets and sign- posted for one-way traffic, vehicles shall be driven only in the direction Regular Session, August 2, 1982 designated. (3) Westerly. Traffic shall move erly only: On Eleventh Street, East, from Kerper Boulevard to Central Ave- hue. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Subsection on Ninth Street to Subsection 4 of Sec- tion 25-182 to read as follows: Section 25-182. Upon those streets and parts of streets and in those alleys designated as one-way streets and sign- ,osted for one-way traffic, vehicles shall be driven only in the direction designated. (4) Easterly. Traffic shall move east- erly only: On Ninth Street, West, from Locust Street to Central Avenue. On_Ninth Street, East, from Central Avenue to Kerper Boulevard. Section 3. That all Ordinances or parts of Ordinances in conflict with this Ordinance be and they are hereby repealed. PASSED, APPROVED AND ADOPTED this 2nd day of August, 1982. James E. Brady ATTEST: MAYOR Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 16th day of August, 1982. Mary A. Davis It 8/16 City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting two Ordinances to update the City Code of Ordinances relative to weights and measures, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Bearsken$. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 41-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE Regular Session, August 2, 1982 297 CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 24-98 THROUGH 24-111 OF DIVISION 2 OF ARTICLE VI THEREOF, AND BY ENACTING NEW SECTIONS 24-98 THROUGH 24-101 OF DIVI- SION 2 OF ARTICLE VI IN LIEU THEREOF PROVIDING FOR A CITY SEALER OF WEIGHTS AND MEASURES AND PENALTIES FOR VIOLATIONS, presented and read. Council Member Klauer moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Klauer moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Bearskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 41-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 24-98 THROUGH 24-111 OF DIVISION 2 OF ARTICLE VI THEREOF, AND BY ENACTING NEW SECTIONS 24-98 THROUGH 24-101 OF DIVI- SION 2 OF ARTICLE VI IN LIEU THEREOF PROVIDING FOR A CITY SEALER OF WEIGHTS AND MEASURES AND PENAL- TIES FOR VIOLATIONS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby amended by repealing Sections 24-98 through 24-111 of Division 2 of Article VI thereof and by enacting new Sections 24-98 through 24-101 of Division 2 of Article VI in lieu thereof to read as follows: "ARTICLE VI. COMMERCIAL PRACTICES DIVISION 2 WEIGHTS AND MEASURES Sec. 24-98. City Sealer of Weights and Measures. (a) The market master is hereby appointed City sealer of weights and (b) The City sealer shall take charge of and provide for the safekeeping of all standards of weights and measures, and see that the weights, measures and ail apparatus used for determining the quantity of commodities used through- out the City agree with the standard in his/her possession. Sec. 24-99. Standard Established. The weights and measures which have been approved, standardized and adopted by the State Department of Agriculture shall be the standard weights and measures to be used in the sale of all commodities required to be sold by weight or measure in the City. Sec. 24-100. Testing Weights and Men- Upon written request of any citizen, f~m or corporation, or educational institution made to the City, a test or calibration of any weights, measures, weighing or measuring devices, and instruments or apparatus to be used as standards in the City shall be made by the City Sealer of Weights and Men- Sec. 24-101. Violations; Penalties. (a) If any person engaged in the pur- chase or sale of any commodity by weight or measure has in his possession any inaccurate scales, weights or mea- sures, or other apparatus for determin- ing the quantity of any commodity, which do not conform to the standard weights or measures, he shall be pun- ished as provided in Section 1-8 of this Code. (b) Any person shall be deemed to have violated the provisions of this Division (1) If he/she shall sell, trade, deliver, charge for or claim to have delivered to a purchaser an amount of any commodity which is less in weight or measure than that which is asked for, agreed upon, claimed to have been delivered or noted on the delivery ticket. (2) If he/she makes settlement for or enters a claim based upon any false weight or measure for any commod- ity purchased. (3) If he/she makes settlement for or enters a claim based upon any false weight or measure for any labor when the price of producing the same is determined by weight or measure. (4) If he/she records a false weight or measure upon a weight ticket or ticket book." PASSED, APPROVED AND ADOPTED this 2nd day of August, 1982: JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK 298 Regular Session, August 2, 1982 Published officially in the Telegraph Herald newspaper this 9th day of August, 1982. Mary A. Davis C~ty Clerk it 8/9 Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 42-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 24-33 AND 24-34 THEREOF AND BY ENAC- TING A NEW SECTION 24-33 IN LIEU THEREOF PROVIDING FOR WEIGHTS AND MEASURES TO BE USED IN THE CENTRAL MARKET, presented and read. Council Member Klauer moved that the reading just bad be considered the first reading of the Ordinance. Second- ed by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Klauer moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 42-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 24-33 AND 24-34 THEREOF AND BY ENACTING A NEW SECTION 24- 33 IN LIEU THEREOF PROVID- ING FOR WEIGHTS AND MEA- SURES TO BE USED IN THE CENTRAL MARKET. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nonces of the City of Dubuque, iowa be and the same is hereby amended by repealing Sections 24-33 and 24-34 thereof and by enacting a new Section 24-33 in lieu thereof to read as fei- Sec. 24-33. Weights and Measures. The weights and measures approved, standardized and adopted by the State Department of Agriculture shall be the standard weights and measures used for the sale of all mer- chandise required to be sold by weight or other measure at the Cen- tral Market. All sales by weights shall be by avoirdupois weight, and all sales of commodities by measure shall be by standard volume contain- ers, specifically, pint, quart, peck or bushel. PASSED, APPROVED AND ADOPTED this 2nd day of August, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 9th day of August, 1982. Mary A. Davis It 8/9 City Clerk Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning approving final plat of Lot 1, Lot 2 and Lot 3 of "Wayne Anthony Place", presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 208-82 A Resolution Approving the Final Plat of Lot 1, Lot 2 and Lot 3 of "Wayne Anthony Place" in the City of Dubuque, Iowa. WHEREAS, there has been fried with the City Clerk a plat of Lot 1, Lot 2 and Lot 3 of "Wayne Anthony place" in the City of Dubuque, Iowa; and Regular Session, August 2, 1982 299 WHEREAS, said plat has been ex- amined by the City Planning and Zom 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 RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thai the plat of Lot 1, Lot 2 and Lot 3 of "Wayne Anthony Place" in the City of Dubuque, Iowa be and the same is hereby approved a~ld 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 tl~is 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning submitting final plats for Dubuque Industrial Center, 1st, 2nd and 3rd Additions, 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 269-82 A Resolution Approving the Plat of "Dubuque Industrial Center First Ad- dition' in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of subdivi- sion to be known as "Dubuque In- dustrial Center First Addition" in the City of Dubuque, Iowa; and WHEREAS, said Plat has been ex- amined by the City Planning and Zon- hag Commission and had its approval endorsed thereon; and WHEREAS, said Plat has been ex- amined by the City Council and they find that said Plat conforms to the statutes and ordinances relating thereto and should be approved: NOW, THEREFORE, BE iT IrE- SOLVED BY THE CITY COIJNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of "Dubuque Industrial Center First Addition" in the City of Dubuque, Iowa, be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 2nd day of August, 1982. 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. RESOLUTION NO. 210-82 Resolution Approving the Plat of "Dubuque Industrial Center Second Addition" in the City of Dubuque, WHEREAS, there has been flied with the City Clerk a plat of the Sub- division to be known as "Dubuque In- dustrial Center Second Addition" in the City of Dubuque, Iowa; and WHEREAS, upon said plat appears Lot 2 which the Owner by said plat has dedicated for use as a public roadway; and WHEREAS, said plat has been amined by the City Planning and Zon- ing Commission and had its approval thereon; and WHEREAS, said plat has been amined by the City Council and they find that same conforms to statutes Regular Session, August 2, 1982 and ordinances relating thereto, ex- cept that the public street on Lot 2 has not been constructed; and WHEREAS, the City Council has approved plans and has contracted for the improvement of Lot 2 as a public street and, therefore, no additional security is required for its improve- ment and maintenance; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot 2 forpublia str~etpurposes as the same appears upon said plag be and the same is hereby accepted and that that portion of said Lot 2 located east of the right-of, way of Radford Road shall hereby be named and known as Chavenelle Road~ Section 2. That the plat of "Dubuque Industrial Center Second Addition" 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 pla~ Passed, adopted and approved this 2nd day of August, 1982. 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 Beurakens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 211-82 Resolution Approving the Plat of "Dubuque Industrlul Center Third Addition" in the City of Dubuque, Iowa. WHEREAS, there has been fried with the City Clerk a plat of the Sub- division to be known as "Dubuque In- ductrlal Center Third Addition" in the City of Dubuque, Iowa; and WHEREAS, said ~lat has been ex- amined by the City Planning and Zen- ing Commission and had its approval thereon; and WHEREAS, said plat has been ex- amlned by the City Council and they find the same conforms to statutes and ordinances relating thereto, and should be approved; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of "Dubuque Industrial Center Third Addition" be and the same is hereby approved, and the dedication of eleven feet of prope~ ty along Radford Road for road right~ of-way purposes is hereby aceeptecL Section 2. That the Mayor and the City Clerk be and they are hereby ~uthorized and directed to endorse the approval of tho City of Dubuque, Iowa, upon said plat. Passed, adopted and approved this 2nd day of August, 1982. 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- bors Beurskens, Delch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager re- questing authorization for the Mayor to execute an Agreement with the Dubuque Humana Society to provide animal shelter servlcos for the City for the year beginning July 1, 1982, presented and read. Council Member Kronfeldt moved that the communication be received and filed and Mayor to execute Agree- mont. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Deich, Hammul, Kluesner, Kronfeldt. Nays--Council Members Beurskens, Klauer. Communication of Administrative Assistant to the City Manager re- questing Council to consider and con- cur in the legislative concerns so the listings can be forwarded to the League of Iowa Municipalities, presented and read. Council Member Beurekens moved that the communication be received and filed and approve the ranking of concerns. Seconded by Council Member Deich. Carried by the follow- Regular Session, August 2, 1982 301 ing vote: Yeas--Mayor Brady; Council Mem- bors Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting response to a petition from property owners on Jonathan Lane and Baldwin Drive regarding repairs to the public sidewalks in their area, and recommending denial of the peti- tion, presented and read. Council Member Deich moved that the petition be received and filed and disapprove the denial of the petition (having the City pay for concrete in- stalled). Seconded by Council Member Hammel. