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1986 January Council ProceedingsRegular Session, January 6, 1986 CI OFFICIAL Regular Session, January 6, 1986. Council met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Khieaner, Krieg, Man- ning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Kronfeldt. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING OF THE CITY COUNCIL called for the purpose to act upon such business which may properly come before the Council. Let the record show that each newly elected official had taken their written oath of office before December 31, 1985. City Clerk Davis did swear in Mr. James E. Brady as mayor. Mayor Brady swore in Mr. Donald Deich and Mrs. Kathryn Krieg as Coun- cil Members and Ms. Barbara Manning as Mayor pro-Tern. RESOLUTION NO. 1-86 RESOLUTION REAFFIRMING THE APPOINTMENT OF THE CITY MANAGER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the appointment of W. Kenneth Gearhart, as City Manager'for the City of Dubuque, Iowa, be hereby affirmed in accordance with the terms and con- ditions contained in employment agree- ment executed and approved on the 12th day of April, 1982. Passed, adopted and approved this 6th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Simon. Nays--None. Absent--Council Member Kronfaldt. RESOLUTION NO. 2-86 RESOLUTION PROVIDING FOR THE APPOINTMENT OF A CITY CLERK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: In accordance with Chapter 372.1313) of the Code of Iowa, 1985, as amended, the City of Dubuque, Iowa does hereby appoint the following as City Cork for the City of Dubuque, for the purpose to perform the duties of said position as re- quired by State and CiW Laws. CITY CLERK -- Mary A. Davis Passed, adopted and approved this 6th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the resolution. Seconded by Council Member Deich. Catied by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 3-86 RESOLUTION PROVIDING FOR THE APPOINTMENT OF A LEGAL STAFF FOR THE CITY OF DUBUQUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That in accordance with Chapter 2 Ar- ticle III Division 5 of the Code of Or- dinances, City of Dubuque, the follow- ing shall be appointed as the Legal Department for the City of Dubuque for the purpose to perform the duties of seld department as required by State and Local Laws. CORPORATION COUNSEL -- Barry Regular Session A. Lindahl; CITY SOLICITOR -- William G. Blum; ASSISTANT ~ITY AT1Y)RNEY -- James A. (Tim) O'Brien Passed, adopted and approved this 6th day of January, 1986. 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 M. embers Deicb, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Canncil Member Kronfaldt. RESOLUTION NO. 4-86 RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER OF THE CITY OF DUBUQUE, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: In accordance with Chapter 618 of the Code of Iowa, 1985, as amended, the following shall be designated as the Of- ficial Newspaper of the City of Dubuque, Iowa, for the purpose of publication of notices and reports of proceedings as re- quired by law. TELEGRAPH HERALD Passed, adopted and approved this 6th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Man, bet Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. PROCLAMATION - Month of January as "Global Awareness Month" received by Latha Bonneweli. January 6_______A1986 Council Member Kluesner moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone south end of Richards Road Extension from "AG Agricultural" to "PR Planned Residential" District, ~resented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Mr. Dick Henschel addressed the Council and requested favorable con- sideratinn of the rezoning of the proper- ty. Council Member Kluesner moved that the proof be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 1-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIi FYING HEREINAFTER DESCRIBED PROPERTY AT THE SOUTH TER- MINUS OF RICHARDS ROAD PENSION FROM AG "AGRICULTURAL DISTRICT"TO PR "PLANNED RE SIDENTIAL DISTRICT", said Ordinance having been presented and read at the Council Meeting of December 16, 1985, presented for final adoption. ORDINANCE NO. 1-86 AN ORDINANCE OF THE CITY Regular Sessior OF DUBUQUE, IOWA, PROVIDING THAT~ THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF ALSO KNOWN AS ZONING MAP OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED pROPERTY AT THE SOUNTH TERMINUS OF RICHARDS ROAD EXTENSION FROM AG "AGRICULTURAL DISTRICT"TO PR "PLANNED RESIDENTIAL DISTRICT". WHEREAS, Richard C. Henschel, owner and applicant, filed an application for reclassification of said property from AG Agricultural District to PR Plann- ed Residential District and has filed a Conceptual Development Plan for cer- tain property hereinafter described in ac- cordance with provisions of the Plan- ned Residential District regulations as set forth in Section 8-6.1D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a Public Hearing on said Conceptual Development Plan and said application for zoning reclassification pursuant to required published notice; and WHEREAS, the Commission has found that said property is located ad- jacent to and is accessible through an established residential neighborhood by means of the private road known as Richards Road extension; and WHEREAS, the Planning and Zoning Commission has approved said Concep- tual Development Plan and said applica- tion for zoning reclassification subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-1.6D(4) of the Code of Ordinances, Ap- pendix A thereof, of the City of Dubu- que, Iowa; and WHEREAS, the Planning and Zoning Commission recommended the concur- rence of the City Council ond approval of said application of zoning reclassifica- tion; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own Fublic Hearing on said Conceptual Development Plan and said application of zoning reclassification; January 6, 1986 WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own Public Hearing on said conceptual Development Plan and said application for zoning reclassification pursuant to required published notice; and WHEREAS, the City Council has ap- proved said Conceptual Development plan and said application for zoning reclassification subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ow dinances of the City of Dubuque, Iowa be amended by revising Appendiz A thereof, also hnown as the Zoning Ow dinance and Zoning Map of the City of Dubuque, Iowa; by reclassifying from "AG Agricultural District" to "PR Planned Residential District" the follow- ing described property, to wit: All of Block 2 in Henschel' s Additlor~ except the northerly 600 feet hnown as Richards Road Extension, in the city of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the "PR Planned Residential Dis trict" and of the Zoning Ordinace, the porperty herein above described and reclassified are so reclassified subject to the following con- ditions and restrictions: (a) Use Regulations. The following regulations shall apply to all uses made of land in the above described Planned Residential District: (1) Principal permitted uses