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1988 February Council ProceedingsRegular Session CITY COUNCIL OFFICIAL Regular Session, February 1, 1988 Council Met at 7:30 O'Clock p.m. at the Public Library Auditorium. Prosent--Canncfl Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg, City Manager W. 'Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent at roll call--Mayor Brady. Mayor Pm-Tern Krieg road the call and stated this is the REGULAR MONTH- LY MEETING of the City Council call- ed for the purpose to act upon such business which may properly come beforo the Council. Invocation was given by Rev. Kurt Pasko, Chaplain of the University of Dubuque* Community Development Director Jim Burke introduced staff members from various divisions under his direction. Mayor Brady entered the Chambers at 7:42 PROCLAMATIONS: Feb. 2 as "Turn Around qhesday" in Dubuque received by Rfc Jones and Waiter Pregler; Feb. 7-13 as "Catholic Schools Week" received by Mary Lou Mauss; Feb. 14 as: "World Marriage Day" received by Dan & Kim Roimer; Feb. 14 as: "Loyal Order of Moose Day" received by Frank & Kim Pamdiso; Feb. 15-21 as: "Life Insurance Week" received by Jim McMahon; March 20-26 as: "Square Dance Week" received by Don & Charlene Nanman. Proof of publication, certified to by the Publisher, on Notice of Public Heating to consider the Section 9 Program of Pro- jects consisting of an emergency Capital Assistance Application to aid in the cost of romoving two 14,000 gallon diesel fuel tanks, aud contaminated soil in the put- chase and installation of one 15,000 gallon tank (for Keyline), presented and read. Thero were no written objections received and no oral objectors present at the time of the Hearing. February 1, 1988 30 Coundl Member Kluesner moved that the proof of publication be roceived and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich; Kluesnar, Krieg, Pratt, Simon, Voetberg. Nays--None* Council Member Kluesner moved to suspend the rules to allow anyone pro- sent to address the Council. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing, to consider reclassification of property located in the Second Street Ice Harbor Aroa from HI to CR District, presented and read. There were no written objec- tions roceived and no oral objectors pre- sent at the time of the Hearing, Council Member Pratt moved that the proof of publication be roceived and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None* ORDINANCE NO. 5-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOE ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY IN THE SECOND STREET ICE HARBOR AREA FROM HI HEAVY INDUSTRIAL DISTRICT TO CR COMMERCIAL RECREATION DISTRICT, said O~ dinance having been presented and read at the Council Meeting of January 18, 1988, prosented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 54]8 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING 31 Regular Session February 1, 1988 THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPEN- DIX A THEREOE ALSO KNOWN AS THE !'ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSI- FYING HEREINAFTER DESCRIB- ED PROPERTY IN THE SECOND STREET ICE HARBOR AREA FROM HI HEAVY INDUSTRIAL DISTRICT ~ !pR ~COMMERCIAL RECREATION DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Ccde of Ordinances of the City of Dubuque, Iowa be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to reclassifty hereinafter described property from "HI Heavy Industrial District" classification to "CR Comme~ cini Recreation District" classification to wit: Lot 3, except the easterly 67.59 feet thereof, the westerly 120 feet of Lot 2, and Lot 4, all of the Sub of Lot 1 through 21 in Block E and Lots 1 through 14 in Block D in Booth's Ad- dition, also vacated Market Street port,on of the Inner Levee adjoining Lot 4 and the westerly 120 feet of Lot 2 of the Sub of Lot 1 through 21 in Block E and Lots i through 14 in Block D in Booth's Addition, also vacated Market Street; A strip of ground twenty-eight feet wide, com- mencing on the South side of Third Street, at a point adjoining and im- mediately East of the right of way, fourteen-feet wide and extending thence southerly to the south proper- ty line of Second Street; All that part of the hundred foot strip lying southerly of Third Street, and extending to the southerly line of Block "D" extended and easterly of the right of way formerly granted to the said Chicago, Burlington & No~ them Railroad Company; and a strip Of land one hundred and thirty-eight feet in width adjacent to and on the easterly side of the strip of land formerly granted to tho said Chicag~ Burlington & Northern Railroad Company, and extending from the southerly line of Block "D" in Booth's Addition extended westerly to the santheHy line of Second Street extended easterly; and the adjoining right of way to the center line of E asr Third Street, all in the City of Dubu- que, Iowa Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of February, 1988. Mary A. Davis City Clerk It 2/5 Council Member Pratt moved final adoption of the Ordinancg Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ktieg, Pratt, Simon, Voetberg. Nays-- None. Prcof of publication, certified to by the Publisher, on Notice of Public Hearing to consider deeding property to the IA DOT, presented wad read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof be received and filed. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 27-88 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Regular Sessio..___.~n,r..______February 1, 198_~8 3--2 Iowa on the 25th day of January, 1968, ~ember Kluesner moved at 7:30 p.m. in the Public Librar ~ adoption of the Resolution. Secondedby Auditorium, 1 lth and Locust Streets Council Member Simon. Carried by the Dubuque, Dubuque County, Iowa to con- sider the disposition of City owned pro- perty to the Iowa Department of Trans. portation for Freeway 561/Ralocated 61 project, this property identified as: Ali that part of Lot 8 in Section 19 in: Township 89 North, Range 3 East of the 5th EM., lying west of the westerly line of Pine Street extended, and north of the i northerly line of Eighth Street, extend- ed until said extended lines intersect each other to Iowa Department of Transportatian; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest in the City of Dubuque, Iowa in the hereinabove described real estate to Iowa Depart- ment of Transportation. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the disposal of interest in the City of Dubuque, Dubuque Coun- ty, Io~va in the above described real estate to Iowa Department of Transpor- tation be and the same is hereby approv- ed and the Mayor be authorized and directed to execute relevant legal documents with the Iowa Department of Transportation. Section 2. That all existing easements of records shall remain in effect or be subject to relocations outlined in project agreement identified as IDOT #73-P-024 and considered a part hereof. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor. Du- buque County Recorder, and Dubuque County Treasurer. Passed, approved and adopted this let day of February, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None Proof of publication, certified to by the Publisher, on Notice of Public Hearing to dispose of property to IA DOT for the Relocated 61 Project, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication bo received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nona RESOLUTION NO. 28.88 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on the 25th day of January, 1988, at 7:30 p.m. in the Public Library Auditorium, llth and Locust Streets, Dubuque, Dubuque County, Iowa to con- sider the proposal for the disposition of City owned property and also granting temporary easement of real estate described as: Acquisition of following property: Part Lot 7 of part Lot 8 of Rowan's Subdivision of Mineral Lot 36, Lot 3 of Mt. Carmel Subdivision; Lot 1 of Lot 1 of Lot I of Sears and Roebuck Co. Sub- division No. 2; Lot 4 of Lot 1, Lot 5 of Lot 1 of Randail's Subdivision; Lot 14 of Levi's Subdivision; Lot 2 of Lot 229 and Lot 4 of Lot 229 in Union Addition; South 40 feet of Lot 2 of Stant's Du- buque; and Lot 2 of Lot 3 of Newman, Cooper and' Smyth's Subdivision; all in the City of Dubuque, Iowa; and Temporary easement on the following properties: 33 Regular Session February 1, 1988 From Sta. 12 + 35 to 12 + 80, a strip 23 ± ExR/W to 68 ± PL feet, wide, East side From Sra. 12+80 to 13+65, a strip 68 ± PL to 76 ± PL feet wide, East side From Sta. 13 + 65 to 14 + 00, a strip 76 ± PL to 25 feet wide, East side From Sra. 14 + 00 to 15 + 95 ± R/W, a strip 25 to 30 feet wide, East side From Sra. 14+00 to 15 + 95R/W, all land, west side, as measured from the centerline of Mt. Carmel Road. From Sta. 15 +44± PL to 16+00, a strip 45 to 34 feet wide, North side From Sta. 16 + 00 to 17 + 32 ± PL, a strip 34 to 74 feet wide, North side From Sra. 16 + 00 to 17 + 32 ± PL, ail land, South side, as measured from the centerline of Valley Street extension. From Sra. ll+75±PL to 12 + 75 ± PL, a strip 65 to 40 feet wide, West side, as measured from the centerline of Southern Avenue to Iowa Department of Transporta- tion; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest and gran- ting of temporary easement in the here- inabo,ie described reai estate to Iowa Department of Transportation. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest and granting of temporary easement of the City of Dubuque, Dubuque County, Iowa in the property described herein above reai estate to the Iowa Depart- ment of Transportation be and the same is hereby approved and in consideration of mutual benefits of both parties and the Mayor be authorized and directed to execute legal documents with the Iowa Department of Transportation. Section 2. That ail existing easements of records shall remain in effect or be subject to relocation as outlined in pro- ject agreement identified as IDOT #73~P-024 and considered a part hereof. Section 3. That the City Clerk be and is herby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Du- buque County Recorder, and Dubuque County Treasurer. Pagsed, approved and adopted this 1st day of February, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krleg, Pratt, Simon, Voetberg. Nays-- None. Communication of Planning and Zon- ing Commission advising of their ap- provai to amend Zoning Ordinance to allow Business Services, excluding Sign Painting, as permitted uses in C-2 District, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Vcotberg. Nays--None. AN ORDINANCE Amending Appen- (iix A of the Code of Ordinances by enac- ting a new Section 3-3.2B(43) of the C-2 Neighborhood Shopping Center District to allow Business Services, excluding Sign Painting, as a Principal permitted Use in C-2 Districts, presented and read. Council Member Kluesner moved that this be considered the first reading on- ly of the Ordinance and that it be set for Public Hearing on February 15, 1988 at 7:30 p.m. in the Public Library Audi- torium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Jeld-Wen, Inc. requesting execution _ ._Regular Session. of Memorandum of Agreement in con- junction with issuance of Industrial Revenue Bond in amount not to exceed $8,000,000.00, presented and read. Council Member Kluoaner moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kinesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION No. 29-88 A Resolution authorizing the execu- tion of a Memorandum of Agreement with JELD-WEN, WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipaiity authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1987, as amended (the '~ct"), to issue revenue bonds for the purpose of financing the cost of acqdi~ lng, by construction of purchase, land, bufldinge, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacuring, pmceesing or assembling of any;agriculturai or manufactured pro- ducts or of any commerciai enterprise engaged in storing, warehousing or distributing products of agriculture, mining of industry, or of a national, regional of divisionai headquarters facil- ity of a company that does multistate business; and WHEREAS, the Issuer has been re- quested by JELD-WEN, in~ (the "Com- party") to issue its revenue bonds pur~ suant to the Act for the purpose of finan- cing the acquisition and installation of equipment and improvements for the Company's existing manufacturing facilities located at 250 East 8th Street, Dubuque, Iowa, and 300 East 9th Street, Dubuque, Iowa (the "Project"); and WHEREAS, a Memorandum of Agreement in the form and with the con- tents set. forth in Exhibit A attached beret~:~ has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; ~ 1, 1988 34 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 con- tents set forth in Exhibit A attached hereto be and the same is hereby apprev- ed and the Mayor is hereby authorized to execute said Memorandum of Agree- ment and the Clerk is hereby anthoriz- ed to attest the same and to affix the seai of the Issuer theret~ said Memo- randum of Agreement which consti- tutes and is hereby made a part of this Resolution to be in substantiaily the form, text and containing the provi- sions set forth in Exhibit A attached hereto. Section 2. Officiais of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memoran- dum of Agreement. Section 3. All resolutions and parts thereof in conflict herewith are hereby repeaied to the extent of such conflict. Passed, approved and adopted this 1st day of February, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Communication of City Manager sub- mitring Resolution to provide temporary use fee changes contained in the Zoning Ordinance, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetborg. Nays--None. 35 Regular Session February 1, 1988 RESOLUTION NO. 30.88 A RESOLUTION OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT "SCHEDULE A, PLANNIN(] AND ZONING FEES" ESTAB- LISHING APPLICATION FEES AS PROVIDED IN THE ZONING ORDINANCE, BE AMENDED BY REPEALING RESOLUTION 73-85 ADOPTING AN OFFICIAL SCHEDULE OF PLANNING AND ZONING FEES, AND ENACTING A NEW "SCHEDULE A PLAN- NING AND ZONING FEES", IN LIEU THEREOF, AND PROVI- DING FOR THE ESTABLISH- MENT OF A NEW FEE FOR TEMPORARY USE PERMITS. WHEREAS, the city of Dubuque, Iowa charges cert~n fees for the process. lng of applications pursuant to the Zon- ing Ordinance and Subdivision Regula- tions; and WHEREAS, the City Council has determined that the specific amount of such fees should be set by Resolution and WHEREAS, the City of Dubuque, Iowa, has adopted a Zoning Ordinance requiring an official schedule of planning and zoning fees. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. To repeal Resolution 73-85 and enact the attached "Schedule A, Planning and Zoning Fees" in accor- dance with the Zoning Ordinance, with the establishraent of a new Temporary Use Permit fee, as follows: C. Temporary Use Permit 1. One to four days ....... $25.00 2. Five to fourteen days... $40.00 3. Fifteen to one-hundred and eight days ................. $75.00 Section 2. That the City Clerk be and is hereby authorized and directed to publish a complete copy of this Resolu- tion establishing a new "Schedule A. Planning and Zoning Fees" including the new Temporary Use Feg Section 3. That the new schedule of fees adopted by this Resolution shall be in effect after passage, approval and publication of this Resolution. Passed, approved and adopted this 1st day of Februar:~ 1988. James E. Brady Mayor ATTE Sq!. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriog, Pratt, Simon, Voetberg. Nays-- None. Communication of Corporation Counsel Lindahl submitting Ordinance, as directed, pertaining to Method of Voting on Ordinances, Resolutions and Motions, and presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Klueaner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 6-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 2-41(f) THEREOF RELATING TO THE METHOD OF VOTING ON OR- DINANCES, RESOLUTIONS AND MOTIONS AND BY ADOPTING THE FOLLOWING NEW SECTION 2-41ff) RELATING TO THE METHOD OF VOTING ON ORDINANCES, RESOLUTIONS AND MOTIONS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 6-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY RE- PEALING SECTION 2-41(f) THERE- OF RELATING TO THE METHOD ._._Regular Session, METHOD OF VOTING ON ORDINANCES, RESOLUTION~ AND MOTIONS AND BY ADOP- TING THE FOLLOWING NEW SEC- TION 2-41(f) RELATING TO THE METHOD OF VOTING ON ORDI- NANCES, RESOLUTIONS AND MOTIONS. NOW, THEREFORE, BE IT O~ DAINED BY THE CITY COUNCIL OFTHECITYOFDUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by repealing Section 2-41(f), Method of Voting. Section 2. That the Code of ( of the City of Dubuque, Iowa be amend- ed by adopting the following new Sec- tion 2-41(fl, Method of Voting. Sec. 2-41(f). Method of Voting. When any vote is called each council member shall respond "yes (aye)", "no(nay), or "abstain". An abstention vote shall be considered as a vote with the prevailing side. Passed, approved and adopted this 1st day of February, 1988. Janms E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of February, 1988. Mary A. Davis City Clerk It 2/5 Council Member Krieg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinanca Seconded by Council member Kluesner. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Petition of Council Member Krieg re- February 1, 1988 36 questing discussion regarding "Cutting into City Streets", presented and read. Council Member Krieg moved that the ~ceived and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner. Krleg, Pratt, Simon, Voetberg. Nays-- Nolle. Communication of Corporation Counsel recommending no changes in our ordinance regarding excavatinge in City Streets by utilities companies, d read. Council Member Krieg moved that the communcation be received and filed. Seconded by Council Member Sin~on. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 31-8 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law rciating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigaret- tee and Cigarette Papers within said City. James E. Bauer Jerry's Tap 431 Rhomberg Ave. B & M Convenient Marts, Inc. Oky Doky gq 3301 Pennsylvania Roger H. Kunde Gomers 1105 University Ave. Passed, approved and adopted this 1st day of February, 1988. James E. Brady Mayor ATTESZ Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon, Carried by the following vote: Yeas--Mayor Brady, Council members Deich, Kluesner. Krleg, Pratt, Simon, Voetberg. Nays-- Nong 37 Regular Session February 1, 1988 RESOLUTION NO. 32-88 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council Ior approval and the same have been examined and approved; and WHEREAS, The premises to bo oc~ cupled by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; NOW THEREFORE BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Pizza Hut 2075 J.F.K. IAlso Sunday Saies~ Class "C" BEER PERMIT B & M Convenient Marts, Inc. ely Doky # 7 3301 Pennsylvania (Also Sunday Sales) Robert A. Mehrl Milk House 2311 Windsor Ave. (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe 3200 Central (Also Sunday Sales) Iowa Oil Company IOCO Speede Shoppe I481 Dodge St. (Also Sunday Sales) Lee Wayne Potter, Sr. West Locust Mart 408 West Locust (Also Sunday Sales) Mary Ann Whalan Graadview Milk House 620 S. Grandview (Also Sunday Sales) Passed, approved and adopted this 1st day of February, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None· RESOLUTION NO. 33-88 WHEREAS. Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the State law and ail City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License· CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James W. Goetzinger Goetz's 2776 Jackson St. (Also Sunday Sales) Schroby's, Inc. Schroby's 1121 University Passed, approved and adopted this 1st day of February, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt. Simon, Voetberg. Nays-- Nong Printed Council Proceedings for the months of August and September, 1987, ~resented for Council approval. Council Member Deich moved that the proceed- ings be approved as printed. Seconded .__Regular Session, by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner Krieg, Pratt, Simon, Voetberg, Nays-- None. MINUTES SUBMITTED: Airport Comm. of 1-19; Electrical Examining Board of 1-12; Historic Preservation Corem. of 1-12; Park & Recreatio~ Comm. of 1-12; Plumbing Bd. of 1-19 Planning ~md Zoning of 1-12, presented and read. Council member Deich moved that the minutes be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeae--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetherg. Nays-- None. MINUTES OF Cable TV Regulatory Commission of 1-20 & Transit Bd. sub- mitting 2nd Quarter Earnings State- ment & Statistics, presented and read Council Member Krieg moved that the minutes and report be received and fil- ed. Seconded by Council Member Simon Carried by the following vote: Yeas-- Mayor, Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Naye--None. NOTICES OF CLAIMS AND SUITS: Allied Mutual Insurance Com- pany advising of seeking damages recovering on behalf of their client Merle Mathis; Interstate Power Co. in amount of $498.60 for property damages; Virginia Lyons in unknown amount for personal injuries; Wendy Moriarlty in amount of $36.46 for car damages; Lori Neuhans in estimated amount of $12.48 for car damages; Charles Quinlan in unknown amount for personal injuries; John Knopf in est. amount of $275.99 for car damages, presented and read. Council Member Deich moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays--Non~ Communications of Corporations of February 1, 1988 38 Counsel recommending denial of car damage claim of Wendy Moriarity; and Closures of Worker's Compensation claim of St. Paul Fire & Marine In- surance Ca for James Sink; Car damage claim of Michael Spahn; Slip and Fall claim of Terry Sullivan; Car damage claim of Ruth Tiunnerman; Slip and fail claim of Bertha Feehan; Car damage claim of Lori Neuhaus; Property damage claim of Robert ~lhuke, presented and read. Council Member Delch moved that the communications be received and filed and approved recommendations. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues· nar, Kring, Pratt, Simon, Voetberg. Nays--None. Communication of David Runyon, Director of Helping Services of North- east, IA, Inc. regarding substance abuse prevention efforts in the Dubuque area, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kring, Pratt, Simon, Voetberg. Nays--None. Communication of Mark Singsauk, M.D. requesting the creation of an ad- ministrative position for the City Am- bulance System, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Noun. Petition of Wm. Dangherty requesting to vacate and purchase a piece of City property located at the southeast corner of 10th and Bluff Streets, presented and read. Council Member Deich moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members 39 Regular Session Deice Kfueaner, Krieg, Pratt, Simon Voetberg. Nays--None. Communication of Convention and Visitor's Bureau Chairman and Manager submitting their marketing and sales ef- forts returned dividends of 1987, pre- sented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daicb Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of Substance Abuse Services Center submitting Second Quarter Report FY 88 on High Risk Youth, presented and read. Council Member Dalch moved that the communication be received and filed, Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch Klansner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of Dubuque Grey- hound Park submitting their audited Financial Statements for 1987, pre- sented~ and read. Council member Deich moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Klansner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager re- questing authorization to execute the release of claims with regard to the Ice Harbo~ Floodwall Gate Repair, pre- sented and read. Council Member Daich moved to ap- prove authorization and City Manager to execute. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Council Member Krieg submitted her resignation, as a Council representative, from the Festival Board, presented and read. February 1, 1988 Council Member Deich moved that the communication be received and filed and accepted rosignatlon. Seconded by Coun- t fi Member Simon. Carried by tho follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays--None. Council recessed at 9:21 P.M. Council Reconvened at 9:31 P.M. City Manager submitted Fiscal year 1989 Operating and Capital Improve- ment Budget. Them being no further business, Coun- cil Member Simon moved to adjourn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Meeting a4iourned at 11:19 P.M. Mary A. Davis City Clerk Approved 1988 Adopted _ 1988 Mayor Council Members ATTES~ City Clerk __Special Session CITY COUNCIL OFFICIAL Special Session, February 9, 1988 Council Met at 7:00 P.M., at the Public Library Auditorium. Present: Mayor Brady, Council Mem- bers Kluesnet; Krieg, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this meeting is a SPECIAL SESSION of the City Council called for ~he purpose to consider placing 1987 ASPHALT PAVING PROJECT AND 1987 P.C. CONCRETE PAVING PROJECT ON THE COUNCIL AGENDA FOR FEBRUARY 15, 1988. RESOLUTION NO. 34-88 RESCINDING RESOLUTION NO. 313--87 AND DEFERRING ACTION ON RESOLUTION OF NECESSITY TO FEBRUARY 15, 1988 WITH RESPECT TO THE ADOPTION OF THE'RESOLUTION OF NECESSITY PROPOSED FOR THE 1987 ASPHALT ~PAVING PROJECT. WHEREAS, the City Council has pro- posed a Resolution of Necessity for the 1987 Asphalt Paving Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, the City Council had determined at their meeting of Novem- ber 2, 1987, that the proposed Resolution of Necessity be deferred for later con- sideration to a Council Meeting to be held on the 7th day of March, 1988, at 7:30 P.M. in the Public Library Audi- torium for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL February 9, 1988 40 OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That Resolution Na 313-87 is hereby rescinded. Section 2. That the proposed Resolu- tion of Necessity for the 1987 Asphalt Paving Project is hereby deferred to the City Council meeting to be held on the 15th day of February, 1988, at 7:30 P.M. in the Public Library Auditorium, with jurisdiction retained for further con- sideration and action. Passed, approved and adopted this 9th day of February, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Absent-- Council Member Deice RESOLUTION NO. 35-88 RESCINDING RESOLUTION NO. 314-87 AND DEFERRING ACTION ON RESOLUTION OF NECESSITY TO FEBRUARY 15, 1938 WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESS- ITY PROPOSED FOR THE 1987 P.C. CONCRETE PAVING PROJECT. WHEREAS, the City Council has pm- Dosed a Resolution of Necessity for the 1987 P.C. Concrete Paving Project; has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, ali persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, the City Council had determined at their meeting of Novem- ber 2, 1987 that the proposed Resolution of Necessity be deferred for later con- sideration to a Council meeting to be 41 Special Session February 9, 1988 held on the 7th day of March, 1988, at 7:30 P.M. in the Public Library Audi- torium for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That Resolution No. 314-87 is hereby rescinded. Section 2. That the proposed Resolu- tion of Necessity for the 1987 PC. Con- crete Paving Project is hereby deferred to the City Council meeting to be held on the 15th day of February, 1988, at 7:30 P.M. in the Public Library Audi- torium, with jurisdiction retained for fu~ ther consideration and action. Passed, approved and adopted this 9th day of February, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Ktieg, Pratt, Simon, Voetberg. Nays--Nona Absent-- Council Member Deich. Them being no further busniess, Coun- cil Member Kluesner moved to adjourn. Seconded by Council Member Simon Carried by the following vote: Yeas-- Mayor Brady, Council Members Klues- ncr, Krieg, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Deich. Meeting adjourned at 7:31 Mary A. Davis City Clerk Approved __1988 Adopted __ 1988 Mayor Council Members ATTES~ City Clerk Regular Session, Februar,~ 15, 1988 42 CITY COUNCIL OFFICIAL Regular Session, February 15, 1988 Council met at 7:30 P.M., Public Library Auditorium Present: Mayor Brady, Council Mem- bers Deich, Kluesne~; Krieg, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may proper- ly come before the Council INVOCATION wos given by Poster Duane Manson, Chaplain of Luther Manor. Proclamation: February 21 to 27 as "National Engineer's Week" received by Ken Buesing and Jeff Dotson. Proof of publication, certified to by the Publisher, on Notice of Public hearing to consider amendment to Zoning Ordi- nance to allow Business Services as a Principal Permitted Use in the C-2 Neighborhood Shopping Center, pre- sented and read. Council Member Deich moved that the proof of publication be received and fil- ed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Member Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Council Member Deich moved that the rules be suspended to allow anyone pre- sent to address the Council if they should so desire. Seconded by Council Member Voetberg. Carried by the fol- lowing vote: Yeas--Mayor Brady, Coun- cil Members Deich, Kluesner, Kreig, Pratt, Simon, Voetberg. Nays--None. Joan Geisler and Catherine Graham addressed Council and requested favorable rezoning. ORDINANCE NO. 7-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY ENACTING A NEW SECTION 3-3.2B(43) OF THE C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO ALLOW BUSINESS SERVICES, EX- CLUDING SIGN PAINTING, AS A PRINCIPAL PERMITTED USAGE, said Ordinance having been presented and read on February 1, 1988, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 7-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINAN- CES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY ENACTING A NEW SECTION 3-3.2B(43) OF THE C-2 NEIGHBOR- HOOD SHOPPING CENTER DIS- TRICT TO ALLOW BUSINESS SER- VICES, EXCLUDING SIGN PAINT- ING, AS A PRINCIPAL PERMITTED USE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque" Iowa, be an~end- ed 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 3-3.2B(43) tlie~eoL as follows: 3-3.2 C-2 Neighborhood Shopping Center District B. Principal Permitted Uses "(43) Business Services, Ex- cluding Sign Painting" Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque. Iowa. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor 43 Re__gular Session ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of February. 1988. Mary A. Davis City Clerk Council Member Deich moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the renewing vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager sub- mitting Resolutions authorizing the publication of the official notices of the public hearing required in connection with the adoption of the Fiscal Year 1989 City Budget, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voct- berg. Nays--None. RESOLUTION NO. 36.88 SETTING THE DATE OF PUBLIC HEARING ON THE FISCAL YEAR 1989 BUDGET FOR THE CITY OF DUBUQUE WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for a public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Section 362.3 of the Code of Iowa. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the pro- posed 1988-1989 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium, llth and Bluff Streets, Dubuque, Iowa on Monday, February 29, 1988, beginning at 7:30 Februar[ 15, 1988 Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law notice of public hearing together with the required budget inIormatlon. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolutlon. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Pratt, Simon, Voctberg. Nays-- None. RESOLUTION NO. 37-88 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the capital projects for the first year are included in the Fiscal Year 1989 budget for the City of Dubuque; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvemnt Pro- gram simultanously with the public hearing and adoption of the Fiscal Year 1989 budget for the City of Dubuque. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library Audi- torium, llth and Bluff Streets, Du- buque, Iowa on Monday, February 29, 1988, beginning at 7:30 p.m. Regular Sessior Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner Krieg, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO. 38-88 AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as amended, to certain Community Development Block Grant Funds; and WHEREAS, the regulations govern- ing the submission of a statement of in- tent for such funds require that citizens be provided with adequate infurmation concerning the Community Develop- ment Block Grant Program and an ade- quate opportunity to participate in the development of the submission and in the development of any revisions, changes or amendments; and WHEREAS, it has been deemed to be in the best interest of the Community Development Block Grant Program to hold a hearing to supplement previous- ly held meetings with private and public agencies, City Manager's budget meet- ings, and the public meeting conducted by the Community Development Department; and WHEREAS, it is further deemed to be in the best interest of the City of Dubuque to hold such public hearing simuitaneously with the public hearing , Februar.~15, 1988 44 on the five year capital Improvement Program and the Fiscal Year 1989 budget for the City of Dubuque. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form of Exhibit "A" attached hereto and made a part thereof. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kfuesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krleg, Pratt, Simon, Voetberg. Nays-- None. Communication of Planning and Zon- ing Commission advising of their ap- )reval of a Conceptual Development Plan for an existing ID Institutional District as requested by Wartharg Theological Seminary, Presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voet- berg. Nays--None. An ORDINANCE Amending Zoning Ordinance and Zoning Map to approve a Conceptual Development Plan for the ID Institutional District for Wartburg Theological Seminary, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement tJaat a proposed Ordinance be considered and voted on Ior passage at two council meetings prior to the meeting at which 45 Regular Session, February 15, 1988 it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 7th day of March, 1988 at 7:30 P.M. in the Public Library Auditorium and that tho City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voet- berg. Nays--None. Communication of Planning & Zoning Commission recommending approval of Concept Plan for Waterfront Districts and amendments to the Zoning Ordi- nance-Special Districts Waterfront 1, 2, & 3, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Veer- berg. Carried by the following vo~e: Yeas--Mayor Brady, Council Memben Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 39-88 A RESOLUTION OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR A CONCEPT PLAN FOR THE WATERFRONT DISTRICTS. WHEREAS, the Fourth Street Penin. sula Task Force was established to define a Conceptual Land Use Plan for the FoUrth Street Peninsula area; and WHEREAS, the Fourth Street Penin- sula Task Force submitted a report on their findings and recommendations on November I8, 1987; and WHEREAS, the Planning and Zoning Commission, in fulfilling their assigned duties under Section 29-20 of the Code of Ordinances of the City of Dubuque, Iowa, has reviewed and adopted the fin- dings and recommendations of the Fourth Street Peninsula Task Force. WHEREAS, the Planning and Zoning Commission has reviewed and adopted the attached "Concept Plan for Water- front Districts" which resulted from the task force study; and WHEREAS, the City Council of the City of Dubuque, Iowa, has herein ap- proved the "Concept Plan for Water- front Districts." NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the "Concept Plan for Waterfront Districts" as herein attach- ed be and the same is hereby approved and the Mayor and City Council are hereby authorized and directed to en- dorse the approval of the City of Dubuque, Iowa upon said plan. Passed, approved and adopted this 15th day of February, 1988. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the renewing vote: Yeas--Mayor Brady, Council Members Deich, Kluesnor, Krieg, Pratt, Simon, Voetberg. Nays-- None. An ORDINANCE Amending the Zon- ing Ordinance and Zoning Map by enac- ting a new Section 3-5.4 WF-1 Water- front-1 District, by enacting a new Sec- tion 3-5.5 WF-2 -2 District, by enacting a new Section 8-5.5 WF-2 Waterfront-2 District, by enacting a new Section 3-5.6 WF-8 Waterfront -3 District and by amending Section 4-3.11 to provide regulations for signs for the WF-1 Waterfront-1 District, WF-2 Water- front-2 District and WF-3 Waterfront-8 District, presented and read. Council Member Simon moved that this be conslde~l the first reading of the Ordinance and that it be set for Public Hearing on March 7, 1988 at 7:30 p.m. and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voet- berg. Nays--None. Pat Friedman of Dubuque Main Street Ltd. addressed the Council and submitted their semi-annual report. Council Member Kluesner moved that Regular Session, February 15, 1988 46 the report be received and filed. Second- ed by Council Member Sinmn. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- nar, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 40-88 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESO- LUTION OF NECESSITY PRO- POSED FOR THE 1987 ASPHALT PAVING PROJECT WHEREAS, the City Council has pro- posed a Resolution of Necessity for the 1987 Asphalt Paving Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RE- SOLVED BY T~E CITY COUNCIL OFTHECITY OF DUBUQUE, IOWA ASFOLLOWS: That the proposed Resointlon of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been du- ly considered are overruled. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays-- I~one. RESOLUTION NO. 41-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 15th day of July, 1987, plans, specifications, form df con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the 1987 Asphalt Paving Project; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO. 42-88 RESOLUTION AMENDING RESOLUTION NO. 203.87, SCHEDULE OF PROPOSED ASSESSMENTS FOR THE 1987 ASPHALT PAVING PROJECT WHEREAS, the City Council of the City of Dubuque, Iowa passed and ap- proved Resolution No. 203-87 on July 20, 1987 for the 1987 Asphalt Paving Project; and WHEREAS, the passage of the 1% Local Option Sales and Services Tax 47 Regular Sessio~ February 15, 1988 provides for the reduction by at least 75% of street special assessments from the proposed assessments previously set forth in Resolution No. 203-87. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section LThat Resolution No. 203-87 approving the Schedule of proposed Assessments for the 1987 Asphalt Pay- Lng Project is hereby amended by reduc- ing the proposed street assessments set forth in the schedule by 75%. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineaner Ktieg, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO. 43-88 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the 1987 Asphalt Paving Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accom- pany each bid shall be in the amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is het:eby directed to advertise for bids for t~e construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 24th day of March, 1988. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 4th day of April, 1988. Passed, approved and adopted this 15th day of February, 1988, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO.~-88 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLU- TION OF NECESSITY PROPOSED FOR THE 1987 P.C. CONCRETE PAVING PROJECT WHEREAS, the City Council has prc- posed a Resolution of Necessity for the 1987 P.C. Concrete Paving Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been du- ly considered are overruled. _Regular Session, February 15, 1988 48 Passed, approved and adopted this RESOLUTION NO. 46-88 15th dey of Februaryl 1988. RESOLUTION AMENDING James E. Brady RESOLUTION NO. 208-87, Mayor SCHEDULE OF PROPOSED ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by ] the f°ii°Wing v°te: Yeas--Mayor Brady, [ Council Members Deich, Kluasner, ] Krieg, Pratt, simon, Voetberg. Nays-- [ WHEREAS, the passage of the 1% None. I Local Option Sales and Services Tax provides for the reduction by at least RESOLUTION NO. 45-88 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 15th day of July, 1987, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the 1987 P.C. Concrete Paving Project; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OFTHECITYOFDUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvemente for said project. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Couacil Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluasner. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays-- None. ASSESSMENTS FOR THE 1987 P.C, CONCRETE PAVING PROJECT WHEREAS, the City Council of the City of Dubuque, Iowa passed and ap- proved Resolution No. 208-87 on July 20, 1987 for the 1987 P.C. Concrete Pav- ing Project; and 75% of street special assessments from the proposed assessments previously set forth in Resolution No. 208-87. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 208-87 approving the Schedule of Proposed Assessments for the 1987 P.C. Concrete Paving Project is hereby amended by reducing the proposed street assess- ments set forth in the schedule by 75%. Passed, approved and adopted this 15th day of February, 1988~ James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Sknon, Voetberg. Nays-- None. RESOLUTION NO. 47-88 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the 1987 P.C. Concrete Paving Project is hereby ordered to be advertis- ed for bids for construction. 49 Regular Session, February 15, 1988 BE IT FURTHER RESOLVED, that the amount of the security to accom- pony each bid shah be in the amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and s heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Du- buque, Iowa, which notice shall not be less than four days not more than twen- ty days prior to the receipt of said bids at 2:00 p.m. on the 22n 1988. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 4th day of April, 1988. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays-- None. Communication of Planning and Zon- ing Commission advising of their denial to rezone property at 3051, 3055 and 3077 Brunshiil Road from R-1 Single Family Residential to C-3 General Com- mercial District, presented and read. Council Member Krleg moved that ~he communication be received and file~ and overruled denial. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Khiesanr,.Krieg, Pratt, Simon, Voetberg. Nays--None. · An ORDINANCE Amendlng the Zon. ~ng Ordinance and Zoning Map by reciass~fying proper ty at 3051, 3055 and 3077 Brunskill Road from R-1 Single Family Residential District to C-3 General Con~mercial District, presented and read. Council Member Krieg moved that this be considered the first reading and that a Fublic Hearing be held on March 7, 1988 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring Resolution requesting approval amending a Contribution Agreement with E.C.LA. Business Growth. Inc., Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Kines- ncr, Krieg, Pratt, Simon, Voctberg. Nays--None. Abstain--Council Member Deich. RESOLUTION NO. 48-88 RESOLUTION APPROVING AN AMENDMENT TO THE CONTRI- BUTION AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND E.C.I.A. BUSINESS GROWTH, INC., DATED NOVEMBER 19, 1984, FOR THE ESTABLISHMENT OF AN ECO- NOMIC DEVELOPMENT ADMINI- STRATION REVOLVING LOAN FUND AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN SAID AMENDMENT TO AGREE- MENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque is deeply interested in supporting the retention and creation of jobs in the community and in the continued devel- opment of the economic base of the City; and WHEREAS, the City of Dubuque and E.C.I.A. Business Growth, Inc. have jointly received an additional grant from the Economic Development Administra- tion to capitalize a local revolving loan Regular Session fund for business job creatian/retentinn loans; and WHEREAS, the City's participation in the EDA Grant is formalized by the amendment to Contribution Agreement attached hereto and by this made a part hereof; and WHEREAS, the City Council of the City of Dubuque desires to participate with E.C.I.A. Business Growth, Inc. in capitalizing a local revolving loan fund. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the attached EDA Revolving Loan Fund Contribution Agreement between the City of Du- buque, Iowa and E.C.I.A. Growth, Ins. including the commitment of a contribution of $40,000.00 towards the capitalization of the Revolving Loan Fund is hereby approved. Section 2. That the Mayor is hereby authorized and directed to sign the Con- tribution Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of February, 1988. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt· Carried by the following vote: Yeas--Mayor Brady, Council Members, Khiesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Abstain--Council Member Deich. Communication of City Manager re- questing approval to execute a CD Block Grant Loan Agreement with Carlisle Communications, Ltd., pre- sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members, February 15, 1988 50 Klueaner, Kring, Pratt, Simon, Voetberg. Nays--None. Abstain-- Council Member Deich. RESOLUTION NO. 49-88 A RESOLUTION AUTHORIZING THE EXECUTION OF A COM. MUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH CARLISLE COMMUNI. CATIONS, LTD. WHEREAS, under provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Com- munity Development Block Grant Funds for the purpose of stimulating economic developmont activities within the community; and WHEREAS, the City of Dubuque, Iowa desires to assist Carlisle Com- munications, Ltd. in its efforts to enhance and expand its existing opera- tions; to create permanent employment opportunities for its citizens; and to en- courage the exportation of Iowa pro- ducts; and WHEREAS, a Loan Agreement is to be executed by Carlisle Communica- tions, Ltd. and the same hereto attach- ed and by this reference made a part hereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clock be and they are hereby authoriz~ ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the Loan Agreement hereto attached, awarding a one hundred and fifty thou- sand dollar ($150,000) inan to Carlisle Communications, Ltd., according to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds from the Community Devel- opment Block Grant entitlement fund, in accordance with the terms and con- ditions of Loan Agreement hereto attached. Passed, approved and adopted this 15th day of February, 1988, 51 Regular Session James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members, Kfuesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Abstain--Council Member Deich. Communication of Corporation Counsel Lindahl submitting Ordinance relating to the Motion to Reconside5 presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Krleg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kfuesner, Krieg, Pratt, Simon, Voetherg. Nays--None. ORDINANCES NO. 8-88 AN ORDINANCE AMENDING TH~ CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA, BY REPEALING SECTION 2~35(e~ THEREOF RELATING TO THE MO- TION TO RECONSIDER AND BY ADOPTING THE FOLLOWING NEW SECTION 2-35(e) RELATING TO THE MOTION TO RECONSIDER, pre- sented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and vo~ed on for passage at two council meetlnge prior to the meeting~t which it is to be finally adopted be suspend and further moved final adoption of the Or- dinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ktieg, Pratt, Simon, Voetberg. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 8-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY February 15, 1988 REPEALING SECTION 2~35(e) THEREOF RELATING TO THE MO- TION TO RECONSIDER AND BY ADOPTING THE FOLLOWING NEW SECTION 2-35(e) RELATING TO THE MOO/ON TO RECONSIDER. NOW, THEREFORE, BE IT O~ DA/NED BY THE CITY COUNCIL OFTHECITYOFDUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuqu~ Iowa be amend- ed by repealing Section 2-35(e), Motion to Reconsider. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be a~nend- ed by adopting the following new Sec- tion 2-35(e), Motion to Reconsider. "2-35(e). Motion to Eeconaider." A motion to reconsider shall not be entertained except at the same City Council meetfug, or at the next suc- ceeding regular City Council meeting after the meeting on which the vote was taken and shall be made only by a member who voted with the prevailing side. A motion to reconsider cannot be made by a member who abstained on the vote which is sought to be reconsidered. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of February, 1988. Mary A. Davis City Clerk Loras College requesting to transfer their Beer Permit to the Fieldhouse on Feb. 19th; Cue Master Ltd. requesting to transfer their Liquor License per- manentiy from 841 Central to 900 Cen- tral, presented and read. Council Member Simon moved that the transfers be approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Regular Session Krieg, Pratt, Simon, Voetberg. Nays-- Nona RESOLUTION NO. 50-88 WHEREAS, Applications for Beer permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The promises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed pro- per bond; 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 applicants a Beer Permit. CLASS "B' BEER PERMIT George M. Stephenson Bunker Hill Golf Course Bunker Hill Rd. (Also Sunday Sales) CLASS "C" BEER PERMIT Brian's Inc Brian's Standard 3305 Asbury (Also Sunday Sales) Richard Bruce Van Gorden Vango AMOCO 205 Locust St. (Also Sunday Sales) CLASS "BE"BEER PERMIT Beverly R. Miller Sid's Beverage Store 260 Southern (Also Sunday Sales) Passed. approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Nbne. February 15, 1988 52 RESOLUTION NO. 51-88 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected 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 fullowlng named applicant(s) a Liquor Licensa CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd. Dubuque Best Western Dubuque Inn 3434 Dodge (Also Sunday Sales) SPECIAL CLASS "C" (BW) BEER-WINE LICENSE Ken Fenelon's Finer Foods Restaurant, Inc. 3130 Jackson (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Apartments, Ltd Dubuque Mining Cb Kennedy Mall ~Also Sunday Sales) Steve Lampe Cuemastor Limited 841 Central ~ Also Sunday Sales) Patricia Lombardi Schuster Ms. Pat'e 1630 E 16th IAlso Sunday Salesl Town Clock Inn, Inc. 8th and Main CLASS"E"LIQUOR LICENSE Dennis A. Althaus Family Beverage Center 3400 Central Nash-Finch Company Econofoods #471 3355 J.F,K. Circle 53 Regular Session, February 15, 1988 Hy-Vee Food Stores, Inc. Hy-Vee Food Store 3500 Dodge Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Besointion. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Krieg, Pratt, Simon, Voctberg. Nays-- Non~ MINUTES SUBMITTED: Dock Commission of 2-2; Five Flags Carnmls- sion of 1-25; Historic Pmservatinn Com- mission of 1-26; Housing Commission of 1-19; Public Library Board of Trustees of 1-19; Transit Trustee Board of 1-I4; Plan- ning & Zoning Commission of 2-3; Zen- lng Bd. of Adjustment of 1-28, presented and read. Council Member Simon moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS: At- torney A1 Hughes on behalf of Michele Hammel, in unknown amount for per- sonai injuries: Rick Jacobs, in est. amt. of $100 for car damages; Robert Kaes- bauer in est. anat. of $131.75 for car damages; Mrs. Pauline Lambe in amount . of $811.25 for backed-up sewer daroages; Shirley McVey in amount of $15 for per~ sonailosses; Betty Swartz, in amount of $115.43 for car damages, presented and read. Council Member Simon moved that the claims and suits be referred to the Legai Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Notice from IOWA DOT advising of condemnation for properties located within relocated Highway U.S. 61 for two different parcels of land, presented and read. Council Member Simon moved that the notice be received and filed. Second- ed by Council Member Kluesnec Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kines- ncr, Krieg, Pratt, Simon, Voctberg. Nays--None. Proof of publication, certified by the on List of Claims paid for month of December, 1987, presented and Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voctberg. Nays--Nong Dennis Houlihan, Chairperson of Air- advising of resigna- tion of fellow Commizsioner Frank Bertsch as of January 19, 1988, pre- sented and read. Council Member Simon moved that the resignation be received and filed and accepted with regret. Seconded by Coun- cfi Member Khiesner. Carried by the fol- lowing vote: Yeas--Mayor Brady, Coun- cil Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None~ Michael Budde~ Mayor of Asbury re- questing Council prohibit parking on the south side of Asbury Road in front of Heritage Manor as well as to the east of the Manor for approx. 50 feet where Asbury Road narrows from its 40 foot width, presented and read. Council Member Simon moved that the matter be referred to the City manager for investigation and report. Seconded by Council Member Kinesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesnex, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mitring applications for property tax Regul.____.ar Session, February 15, 1988 exemptions fried under the Dubuque U~ ban Revita]izatinn Program, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Klues- nar. Carried by the following vote: Yeas--Mayor Brady, Council Members De/ch, Kluesner, Krieg, Pratt, Voctberg. Nays--Nona RESOLUTION NO. 52-88 A RESOLUTION APPROVING TA~ EXEMPTION APPLICATIONS, SUBMITTED BY PROPERTY OWNERS IN THE JACKSON PARK, WEST ELEVENTH STREET, AND WASHINGTON STREET URBAN REVITALIZATION AREAS, AND AUTHORIZING THE TRANS- MITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR. WHEREAS, the Urban Revitalization ~ct, as enacted by the 68th General Assembly of the State of Iowa, allows cities to give property tax exemptions for improvgments made to properties in a designated revitalization area; and WHEREAS, the Urban Revitalization Act requires each property owner to sub- mit a writteii exemption application by February I of the assessment year for which the exemption is first claimed, and fUrther requires tho governing body of the City to approve ail ~ meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the local assessor for review by March 1 of each year; and WHEREAS, pursuant to the require- ments of said Urban Revitalization Act, City Ordinances 74-80, 15-81, and 40-81 established the Jackson Park, West Eleventh Street, and Washington Street Urban Revitalization Areas, respective- ly; and WHEREAS, the City Clerk of the City of Dubuque, as of February 1, 1988, received tax exemption applications from owners of property as follows: Sandra K. Megenigle for improve- ments at 1669 Washington; Ron White for improvements at 1477 Locust; Robert J. and Kathleen Schmidt for im- provements at 1565 Fairview Place; Douglas Spyrison for improvements at 1295 Grove Terrace; Carole Ann Thomas for improvements at 1595 Fairview Place; Gotz and Kluesner Ca fu~ ira- provemonts at 1025 Locust; Dave Rafoth and Pat Smith for improvements at 555 Arlington; and WHEREAS, Staff of the City's Com- munity Development Department have reviewed the above.described applica- tions and inspected the properties, and have determined that the applications and the improvemente conform to ail re- quirements of the City of Dubuque's Ur- ban Revitalization Plan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption applications meet ail re- quirements of the City of Dubuque's Ur- ban Revitalization Plan. Section 2. That the above-described tax exemption applications are hereby approved by the City Council, subject to the review and the approval of the City Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above-described tax exemp- tion applications to the City Assessor. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager Re- questing Mayor be authorized to sign the Community Development Grantee 55 Regular Session, Februar,~ 1988 Performance Report for Calendar Year 1987 and the City Clerk to make such documents available to the pubflc, presented and mad. . Council Member Simon moved the communication be received and fil- ed. Seconded by Council Member Klues- ncr. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voet berg. Nays--None. RESOLUTION NO. 53-88 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF AVAILABILITY FOR PUBLIC IN- SPECTION CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS. WHEREAS, under date of February 17, 1988, the Annual Grantee Perfor- mance Report for Calendar year 1987 will be sent to the U.S. Department of Housing and Urban Development for processing; and WHEREA& Section 570.300 (bl of the Community Development Block Grant Program requires that reasonabl shall be made to inform citizens involv- ed in or affected by the local Commun- ity Development Block Grant Program that the Performance Report has been submitted and is available to interested parties upon request; and WHEREAS, Section 570.906 (c) re- quires that there be public notice of the availability of the Grantee p Report for inspection by the public; 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 in the Dubuque Telegraph Herald, a newspaper of general circula- tion with the City, public notice in the form of Exhibit A, attached hereto and made a part hereof. Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetherg. Nays-- None. City Manager submitting brief sum- mary of a ~nblic Meeting conducted by him on the Fiscal Year 1989 City Budget, presented and read. Council member Simon moved that the summary be received and flied. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays--Nong REFUNDS REQUESTED: Vivian Heinz, $25 on unexpired Cigarette License trod $50 on unexpired Class "C" Beer Permit, presented and read. Council Member Simon moved that the refunds be approved and Finance Director to issue the proper check. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krieg, Pratt, Simon, Voetberg. Nays--None. City Manager submitting Financial Report for month January, 1988, pre. sented and read. Council Member Simon moved that the report be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kines- nor, Krieg, Pratt, Simon, Voetherg. Nays--Nong Communication of Planning & Zoning Commission approving final plats of Sub. of Lot 2 - Northwest ¼ - Northeast ¼ and Southwest ¼ - Northeast ¼ Sec- tion 9, South of the Rupp Hollow Read and Brittany Woods Subdvisian, pre- sented and read. Council Member Simon moved that the communication be received and Regular Session filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deiak, Kluesner, Krieg, Pratt, Simon Voetberg. Nays--Nona RESOLUTION 54-88 A RESOLUTION APPROVING THE FINAL PLAT Ot~ THE SUB- DIVISION OF THAT PART OF LOT 2-NORTHWEST ~-NORTHEAST ¼ AND THAT PART OF THE SOUTHWEST ¼-NORTHEAST ~A-SECTION 9, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPLE MERIDIAN LYING SOUTH OF RUPP HOLLOW ROAD IN DUBUQUE COUNTY, IOWA: WHEREAS, there had been filed with the City Clerk a final plat of the Subdivi- sion of that part of Lot 2-Northwest ¼-Northeast ¼ and that part of the Southwest ¼-Northeast ¼, Section 9, Township 89 North, Range 2 East of the 5th Principle Meridian lying south of Rupp Hollow Road in Dubuque County, Ibwa; WHEREAS, said final plat has been examined by th~9 City Plarmhig and Zon- ing Commission and had its approval eh- domed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of that part of Lot 2 North- west ¼-Northeast ¼ and that part of the Southwest ¼-Northeast ¼-Section 9, Township 89 North, Range 2 East of the 5th Principle Meridian lying soul of Rupp Hollow Read in Dubuque County, Iowa be and the same is hereby approv- ed, and the Mayor and City Clerk of the City of Dubuque, Iowa am hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa Upon said final plat. February l5, 1988 56 Passed, approved and adopted this 15thdayofFebruar~ 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO. 55.88 RESOLUTION APPROVING THE FINAL PLAT OF BRITTANY WOODS IN DUBUQUE COUNTY, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of Brittany Woods in Dubuque County, Iowa; and WHEREAS, upon said final plat ap- pears a street to be known as Forest Gate Read, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Plmmhig and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating theret~ except that drive grades have not been established, the drive brought to grade, or paving installed. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the easement for public utilities as the same appear upon said plat, be and the same is hereby accepted; Section 2. That the final plat of Brit- tany Woods be and the same is hereby approved and the Mayor and City Clerk 57 Regular Session, February 15, 1988 are hereby authorized and directed to en- dorse the approval of the City of Du- buque~ Iowa, upon said plat, provided the ownere of said property herein nam- ed, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to hard service the streets of Forest Gate Road with bituminous concrete, or with concrete paving, all in accordance with approved plans on file in the office of the City Engineer, City of Dubuque, Iowa; b. To provide the foregoing construc- tion and maintenance of all said im- provements at the sole expense of the owner, Lime Rock Springs, Company;, or their successors and assigns; and c. To constract all said improve- ments within two years from the date of the adoption of this resolution by the City of Dubuque, Iowa, Section 3. That the aforesaid Lime Rock Springs Company, as owner, shall secure the foregoing conditions by pro- viding security in such form and with such surety as may be approved by the City Manager of the City of Dubuque, Iowa. Section 4. That in the event Lime Rock Springs Company shall fail to execute the acceptance and furnish the security provided for in Section 3 hereof within forty-five (45) days after the date of this Resolution, the provisions hereof shall be null and void and approval of the plat shall not be effectiv~ Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 55-88 We, the undersigned Lime Rock Springs Corepany, having read the terms and conditions of the Resolution N(x 55- 88 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa this 30th day of March, 1988. By James Gantz, President Limerock Springs Company To: Mary A. Davis City Clerk This is to certify that the security pro- vided by the foregoing Resolution No. 55-88 has been furnished by the owners. Dated at Dubuque, Iowa this 31st day of March, 1988. W. Kenneth Gearhart City Manager Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager re- questing authorization to publish notice of Environmental Review Finding for certain Community Development Block Grant Project (Carlisle Communications, Ltd.), presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Veer berg. Nays--Nong RESOLUTION NO. 56-88 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COM- MUNITY DEVELOPMENT BLOCK GRANT PROJECT. WHEREAS, the City of Dubuque entered into a Grant Agreement for the Calendar Year commencing January 1, 1987 with the U.S. Department of Hans- lng and Urban Development, providing for financial assistance to the City under Title I of the housing and Community Devalopreent Act of 1974, as amended; and Regular Session, February 15, 1988 58 WHEREAS, pureuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Developreant, an enviranreantal review has been processed for the hereinafter described project to be financed with Community Block Grant funds; and WHEREAS, an ad hoc Environreen- tal Review Committee on November 10, 1987 has after dug consideration reade a determination that the project is not a reajor Federal action significantly af- fecting the quality of the hurean environment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to reake the Environreental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Carlisle Communications, Ltd. Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its reacting of March 7, 1988, authorizing the submission of a re- quest to the U.S. Departreent of Hans- ing and Corereunity Developreent to undertake the project, Passed, approved and adopted this 15th day of February, 1988. James E. Brady Mayor ATTE S'I~. Mary A: Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. accordance with Chapter 21.5 l(c) to discuss strategy with Council in mattere that are presently in litigation. Second- ed by Council Mereber Sireon. Carried by the following vote: Yeas--Mayor Brady, Council Merebers Deich, Kfues- ncr, Krieg, Pratt, Simon, Voetberg. Nays--None. Council reconvened at 9:47 P.M. Mayor announced pending litigation discussed with no decision reached. There being no further business, Coun- cil Mereber Dalch moved that the meeting adjourn. Seconded by Council Mereber Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Deich, Kfuesner, Krieg. Pratt, Simon, Voetberg. Nays--Nang Meeting adjourned at 9:48 P.M. 9:11 P.M. - Council Member Kluesner nioved to go into Closed Session in Mary A. Davis City Clerk Approved Adopted Mayor Council Membere ATTESt. City Clerk __1988 1988 59 Special Session, February 15, 1988 CITY COUNCIL OFFICIAL Special Session, February 29, 1988 Council Met at 7:30 EM., Public Library Auditorium. Present--Mayor Brady, Council Mem- bers Daich, Kluesner, Krleg, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this meeting is a SPECIAL SESSION of the City Council called for the purpose to CONDUCT A PUBLIC HEARING ON THE FISCAL YEAR 1989 OPER- ATING AND 5 YEAR CAPITAL IM- PROVEMENT B,UDGETS FOR THE CITY OF DUBUQUE. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Budget for City of Dubuque, IA for Fiscal Year 1989; Proof of publication, certified to by the Publisher. on Notice of Public Hearing on the Five Year Capital Improvement Programming covering the fiscal year beginning July 1, 1988 through the fiscal year beginning July 1, 1992; proof of publication, cer- tified to by the Publisher, on Notice of Public Hearing for the purpose of obtain- ing the views of residents of the City on Community Development and Housing Needs, presented and read. Council Member Simon moved that the proofs of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communications of Catholic Worker House; Legal Services Corporation of Iowa; Catholic Charities; Ronnie Ham sen; Dept. of Correctional Services; Sum- mit Congregational Church, Chris Grabow; Scenic Valley Area VIII Agen- cy on Aging; Dept. of Human Services; Dubuque Citizens for Community Development; Subs~qce Abuse Services Center; Shirlee Schroeder; Dubuque Area Council for Prevention of Child Abuse requesting Council consider fund- fug of Information and Referral Services at the requested level; Communication of Beverly Berna of Iowa State Univer- sity being of opinion that Information and Referral Services is a needed service in this area; Communication of Gayle Randolph, II, Executive Direction of Operation: New View supporting the funding of Phone-A-Friend; Communica- tion of Dept. of Correctional Services re- questing Council to reconsider the addi- tional $7000.00 funding for Infurmation and Referral, presented and read. Council Member Simon moved that the communications be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of Dave Runyon of Helping Services for Northeast Iowa, In~ requesting funds in the amount of $1500 for the Educational Services Pro- gram of their organization; Communica- tion of City Manager submitting addi- tional Budget Information, presented and read. Council Member Simon moved that the communications be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner. Krieg, Pratt~ Simon, Voetberg. Nays--None. Council Member Dcich moved to sus- pend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. POLICE DEPT. - No Comments. EMERGENCY COMMUNICATIONS CENTER - No Comments. FIRE DEPT. - No Comments. DISASTER SERVICES - No Comments. HUMAN RIGHTS DEPT. - No Comments. STREET SIGNS AND MARKINGS ACTIVITY - No Comments. BUILDING SERVICES DIVISION - No Commente. Special Session, February 29, 1988 HEALTH SERVICES DIVISION. No Comments. PARK & RECREATION - Paula Benner of the League of Women Voters submit- ' ted their comments on User Fees. CIVIC CENTER DEPT.. No Comment. LIBRARY - No Comment. AIRPORT - No Comment. TRANSIT DEPT. - Pauin Benner sup- ported tho current level of service. PUBLIC WORKS DEPT. - No Comment. ENGINEERING DIVISION - No Comment. WATER DIVISION - No Comment. WASTEWATER DIVISION - No Comment. STREET DIVISION - Paula Benner of the League of Women Voters endorsing the 25¢ surcharge for the landfill replacement. PARKING DIV. - No Comment. COMMUNITY DEVELOPMENT AD- MINISTRATION. No Comment. HOUSING SERVICES DIV - No Comment. DEVELOPMENT SERVICES DIV. No Comment. CITY HALL MAINTENANCE - No Comment. CITY COUNCIL - No Comment. CITY MANAGER'S OFFICE - No Comment. CITY CLERK'S OFFICE - No Comment. FINANCE DEt~. - No Comment. LEGAL DEPT. - No Comment. INFORMATION SERVICES DEPT. - No Comment. CONTRIBUTION OF PURCHASE OF SERVICES - Pauin Benner submitted comments regarding organization receiv- ing funds. Mary Ann Weber requested funding for Phone-a-Friend. Louis Barrett re- quested that they restore the funds to Information and Referral. Council Member Simon moved that they reduce the tax asking by $1,399.025 and further increase revenues from Sales & Service Tax. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. ,Council Member Pratt moved that 60 they reinstate the amount of $7996.00 in Sec. 3, dated 2-23-88, supporting In- formation and Referral in the amount of $27,996. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Deich, Klues- ncr, Krieg, Pratt, Simon, Voetberg. Nays--Mayor Brady. Council Member Simon moved that they reduce the Library Dept. budget by $5500, removing check-ant equipment and add in magazine subscriptions, total $2650. Seconded by Mayor Brady. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Pratt. Simon, Voetberg. Nnys--Canncil Members Deich, Krieg. Council Member Simon moved that they include amendment which would give the City Manager, the City Clerk and Corporation Counsel a pay increase according to the guidelines in the amount of 2%. Seconded by Council Member Klueaner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nong RESOLUTION NO. 57-88 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1989. Be it Resolved by the Council of the City of Dubuque, Iowa: The annual budget for the fiscal year ending June 30, 1989, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof show- ing the revenue estimates and appropria- tion expenditures and allocations to pro- grams and activities for said fiscal year is adopted, and the clerk is directed to make the filings required by law and to set up the books in accordance with the summary and details as adopted. Passed, approved and adopted this 29th day of February, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk 61 Special Session, February 29, 1988 Council Member Simon moved adop- tion of the Resolution as Seconded by Council Member Pratt. Ca~ tied by the following vote~ Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 58-88 ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM , WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, I988 and end- ing June 30, 1993 for the City of Du- buque has been prepared and submitted to the City Council; and WHEREAS, the five year Capital Im- provement Program: (1) describes specific capital im- provement projects; (2) provides estimated costs for those projects; (3) proposes sources of funds for each of them; and (4) schedules the year during which each project will be undertaken; and WHEREAS, the capital improvement projects for the first year are incinded in the Fiscal Year 1989 budget for the City of Dubuque; and WHEREAS, the five year Capital Im- provement Program will be reconsidered annually by the City Council and ap- prop~:iately revised; and WHEREAS, the adoption of the five year Capital IInprovement Program is a prudent measure to provide continuity of programs and is in th of the City of Dubuque. NOW THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July I, 1988 as set out in the Fiscal Year 1989-1993 Recommended Capital Improvement Budget as amend- ed is hereby approved and adopted as the proposed allocation of the City reasur¢~es for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 29th day of February, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krleg, Pratt Simon, Voetberg. Nays-- None ORDINANCE NO. 9-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE~ IOWA BY REPEALING TABLE NUMBER 20-A OF CHAPTER 30 THEREOF RELAT- ING TO PLUMBING PERMIT FEES AND BY ADOPTING A NEW TABLE NUMBER 20-A RELATING TO PLUMBING PERMIT FEES, pre- sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 9-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING TABLE NUMBER 20-A OF CHAPTER 30 THEREOF RE- LATING TO PLUMBING PERMIT FEES AND BY ADOPTING A NEW TABLE NUMBER 20-A RELATING PLUMBING PERMIT FEES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuquq Iowa be amend- ed by repealing qhble Number 20-A, Plumbing Permit Fees, of Chapter 30. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adopting the following new Table Number 20-A of Chapter 30: Special Sessior PLUMBING PERMIT FEES PERMIT ISSUANCE 1. For the issuance of each permit ..................... $10.00 2. For issuing each supplemental permit ...................... 5.00 UNIT FEE SCHEDULE (in addition t, item 1 or 2 above) 1. For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, venting, and backflow protection therefore) .... 6.00 2. Forlnstaeing, repalrlngor replac- lng each building, trailer, or mobile home sanitary or storm sewer: a. From city main to the property line ......................... 10.00 b. From the property line to the building, trailer or mobile home. 10.00 3. For each drain opening in a building, tcaller or mobile home storm drain ....................... 10.01 4. For each cesspool - Cesspools are not permitted. 5. For each building storm sewer to a building ................... 10.00 6. For each water heater (with or without vent) ................. 9.00 7. For each industrial or commercial waste pretreatment interceptor including its trap and vent, excepting kitchen type grease interceptors functioning as fixture traps ......... ~'. ............. 10.00 8. For installation, alteration or repair of water piping and/or water- treating equipment, except building, trailer, or mobile home water service, each ........................ 10.00 9. For repair or alteration of drainage or vent piping, each fixture ..... 10.00 10. For each lawn sprinkler system or any one meter including backflow protec- tion devices therefor .......... 10.00 11. For atmospheric type vacuum breakers not included in items 2 or 10: a. One to 5 ............. 10.00 b. Over 5 each .......... 2.00 12. For each backflow protective device other than atmospheric-type vacuum breakers ............. 10.00 13. For each gas plping system of one to 5 outlets .................. 10.00 14. For each gas piping system of 5 or more outlets, per outlet ..... . . . 2.00 15. For each building, trailer or mobile home water service installed, replaced or repaired: a. From water main to property February 29, 1988 62 line ......................... 10.00 b. From property line to building, trailer or mobile home ......... 10.00 c. From private water supply to building, trailer or mobile home. 10.00 OTHER INSPECTIONS 1. Inspections outside of normal business hours (minimum charge 2 hours) per hour .................... 30.00 2. Reinspection fee assessed under pfc- visions 'of Section 305(fl per hour 30.00 3. Inspection for which on fee is specifically indicated (minimum charge one-half hour) per hour ........ 30.00 4. Plan review fee (minimum one hour charge and charged in ~/~-hanr increments beyond the fftgt hour; plans which must be sent to Kansas City for review will be charged for ten (10) hours of review time) per hour .................... 20.00 5. Additional plan review required by changes, additions or revisions to previously approved plans (minimum charge one-half hour) per hour ·. 20.00 Section 3. This ordinance shall be in full force and effect on and after July 1, 1988 after its adoption and publication as pro- vided by law. Passed, approved and adopted this 29th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in tbe Telegraph Herald newspaper this 10th day of March, 1988. Mary A. Davis City Clerk It 3/10 Council Member Simon moved that this be considered the first reading of the O~linance, and that tbe requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. 63 Special Session, ORDINANCE NO. 10-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING TABLE NUMBER 3-A OF CHAPTER 19 RELATING TO MECHANICAL PERMIT FEES AND BY ADOPTING A NEW TABLE NUMBER 3-A OF CHAPTER 19 RELATING TO MECHANICAL PER- MIT FEES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 10-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING TABLE NUMBER 3-A OF CHAPTER 19 RELATING TO MECHANICAL PERMIT FEES AND BY ADOPTING A NEW TABLE NUMBER 3-A OF CHAPTER 19 RELATING TO MECHANICAL PER- MIT FEES, NOW, THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code Ordinances of the City oI Dubuque, Iowa be amended by repealing Table Number 3-A of Chapter 19. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adopting the following new Table Number 3-A of Chapter 19: MECHANICAL PERMIT FEES PERMIT ISSUANCE 1. For the issuance of each permit ..................... $10.00 2. For issuing each supplemental permit ...................... 5.00 UNIT FEE SCHEDULE (in addition to item 1 or 2 above) 1, For the installation or raiocation of each forced-air or gravity-type furnace or burner, including ducts and vents at- tached to such appliance, up to and in- cluding ducts and vents attached to such appliance, up to and including 100,000 Btdih ....................... 12.00 2. For the installation or relocation of eech forced-aft or gravity-type furnace February29, 1988 or burner, including ducts and vents at- tached to such appliance over 100,000 Btu/h ....................... 15.00 3. For the installation or relocation of each floor furnace, including vent ............................ 12.00 4. For the installation or relocation of each suspended heater, recessed wall beater or floor-mounted unit heater ........................... 12.00 5. For the installation, raiocation or replacement of each appliance vent stalled and not included in an appliance permit ...................... 10.00 6. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorp- tion unit, or each heating, cooling, ab- sorption, or evaporative cooling system, including installation of controls regu- lated by tl~s code ............. 12.00 7. For the installation or relocation of each boiler or compressor to and in- cluding three horsepower, or each abeorl> tion system to and including 100,000 Btu/h ....................... 12.00 8. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horse- power, or each absorption system over 100,000 Btu/h and including 500,000 Btu/h ....................... 22.00 9. For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horse- power, or each absorption system over 500,000 Btdih to and including 1,000,000 Btu/h ....................... 30.00 10. For the installation or relocation of each boiler or compressor over 30 horse- power to and including 50 horsepower, for each absorption system over 1,000,000 Btu/h to and including 1,750.000 Btu/h .............. 45.00 11. For the instaliation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 Btu/h .... 75.00 12. For each air-handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto 9.00 Note: This fee shall not apply to an air- handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this code. 13. For each ah'-handling unit over 10,000 cfm .................. 15.00 Special Session February 29, 1988 64 14. For ench evaporative cooler other than portable type ............ 9.00 15. For each ventilation fan connected to a single duct .............. 6.00 16. For each ventilation system which is not a portion of any heating or air- conditioning system authorized by a permit ...................... 9.00 17, For the installation of each hoed which is served by mechanical exhaust including the ducts for such hood ........................... 9.00 18. For the installation or relocation of each commercial or industrial-type incinorator ................... 60.00 19. For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code ........................ 9.00 20. When Chapter 22 is applicable (see Section 103), permit fees for fuel-gas pip- ing shall bo as follows: For each gas-plpfug system of one to five outlet ................... 10.00 For each gas-piping system of more than five outlets, per outlet .... 2.00 OTHER INSPECTIONS AND FEES 1. Inspections outside of normal business henrys ....... $30.00 per hour (minimum charge -- two hours) 2. Reinspection fee assessed under pro- visions of Section 305¢) .. $30.00 each 3. Inspections for which no fee is specifically indicated.. $30.00 per hour (minimum charge - one-half hour) 4. Plan review fees when a plan is re- quired by code, per hour of review time ............... $20.00 per hour (minimum of one-hour ~harge end charg- ed in ¼-hour increments beyond the first hour; plans which must be sent to Kan- sas City for review will be charged for ten (10) hours of review time) 5. Additional plan review required by changes, additions or revisions to approv- ed plans ............ $20.00 per hour (minimum charge -- one-half hour) Section 3. This ordinance shall be in full force end effect on and after July 1, 1988 after its adoption and publication as pro- vided by law. Passed, approved and adopted this 29th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 1988. Mary A. Davis City Clerk It 3/10 Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two counc'fl meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the OrdLqance. Seconded by Coundl Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nene. ORDINANCE NO. 11-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING TABLE MOUND NUM- BER 13-A OF CHAPTER 13 RELA- TING TO ELECTRICAL PERMIT FEES AND BY ADOPTING A NEW TABLE NUMBER 13-A RELATING TO ELECTRICAL PERMIT, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 11-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING TABLE NUMBER 13-A OF CHAPTER i3 RELATING TO ELECTRICAL PERMIT FEES AND BY ADOPTING A NEW TABLE NUMBER 13-A RELATING TO ELEC- TRICAL PERMIT FEES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE GITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend. ed by repealing Table Number 13-A of Chapter 13. Section 2. That the Code of Ordinances 65 of the City of Dubuque, Iowa be amend- ed by adopting the following new Table Number 13-A of Chapter 13: TABLE 13-A ELECTRICAL PERMIT FEES Permit Issuance 1. For the issuance of each permit ........................... $10.00 2. For issuing each supplemental permit ...................... 5.00 Minimum Fee Schedule Minimum permit fee (in addition to per- mit issuance fee) .............. 7.50 System Fee Schedule New residential buildings The following fees shall include all wlr- lng and electrical equipment in or on each building, or other electrical equipment on the same premises constructed at the For new multi-family residential buildings (apartments and condomin- iums) having 8 or more living units not including the area of garages, carports, and other noncommercial auto~nobile storage areas constructed at the same time, per square foot ............ 025 For new single and two family residen- tial buildings not including the area of garages, carports and other minor ac- cessory buildings constructed at the same time, per square foot ....... 030 Add 50 per cent for electric heat For uninhabitable areas such as un- finished basements, garages, carports and other types of residential occupan- cies and alterations, additions and modificarions to existing residential buildings, use the unit fee sciiedule. Private swimming pools For new private, residential, in-g~round swimming pools for single family, mulri- family occupancies including a complete set of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar elec- trical equipment directly related to the operation of a swin~ming pool, each ............................ 15.00 Special Session, February 29, 1988 Temporary power service For a temporary service power pole or pedestal including all poie or pedestal- moun~ed receptacle outlets and ap- purtenances, each ............ 7.50 For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative light, Ctnistmas tree sales lots, fireworks stands, etc. each .............. 5.00 Unit Fee Schedule Receptable, switch and lighting outlets For receptacle, switch, lighth~g or other outlets at which current is used or con- trolled, except services, feeders and First 20, each ............... 0.40 Additional outlets, each ....... 0.15 Note: For multi-outlets assemblies, each 5 feet or fraction thereof may be con- sidered as one outlet. Lighting fixtures For lighting fixtures, sockets or other lamp holding devices: First 20 each ................ 0.40 Additional fixtures, each ...... 0.15 For pole m' platform-mounted lighting fixtures, each ................. 0.50 For theatrical-type lighting fixtures or assemblies, each ............... 0.40 Residential appliances For fixed residential appliances or recep- tacie outlets for same, including wall- cooking tops; electric ranges, self- contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; wasbing macbines, water heaters; clothes dryers; or other motor-operated appliances not exceeding one borsepower {HP) in rating, each ....................... 3.00 Note: For other types of air condi- tioners and other motor~driven appliances having large electrical ratings, see .Special Session, capacitors, industrial hearing, air condi- .tioners .and heat pumps, cooking or bak~ ~ng eqmpment and other a as follows: Rating in horsepower (HP), kilowatts (KW), kilovolt-amperes (KVA), or kilovolt-amperes-reactive (KVAR): Up to and including 1, each ...... :: Over 1 and not over 10, each .... 4.00 Over 10 and not over 20, each... 6.00 Over 90 and not over 30, each... 8.00 Over 30, each ......... 8.00 + 0.15/h Note: 1. For equipment or appliances having more than one motor, transformer, heater, etc,, the sum of the combined ratings may be used. 2. These fees include all switches, cir- cuit breakers, contactors, thermostats, reis? and other directly related control eqmpment. Busways For trolley and plugdn-type busways, each 100 feet or fraction thereof... 0.15 Note: An additional fee will be required for lighting f~xtures, motors and other ap- pliances that are connected to trolley and ping-in-type busways. No fee is required for portable tools. Signs, outline lighting and marquees Neon signs, first transformer or sign over 2 sockets ................ 5.00 Each additional transformer or ballast Gasoline sales equipment Each gasoline pump or dispenser.. 5.00 Services For services of 600 volts or less and 0 to 100 AMPS: ........... 5.00 Over 100 to 400 AMPS ...... 8.00 29, 1988 66 Miscellaneous apparatus, conduits and conductors For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is here~n set forth ........................ 7.50 Note: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, aPpliances, power ap- paratus, busways, signs or other equipment. Miscellaneous fees not covered elsewhere For each reinspectlon made necessary by faulty construction ......... 15.00 For annual permit at $10.00 per month, yearly .................... .. 120.00 For failure to report to Building Ser- vices Division an electrical installation for inspection, for rough-in or COmpletion, a fee shall be assessed against the per- mit holder ................... 15.00 For failure to be able to make inspec- tion because of incorrect address 15.00 For fire alarm sysinms ....... 15.00 For security alarm systems... 15.00 For factory inspection of electric signs and/or construction plan review (mini- mum charge -- I hour), per hour. 15.00 Inspections for which no fee is speci- fically indicated (minimum charge -- ¼ hour), per hour ............... 15.00 Section 3. This ordinance shall be in full force and effect on and after July 1, 1988 after its adoption and publication as pro- vided by law. Passed, approved and adopted this 29th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 1988. Mary A. Davis It 3/10 City Clerk Over 400 to 600 AMPS...:.. 12.00 Council Member Simon moved that Over 600 to 1,000 AMPS .... 16.00 this be considered the first reading of the Ordinance, and that the requirement that For services over 600 volts or over a proposed Ordinance be Considered and 1',000 amperes in rating, each... 25.00 voted on for passage at two council 67 Special Session February 29, 1988 meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simor Voetberg. Nays--None. ORDINANCE NO. 12-88 AN ORDINANCE AMENDING CODE OF ORDINANCES BY REPEALING SECTION 7-23(a) RELATING TO THE FEE FOR THE REDEMPTION OF AN IMPOUNDED DOG OR CAT AND BY ADOPTING A NEW SEC- TION 7-23(a) RELATING TO THE FEE FOR THE REDEMPTION OF AN IMPOUNDED DOG OR CAT, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 12.88 AN ORDINANCE AMENDING TH~ CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY RE- PEALING SECTION 7-23(a) RELA- TING TO THE FEE FOR THE RE- DEMPTION OF AN IMPOUNDED DOG OR CAT, AND BY ADOPTING A NEW SECTION 7-23(a) RELATING TO THE FEE FOR THE REDEMP- TION OF AN IMPOUNDED DOG OR CAT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tim Code of Ordinances of the City of Dubuque, Iowa be amend- ed by repealing Section 7-23(a). Section 2. That the Code of Ordlnmlces of the City of Dubuque, Iowa be amend- ed by adopting the following new Section 7-23(a): Sec. 7-23. Redemptinn. "(a) Except as otherwise provided, the possession of any licensed dog or cat seiz- ed or impounded pursuant to this Arti- cle may be obtained by the owner by pay- mg the sum of twenty dollars ($20.00) plus the separate dally fee for keeping such dog or cat each day or ffactiou thereof during the time that such dog or cat is impounded, Upon the second subsequent impound- ment of the stone animal witlfin 365 days, an impoundinent charge of thirty dollars ($30.00) shall be assessed, plus the separate dally fee for keeping such dog or cat each day of fraction thereof dur- ing the time which said dog or cat is impounded." Section 3. This Ordinance shall be in full force and in effect July 1, 1988, after its final adoption and publication as pro- vided by law. Passed, approved and adopted this 29th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this llth day of March, 1988. Mary A. Davis City Clerk It 3/11 Council Member Simon moved that this be considered the first reading of the Ordfl~anee, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prinr to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 13-88 AN ORDINANCE AMENDING CODE OR ORDINANCES BY REPEALING SECTION 36-43(d) RELATING TO PERMIT AND INSPECTION FEE FOR A PRIVATE SEWAGE DIS- POSAL SYSTEM AND BY ADOPT- ING A NEW SECTION 36-43(d) RE- LATING TO THE PERMIT AND IN- SPECTION FEE FOR A PRIVATE SEWAGE DISPOSAL SYSTEM, pre- sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 13.88 AN ORDINANCE AMENDING THE Special Session, February 29, 1988 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36-43(d) RELATING TO THE PERMIT AND INSPECTION FEE FOR A PRIVATE SEWGE DISPOSAL SYSTEM AND BY ADOPTING A NEW SECTION 36-43(d) RELATING TO THE PERMIT AND INSPECTION FEE FOR A PRIVATE SEWAGE DISPOSAL SYSTEM. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by repealing Section 36-43(d). Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adopting the following new Section 36-43(d): Sec. 36-43. Permit required; applica- tion, form, and fee for permit. "(d) A permit and inspection fee of one hundred dollars ($100.00), shall be paid to the City at the time the applica- tion is filed." Section 3. This Ordinance shall be in full force and in effect immediately upon /ts final adoption and publication as pro- vidad by law. Passed, approved and adopted this 29th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tl~s 3rd day of March, 1988. Mary A. Davis City Clerk It 3/3 Council Member Simon moved that th~s be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which iS is to be finally adopted be suspended 68 and further raovad final adoption of the Ordinance. Seconded by Council Member Seconded by Council Member Krieg. Car~ tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- net, Krieg, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 14-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY RE- PEALING SECTION 16-36(a) RELAT- ING TO THE PERMIT FEE FOR MILK PLANTS, AND SECTION I6-36(d) RELATING TO THE CREDIT AGAINST THE PERMIT FEE AND BY ADOPTING A NEW SECTION I6-36(a) RELATING TO SUCH PER- MIT FEES, AND A NEW SECTION 16-36(d) RELATING TO THE CREDIT AGAINST SUCH PERMIT FEES, pre- sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 14.88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 16-36(a) RELATING TO THE PERMIT FEE FOR MILK PLANTS, AND SECTION 16-36(d) RELATING TO THE CREDIT AGAINST THE PERMIT FEE AND BY ADOPTING A NEW SECTION 16-36(a) RELATING TO SUCH PER- MIT FEES, AND A NEW SECTION 16-36(d) RELATING TO THE CREDIT AGAINST SUCH PERMIT FEES. NOW, THEREFORE, BE IT OR- DA/NED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend, ed by repealing Section 16-36(a) and Sec- tion 16-36(d). Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be an~end- ed by adopting the following new Section 16-36(a) and Section 16-36(d): Sec. 16-36. Permit fees. "(a) Every person that operates a milk plant and brings into, sends into, or receives in the City milk or milk products 69 SPecial Session. February 29, 1988 shall pay a monthly permit fee of two and three-quarters cents (50.0275) for each one hundred (100) pounds of such milk or milk products to the officer authoriz- ed to investigate the accuracy of the per- mit fees paid hereunder. (d) Any person who shall have paid a fee to any municipality which enforces standards eqhlvalcnt to the requirements of this Section shall be entitled to a credit against the permit fee established herei~ in the amount so paid but not in excess of two and three-quarter cents ($0.0275 per one hundred (100) pounds of milk or mklk products; provided however, that La order to be entitled to such credit, the permit holder shall first exhibit satisfac- tory evidence of such pay~nent to such other municipality and that such muhlci- polity extends reciprocal credits against its fees for amonnts paid to this City. Provisions of this Section shall be applicable for all volumes of Grade A milk and milk products brought into, sent into, or received in the City on and after July 1, 1988." Section 3. Tbis Ordinance shall be in full force and in effect July 1, 1988, after its final adoption and publication as pro- vided by law. Passed, approved and adopted this 14th day of February, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of March, 1988. Mary A. Davis City Clerk It 3/11 Council Member Simon moved that this be considered the first readhlg of the Ordhlance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordlnm~ce. Seconded by Cotmcll Member' Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 15418 AN ORDINANCE AMENDING CODE OF ORDINANCES BY REPEALING SECTION 36-161 THEREOF RELAT- ING TO THE RATES CHARGED FOR WATER FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND OTHER USES, AND BY ADOPTING A NEW SECTION 36-161, RELATING TO THE RATES CHARGED FOR WATER FOR RESIDENTIAL, COM- MERCIAL, INDUSTRIAL AND OTHER USES, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 15-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36-161 THEREOF RELATING TO THE RATES CHARGED FOR WATER FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND OTHER USES, AND BY ADOPTING A NEW SEC- TION 36-161, RELATING TO THE RATES CHARGED FOR WATER FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND OTHER USES. NOW, TIIEREFORE, BE IT OR; DAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by repealing Section 36-161, Residen- rial, Commercial emd Industrial Uses. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adopting the following new Section 36-161. Section 36-161. Residential, Commer- cial and Industrial Uses. (a.) Commencing with all billings on and after July 1, 1988, the rates to be charged for water for residential, com- mercial, industrial and other uses and purposes by any person, firm or corpora- tion supplied water within the City shall be fixed and determined as follows: ..__.__~Special Session, 1. Water rates for users within the City whose meters are read monthly shall be as follows: Charge Per Huadred Consumption Cubic Feet Fffst 3,000 $I.24 Next 13,000 1,03 Nex~ 35,800 Nax~ 50,000 0.93 Over 100,00O 0.83 . 0.72 The minimum monthly charge accord- ing to the size of the meters sball be as follows: b. Commencing with all billings on and after July 1, 1988, the rates to be charged for water supplied by the City Water Division to residential, commer- cial, industrial and other uses and pur- poses by any person, firm or corporation outside the corporation limits of the City of Dubuque, Iowa, shall be at one hun- dred fifty percent (150%) of the rates set forth in paragraph (a)(1). c. For all meters in service, bills will be issued monthly; When a meter is not read monthly for any reason, bills will be issued on estimated consumption, For estimated billings, either on alternate months or when readings are not ob- tolnable for any reason, consumption will be predicated on monthly average of past usage for the meter. For estimated bills issued for an account in whicf hister/cal data is not available, billing will be predicated on the minhnum charge m~d related consumption iden- tified for the size of the meter in service for the particular account. d. Adjustments from estimated readings will be made when an actual meter reading is obtained. The adjust- ment will be reflected on the user's next regular bill. ~ 29, 1988 70 e~ If requested by the customer, a remote reading device may be installed and billed on an installment contract over a maximum of a six month period. Section 3. This Ordinance shall be in full force and effect on and after July 1, 1988, after its adoption and publication as provided by law. Passed, approved and adopted this 29th day of February, 1988. Jmnes E. Brady Mayor ATTES~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of March, 1988. Mary A. Davis It 3/11 City Clerk Council Member Simon moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Khiesner, Krieg, Pratt, Simon, Voetherg. Nays--None. ORDINANCE NO. 16--88 AN ORDINANCE AMENDING CODE OF ORDINANCES BY RE- PEALING SECTION 17-36 THERE- OF RELATING TO CHARGES AND FEES FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE, AND BY ADOPTING A NEW SECTION 17-36 RELATING TO THE CHARGES AND FEES FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE, pre. sented and read. IOFFICIAL PUBLICATION) ORDINANCE NO. 16418 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY 71 Special Session February 29, 1988 REPEALING SECTION 17-3~ THEREOF RELATING TO CHARG- ES AND FEES FOR THE COLLEC- TION AND DISPOSAL OF GAR- BAGE AND REFUSE, AND BY ADOPTING A NEW SECTION 17-36 RELATING TO THE CHARGES AND FEES FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tbat the Code of Ordinances of the City of Dubuque. Iowa be amend- ed by repealing Section 17-36, Charges- Amounts; Exceptions. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by adopting the foIlowfug new Sec- tion 17-36. Section 17-36. Charges-Amounts Exceptions (a) Class I premises. Except as qualified below, a fee of four dollars and zero cents ($4.00) per month shall be charged by the City and collected from each property owner of a class I premises for such services effective July 1, 1988, Said charges or fee shall be in payment for collection and disposal of garbage and refuse as defined. Exceptions to the collection charges for class I premises are as follows: (1) When a class I premises have been vacant for a period of three (3) con- secutive months or longer, the owner may apply for a credit under procedures to be established by the City Manager. Such exemptions shall continue only so long as the class I premises is vacant. (2) Class I premises when the head of the household is sixty-five (65) years or older and with a per family income of ten thousand six hundred dollars ($10,600.00) or less, may, upon applica- tion be exempted from one-half the established collection charge. Subse- quent to initial application and ellgibiI- ity, annual application must be made on July first of each year to verify annual income and eligibility. (3) In cases of ext~eme financial hardship, the City Manager may, and is hereby authorized and empowered to make adjustments in the monthly col- lection charge. In such cases, the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship as he/she may deem necessary. (b) Class II promises. The City shall continue to collect from class II premises currently receiving such service. The charge for such collection service shall be based upon the average weekly quan- tity of garbage and refuse being col- lected, as determined by the City Manager. The rate charge shall be a multiple of the rate charged class I )remises as follows: (1) Zero (0) to one hundred twen- ty (120) gallons of garbage m~d refuse per week shall be charged the class I premises rate times one (1). (2) The next one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times seventy-five one-hundredths {0.75). (3) All additional units of one hun- died twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times five-tenths (0.5). A class II premises no longer wishing to be served by City garbage and refuse collection shall provide the City with thirty (30) days written notice of its in- tent to terminate the service. Such ter- mination of service shall be effective with the next billing period. Section 3. This ordinance shall be in full force and effective on July 1, 1988 after its adoption and publication as pro- vided by law. Passed, approved and adopted this 29th day of February, 1988. James E. Brady Mayor ATTES'fi Mary A. Davis City Clerk Special Session February 29, 1988 Published officially in the Telegraph Herald newspaper this 11th day of March, 1988. Mary A. Davis City Clerk It 3/11 Council Member Simon moved that this be considered the first reading of the Ordinance. and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which its is to be finally adopted be suspend- ed and further moved final adoption of the Ordfuanca Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nona There being no further business, Coun- cil Member Pratt moved to adjourn. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Krieg, Pratt, Simon, Vcetberg. Nays--None. Meeting adjourned at 8:45 EM. Mary A. Davis City Clerk Approved-- _1988 Adopted 1988 Mayor Councfi Members ATTESt. City Clerk 72