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel. Nays--Council Members Beurskens, Klauer, Kluesner, Kronfeldt. MOTION FAILED. Council Member Kronfeldt moved that the communication be received and filed and denial approved. Second- ed by Council Member Bcurskens. Car- rled by the following vote: Yeas--Council Members Beurskens, Klauer, Khiesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Deich, Hammel, Communication of Council Member Don Deich requesting to discuss the pedestrian bridge on and across U.S. 20 west of Grandview Ave., 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- bors Beurskens, Daich, Hammel, Klauer, Klaesner, Kronfeldt. Nays--None. BOARD AND COMMISSIONS: TRANSIT BOARD: i vacancy, 3 Year Term, Expiration Date of 7:30-85 (Term Was R. Thomas Quick). Applicants: R. Thomas Quick and Ron C. Thfltgen. Vote on the appointment was as follows: Council Member Beurskens voted for Quick, Mayor Brady voted for Thiltgen, Council Member Deich voted for Thiltgen, Council Member Hammol voted for Quick, Council Member Klauer voted for Thiltgen, Council Member Kluesner voted for Quick, Council Member Kronfeldt voted for Quick. Therefore, R. Thomas Quick was reappointed to the Transit Board for a three year term which will expire 7-30-85. RESOLUTION NO. 212-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. General Cinema Corp. of Iowa Kennedy Mall Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Klaesner, Kronfeldt. Nays--None. RESOLUTION NO. 213-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B' BEER PERMIT Saint Columbkille Church 1240 Rush (Also Sunday Sales) CLASS "C" BEER PERMIT Earl G. Corbett 408 W. Locust (Also Sunday Sales) Dubuque Packing Co. 701 E. 16th Passed, adopted and approved this 2nd day of August, 1982. 302 Regular Session, August 2, 1982 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 214-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE H.H. of Dubuque, Inc. 3100 Dodge (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dwaine D. Bowman 841 Central (Also Sunday Sales) Passed, adopted and approved this 2nd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution, approving all except Dwaine D. Bowman. Second- ed by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Kronfeldt moved to approve the Liquor License of D. Bowman. Seconded by Council Member Delch. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Kronfeldt moved to refer Cue Master Billiards to the Cor- poration Counsel to see if business is in violation of any Ordinance and City Manager to follow up immediately. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Comm. of 7-14; Cable Tele- Programming Comm. of 7-6; Cable Regulatory Comm. 7-14; Electrical Ex- staining Board of 7-13; Five Flags Comm. of 7-12; Housing Code Ad- visory and Appeals Board of 7-14; Human Rights Comm. of 6-14 & 6-21; Judicial Subcommittee of 6-11; Carnegie Stout Public Library of 6-21; Park and Recreation Comm. of 7-12; Planning and Zoning Comm. of 7-7; Plumbing Board of 7-22 & 7-26; Tran- sit Board of 5-13 & 7-9 and Com- Earnings Statement for month of June, 1982; Zoning Board of Adjustment of 7-1; Community Development Comm. of 7-22; Dock Comm. of 6-31, presented and read. Council Member Beurskens 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, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Ronald J. Ckristenson in amount of $310 for car and property damages; Michael J. Feltes in amount of $56 for tar damages; Paul W. Frey in amount of for backed-up sewer; James R. Kemp in amount of $15 for tar damages to car; Billy G. Klein for per- sonal injuries in unknown amount; Charles J. Smith in unknown amount for tar damages to car; presented and read, Council Member Beurskens moved that the claims be referred to the Cor- poration Counsel for investigatlon and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Regular Session, August 2, 1982 303 Communication of Corporation Counsel recommending settlement of personal injury claim of Madonna M. Brich in amount of $688.60, presented and read. Council Member Beurskens moved that the communication be received and filed and settlement be approved and Finance Director to issue the check. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Ngys--None. Communication of Corporation Counsel advising of Order rendered by Judge Degnan concerning the 1978 Fischer tax appeals, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: St. Patrick's Parish, $225; Evening Op- timist club, $225 on unexpired per- tions of Beer Permits, presented and read. Council Member Beurskens moved that the refunds be approved and Finance Director to issue the proper check. Seconded by Council Member Klauer. Carried by tlie following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting reports of the Finance Director and City Treasurer for the month of June, 1982, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the fofiow- lng vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, of Notice of In- tent to file request for release of Fiscal Year 1983 Block Grant Funds for In- dustrial/Conunercial Loan Participa- tion Old Main Street Area, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer, Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt, Nays--None. Communication of Civil Aeronautics Board advising of Order extending re- quirements to provide essential air transportation by Ozark Air Lines, Inc., presented and read. Council Member Beurskens moved to receive and file the coxnmunication. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Alfred Polsean, 3515 Crescent Ridge, objected to the City's handling of Crescent Ridge since their annex- ment. 10:25 p.m. Council Member Klauer moved to go into Executive Session to discuss strategy with Council in mat- ters that are presently in litigation. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. 10:47 p.m. Council reconvened Special Session, Mayor Brady an- nounced Legal Counsel had been given direction regarding pending litigation. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following votel Yeas--Mayor Brady, Councfi Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved. 1982 Adopted 1982 Mayor 3O4 Regular Session, A.g~st 2, 1982 Council Members ATTEST: City Clerk Special Session, August 9, 1982 3O5 CITY COUNCIL OFFICIAL Special Session, August 9, 1982. Council Met at 7:30 p.m., Auditorium of Public Library. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel lIariey F. Stark, Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a Public Hearing to consider an Ordinance to amend the Zoning Ordinance to allow flags in Historic Districts and acting upon such other business which may properly come before the Council. Invocation was given be Professor D. l,. Buchheim of Wartburg Theological Seminary. PROCLAMATION: Week of August 15th as "Mentally Handicap- ped Health Week" received by Tom O'Brien, Council Member Deich 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- bors Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeld~.. Nays~ None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Or- dinance to regulate and require a fee for temporary signs and to allow flags in Historic Districts, presented and read. There were no written objections received at the time set for tlie Hear- lng. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by tlie following vote: Yeas--Council Members Beurskens, Deich, Harmnel, Kluesner. Kronfeldt. Nays--Mayor Brady, Council Mem- bet Klauer. ORDINANCE NO. 43-82 AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE zeN- lNG ORDINANCE TO ALLOW "FLAGS IN ItI~TORIC DISTRICTS", TO DEFINE TEM- PORARY SIGNS AND REGULATE THEIR USE AND REQUIRE A $10 CERTIFICATE FEE, said Ordinance having been presented and read at the Council Meeting of July 19, 1982, presented for final adoption. ORDINANCE NO. 4%82 AN ORDINANCE OF THE CiTY OF DUBUQUE, IOWA, PROViD- ING THAT THE CODE OF ORI)L NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- iNG APPENDIX A THEBEOF, ALS() KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQLIE, IOWA", BY ENACTING NEW SECTIONS 5-105.4, m), AND 5- 105.11 OF ARTICLE V THEREOF; BY REPEALING SECTION 5 105.5, a) OF ARTICLE V AND ENACT lNG A NEW SECTION 5-105.5, a) OF ARTICLE V IN LIEU THEREOF; BY REPEAl,lNG THE SiGN REGULATIONS FOR THROUGH OR-1 DISTRICTS OF TABLE 5-105.2 SCHEDULE OF COMPREHENSIVE SIGN REGU- LATIONS AND ENACTING NEW SIGN RE(iULAT1ONS FOR R-1 THROUGH OR-1 DISTRICTS OF TABLE 5-105.2 SCHEDULE OF COMPREHENSIVE SIGN REOU LATIONS IN LIEU THEREOF; BY ENACTING NEW SIGN REG- ULATIONS FOR THE ID INSTi- TUTIONAL DISTRICT OF TABLE 5-105,2 SCHEDULE OF COMPREHENSIVE SIGN REGU LATIONS THEREOF; AND BY ENACTING A NEW ITEM 9. TO TABLE 10-101 OF ARTICLE X THEREOF, TO ALLOW, REGU- LATE AND REQUIRE A FEE FOR TEMPORARY SIGNS AND TO ALLOW FLAGS IN HISTORIC DISTRICTS. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF TBE CITY OF DUBUQUE,~ IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 5-105.4, m) thereof, as follows: Section 5-105.4 Definitions "m) Temporary sign - sign, banner, pennant, or other advertising display constructed of cloth, canvas, fabric or other light material, with or without frames, intended for a lhnited ~riod of display only." 3O6 Special Session, August 9, 1982 Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa"~ by repealing Sec- tion 5-105.5, a) of Article V thereof, and enacting a new Section 5-105.5, a) of Article V in lieu thereof, as follows:- Section 5-105.5 Prohibited Signs The following signs shall be expressly prohibited in all zoning districts, any contrary provisions or implication of this ordinance notwithstanding: "a) Any sign, all or any portion of which is set in motion by air move- ment, including pennants, banners, or flags, except official flags of nations or administrative or political subdivi- sions thereof, and except for tem- porary signs and for flags for historically or architecturally desig- nated properties in the OR-1 District as provided in Table 5-105.2." Section 5. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 5-105.11 Temporary Signs of Article V thereof, as follows: "Section 5-105.11 Temporary Signs Temporary signs may be erected and maintained in accordance with the following provisions: 1. General Conditions a. Certificate and Fee Required. No person shall erect, alter or relocate any temporary sign except for real estate and political signs without first making application, submitting a fee as specified in Article X of this ordi- nance, and obtaining a temporary sign certificate from the Building Cominissioner. b. Limit on Number of Certificates. No more than four (4) certificates for temporary signs shall be issued for the same zoning lot in one calendar year. c. Materials and Methods. The Building Commissioner shall impose as a condition of the issuance of a certificate, such requirements as to material and manner of construction as are necessary to assure the safety and convenience of the public. d. Sign Types. Temporary signs shall be non-projecting building signs or free-standing signs as defined herein, except that in the case of temporary business signs and quasi-public signs, pennants, banners, and flags may be utilized. e. Number, Area, Height, and Loca- tion. The permitted number, area, height, and location of temporary signs shall be determined by ~he Building Commissioner with consider- ation given to public safety and the signage reasonably necessary and appropriate for the intended put- 2. Quasi-Publlc Signs, giving notice of events and activities sponsored by recognized civic, patriotic, religious or charitable organizations for non-com- mercial purposes, subject to the fol- lowing: a. Location. Quasi-public signs may be located on or off of the premises where the event is taking place pro- vided permission is given by the of the property, Such signs shall not project beyond any lot b. Timing. Quasi-public signs shall than thirty (30) days prior to the date on which the event advertised is diately after the termination of the 3. Temporary Business Signs, calling attention to a special, unique or lim- ited activity, service or product or sale of limited duration, as follows: signs shall be located only on the lot upon which the special activity is t~ occur. Such signs shall not project b. Timing. Temporary business signs shall be erected and maintained for a period not to exceed thirty (30) days, at the expiration of which period the certificate holder shall immediately Section 4. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing the sign regulations for the R-1 through the OR-1 Districts of Table 5-105.2 Schedule of Comprehensive Sign Regu- lations and enacting new sign regula- tions for the R-1 through OR-1 Districts of Table 5-105.2 Schedule of Comprehensive Sign Regulations in lieu thereof, as follows: (see table on fofiowing page Special Session, August 9, 1982 307 TABLE 5-105.2 SCHEDULE OF coMpREHENSIVE SIGN REGULATIONS Section 5. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Map of the City of Dubuque, Iowa", by adding temperary quasi-publio signs to the sign regulations for the ID Institutional District of Table 5-105.2 Schedule of Comprehensive Sign Regn- lations thereof, as follows: Table 5-105.2 Schedule of Com- prehensive Sign Regnlations ID T~mporary quasi-public signs As regulated in Section 5-105.11 Section 6. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by adding an application fee for temporary sign cer- tificates to Table 10-101 of Article X thereof, as follows: ARTICLE X SCHEDULE OF FEES Table 10-101 - Schedule of Fees FUNCTION FEE 9. Application for Temporary Sign Certificate $10.00 Section 7. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, PASSED, APPROVED AND ADOPTED this 9th day of August, 1982. James E. Brady MAYOR ~,TTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 16th day of August, 1982. Mary A. Davis It 8/16 City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- ber Klauer. Communication of Attorney Allan J. Carew, on behalf of Martin Luther Home, requesting issuance of Health Care Revenue Bonds in an amount not to exceed $2,000,000, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammef, Klauer, Kluesner, Kronfeldt. Nays--None. Tom Quick, Admihistrator of Luther Manor, set out specifics of the propos- ed new retirement apartments. RESOLUTION NO. 215-82 A Resolution Authorizing the Execu- tion of a Memorandum of Agreement 308 · Special Session, August 9, 1982 with Martin Luther Home WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, .State of Iowa (the "Issuer") is an mcor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for use as health care facilities or any housing unit or complex for the elderly or han- dicapped; and WHEREAS, the Issuer has been re- quested by Martin Luther Home, an Iowa non-profit corporation (the "Company") to issue its revenue bonds pursuant to the Act for the pur- pose of financing the acquisition by construction or purchase of buildings, equipment and improvements suitable for use in the expansion of the Com- pany's existing health care facility and for a housing complex for the elderly (the "Project") located within the Issuer; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such put- pose; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto be and the same is hereby ap- proved and the Mayor is hereby authorized to execute said Memoran- dura of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- ment which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and con- mining the provisions set forth in Ex- hibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Mem- orandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such Passed, adopted and approved this 9th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF kGREEMENT is between the City of Dubuque, Iowa, (the "Issuer") and dartin Luther Home, and Iowa non- ~rofit corporation (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for use as health care facilities or any housing unit or complex for the elderly or han- dicapped; and lb) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing quired by the Act such bonds will be issued by the Issuer in a principal amount sufficient to finance the costs of the acquisition by construction or purchase of buildings, equipment and improvements suitable for use in the expansion of the Company's existing health care facility and for a housing complex for the elderly (the "Project"), located within the Issuer. (c) The Issuer considers that the ac- quisition and construction of the Pro- ject and the financing of the same will promote the welfare and prosperity oI the Issuer and its citizens. 2. Undertakings on the Part of the (a) The Issuer will begin the pro- ceedings necessary to authorize the is- suance of such bonds in an aggregate principal amount not to exceed $2,000.000. {b) Subject to due compliance with aH requirements of law, including the provisions of and the public hearing re- quired by the Act, it will cooperate the Company, in the issuance and sale Special Session, August 9, 1982 309 of such bonds, and the proceeds from the issuance of such bonds shali be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agree- ment with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums suffi- cient to pay the principal of and in- terest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shah be mutual- ly agreed to) the Issuer and the Com- pany shall have agreed to mutually ac- ceptable terms relating to the issuance and sale of such bonds. (b) The Company agrees that it will reimburse the Issuer for ali reasonable and necessary direct out-of-pocket ex- penses which the Issuer may incur at its request arising from the execution of this Agreement and the perfor- mance by the Issuer of its obligation hereunder, whether or not such bonds are issued. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not con- stitute an indebtedness of the Issuer wihin the meaning of any constitu- tional or statutory provision and shah not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Dated this 9th day of August, 1982. Dubuque, Iowa By: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal) Martin Luther Home By: R, Thomas Quick (Seal) Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 216-82 Resolution Fixing a Date for Hearing on Proposed Health Care Revenue Bonds, Series 1982 (Martin Luther Home Project) WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and em- powered by the provisions of Chapter 419 of the Code of Iowa, 1981. as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, ira- provements and equipment, or any in- terest therein, suitable for use as health care facilities or any housing unit or complex for the elderly or hun- dicapped; and WHEREAS, the Issuer has been re- quested by Martin Luther Home (the "Company"), an Iowa non-profit cor- poration, and has agreed subject to the public hearing required by the Act to issue its revenue bonds to finance the cost of the acquisition by construc- tion or purchase of buildings, equip- ment and improvements suitable for use in the expansion of the Company's existing health care facility and for a housing complex for the elderly (the "Project") located within the Issuer; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Health Care Revenue Bonds, Series 1982 (Martin Luther Home Project) of the Issuer in an ag- gregate principal amount not to ex- ceed $2,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the oblige- tion of which ~vill be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provid- ed for by Section 419.9 of the Act; 310 Special Session, August 9, 1982 NOW, THEREFORE, BE IT RE, SOLVED by the City Council of the Issuer, as renews: Section 1. This Council ~hall meet at the City Hall in the Council Chambers, in Dubuque, Iowa, on the 7th day of September, 1982, at Z'30 o'clock p.m., at which time and place a public haa~ lng shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The City Clerk is hereby directed to give notice of intention to issue the Bonds, settln forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Telegraph-Herald, a newspaper published and having a general circula- tion within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE Health Care Revenue Bonds (Martin Luther Home Project) The City Council of the City of Dubuque, Iowa, (the "Issuer") will meet on the 7th day of September, 1982, at City HaH in the Council Chambers, in Dubuque, Iowa, at 7:30 o'clock, p.m., for the purpose of con- ducting a public hearing on the pro- posal to issue Health Care Revenue Bonds, Series 1982 ~Martin Luther Home Project) of the Issuer, in an ag- gregate principal amount not to ex- ceed $2,000,000 Ithe "Bonds"), and to loan said amount to Martin Luther Home (the "Company"), an Iowa non- profit corporation, for the purpose of defraying the cost, to that amount, of the acquisition by construction or put- chase of buildings, equipment and ira- provements suitable for use in the ex- pansion of the Company's existing health care facility and for a housing complex for the elderly, to be located within the Issuer. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obliga- tion of which will be sufficient to pay the principal of the interest and redemption premium, if any, on the Bonds as and when the same shall At the time and place fixed for said public hearing aH local residents who appear will be given an opportunity to express their views for or against the ~roposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 9th day of August, 1982. Mary A. Davis City Clerk Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 9th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (seal) Council Member Kinuer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager ad~ vising of completion of Central Avenue Street Lighting and Traffic Signal Interconnect from 16th St. to 22nd St. Project and recommending acceptance, presented and read. Council Member Hanunel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (A Resolution Accepting Improvement) RESOLUTION NO. 217-82 WHEREAS, the contract for the Central Avenue Street Lighting and Traffic Signal Interconnect from 16th Street to 22nd Street has been com- pleted and the City Manager has ex- amined the work and ~ed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now Special Session, August 9, 1982 311 BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVEI~ that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the sale of G.O. Bonds, Road Use Tax and State Funds, in amount equal to the amount of his contract, less any re- rained percentage provided for therein. Passed, adopted and approved this 9th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. FINAL ESTIMATE RESOLUTION NO. 218-82 WHEREAS, the contract for th, Central Avenue Street Lighting and Traffic Signal Interconnect from 16th Street to 22nd Street has been com- pleted and the City Engineer has sub- mitred his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $84,823.92. That none of the cost thereof shah be assessable upon private property and $84,823.92 shah be paid from the G.O. Bonds, Road Use Tax, and State Funds of the City of Dubuque. Passed, adopted and approved this 9th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution approving agreements which provide for funding of the railroad crossing reconstruction for the East 11th Street Project, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 219-82 Resolution Authorizing Execution of an Agreement Between the City of Dubuque, Iowa, the Iowa Department of Transportation, and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company Relating to the Reconstruction of the Railroad Tracks at East Eleventh Street. BE IT RESOLVED that the attach- ed Agreements be approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute the Agreement for and on behalf of the City Council. Passed, adopted and approved this 9th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Meeting. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Airport Manager advising of decisions reached by the Airport Commission regarding the 312 Special Session, August 9, 1982 proposed new buildings at the Airport, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that they postpone all actions until budget hearing of next year Ino buildings or construction to be made at the Airport). Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner Kronfeldt. Nays--Council Member Hummel Klauer. RESOLUTION NO. 220-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants ~vere in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE BY 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 Joseph R. Stecher (14 day Permit) Veterans Memorial Park (Also Sunday Sales) John F. Glynn 760 E. 16th St. Church of the Nativity 1225 Alta Vista (Also Sunday Sales) Passed, adopted and approved this 9th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers. Beurskens, Deich, Hummel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 221-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be auhtorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Imperial Lanes, Inc. 3505 Stoneman (Also Sunday Sales) James J. Klauer 1646 Asbury Donna M. Ginter 1701 Asbury ISunday Sales Only) Passed, adopted and approved this 9th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeidt. Nays--None. MINUTES SUBMITTED: Airport Comm. of 8-2, Cable Regulatory Comm. of 7-21, Cable Tele- Programming Comm. of 8-3, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Receipts and Expen- ditures for the month of June, 1982, presented and read. Council Member Deich moved that Special Session, August 9, 1982 the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Gilbert F. and Josephine Roling, in amount of $212 for backed-up sewer damages, presented and read. Council Member Deich moved that the claim be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending settlement of car damge claim of Bill Meyer in amount of $78.79, present and read. Council Member Deicb moved that the communication be received and filed and settlement approved, with Finance Director to issue check. Seconded by Council Member Khiesner. Carried by the following Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hummel, 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 following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Khiesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved __198~ Adopted .1982 Mayor Council Members ATTEST: City Clerk 313 314 Special Session, August 16, 1982 CITY COUNCIL OFFICIAL Special Session, August 16, 1982 Council Met at 7:30 p.m., Auditorium of Public Library. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kinuer, 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 CONSIDER FIX- ING A DATE FOR PUBLIC HEAR- ING ON PROPOSED CLINIC REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $6,000,000.00 and acting upon such other business winch may properlyI come before the Council. InvocationI was given by Rev. James Qualben of I Wartburg Seminary. Council Member Beurskens moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Petition of Belin, Harris, Helmick and Heartney, Bonding Counsel for Graham Group, requesting issuance of Clinic Revenue Bonds in an amount not to exceed $6,000,000.00 presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 222-82 A Resolution Authorizing the Execu- tion of a Memorandum of Agreement with The Graham Group WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque. State of Iowa (the "Issuer") is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of a voluntary non-profit hospital or clinic; and WHEREAS, the Issuer has been re- quested by The Graham Group, an Iowa general partnership, to issue its revenue bonds pursuant to the provi- signs of the Act for the purpose of financing the acquisition by construc- tion or purchase of land, buildings, equipment and improvements, or any interest therein (the "Project") to be located within the Issuer, to be leased to physicians, physicians' groups and other ancillary health service profes- signs and providers; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such pur- NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto be and the same is hereby ap- proved and the Mayor is hereby authorized to execute said Memoran- dura of Agreeraent and the Clerh is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- went which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and con- raining the provisions set forth in Ex- hibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewitt~ are hereby repealed to the extent of such Passed, adopted and approved this 16th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal) Special Session, August 16, 1982 315 EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, Iowa, (the "Issuer") and The Graham Group. 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: la) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of a voluntary nonprofit hospital or clinic; and {b) The Graham Group wishes to ob- tain satisfactory assurance from the Issuer that subject to the public hear~ lng required by the Act such bonds will be issued by the Issuer in a prin- cipal amount sufficient to finance the costs of the acquisition by construc- tion or purchase of land, buildings, equipment and improvements, or any interest therein (the "Project"), to be located within the Issuer, to be leased to physicians, physicians' groups and other ancillary health service profes- sions and providers. (c) The Issuer considered that the ac- quisition and construction of the Pro- ject and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the (a) The Issuer will begin the pro- ceedings necessary to authorize the is- suance of such bonds in an aggregate principal amount not to exceed $6,000,000. lb) Subject to due compliance with all requirements of law, including the provisions of and the public hearing re- quired by the Act, it will cooperate with The Graham Group in the is- suance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to a limited part- nership in which The Graham Group is the general partner or a corporation controlled by The Graham Group (the "Company"), upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of The Graham Group. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) The Company will enter into a Loan Agreement with the Issuer under the terms of which the loans payments to be made by the Company to the Issuer will be in amounts suffi- cient to pay the principal of and in- terest and premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and The Graham Group herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) tho Issuer and the Company shall have agreed to mutual- ly acceptable terms relating to the is- suance and sale of such bonds. (bi The Graham Group agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of- pocket expenses which the Issuer may incur at its request arising from the ex- ecution of this Agreement and the per- refinance by the Issuer of its obliga- tion hereunder, whether or not such bonds are issued. (cl All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any habillty for any act or omission hereunder, and that such bonds described herein shah not con- stitute an indebtedness of the Issuer within the meaning of any constitu- tional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Dated this 16th day of August, 1982. Dubuque, Iowa By: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal) The Graham Group By: John H. McGarvey Council Member Klauer moved adoption of the Resolution, Seconded by Council Member HammeL Carried by the following vote: Yeas--Council Members Beurskens, Hammel, Klauer, Kluesner. Nays--Mayor Brady, Council Mem- bers Deich, Kronfeldt. 316 Special Session, August 16, 1982 RESOLUTION NO. 223-82 Resolution Fixing a Date for Hearing on Proposed Clinic Revenue Bonds, Series 1982 (Mercy Clinic Project) WHEREAS, the City of Dubuque, in the County of,Dubuque, State of Iowa (the "Issuer' ), is an incorporated municipality authorized and em- powered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, im- provements and equipment, or any in- terest therein, suitable for the use of a voluntary non-profit hospital or clinic and WHEREAS, the Issuer has been r~- quested by The Graham Group, and has agreed subject to the public hear- lng required by the Act to issue its revenue bonds to finance the cost of the acquisition by construction or pur- chase of land, buildings, equipment and improvement, or any interest therein (the "Project") to be located within the Issuer, to be leased to physicians, physicians' groups and other ancillary health service profes- sions and providers, which will provide additional health care services for the inhabitants of the Issuer, and other benefits flowing therefrom; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Clinic Revenue Bonds, Series 1982 (Mercy Clinic Project) of the Issuer in an aggregate principal amount not to exceed $6,000,000 (the "Bonds") and to loan said amount to a limited partnership in which The Graham Group is the general partner or a corporation controlled by The Graham Group (the "Company") under a Loan Agreement between the Issuer and the Company under which the loan payments to be made by the Company will be sufficient to pay. the principal of and redemption prermum, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on tke propos01 to issue the Bonds, all as r0quired and provid- ed for by Section 419.9 of the Act! NOW, THEREFORE, BE IT RE- SOLVED by the City Counckl of the Section 1. This Council shall meet at the City Hall Council Chambers, in Dubuque, Iowa, on the 7th day of September, 1982~ at 7:30 o'clock p.m., at which time and place a public hea~ lng shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 1. The City Clerk fs hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Telegraph~Herald, a newspaper published and having a general circulo, lion within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE Clinic Revenue Bonds (Mercy Clinic Project) The City Council of the City of Dubuque, Iowa, (the "Issuer") will meet on the 7th day of September, 1982, at City Hall in the Council Chambers, in Dubuque, Iowa, at 7:30 o'clock, p.m., for the purpose of con- ducting a public hearing on the pro- posal to issue Clinic Revenue Bonds, Series 1982 tMercy Clinic Project) of tlie Issuer, in an aggregate princlpa] amount not to exceed $6,000,000 (the "Bonds"), and to loan said amount to a limited partnership in which The Graham Group, an Iowa general part- nership, is the general partner or a cor- poration controlled by The Graham Group Itbe "Company"), for the pur- pose of defraying the cost, to that amount, of the acquisition by con- struction or purchase of land, buildings, equipment and im- provements, or any interest therein, to be located within the Issuer, to be leas- ed to phys~cmns, phymcmns groul~ and other ancillary health service pre- fessions and providers. The Bonds, when issued, will be limited obliga- tions and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said Special Session, August 16, 1982 317 public hearing ail local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereoi the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 16th day of August, 1982. Mary A. Davis City Clerk Section 3, All resolutions and parts thereof in conffict herewith are hereby repealed to the extent of such conflict. Passed and approved this 16th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal Council Member Klauer moved adop- tion of the Resolution. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Nays--Council Member Kronfeldt. Communication of Planning and Zoning recommending rezoning pro- perty located at 2637 Windsor Ave. from R-3 Multi-Family Residential to C-1 Commercial District Classification as petitioned by Christensen's, Inc, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hummel, Klauer, Kioesner, Kronfeldt. Nays--None. An ORDINANCE Amending Zen- lng Ordinance by reclassifying proper- ty at 2637 Windsor Ave. from I~3 Multi-Family Residential District Classification to C-1 Commercial District Classification, 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 Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kioesner, Kronfoldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on Sept. 7, 1982 at 7:30 p.m. in the Council Chambers at the City Hall and that the City Clerk be in- structed to publish notice of the Hear- lng in the manner prescribed by law. Seconded by Council Member Beur~ skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kinesner. Kronfoldt. Nays--None. Petition of Attorney Thomas W. McKay submitting an Ordinance re- questing an amendment to Ordinance No. 5-60 to correct a legal description, presented and read. Council Member Beurskens 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, Deioh, Hummel, Klauer, Kinesner, Kronfoldt. Nays--None. ORDINANCE NO. 44-82 AN ORDINANCE AMENDING AND CORRECTING ORDINANCE NO. 5-60, BY DELETING IN SECTION 4 THEREOF--"LOT 5, BLOCK 5, RAILROAD ADDITION", AND IN- SERTING IN LIEU THEREOF- "LOT B, BLOCK 5, RAILROAD AD- DITION'', 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 Klauer. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deioh, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskons moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting ~vhen final action is taken, be dispensed with. Seconded by Council Member Klauer. Carried by the following vote: 318 Special Session, August 16, 1982 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 44-82 An Ordinance Amending and Cor- recting Ordinance No. 5-60, by delet- ing in Section 4 thereof - "Lot 5, Block 5, Railroad Addition", and inserting in lieu thereof - "Lot B, Block 5, Raikoad Addition". WHEREAS, Ordinance No. 68-59, provides... "Section 2. That the alley fgst east of Sycamore Street from East Eighteenth Street to East Nineteenth Street be and the same is hereby vacated;" and WHEREAS, Ordinance No. 68-59, provides . . . "Section 3. That the plat showing the vacated portions of said street and alley and asEtgq~ing lot num- bers thereto, as submitted by peti- tioner, be and the same is hereby approved and the Mayor and City Clerk be and they are hereby author- ized and directed to execute the same on behalf of the City of Dubuque;" and WHEREAS, the Plat of the alley between Sycamore Street and Lynn Street from the northerly line of East Eighteenth Street to the southerly line of Lot A, Block 5, Railroad Addition (Eost Nineteenth Street), was assigned - Lot B, Block 5. Railroad Addition; and WHEREAS, Dubuque Packing Company was at that time and is pres- ently the fee owner of Lot 5, Block 5, Railroad Addition, in the City of Dubuque, Iowa; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE: Section L That Section 4 of Ordi- nance No. 5-60 is amended and cor- rected by deleting "Lot 5, Block 5, Railroad Addition", and inserting in lieu thereof - "Lot B, Block 5, Railroad Addition". Section 2. That the Mayor and City Clerk be and they are hereby author- ized and directed to execute a Quit Claim Deed, quit claiming all right, title and interest of the City of Dubuque, Iowa~ in "Lot B, Block 5, Railroad Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof" and conveying the same to Dubuque Packing Com- pany, and deliver said deed to Dubuque Packing Company, the condi- tions of Ordinance No. 68-59 having been fulfilled and satisfied. Section 3. That the City Clerk be and she is hereby directed to record a certified copy of this Ordinance in the office of the County Recorder of Dubuque County, Iowa. Passed, approved and ad6pted this 16th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 19th day of August. 1982. Mary A, Davis City Clerk It 8/19 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Dubuque-In-Future re- questing Council adopt a Resolution relative to "Price Structure" for Dubu- que Industrial Center, presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting a Resolution relative to A.Y. McDonald Relocation Project, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 224.82 A Resolution Approving Appraisal Findings for the Pricing of Disposition Sites in the Dubuque Industrial Center WHEREAS, the City Council of the City of Dubuque, Iowa and Dubuque In-Future, Inc. have entered into a Memorandum of Agreement, dated August 17, 1981; and, WHEREAS~ Section 6 of the afore- Special Session, August 16, 1982 319 said Memorandum of Agreement pro- vides as follows: "6. The Corporation shall retain a qualified real estate appraiser to make an appraisal of the fair market value of the disposition sites under its control. Fair market value shah be determined in accordance with the uses con- templated, the covenants, conditions and obh~gations assumed by the pur- chaser or lessee, or by the comparable value of other sites suitable for the contemplated use. Such appraisal shah be obtained within sixty days of the date of this Agreement and shah be transmitted to the CITY for its review and approval. Upon such approval, the statement of appraised fair market value shah be made a part of the Disposition Plan. The CORPORA- TION shah cause a re-appraisal to be made at least once a year thereafter by a qualified real estate appraiser, and shah submit such re-appraisal to the CITY for its approval. The COR- PORATION shall not dispose of any real or personal property through sale, use or location and shah not enter into contracts or agreements for the disposition of industrial sites in the project at less than fair market value thereof without the written consent of the CITY in each case." WHEREAS, the Board of Directors of Dubuque In-Future, Inc. (the COR- PORATION) has transmitted its Resolution No. 7-82, requesting ap- proval of a pricing structure for disposition sites in the Dubuque In- dustrial Center, according to the re- quirements described above, and has attached thereto the report of Iowa Appraisal and Research Corporation; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the findings of the lo wa Appraisal and Research Corporc~ tion, hereto attached, are aceepted~ Section 2. That the prieing structure of disposition sites in the Dubuque In- dustrial Center, as set forth in Resolu~ tion No. 7-82 of the Board of Directors of Dubuque~In-Futuro, Inc., as hereto attached and marked Exhibit "A ", is approved~ Section 3. That the Disposition Plan attached as Exhibit to the Memoran- dura Agreement, dated August 17, 1981 between the City of Dubuque, Iowa and Dubuque In-Future, Inc. is hereby amended by including therein the statement of appraised fair market value as set forth in the aforemention- ed Resolution No. 7-82 of the Board of Directors of Dubuque In-Future, Inc., for the fiscal year commencing July 1, 1982. Passed, adopted and approved this 16th day of August, 1982. dames E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 225-82 A Resolution Directing the City Manager to Prepare a Project Agree- ment with the Iowa Department of Transportation for the A.Y. McDonald Mfg. Co. Relocation Project. WHEREAS, the City of Dubuque, Iowa had offered its assistance to the Iowa Department of Transportation in that agency's acquisition of existing facilities of the A.Y. McDonald Mfg. Co., for the purpose of facilitating relocation of that company from the corridor of the U.S. 61 Relocation Pro- ject; and WHEREAS, the Iowa Department of Transportation and the A.Y. McDonald Mfg. Co. have entered agreements providing for acquisition of the company's facilities, in a man- ner consistent with the intent of the City of Dubuque, Iowa; and WHEREAS, a Project Agreement between the City of Dubuque, Iowa and the Iowa Department of Transpor- tation is to bo prepared, and may hereafter be approved by the City Council of the City of Dubuque, Iowa and the Iowa Department of Transpor- tation Commission, providing for the responsibilities of the parties in the Project noted above; and NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:' Section 1. That the City Manager is authorized and directed to negotiate on behalf of the City of Dubuque, Iowa 320 Special Session, Aul cst i6, 1982 with the Iowa Department of Transportation in the preparation of a Project Agreement for the A.Y. McDonald Mfg. Co. Relocation Pro- jeer. Section 2. That the City Manager is authorized to offer the financial pa~ ticipation of the City of Dubuque, Iowa in such Project Agreement, in fulfillment of an offer of assistance previously made on behalf of the City of Dubuque, lowa, in such manner as to provide for an expenditure of not more than $100,000 from amounts ap- propriated for economic development land acquisition in the FY '83 CDBG budget; by an amount of not more than $200,000 from funds returned to the City of Dubuque from the Dubuque In- Future, Inc. Debt Service Fund; and by subsequent payment of an amount not to exceed $200,000 from funds iden- tiffed in the FY '84 Capital Improve- ment Plan for CDBG Economic Development activities. Section 3. That the City Manager is directed to cooperate with the Iowa Department of Transportation in the preparation of the Project Agreement, and to return said Project Agreement to the City Council for its review and approval Section 4. That Dubuque In-Future, Inv. is hereby released from its previous offer of assistance to the city of Dubuque, Iowa in the A.Y. McDonald Mfg. Co. Relocation Pro- jeeg as had been set forth in its Resola- tion No. 4~2. Passed, adopted and approved this 18th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- rled by the funowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution authorizing re- quest for release of funds for a Com- munity Development Block Grant Project~ presented and read. Council Member Klauer moved that the communication be received and · ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kiaesner, Kronfeldt. Nays--None. RESOLUTION NO. 226-82 A Resolution Authorizing Submission of a Request fur Release o! Funds for Certain Community Development illock Grant Projects WHEREAS, the City of Dubuque, in conformance with the Environmen- tal Review Procedures for the Com- munity Development program, con- vened an ad hoc committee on July 30, 1982 which completed an Environmen- tal Assessment of the following iden- tified project to be funded in the Com- munity Development Block Grant: Economic Development Land Acquisition Project A.Y. McDonald Company Property) WHEREAS, pursuant to Resolution No. 203-82, adopted August 2, 1982, Public Notice of a "Finding of No Significant Effect on the Environ- nent" for the project above was published August 4, 1982, in the Dubuque Telegraph Herald, a newspaper of general circulation and provided for a public comment period until 12:00 Noon, Friday August 20, 1982; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the project was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a Public Notice; and WHEREAS, any and an objections, if any, to such a proposals has been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submis- sion of a request to the U.S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out the above, identified project: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said record Special Session, August 16, 1982 321 may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart. ment of Housing and Urban Develop- ment at least seven (7) days after adap- tion of the Resolutio,, a request for release of funds to undertake the said projec& Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible Federal Official under the National Environmental Protection Acg insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development's responsibility for review, decision- making, and action assumed and tied out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the eh- vironmentol review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A " attached hereto and made a part hereof Passed, adopted and approved this 16th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager ad- vising of completion of Cedar Cross Road, Crescent Ridge and Crescent Court Water Main Extension and recommending acceptance, presented and read. Council Member Hannnel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- hig vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 227-82 WHEREAS, the contract for the Cedar Cross Road, Crescent Ridge and Crescent Court Water Main Extension has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance. NOW, THEREFORE, BE IT RE- SOLVED by the City Council 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 he is hereby directed to pay to the contrac- tot in amount equal to the amount of his contract, less any retained percen- tage provided for therein. Passed, adopted and approved this 16th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member HammeI. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. FINAL ESTIMATE RESOLUTION NO. 226-82 WHEREAS, the contract for the Cedar Cross Road, Crescent Ridge and Crescent Court Water Main Extension has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- chiding the cost of estimates, notices, 322 Special Session, August 16, 1982 inspection, and preparing the assess- ment plat. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the cost of said improvement is hereby determined to be $275,898.67; That none of the cost thereof shah be assessable upon private property and $275,898.67 shall be paid from the Water Construction Fund of the City of Dubuque. Passed, adopted and approved this 16th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the fo[lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manage~ submitting Resolution providing for acquisition of property from Chicago, Northwestern Railroad Co., presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 229-82 WHEREAS, the Chicago and North Western Transportation Company has abandoned trackage through the City of Dubuque. Iowa; and WHEREAS, the City of Dubuque has interest in acquisition of this right- of-way for use at a future date for an arterial roadway; and WHEREAS, the City has negotiated with said Transportation Company for the purchase of certain portions of said right-of-way and the Chicago and North Western Transpor- tation Company has offered to sell the same to the City for the total sum of $30,000.00, a copy of said Offer to Pur- chase, with map of the parcels of real estate involved being a part of said Of- fer to Purchase, is hereto attached and made a part hereof by reference; and WHEREAS, the City Council has examined said Offer to Purchase and the terms and conditions thereof and finds it to be an advantageous one for the City; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Offer to Purchase presented to the City of Dubuque, Iowa by the Chicago and North Western Transportation Company for the City's purchase of certain areas of abandoned right-of-way by said Transportation Company, for the total )urchase price of $30,000.00 with down payment of $3,000.0~, be and the same is hereby approved, copy of said Offer to Purchase with map attached, is hereto attached and by reference made a part hereof. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said Offer to Purchase for and on behalf of the City of Dubuque, Iowa, Section 3. That the City Treasurer be and he is hereby authorized and directed to prepare check in the amount of $3,000.00 as earnest money payable to the Chicago and North Western Transportation Company to accompany the Offer to Purchase of said real estate. 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 submitting response to petition for diverter at intersection of Kniest Street and Lincoln Ave., and recom- mending denial of petition, presented and read. Wayne Petesch, Marg. Ludwig, and De] Loney, all of Kniest Street, r~- quested Council take action to alleviate speeding hazards at this in- tersection. Council Member Deich moved that Special Session, August 16, 1982 323 the communication be received and filed and that Staff be instructed to construct a four-way stop at the Kniest Street and Lincoln Ave. in- tersection. Seconded by Council Member Kronfeldt. Carried by the fo[lowing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner Kronfeldt. Nays--Council Members Beurskens Klauer. Communication of City Manager submitting an Ordinance deleting ob- solete City requirements regarding poolhail operations, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel Kluesner, Kronfeldt. Nays--Council Member Klauer. ORDINANCE NO. 45-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REPEALING SECTIONS 6-17, 6-18, 6-20, 6-22 AND 6-29 THEREOF AND BY ENACTING A NEW SECTION 6-29 IN LIEU THEREOF PRO- VIDING FOR LICENSING OF BILLIARD AND POOL HALLS presented and read. Council Member Kronfeldt move~ that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. ORDINANCE NO. 45-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 6-17. 6-18. 6-19, 6-20, 6-22 AND 6-29 THEREOF AND BY ENACTING A NEW SECTION 6-29 IN LIEU THEREOF PROVIDING FOR LICENSING BILLIARD AND POOL HALLS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Sections 6-17, 6-18, 6-19, 6-20, 6-22 and 6-29 thereof and enacting a new Section 6-29 in lieu thereof as follows: DIVISION 2. LICENSE "See. 6-29. Required. No billiard and pool hall shall be established or conducted within the City without there f'~rst having been procured from the City Manager a license for that purpose." PASSED, APPROVED AND ADOPTED this 16th day of August, 1982. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 20th day of August, 1982. Mary A. Davis City Clerk It 8/20 Council Member Kronfeldt moved final adoption oI the Ordinance. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Communication of City Manager submitting Ordinance which prescribes cable rates for radio and TV Services, 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--Mayer Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 46-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA, BY REPEALING SECTION 36-183(i)11) AND ENACTING A NEW SECTION 36-183(i)(1) PROVIDING FOR SUBSCRIBER CHARGES AND 324 RADIO AND TV SALES AND SER- VICE, 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- bets Beurskens, Deich, Hammel, Klauer, Klaesner, 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 Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 46-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36- 183(i)(1) AND ENACTING A NEW SECTION 36-183(i)(1) PROVIDING FOR SUBSCRIBER CHARGES FOR RADIO AND TV SALES AND SERVICE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 36- 183(i)(1) thereof and enacting a new Section 36-183(i)(1) in lieu thereof as follows: "(i) Commercial Unit; (1) Radio and TV Sales and Service For Each Establishment; Installation Charge - Time and Materials Modified Basic Service including one (1) outlet and one (1) nonaddressable converter Seven dollars and twenty-five cents ($7.25) User may add as many additional outlets as needed using their equip- ment; providing, however, such equipment shall be cable compatible and shall not create interference to the cable system or its subscribers. PASSED, APPROVED AND ADOPTED THIS 16th day of August, 1982. James E. Brady, Mayor Special Session, August 16, 1982 ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of August, 1982. Mary A. Davis City Clerk It 8/20 Council Member Kronfeldt moved final adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Klaesner, Kronfeldt. Nays--None. Communication of Planning and Zoning approving final plat of Charlie's Place located north of Cedar Cross Road and southeast of Cedar Lake Addition, 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, Hammel, Klauer, Kfuesner, Kronfeldt. Nays--None. RESOLUTION NO. 236-82 Resolution Approving Plat of Lot 1 and Lot 2 of "Charlie's Place" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of Lot I and Lot 2 of "Charlie's Place" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- ing Commission on the condition that an approved common access drive be constructed on existing Easement "D" to a minimum width of 24 feet either prior to any further plattfug of Lot I or prior to the issuance of any further building permits for Lot i or in conjunction with Cedar Cross Road improvements; and WHEREAS, said plat has been amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and Special Session, August 16, 1982 325 WHEREAS, the City Council con- curs in the condition of approval established by the City Planning and Zoning Commission; WHEREAS, the City is unable at this time to determine the impact on the property from the proposed Cedar Cross Road improvements. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above.described plat be and the same is hereby approv- ed and the Mayor and Clerk be and are hereby authorized and directed to dorse the approval of the City of Dubu- que upon said plat, provided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: a) An approved common access drive will be constructed on Easement "D" to a minimum width of 24 feet prior to any further platting of Lot 1, or prior to the issuance of any further building permits for Lot 1, or in conjunction with Cedar Cross Road improvements. Section 2. That in the event the owner fails to execute the Acceptance provided for in Section 1 herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 16th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 230-82 We, the undersigned Charles R. Skemp and Gloria M. Skemp having read the terms and conditions of the foregoing Resolution No. 230-82 and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 19th day of August, 1982. By Charles R. Skemp By Gloria M. Skemp Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--M~yor Brady, Council Mere- bers Beurskens, Deich, Hummel, Klauer, Klaesner, Kronfeldt. Nays--None. RESOLUTION NO. 231-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Newt Marine Boat Store let and Water St. Passed, adopted and approved this 16th day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hummel, Klauer. Klaesner, Kronfeldt. Nays--None. RESOLUTION NO. 232~82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Clair L. Haas 2617 University (Also Sunday Sales) Jerry Lee James 1899 Rockdale (Also Sunday Sales) Shirley Kamentz 36 W. 4th St. Tom H. Wilcox 1604 Central Mary L. Demmer 1445 Central Passed, adopted and approved this 16th day of August, 1982. James E. Brady Mayor 326 Special Session, August 16, 1982 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- bets Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Housing Commissinn of 7-20; Planning and Zen- ing of 8-4; Zoning Board of Adjust- merit, 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- bets Beurskens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of a Notice of Finding of No Significant Effect on the Environment for the project identified as A.Y. McDonald Construction Project, presented and read. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Yvonne Frye in amount $100,614.00 for per- sonal injuries received on or about February 12, 1982; Louis Cornish in amount of $2,000.00 for water damages at 807 Peru Road, presented and read. Council Member Klauer moved that the claims be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Beurskens moved to adjourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved_ Adopted Mayor Council Members ATTEST: City Clerk A982 ~1982 Special Session, August 18, 1982 327 CITY COUNCIL OFFICIAL Special Session, August 18, 1982. Council Met at 7:30 p.m., City Coun- cil Chamber, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich~ Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel Harley F. Stark, Jr. 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 discuss Bargaining Strategy in accordance with Chapter 20 of the State Code of Iowa and ac- ting upon such other business which may properly come before the Council. At 7:37 P.M. Council Member Klauer moved to go into Closed Ses- sion for the purpose to discuss Strategy with Counsel in matters that are presently in litigation. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer Kluesner, Kronfeldt. Nays--None. Absent--Council Member Hammel. COUNCIL RECONVENED IN REGULAR SESSION AT 8:22 P.M. Mayor Brady announced direction had been given to Corporation Counsel regarding pending litigation. At 8:23 P.M. Council Member Beur- skens moved to go into Closed Session to discuss Bargaining Strategy in ac- cordance with Chapter 20 of the Iowa State Code. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None, Absent--Council Member Hammel. COUNCIL RECONVENED IN REGULAR SESSION AT 10:14 P.M. There being no further business, Council Member Klauer moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Hammel. Mary A. Davis City Clerk Approved .1982 Adopted .1982 Mayor Council Members ATTEST: City Clerk 328 Special Session, August 23, 1982 CITY COUNCIL OFFICIAL Special Session, August 23, 1982. Council Met at 7:30 p.m., Auditorium of Public Library. Present--Mayor Brady. Council Members Beurskens, De/ch, 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 conduct a Public Hearing to consider rezoning of pro- perty located on West 32nd St., and acting upon such other business which may properly come before the Council. Proclamation: Sept. 2 thru Nov. 16 as "United Way Campaign Time" received by Gloria Lipper. Council Member Deich 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 folhiwing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to b) the Publisher, of Notice of Publi~ Hearing to consider an Ordinance pro- viding for the correction of Ordinance 5-82, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 47-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE CORRECTION OF OR- DINANCE 5-82 BY REPEALING SAID ORDINANCE AND SUBSTITUTING THIS OR- DINANCE IN LIEU THEREOF, said Ordinance having been presented and read at the Council Meeting of August 2, 1982, presented for final adoption. ORDINANCE NO. 47.82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- lNG FOR THE CORRECTION OF ORDINANCE 5-82 BY REPEAL- ING SAID ORDINANCE AND SUBSTITUTING THIS ORDI- NANCE IN LIEU THEREOF. WHEREAS, by Ordinance No. 5-82 the City Council reclassified certain property from the "R-2 Single-Fmnily Residential District", "R-4 Multiple- Family Residential District", and "R- S Multiple-Family Residential Dis- trict" classifications to the "R-3 Mul- tiple-Family Residential District" classification; and WHEREAS, it has subsequently become known that through an inad- vertent error the legal description used in said Ordinance No. 5-82 was inter- rect; and WHEREAS, the City Planning and Zoning Coxnmission has held a public hearing on this matter and has recom- mended adoption of an ordinance repealing Ordinance No. 5-82 and pro- vlding for the above-described reclas- si//cations of property with a corrected legal description; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own public hearing on this matter; NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That Ordinance No. 5-82 is hereby repealed and that this ordi- nance is substituted in lieu thereof. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-2 Single-Family Residential Dis- trict", "R-4 Multiple-Family Res/den- t/al District". and "R-5 Multiple-Family Residential District" classification to "R-3 Multiple-Family Residential District" classification, to wit: Block IV of Asbury Springs Sub. No. 4 and part of Lot 1 of Lot 1 of Block V in Asbury Srlngs Sub. No. 4 except for the portion commencing at the Northwest Corner, thence east 210 feet to a point, thence south 665 feet to a point, thence west 198 feet to a point, thence north 660 feet to the point of beginning in tlie City of Dubuque, Iowa. Special Session, August 23, 1982 329 PASSED, APPROVED AND ADOPTED this 23rd day of August, James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Teleb~aph Herald newspaper this 27th day of August, 1982. Mary A. Davis City Clerk it 8/27 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, De/ch, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to provide an amendment of Ordinance 4-82, which Ordinance pro- vided for approval of an amended Preliminary Development Plan for Powers Office Project, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De/ch, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. ORDINANCE NO. 48-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE AMENDMENT OF OR- DINANCE 4-82 WHICH OR- DINANCE RECLASSIFIED PRO- PERTY LEGALLY DESCRIBED THERIN FROM "R-5 MULTIPLE FAMILY RESIDENTIAL DISTRICT" TO "OR-1 OFFICE/ RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT," said Ordinance having been presented and read at the Council Meeting of August 2, 1982, presented for final adoption. ORDINANCE NO. 48-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- lNG FOR THE AMENDMENT OF ORDINANCE 4-82 WHICH ORDI- NANCE RECLASSIFIED PROP- ERTY LEGALLY DESCRIBED THEREIN FROM "R-5 MULTI- PLE-FAMILY RESIDENTIAL DISTRICT' to ''OR-1 OFFICE/RESIDENTIAL PLANNED UNIT DEVELOP- MENT DISTRICT". WHEREAS, by Ordinance No. 4-82 the City Council approved the request of Powers Construction Company for reclassification of property legally described therein from the "R-5 Multi- ple-Family District" to the "OR-1 Office/Residential District" subject among other conditions to submission of final development plans in substan- tial conformity with the conditionally approved Preliminary Development Plan; and WHEREAS, Powers Construction Company has now filed an amended Preliminary Development Plan which seeks to modify one of the original conditions of approval by allowing the entire proposed building of up to thirty-two thousand square feet to be used as medical-office space; and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on said amended Preliminary Development Plan pursuant to required published notice and has con- ditionally approved said Plan having found that it conforms to the review standards applicable to such plans; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own public hearing on said amended Preliminary Development Plan pursuant to required published notice and has conditionally approved said Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No, 4-82 be amended by repealing Section 2 thereof and enacting a new Section 2 in lieu thereof, as follows: "Section 2. That the reclassification from 'R-5 Multipis-Family Residential District' to 'OR-1 Planned Unit Devel- opment District' applied to the prop- erty hereinabove described is a tentative reclassification and final adoption of said reclassification is con- tingent upon the following: a. That the developer shall submit for approval in accordance with Sec- t/on 4-110.12 of the Zoning Ordinance of the City of Dubuque, Iowa, final development plans in substantial conformance with the approved 33O Special Session, August 23, 1982 amended Preliminary Development Plan and all conditions or [imitations attached thereto. b. That said final development plans shall be submitted within the time schedule set forth in Section 4- 110.11.3 of the Zoning Ordinance of the City of Dubuque, Iowa, provided that the date of Council action referred to therein shall be the date of Council approval of the amended Preliminary Development Plan and provided further that failure by the developer to comply with the time schedule set forth therein shall cause the tentative reclassification of the property to lapse and the property shall automatically revert to its for- mer 'R-5 Multiple-Family Residential District' classification." PASSED, APPROVED AND ADOPTED this 23rd day of August, 1982. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of August, 1982. Mary A. Davis City Clerk It 8/27 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, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hummel. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to reclassify Block IV and portions of Block V in Asbury Springs Subd. No. 4 from R-3 Multi-Family Residentlkl District to R-2 Single Family Residential District, presented and read. There were no written objections recelved. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hummel. August 19, 1982 Honorable Mayor and Members of the City Council Re: Powers Construction Company Amendment to Correct Legal Description, Preliminary Development Plan Amendment, and Rezoning East of J.F.K. Road between Foothill Road and Fire Station Council Menihar s: The City of Dubuque Planning and Zoning Commission has held a Public Hearing ona request by Powers Con- struction Company for an amendment ~o the Preliminary Development Plan for the OR~I Planned Unit Develop- ment District. They also reviewed an Ordinance correcting the legal descrip- tion of property rezoned to R-3 Residential District by Ordinance No. 5-82 and proposed the same property for rezoning to R-2 Single Family Residential District in conjunction with the development intensity pro- posed in the PUD Amendment. A copy of all three Ordinances were previously distributed at the time the Public Hearing was set. The property is located east of John F. Kennedy Road between Foothill Road and the fire station, as depicted on the attacked vicinity map. The peri- tioner is requesting Item No. 9 of the conditions of approval previously adopted by the Council, be amended to allow a total of 32,000 gross square feet of medical office space on the three acre site. Currently the use is limited to 12,000 square feet of medical office space and 20,000 square feet of general office space. Rezoning the adjourning eight and on,-half acres from R-3 to R-2 is bein~g propos- ed as a means to balance the potential traffic generation coming from the Powers' site and to maintain a desirable level of service within the Kennedy Road corridor. At the Public Hearing, the represen- tative for the applicant spoke in favor of the amended Prelhninary Develop- ment Plan. He noted the project is economically feasible with 32,000 square feet of medical office space, due to the construction costs and currrent market demands. Powers' represen- tative also voiced opposition to the rezoning of the remaining 8.5 acres from R-3 Multi-Family District to R-2 Single Family District. City staff voic- ed concerns that allowing the intensity of development as requested by the ap- pllcant would be in conffict with traffic studies for the corridor and past policy on limiting development so as not to place a burden on the carrying capaci- ty of Kennedy Road. In their review of the matter, the Special Session, August 23, 1982 331 Conunission found the preliminary development plan with the amended conditions of approval, to be in confor- mance with the review standards for Planned Unit Developments. They noted the increased traffic generation potential from the additional medical office space could be balanced to some degree by rezoning the adjoining eight and one-half (8.5) acres from R-3 Multi- Family use to R-2 Single Family use. This would not limit the Commission and Council from future negotiations with the applicant on the eight and one-half (8.5) acres. However. it would provide a mechanism for the City to control the future impact on the Ken- nedy Road corridor. Therefore, by a vote of 5-0, the Plan- ning and Zoning Commission has ap- proved the Ordinance correcting an er- for in the legal description in Or- dinance No. 5-82. By a 5-0-1 vote, they also approved the preliminary develop- ment plan subject to the conditions set forth in the attached addendum and have approved the reclassification from R-3 to R-2 Single Family Residen- tial District. They recommend your favorable consideration of these mat- ters. Respectfully submitted, CITY PLANNING AND ~ONING COMMISSION Edward Rosenow, Secretary ADDENDUM TO PLANNING AND ZONING COMMISSION RECOMMENDATION CONDITIONS OF APPROVAL POWERS CONSTRUCTION CO. PRELIMINARY DEVELOPMENT PLAN August 18, 1982 On August 18, 1982, the City Plann- lng and Zoning Commission approved the preliminary development plan sub- mitted by Powers Construction Co. for an OR-1 Planned Unit Development subject to the following conditions: 1. The curb opening onto J.F.K. Road be located in alignment with the first drive aisle north of the proposed building as approved by the City Engineer. 2. A stop sign is to be located at the intersection of the J.F.K. entrance drive lane and the frontage drive aisle connecting the two parking areas on the site. 3. Detailed landscaping plans, site signage and fighting are to be submit- ted with the final development plan. 4. Signage limited to one free stand- lng sign. 5. Traffic circulation, parking layout and construction wlil be subject to Ci- ty standards, site plan review and final development plan review. 6. An additional screened trash receptacle is to be included in the south parking lot. 7. A sidewalk is to be constructed on Foothill Road as per City re- quirements. 8. All utility locations will he located underground. 9. The use will lie limited to 32,000 square feet of medical office space. Council Member Beurskens moved that the communication be received and filad. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluenser, Kronfeldt. Nays--None. Abstain--Council Member Hummel. Jay Powers, owner of property being discussed, objected to down grade zon- ing of area involved. An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa by reclassifying Block IV and a portion of Block V in Asbury Springs Subd. No. 4 from R-3 Multi-Family Residential District to R-2 Single Family Residential District, said Ordinance having been previously presented and read at the Council Meeting of August 2, 1982, presented for final adoption. Council Member Beurskens moved that they NOT Adopt the Ordinance and maintain the existing Ordinance. Seconded by Council Member Kronfeldt, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hummel. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to reclassify property on West 32nd Street from an R-3 Multi- Family Residential District Classifica- tion to C-2 Local Service Commercial District Classification, presented and read. No written objections were received prior to the public hearing. Robert FondelL 3113 Lemon and Robert Reding, 3110 Lemon St., ob- 332 Special Session, August 23, 1982 jected to the rezoning as proposed. Peter Takes, on behalf of Goliath, Inc., spoke in favor of the rezoning. Council Member Hammel moved to receive and file the proof of Publica- tion. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich. An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Dubuque by reclassifying "Lot 27 of G.R. West's Dubuque in the City" located on West 32nd St. from R-3 Multi-Fa~nily Residential District to C-2 Local Service Commercial District Classification, said Ordinance having been previously presented and read at the Council Meeting of August 2. 1982, presented for final adoption. Council Member Deich moved to deny the rezoning. MOTION DIED FOR LACK OF A SECOND. ORDINANCE NO. 49-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR. DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING "LOT 27 OF G.R. WEST'S DUBUQUE IN THE CITY OF DUBUQUE, IOWA" ON WEST 32ND STREET FROM R-3 MULTI-FAMILY RESIDENTIAL DISTRICT CLASSIFICATION TO C-2 LOCAL SERVICE DISTRICT CLASSIFICATION, said Ordinance having been presented and read at the Council Meeting of August 2, 1982, presented for final adoption. ORDINANCE NO. 49-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, 10WA. BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY ON WEST 32ND STREET FROM R-3 MULTI-FAM- ILY RESIDENTIAL DISTRICT CLASSIFICATION TO C-2 LOCAL SERVICE COMMERCIAL DIS- TRICT CLASSIFICT1ON. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa', to reclas,~ify hereinafter described property from "R-3 Multi-Family ReSidential Dis- trict'' classification to "C-2 Local Set- vice Commercial District" classification, to wit: Lot 27 of G,R. West's Dubuque in the City of Dubuque, lowa. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 23rd day of August, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 27th day of August. 1982. Mary A. Davis It 8/27 City Clerk Council Member Hanunel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich. Petition of A1 Engling, et al, (ap- prox. 171 signers) requesting to ad- dress the Council relative to elimina- tion of buses to the John Deers Plant. presented and read. Mr. Engllng spoke to the petition re- questing Council keep busing to the John Deere Plant, setting out specifics of the profitability of the run for first- shift employees, and the need for such a City service. Council Member Hammel moved to receive and file the petition, with sug- gestions to be taken to the Transit Bal. and brought back to the City Council, and do not cease first shift busing to Deere Plant until after meeting with the Transit Bd. Seconded by Council Member Beurskens. Carried by the Special Session, August 23, 1982 333 following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Loan Agreement and Security Agreement with A.Y. McDonald Co. (UDAG) and requesting approval, 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. 233-82 A Resolution Approving a Loan Agreement and a Security Agreement, Providing for the Loan of Urban Development Action Grant Funds to the A.Y, McDonald Mfg. Co. WHEREAS, the City of Dubuque, Iowa and the U.S. Department of Housing and Urban Development have heretofore entered into a Grant Agreement for an Urban Development Action Grant, the proceeds of which are to be loaned to the A.Y. McDonald Mfg. Co. for its relocation project, and WHEREAS, the UDAG Grant Agreement requires the City of Dubu- que, Iowa, as reciplent, and the A.Y. McDonald Mfg. Co., as the developer, to enter into a Loan Agreement pro- vlding for terms for the loan of UDAG funds to the developer and to set forth such other provisions as are required of the developer under the Grant Agreement; and WHEREAS, the A.Y. McDonald Mfg. Co. has transmitted such Loan Agreement and General Conditions and accompanied by a Security Agree- ment ss heretofore executed by them, with a request that they be approved by the City Council of the City of Dubuque, Iowa; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Loan Agreement and General Conditions, and its at- taehed Security Agreement and in- cluding the Schedule of Secured Equipment, as hereto attached, are hereby approved Section 2. That the Mayor and City Clerk are hereby authorized and directed to endorse the acceptance of the C~ty of Dubuque, Iowa upon the aforesaid Loan Agreement and General Conditions; and to endorse the acceptance of the City of Dubuque, Iowa upon the Security Agreement. Section 3. That the Department of Housing and Urban Development be requested to approve such modifica- tion of the form of Evidentiary Materials, included as Exhibit E of the Grant Agreement, and of such other Exhibits as are attached to Grant Agreement appearing as Appendix "A" in the Loan Agreement heretofore cited. Passed, adopted and approved this 23rd day of August, 1982. 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, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing approval of consultant ex- penses for FDL Foods UDAG Project, presented and read. A1 Pnisean, 3515 Crescent Ridge, ob- jected to consideration for more con- sultants. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- ber Klauer. RESOLUTION NO. 234-82 A Resolution Authorizing the City Manager to Enter Into Agreements for Consultant Services in the Matter of the FDL Foods, Inc. Urban Development Action Grant Project WHEREAS, the City of Dubuque, Iowa has filed an application for Ur- ban Development Action Grant assistance with the Department of Housing and Urban Development, for the purpose of providing financial 334 Special Session, August 23, 1982 assistance to FDL Foods Inc. in its ac- quisition and operation of the Dubu- quo Packing Company property; and WHEREAS, the Department of Housing and Urban Development has advised of its needs for additional documentation and substantiation of elements of the proposed transactions; and WHEREAS, the City Manager has recommended agreements with three consultants to provide necessary ser- vices and documentation; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the City Manager is hereby authorized to negotiate and ac- copt on behalf of the City of Dubuque, Iowa agreements and consultant sew vices with Iowa Appraisal & Research Corporation and S.M. Dix and Associates, and Development Plann- lng and Research Associates, for sew vices he may determine to be necessary and appropriate in support of the City of Dubuque Urban Develop- ment Action Grant applicatio~ Section 2. That the City Manager is authorized to enter into such agreements at a total cost not to ex- ceed $$8,000, and providing for direct city expense not to exceed $24,000, and he is further authorized to obtain such participation agreements from the East Central Intergovernmental Association and from others as may be available to assist in the project. Passed, adopted and approved this 23rd day of August, 1982. 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. An Ordinance of the City of Dubu quo, Iowa, Amending the Code of Or- dinances of said City by adding a new Chapter to said Code, to be known and entitled as Chapter 13V~, Endorsement of Activities conducted by For Profit Organizations, presented and read. Council Member Beurskens moved that the reading just had be con- sldered the first reading of the Or- dinance; that the rule requiring' an O~ dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with; and final adoption of the Or- tinance. Seconded by Council Member' Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Beurckens, Dalch. Nays--Council Members Hammel, Klauer, Khiesner. Abstain--Council Member Kronfeldt. MOTION FAILED. Ordinance void and.mute due to lack of majority of vote. RESOLUTION NO. 235-82 WHEREAS. Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; 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 ~o be issued to the following named ap- plicants a Beer Perniit. CLASS "C" BEER PERMIT Randall's International, Inc. 3500 Dodge St. (Also Sunday Sales) Passed, adopted and approved this 23rd day of August, 1982.' James E. Brady Mayor ATTEST: Mary A. Davis' City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klauer, ghiesner, Kronfeldt. Nays--None. ~ RESOLUTION NO. 236-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same Special Session, August 23, 1982 335 have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE J.R. Bainbridge 1375 Locust Carthew, Inc. 504 Bluff Melvin Spiegelhalter 1029V2 Main (Sunday Sales Only) Hiatt and Schroeder Tap, Inc. 2401 Windsor ISunday Sales Only) Robert R. & Patrick C. Gross 1700 Central (Also Sunday Sales) Zella E. Mangeno 1322 Central Passed, adopted and approved this 23rd day of August, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Ha~nmel Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Cabh Regulatory Comm. of 8-1, presented and read. Council Member Hammel moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich. Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Minutes of Carnegie Stout Public Library of 7-20, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Hmn- mel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich Hammel £ Klauer, Kluesner. Nays--Council Member Kronfeldt. Council Member Kronfeldt further moved that Section V "City Govern- ment'' and Section VI "Friends of the Library" contained in Carnegie Stout Public Library Trustee Policies adopted July 20, 1982, which were at- tached to Library Minutes of July 20, 1982, be referred to the Corporation Counsel for proper and legal clarifica- tion. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None, Notice of Appeal from Fischer In- vestment Co. appealing Condemnation Award made by Coxnpensation Com- mission of July 16, 1982, presented and read. Council Member Hammel moved that the appeal be referred to the Cor- poration Counsel for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammdi, Klauer, Kluesner, Kronfeldt, Nays--None. Communication of Corporation Counsel recommending settlement of personal injury claim of Mrs. Donald )Bernice) Beresford in the amount of $2,343.50, presented and read. Council Member Hammel moved that the settlement be approved, and Finance Director to issue proper check. Seconded by Council Member Klnuer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kiauer, Kluesner. Kronfeldt. Nays--None. Communication of Corporation Counsel recommending denials of the following claims', auto damage claim of Ronald J. Christenson; motor vehicle damages by Colleen Finn; auto damage claim of Rite Johnson; backed-up sewer damages of Don D. Junk, presented and read. Council Member Hammel moved that the denials be approved. Second- ed by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 336 Special Session, August 23, 1982 Conmmnication of Army Corps of Engineers advising of Public Hearing to be held on September 15th at the Julien Motor Inn regarding work in conjunction with the construction of wing dike and construction of closing dike on the left descending bank of the Mississippi River near Cassville, WI, presented and read. Council Member Itammel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Notice of Army Corps of Engineers advising of proposal to authorize in- dividual activities under a general per- mit for the construction of boat docks on the Mississippi River, presented and read. Council Member Hammel moved that the Notice 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 July, 1982, presented and read. Council Member Hammel 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, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. A1 Polsean, 3515 Crescent Ridge, ob- jected to zoning nmtters and heavy truck traffic. Jay Powers expressed appreciation for consideration given by council. There being no further business, Council Member Beurskens moved to adjourn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme! Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved__ Adopted 1982 1982 Mayor Council Members ATTEST: City Clerk Regular Session, September 6, 1982 CITY COUNCIL OFFICIAL Regular Session, September 6, 1982. Council Met at 7:30 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 1982 Adopted 1982 Mayor Council Members ATTEST: City Clerk 337