shall be limited to single - family detached dwell- ings, with a maximum of two dwellings for the entire four acre parcel. (2) Accessory uses, conditional uses and temporary uses shah be the same as allowed by the R-1 Single-Family Residential District. (3) No secondary or contingency uses shall be permitted. (b) Lot and Bulk Regulations. Development of land in this particular PR planned Residen5al District shall be regulated as follows: (1) Each lot shall be established with 3 2 Regular Session a minimum lot frontage of 60 feet. (2) Structures shall not cover more than 40 percent of each lot. {3) The required yards shall be established at a minimum of 20 feet for a front yard, 6 feet for a side yard and 20 percent of lot depth for a rear yard. (4) No building or structure can exceed 30 feet in height. (c) Transfer of Ownership. Any transfer of ownership or lease of prope~ ty in the Planned Residential District shall include in the transfer or lease agreement, a provision that the pu~ chaser or leasee acknowledges awareness of the conditions authorizing the establishment of the specific PR Planned Residential District. Section 3. That approval of the Con- ceptual Development Plan shall be valid for a period of three (3) years provided that after the first year, if no Final Development Plan has been filed, the Commission or Council may require the resubmission of a conceptual Develop- ment Plan in conformity with the pro- cedures and standards of Section 3-1.6 of the Code of Ordinances, Appendix A thereof, the City of Dubuque, Iowc~ also known as the Zoning Ordinance and Zoning Map of the City of Dubuque, lowa and further that a final site development plan shall be approved by the City Development Planner if found to be in conformance with the approv. ed Conceptual Development Plan. Passed, adopted and approved this 6th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this i0th day of January, 1986. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Man- ning, Simon. Nays--None. January 6, 1986 Absent--Canncfl Member Kranfeldt. Petition of Bob Krayer, Senior Transportation Planner of ECIA re- questing Dubuque County and City of Dubuque file a Joint Application for R.I.S.E. funding toward the Northwest Arterial for a February 1, 1986 con- sideration by the Iowa DOT, presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueenar, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. Communication of City Manager re- questing Council approve preparation of on application for R.I.S.E. Funding for the Northwest Arterial and to cor- respondingiy request Dubuque County to finanalnily participate in the project, presented and read. Council Member Khiesner moved that the communica- tion be received and filed and approve preparation of application and request Dubuque County to participate. Second. ed by Council Member Delch. C~rried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing Council authorize and direct the Mayor to execute an Assurance Statement with the Iowa DOT, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cfi Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 5-86 Regular Session, January 6~ 1986 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTA' TION ON RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL-AID PROJECTS WHEREAS, Iowa Department of Transportation has requested the City to execute an agreement stipulating that the City will comply with the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, on federal-aid to transportation projects; and WHEREAS, such a statement must be on file with the Iowa Department of Transportation in order for the City to be in compliance with the federal-aid projects for transpor~atinn purposes and to be eligible for federal transportation funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor be agreement with the Iowa Department of Transportation stipulating that the Ci- ty of Dubuque will comply with the federal regulations relative to acquisi- zion of property for transportation pu~ poses, for which federal funds are involved. Passed, approved and adopted this 6th day of January, 1986. James E. Brady Mayor ATTEST: 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, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing Council approve following Resolution, presented and read. Coun- all Member Kinesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. RESOLUTION NO. 6-86 A RESOLUTION AUTHORIZING ECIA BUSINESS GROWTH, INC. TO LOAN $53,000 FROM THE CITY OF DUBUQUE'S PORTION OF THE EDA REVOLVING LOAN FUND TO DUBU- QUE DATA SERVICES COMPANY. WHEREAS, the City of Dubuque has funded a part of the local match of an Loan Fund IRLF) which is administered by ECIA Business Growth, Inc.; and WHEREAS, Dubuque Data Services Company has requested a loan of $102,000 from the RLF for acquisition of computer equipment; and WHEREAS, Dubuque County has authorized the loan of $49,000 from its portion of the RLF; and WHEREAS, ECIA Business Growth, Inc. has requested that the City of Dubuque authorize it to loan Dubuque ' the balance of the funds requested from the City of Dubuque's portion of the RLF; and WHEREAS, the City Manager and Staff have reviewed the Dubuque Data Services Company project and have recommended that the City support said NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ECIA Business Growth, Inc. is hereby authorized to loan to Dubuque Data Services Company $53,000 from the City of Dubuque's pot- tion of the EDA Revolving Loan Fund. Section 2. That the City Clerk is hereby directed to notify ECIA Business Growth, Inc. of said authorization by transmitting a certified copy of this Resolution. Passed, approved and adopted this 6th day of January, 1986. James E. Brady Mayor Regular Session, January 6, 1986 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 M. embers Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of Park and Recrea- tion Commission Chairperson re- questing consideration be given for representation of the Commission on the committee regarding development of Chaplain Schmitt Memorial Island, presented and read. Council Member Deich moved that the communication be received and filed and approved con- sideration that a member of the Park and Recreation Commission be a member of the committee with the Com- mission to submit a na~ne. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 7-86 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approvai and the same have been exo~nined and approved; and WI-IEREAS, the premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and ail City Ordinances rele- rant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appfi- cant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQOUR LICENSE Phillip R. Love (Also Sunday Sales) The Lounge 481 Locust St. Passed, adopted and approved this 6th day of January 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 8-86 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the )roviaions of law relating to the sale of Cigarettes with in the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. The Rib Tickler, Inc. 1895 J.F.Kennedy Rd. The New French Cafe 225 W. Sth St. Passed, adopted and approved this 6th day of January 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Counci~ Members Daich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. MINUTES SUBMITTED: Cable Teleprogramming of 12-17; Cable TV Regulatory of 12-17; Dock Com~nlssion Regular Session, January 6, 1986 of 12-10; Dubuque In Futuro, Inc. Board of Directors of 11-14; Dubuque In- Futuro, Inc. Annual Meeting of tbe Corp. of 11-14; Historic Preservation Comm. of 12-17; Housing Comm. of 12-17; Planning and Zoning Comm. of 12-4; Public Library of 11-19; Transit Board Earnings Statement and Statistics for month of November, 1985; Zoning Board of Adjustment of 12-12, presented and read. Council Member Deich moved that the minutes be receiv- ed and filed, Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, l~rieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. NOTICES OF CLAIMS AND SUITS: Barbara Callahan in amount of $394.39 for backed-up sewer damages; Theresa Dausener in unknown amount tot per- sonal injuries; Stephen A. DeWitt in amount of $525 plus storage charges; Rosanne Geselbracht in amount of $91 for personal injuries; Ronaid Key, Sr. in est. Amount of $374.19 for car damages; Carol and Gary Lewis in amount of $3000 for personalinjuries; Lyle R. Link in est amount of $366.06 for car damages; Randy Olsen in amount of $84.73 for car damages; Joyce Risley in amount of $17.21 for car damages; Col- leen Rupert in amount of $25,000 for personal injuries; Judith Ann Birch in amount of $25,000 for personalinjuries, 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 Manning. carried by the tollowing vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Manning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of Corporation Counsel recommending settlement of property damage claim of Ronald Neyens in amount of $11.98, presented and read. Council Member Daich mov- ed that the communication be received and filed and Finance Director to issue the proper check. Seconded by Council Member Manning. carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communications of Corporation Counsel recommending closure of follow- [ lng claims: Sewer claim of Bill and [ Darlene Manse; Property damage claim [ of StephenC. Krumpe; Property damage :laim of Mike Finnin Ford; Property damage claim of Roger and Juanita Kremer; Sewer backup claim of Gayle Fuller; Property damage claim of Douglas Brehm presented and read. Council Member Deich moved that the communications be received and filed and closings approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. REFUNDS REQUESTED: Tammy ]dens and pamela Knourek, $50 on unexpired Cigarette License; Do, Inc. $50 on unexpired Cigarette License, presented and read. Council Member Deich moved that the refunds be ap- proved and Finance Director to issue the proper check(s). Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Dan Ibsen submitting resignation from Historic Preservation Commission effective January 1, 1986, presented and read. Council Member Daich moved that the communication be received and ill- ed and resignation accepted with regret. Seconded by Council Member Manning. Carried by the following vote: Regular Session January 6, 1986 Yeas--Mayor Brady, Council Members Daich, Klueener, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. City Manager submitting Financial Reports for the month of November 1985, presented and read. Council Member Daich moved that the reports be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor .Brady, Council Members Delch, Khiesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. December 16, 1985 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1985 Code of Iowa, as amended, the Civil Service Commission conducted written examinations for the position of WATER PLANT OPERATOR on Thursday, December 5, 1985. We hereby certify that the following have suc- cessfully passed the exam and are to be considered for this position. Behning, Karl F.Weiderfolt, Donald F. Mai, James R. Sweeney, John F. Haxmeier, William A.Beaves, David M. Bradfield, Duane F.Nanman, Herman J. Bylund, Thomas W. Ham, Jeffery G. A second list is available if needed. Respectfully submitted, Gerald J. Koppes Chairperson Dolores A. Reihle John E. Hess Civil Service Commission ATTEST: Mary A. Davis Secretary Council Member Deich moved that the certification be made a matter of record. Seconded by Council Member Manning. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager recommending acceptance of the in- stellation of the heating, ventilating and air conditioning system at the Five Flags Theatre project, presented and read. Couanfl Member Daich moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. ACCEPTING IMPROVEMENT RESOLUTION NO. 9-86 WHEREAS, the contract for tho Five Flags Theatre HVAC Retrofit has been completed and the City Manager has ex- amined the work and fried his certificate stating that the sam9 has been com- pleted according to the terms of the con- tract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- )roved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Revenue Sharing Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed~ adopted and approved this 6th day of January 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Man- nlng~ Simon. Regular Session, January 6, 1986 Nays--None. Absent--Council Member Kronfaldt. FINAL ESTIMATE RESOLUTION NO. 10-86 WHEREAS, the contract for the Five Flags Theatre HVAC Retrofit has been completed and the City Engineer has submitted hes final estimate showing the cost thereof including the cost of estimates, notices and inspection and all mlsceilaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $89,440.00 and that said amount shall be paid from the Revenue Sharing Fund of the City of Dubuque, Iowa. Passed, approved and adopted, this 6th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Councli Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager sub- mitting response to letter of Lois Pusateri et al objecting to public road fronting the barn at Flora Park closure presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Mmaning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Couanil Member Kronfeldt. William Dix of 405 Hill St. requested some definite snow removal plaus for Ci- ty streets. Bob Wilhelm of 17011/2 Cen- tral questioned procedure for unshovel- ed sidewalks. Consensus of Council set up a Work Session re: snow removal pro~ ~edure on 1-13-86 at 7:30 p.m. There bein~ no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Mary A. Davis City Clerk Approved __ 1986 Adopted _ 1986 Mayor Council Members ATTEST: City Clerk 10 Regular Session, January 20, 1986 BOARD OF HEALTH OFFICIAL Regular Session, January 20, 1986. Board Met At 7:25 P.M. Present: Board Members Brady, Deich, Kluesner, Krieg, Kronfeldt, Man- n~ng, Simon. Board of Heaith Chair James E. Brady read the cail and stated that ser- vice thereof had been duly made and fids is the REGULARLY SCHEDULED MEETING of the BOARD OF HEALTH called for the purpose to act upon such business which may proper- ly come before the Board of Health. Board Member Kluesner nominated James E. Brady as Chair of the Board of Health for the c~lendar year 1986. Seconded by Board Member Simon. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Board Membor Kluesner nominated David Simon as Vice-Chair of the Board of Health for the calendar year 1986. Seconded by Counc'd Member Manning. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Board Member Kluesner moved to adjourn. Seconded by Board Member Simon. Car- tied by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 7:32 p.m. Mary A. Davis Secretary, Board of Health Approved 1986 Adopted 1986 Chair, Board of Health Board Members ATTEST: Secretary, Board of Health 11 12 Regular Session January 2__.__0, 1986 CITY COUNCIL OFFICIAL Regular Session, January 20, 1986. Council Met At 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Cor- poratlon Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this meeting is the REGULARLY SCHEDULED MEETING of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Rev. Kurt Pasko, Chaplain of the University of Dubuque. PROCLAMATION: January 22, 1986 as "Dubuque School Nurse Day" receiv- ed by Patrice Lambert. Communication of Planning and Zon- ing Commission approving Conceptual Development Plan for the PR planned Residential District Development of "Oak Meadow" ILocated west of Brun- skill Road), presented and read. Coun- cil Member Simon moved that the com- munication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Daich. An ORDINANCE adopting a Concep- tuol Development Plan for property described on Brunskiil Road, known as "Oak Meadow" and currently zoned PR Planned Residentiel District, presented and read. Council Member Simon moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Kronfeldt Manning, Simon. Nays--Council Member Deich. Council Member Simon moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. Council Member Simon moved that a Public Hearing be held on the Ordinance on February 3, 1986 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Coun- cil Member Krieg. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. Communication of Planning and Zon- lng approving rezoning request of Con- inental Baking Co. for property located at 503-507 Garfield Ave., presented and read. Council Member Simon moved ;hat the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE amending Appen- dLx "A" of the Code o~ Ordln~ces by reclassifying property at 503-507 Gar- field Ave. from R-2A Alternate Two- Family Residential District to C-2 Neighborhood Shopping Center District, )resented and read. Council Member Simon moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Council Member Simon moved that the rule requiring an Ordinance to be 13 Regular Session, January 20, 1986 presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Council Member Simon moved that a Pubfic Hearing be held on the Ordinance on February 3, 1986 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk pubfish notice in the manne~ prescribed by law. seconded by Council Member Deich. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mit ting Resolutions to initiate the public bidding procedures for the removal of silt from the 32nd Street Detention basin, presented and read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 11-86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifica- tions, form of contract and estimated cost for the Removal of Silt from the 32nd Street Detention Basin, in the estimated amount of $40,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of January, 1986. 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, Kronfeldt, Manning, Simon. Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 12-86 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec~ tion of the Removal of Silt from the 32nd Street Detention Basin. NOW, THEREFORE, BE IT RESOLVED that on the 3rd day of February, 1986, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of s~id improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be pubfished in a newspaper having general circulation in the City of Dubu- qua, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its con- sideration. At the hearing, any in- terested person may appear and file ob- jections to the proposed plans, specifica- tiona, contract, or estimated cost of the improvement. Passed ado ted d , p an approved this 20th day of January, 1986. 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 tho following vote: Yeas--Mayor Brady, Council 14 Regular Session, January 20, 1986 Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None; ORDERING BIDS RESOLUTION NO. 13-86 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Removal of Silt from the 32nd Street Detention Basin is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to aecom- pany each bid shall be in an amount widch shall conform to the provisions of the no~ce to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubu- que, 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 28th day of January, 1986. 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 3rd day of February, 1986. Passed, adopted and approved this 20th day of January, 1986. 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, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing Council to discuss the merits of an application for RISE funding for the completion of the Northwest Arterial from Asbury Road to U.S. 52, presented and read. Council Member Kronfaldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None, Communication of Board of Super- visors submitting their resolution pledg- lng their cooperation in the application for RISE monies for completion of the Northwest Arterial from Asbury Road to U.S. No. 52, presented and read. Council Member Kronfoldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Deich moved that the Northwest Arterial is essential for the City of Dubuque, to include in the statement that if it becomes necessary to withdraw in perference to U.S. 61 we will do so, and an application to be fo~ warded to the IA DOT at this time. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kronfeldt, Simon. Nays--Council Members Kluesner, Krieg, Manning. Communication of City Manager re- questing Council to review their decision of July 19, 1983 relative to the selection of an Alternate for U.S. 20 (Dodge Street) from Bluff Street to Concord St. to either reaffirm their position relative to Alternate #1 or if there is a change, make this knowledge av~lable to the Iowa DOT, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and reaffirm Council's action to ac- cept Alternate #1 as approved at meeting of July 19, 1983. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, 15 Regular Session, January 20, 1986 Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mit tlng Ordinance regulating the place- ment of freestanding refuse collection receptacles by Browning-Ferris Industries of Iowa (BFI) on public streets and in alleys, presented and read. Council Member Simon moved that the communication be received and ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. D. Michael King, Attorney for BFI, spoke to the specifics of the proposed Ordinance. An ORDINANCE authoriz- Lng Browning-Ferris Industries of Iowa, /nc. to maintain refuse collection recep- tacles in various public streets and alleys in the City of Dubuque, Iowa, presented and read. Council Member Simon moved that the reading just had be considered the first reading of the Ordinance, that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with, and final adoption of the Ordinance. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--None. Nays--Mayor Brady, Counci: Members Deich, Kluesner, Krieg, Kronfeldt, Marm/ng, Simon. MOTIONS FAILED. Council Member Kronfeldt moved that the Ordinance be returned to staff for update to clarify the concerns ex- pressed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Park and Recrea- tion Commission Chairperson recom- mending the entire Schmitt Island Park & Recreation Complex be named in honor of Gerald "Red" McAleece and that the baseball field therein be nm'n- ed in honor of John Petrakis with the three complex softball fields remaining unnamed until there is input from the public, presented and read. Council Member Kronfeldt moved that the com- munication be received and filed and ap- proved request of Park and Recreation Commission for n~unLng of complex as Gerald "Red" McAleece and baseball field as "Johnny Petrakis Field". Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Ordinance revising the City Code governing the operation and registration of bicycles, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfaidt, Manning. Simon. Nays--None. An ORDINANCE amending the Code of Ordinances by enacting new Sections 9-1, 9-5 thru 9-23 and 9-30 thru 9-40 in lieu thereof providing for regulating the operation of bicycles on streets, bike lanes and sidewalks emd for registration of bicycles, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance, that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with and final adoption of the Ordinance. Seconded by Councll Member Simon. Carried by the following vote: ~ Yeas-- Council Members KLnesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Krleg, Sbnon. MO- T/ON FAILED. Council Member Kronfeldt moved to return the Ordinance to staff. Second- ed by Council Member Simon. Carried by the following vote: 16 Regular Session, January 20, 1986 Yeas Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, Nays--None. Communication of City Manager sub- mitting two Ordinances authorizing ad- ditional parking for law enforcement vehicles on Eighth Street adjacent to the Law Center, presented and read. Coun- cil Member Simon moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None, ORDINANCE NO. 2-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- TING A NEW SECTION 25-272 THEREOF PROVIDING FOR RESERVED PARKING FOR LAW ENFORCEMENT VEHICLES, presented and read. Council Member Simon moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kfuesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krleg, Kronfeldt, Manning, Simon, Nays--None. Council Member Simon moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas Mayor Brady. Council Members Daich, Kluesner, Krleg. Kronfeldt, Manning, Simon. Nays None. ORDINANCE NO. 2-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 25-272 THEREOF PROVIDING FOR RESERVED PARKING FOR LAW ENFORCEMENT VEHICLES NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa be amended by enacting a new Section 25-272 thereof as follows; "Sec. 25-272. Reserved law enforce- ment vehicle parking. (a) When appropriate signs have been posted, that area located on the northe~ ly side of Eighth Street between Central and the alley lying westerly of Central A venue is hereby set aside for the park- lng of law enforcement vehicles. (b)lt shall be unlawful for the operator of any vehicle to stop, stand or park within such area unless such vehicle is clearly identified and marked as a vehi- cle assigned to law enforcement activities. Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 3-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY DELETING FROM PARRING METER DISTRICT "A" IN SECTION 25-326 EIGHTH AVENUE, NORTH SIDE, FROM CENTRAL AVENUE TO ALLEY, WEST, PROVIDING FOR THE ELIMINATION OF PARKING METERS, presented and read. Council Member Simon moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kluesner. Carried by the fullowing vote: 17 Regular Session, January 20, 1986 Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Council Member Simon moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 3-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING FROM PARKING METER DISTRICT "A" IN SECTION 25-326 EIGHTH AVENUE, NORTH SIDE FROM CENTRAL AVENUE TO ALLEY, WEST, PROVIDING FOR THE ELIMINATION OF PARK- lNG METERS. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or~ dinanees of the City of Dubuque, Iowa be amended by repealing from ~Parking Meter District "A" in section 25-326 parking meters from Eighth Avenue, north side from Central Avenue to alley, west as follows: "Sec. 25-326. Districts. PARKING METER DISTRICT "A" Eighty Avenue, north side, from Cen- tral Avenue to alley, west. Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of January 1986. Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring Ordinance prohibiting the place- ment of snow on private property without the consent of the owner, presented and read. Council Member Simon moved that the communication be received aud fried. Seconded by Coun~ cll Member Dalch. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Mayor Brady moved for an amend- merit to include "Except private proper- ty dedicated as public right-of-way". Seconded by Council Member Manning. NO ROLL CALL TAKEN ON THE AMENDMENT. ORDINANCE NO. 4-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- TING A NEW SECTION 33-79 THEREOF PROHIBITING THE PLACEMENT OF SNOW, ICE AND ACCUMULATIONS ON PRIVATE PROPERTY, presented and read. Council Member Simon moved that the reading just had be considered the first reading of the Ordinance. Secand- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Kriog, Kronfeldt, Manning, Simon. Nays--None. ~ Council Member Simon moved that the rule requiring an Ordinance to be presented and read at two meeting prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, 18 Regular Session, January 20, 1986 Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 4-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 33-79 THEREOF PROHIBITING THE PLACEMENT OF SNOW, ICE AND ACCUMULATIONS ON PRIVATE PROPERTY. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by enacting a new Section 33-79 as follows: "Sec. 33-79. Placement on private property. No person shall remove, or cause to be removed, any snow, ice or accumula- tions thereof from any private premises, public street, alley or sidewalk and deposit the same, or cause the same to be deposited, upon other private proper- ty without the express consent of the owner of said property." Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of January, 1986. Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting three Ordinances clarifying the recovering of costs by the City for snow and weed removal and sidewalk repairs, presented and read. Council Member Kronfaldt moved that the communica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 5-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE C1- TY OF DUBUQUE, IOWA, BY REPEALING SECTION 33-86 THEREOF AND ENACTING A NEW SECTION 33-86 IN LIEU THEREOF PROVIDING FOR THE RECOVER- ING OF COSTS BY THE CITY FOR REMOVAL OF ACCUMULATIONS OF SNOW, ICE AND SLUSH, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 5-86 AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 33-86 ~ AND ENACTING A NEW SECTION 33-86 IN LIEU THEREOF PROVIDING FOR THE RECOVER- ING OF COSTS BY THE CITY FOR REMOVAL OF ACCUMULATIONS OF SNOW, ICE AND SLUSH. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 19 Regular Session, January 20, 1986 Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by repealing Section $3~86 thereof and enacting a new Section 33-86 in lieu thereof as follows: "Sec. 33-86. Collection of cost of removal by City. When the city manager, pursuant to Section 33-85, has caused accumulations of snow, ice or slush to be removed from any sldowalk, he shall promptly ascer- tain the actual cost thereof, including the cost of supervision, inspection and accounting, and shall ccrtify such actual cost to the city clerk who, in turn, shall promptly certify such cost to the court- ty treasurer and it shall then be collected with and in the same manner as general property taxes in accordance with the provisions of law." Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfaldt moved final adoption of the Ordinance. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kranfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 6-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 33-92 THEREOF AND ENACTING A NEW SECTION 33-92 IN LIEU THEREOF PROVIDING FOR THE RECOVER- ING OF COSTS BY THE CITY FOR REPAIRS TO SIDEWALKS, presented and read. Council Member Kronfaldt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kranfaldt moved that the rule requiring an Ordinance to bo presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 6-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 33-92 THEREOF AND ENACTING A NEW SECTION 33-92 IN LIEU THEREOF PROVIDING FOR THE RECOVER- lNG OF COSTS BY THE CITY FOR REPAIRS TO SIDEWALKS. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by repealing Section 33-92 thereof and enacting a new Section 33-92 in lieu thereof as follows: "Sec. 33-92. Collection of cost of repair by City. In the event the owner of a lot or parcel of land who has been notified put- suant to Section 33-91 to repair a sidewalk, shall fail to repair such sidewalk within ten days after the mail- ing of such notice, it shall be the duty of the city manager to cause said sidewalk to be repaired and to certify the actual cost therof to the city clerk who, in turn, shall certify such cost to the county treasurer and it shall then con- stitute a lien against said property and be collected with and in the same man- ner as general property taxes on said property." Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 28th day of January, 1986. Mary A. Davis City Clerk 20 Regular Session, January 20, 1986 Council Member Kronfeldt moved final adoption of the Ordinance. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 7-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SECTION 37-52 THEREOF AND ENACTING A NEW SECTION 37-52 IN LIEU THEREOF PROVIDING FOR THE RECOVER- ING OF COSTS BY THE CITY FOR REMOVING WEEDS, VINES OR OTHER GROWTH, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Councll Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 7-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 37-52 THEREOF AND ENACTING A NEW SECTION 37-52 IN LIEU THEREOF PROVIDING FOR THE RECOVER- ING OF COSTS BY THE CITY FOR REMOVING OTHER WEEDS VINES OR OTHER GROWTH. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- linances of the City of Dubuque, Iowa le amended by repealing Section 37-52 thereof an enacting a new Section 37-52 in lieu thereof as follows: "Sec. 37-52. Collection of cost of removal by City. In the event the owner of a lot or parcel of land, who has been notified pur- anant to Section 37-50 to remove weeds, vines or thor growth, shall fail to remove such hazard within ten days after the mailing of such notice, it shall be the du- ty of the city manager to cause said weeds, vines or other growth to be cut and destroyed and to certify the actual cost thereof to the city clerk who, in turn, shall certify such cost to the court- ty treasurer and it shall then constitute a lien against said property and be col- lected with and in the same manner as general property taxes on said proper- Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 28th day of January, 1986. Mary A. Davis City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring Ordinance describing the duties of the Housing Commission, presented and read. Council Member Simon moved that the communication be received and fil- ed. Seconded by Council Member Kranfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. 21 Regular Session January 20, 1986 ORDINANCE NO. 8-86 AN ORDINANCE AMENDING CODE OF ORDINANCES BY ENAC- TING A NEW SUBSECTION (c) TO SECTION 11%-77 THEREOF PRO- VIDING FOR RESPONSIBILITIES OF THE HOUSING COMMISSION, presented and read. Council Member Simon moved that the reading just had be considered the first reading of the dlnance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Simon moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kron£eldt. Carried by the £ollowing vote: Yeas--MayGr Brady, Council Members Dnich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 8-86 AMENDING THE CODE OF OR- DINANCES OF TIlE CITY OF DUBU- QUE, IOWA BY ENACTING A NEW SUBSECTION (c) TO SECTION 111/2-77 THEREOF PROVIDING FOR RESPONSIBILITIES OF THE HOUS- ING COMMISSION. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by enacting a new Subsec- tion (c) to Section 11~-77 thereof as follows: Sec. 111/2-77. Purpose. (c) The Housing Commission shall monitor the City's housing program and conduct hearings on grievances which arise out of the operation of such pro- gram except in the area of housing code enforcement." Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 28th day of January 1986. Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Mendier Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring Ordinance to delete an obeolete provision requiring an Annual Ap- propriations Ordinance, presented and Council Member Kronfeldt moved that the conununication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 9-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SECTION 2-24 THEREOF DELETING THE RE- QUIREMENT FOR AN ANNUAL AP- PROPRIATIONS ORDINANCE, presented and read. Council Member Kronfaldt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Simon. Carried by the following vot~: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt~ Manning, Simon. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Regular Session, January 20, 1986 Council Member Simon. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Ktuesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 9-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 2-24 THEREOF DELETING THE RE- QUIREMENT FOR AN ANNUAL AP- PROPRIATIONS ORDINANCE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinanees of the City of Dubuque, Iowa be amended by repealing Section 2-24 thereof Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 28th day of January, 1986. Mary A. Davis City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mltting Ordinance providing for the ap- pointment of emergency interim suc- cessors in the event the holders of cer- tain City positions are unavailable due to natural or person-caused disaster~ presented and read. Council Member Kronfeldt moved that the co~amunicafion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 10-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE C1- TY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 2-199 THROUGH 2-204 THEREOF AND ENACTING NEW SECTIONS 2-199 THROUGH 2-202 PROVIDING FOR EMERGENCY INTERIM SUC- CESSORS FOR THE CITY MANAGER, CITY CLERK AND COR- PORATION COUNSEL, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 10-8~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 2-199 THROUGH 2-204 THEREOF AND ENACTING NEW SECTIONS 2-199 THROUGH 2-202 PROVIDING FOR EMERGENCY INTERIM SUC- CESSORS FOR THE CITY MANAGER, CITY CLERK AND CORPORATION COUNSEL. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa be amended by repealing Sections 2-199 22 23 Regular Session, January 20, 1986 through 2-204 thereof and enacting new Sections 2-199 through 2-202 as follows: Article IV. Emergency Succession Sec. 2-199. Purpose (a) Because of the existing and increas- ing possibility of the occurrence of natural or person-caused disaster or major accident, it is imperative that th, administrative functions of the City be maintained and continued to protect the public peace, health and safety. (b) It is the policy of the City Council to provide for emergency interim successors to those City employees whose appointments are the respon- sibflity of the City Council. Sec. 2-200. Definitions. As used in this article the foliowlng terms shall have the meanings as set forth. Disaster means person-caused and natural occurrences such as fire, flood drought, earthquake, tornado, wind- storm, hazardous substance or nuclear plant accident or incident which threatens the public peace, health and safety of the people of the City of Dubu- que or which damage and destroy public or private property. The term includes enemy attack, sabotage or other hostile actions from without the state. Emergency interim successor means a person designated pursuant to this article in the event a person is unavailable to exercise the powers and discharge the duties of an office until a successor is apninted or until the lawful encumbent is able to resume exercise of the powers and discharge the duties of the office. Unavailable means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office or that the lawful encumbent of the office is absent or unable to exercise the powers and discharge the duties of the office. Sec. 2-201. Appointment. The following emergency interim suc- ceasors are appointed in the event of the unavailability of the encumbent of that office. (a) Administrative Assistant to the City Manager shall become City Manager if the latter is unavailable. (b) Deputy City Clerk shall become City Clerk, if the latter is unavailable. (c) City Solicitor shall become Cot- poratinn Counsel, if the latter is unavailable. Sec. 2-202. Termination of Author- ity by Council. City Council may at any time by adop~ tlon of a resolution terminate the authority of any emergency interim successors. Passed, adopted and approved this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 29th day of January, 1986. Mary A. Davis City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring Fiscal Year 1985 Audit Reports, presented and read. Council Member Kronfeldt moved that the conuaudication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacti~ng a new Section 2-24 thereof providing for out of city travel for the Mayor and City Coun- cil Members, presented and read. Coun- cil Member Kronfeldt moved that Or- dinance be referred back to staff for up- date regarding conunents. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council 24 Regular Session January 20, 1986 Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Petition of Group W Cable requesting the Council to consent to the sale and transfer of control of Group W Cable to the buyers' consortium, presented and read. Council Member Kronfeldt moved that the petition be referred to the City Manager and Cable Regulatory Com- mission. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kfuesner, Krieg, Kronfaidt, Manning, Simon. Nays--None. Communication of Group W Cable petitioning the City to grant a waiver with respect to various provisions of Or- dinance No. 42-81, presented and read. Council Member Kronfeldt moved that the communiction be referred to the Ci- ty Manager and Cable Regulatory Com- mission. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that Kathryn Krieg be appointed as a Council Member to the Dubuque Racing Assn., Ltd. Board of Directors. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Krieg moved that David Simon be appointed as Council Member to the Greater Dubuque Development Corporation. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg. Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that the three representatives to Opera- tion: New View's Board of Directors be W. Kenneth Gearhart, Kathryn Krieg, and Donald Deich, with alternates: Bar- bara Manning, J anles Brady and David Simon. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. BOARDS AND COMMISSIONS: HOUSING CODE APPEALS BOARD - One three year term which will expffe 1-11-88; Two three-year terms which will expire 1-11-89. Applicants: Jan~es E. Gross, Gerald L, Guy and Delores Johnson. Council Member Kluesner moved that Gross be appointed and Guy and Johnson reappointed to three year terms on the Housing Code Appeals Board. Seconded by Council Member Mating. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. HUMAN RIGHTS COMMISSION - Three three-year terms which will expire 1-1-89. Applicants: Merlyn Atkinson, Brenda Bernal, Karla Braig, Roger Maiers. Ber- nard (Benny) Tigges, Dirk Voetberg. Vote on the appointments was as follows: Mayor Brady voted for Braig, Voetberg and Bernai; Council Member Deich voted for Braig, Voetberg and Bernal; Council Member Kluesner voted for Braig, Maiers, Voetberg; Council Member Krieg voted for Bring, Maiers & Voetberg; Council Member Kronfaldt voted for Braig, Maiers, and Voetberg; Council Member Manning voted for Ber- nal, Maiers, and Voetberg; Council Member Simon voted for Braig, Maiers and Voetberg. Therefore, Karla Braig, Roger Maiers and Dirk Voetberg appointed to three year terms on the Human Rights com- mission which will expire January 1, 1989. RESOLUTION NO. 14-86 25 Regular Session BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Billy Bucks lnc 521 E. 22nd St. Passed, adopted and approved this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Melnber Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 15-86 WHEREAS, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, the premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the foliowlng named applicants a Beer Permit. CLASS "C"BEER PERMITS Iowa Oil Company (Also Sunday Sales) 3200 Central TFM (Also Sunday Sales) 1101 Rhomberg Robert A. Mehrl (Also Sunday Sales) 2311 Windsor Passed, adopted and approved this 20th day of January 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 26 January 20, 1986 Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 16-86 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, the premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rale- rant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cant(s) a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Gomer's Inc. 1102 University Robert Spiegelhalter 2364 Washington St. Michael John Sawvell (Sunday Sales Only) 1700 Central Ave, Michael J. Weber (Also Sunday Sales) 601 Rhomberg Ave. Passed adopted and approved this 20th day of January 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried ~by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Public Library of 12-19 and Transit Board of 1-9, presented and read. Council Member Deich moved that the minutes be receiv- ed and filed. Seconded by Council Member Manning. Carried by the follow- Regular Session lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Wayne Cook in est. amt. of $131.51 for car damages; Bill Schroeder in est. amount of $866.82 for car damages; W.C. Stewart Construction Co. vs. City of Dubuque et al for subcon- tractural work done; Scott Wallace in est, amount of $90.88 for car damages; American Trust and Savings Bank vs. Madison Investments et al submitting petition for foreclosure of real estate mortgage, 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Counall Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel advising of closing of file regar- ding West Casualty and Surety Co. and Iowa Kemper Insurance Co. vs. City of Dubuque, presented and read. Council Member Deich moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Certificate of City Clerk certifying notices were sent by certified mall on December 26, 1985 to known property owners, final assessments for City of Dubuque 1985 Asphalt Paving Project, AND Proof of pubfication, certified to by the Publisher, on notice of filing of the Final Plat and Schedule of Assessments against benefited proper- ties for the reconstruction of the 1985 Asphalt Paving Project with in the Ci- ty of Dubuque, presented and read. Council Member Deich moved that the certificate and proof be received and filed. Seconded by Council Member 27 January 20, 1986 Manning. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims for the month of November, 1985, presented and read. Council Member Deich moved that the proof of publication be received and flied. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, advising of preparation of a Notice of Finding of No Significant Ef~ fect on the Environment for a project to be undertaken under Title I of the Hous- ing and Community Development Act of 1974, presented and read. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluosner, Kring, Kronfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: My-Cap Vendors, $50 on unexpired Cigarette License of 1933, Inc. Spatz Malones; My-Cap $25 on unexpired Cigarette License of Wm. Hancock; Olde German Bank $422.50 on unexpired Liquor License, presented and read. Council Member Deich moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorization for required pro- cedural steps requesting release of CDBG Funds fo? the removal of Regular Session Architectural Barriers-City Hall Project, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 17-86 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR THE REMOVAL OF ARCHITECTURAL BARRIERS--CITY HALL. WHEREAS, the City of Dubuque, Iowa in conformance with the Eh- vlronmental Review Procedures for the Community Development Block Grant Program convened an Ad Hoc Commit- tee on December 2, 1985 which com- pleted an environmental assessment of the following identified project: Removal of Architectural Barriers - City Hall WHEREAS, pursuant to Resolution No. 407-85, adopted December 16, 1985, public notice of a "Finding of No Signifi- cant Effect on the Environment" for the above project was published December 27, 1985 in the Dubuque Telegraph Herald, a newspaper of general circula- tion and provided for a public comment period until 12:00 Noon on Monday, January 13, 1986; and WHEREAS, public notice of a "Fin- ding of No Significant Effect on the Eh- vironment' for the project was sent by regular marl to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be ap- propriate to receive such a public notice; and WHEREAS, any and all objections, if any, to such proposal has been duly considered; and WHEREAS, it is the intent of the Ci- ty Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds to carry out the above-identified project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall con- tinue to remain on file in the Office of January 20, 1986 the City Clerk where said record may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment, a request for release of funds to undertake the said project. Section 3. That the Mayor of the Ci- ty of Dubuque is hereby authorized to sible federal official under the National Environmental Protection Ac~ insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the Ci- ty of Dubuque is hereby authorized to consent personally, in his official capaci- ty and on behalf of the City of Dubuque to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to en- vironmentdi reviews, decision-making and action. Section 5. That the Mayor of the Ci- ty of Dubuque be and he is hereby authorized and directed to execute a ce~ tification pertaining to the environmen~ Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds in the form of Public Notice attacked hereto and made apart thereof. Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Ca~¥ied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfaldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving finaiplat of Subd. of Block 2 in Henschal's Addition located at the south end of Richard's Road Extension, presented and read. Council Member Deich moved that Regular Session, January 20, 1986 the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 18-86 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF BLOCK 2 IN HENSCHEL'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivi- sion of Block 2 in Henschal's Addition in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Plannng and Zen- ing Commission and had its approval en- dorsed 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 i~ESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Block 2 in Henschci' s Ad- dition in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, adopted and approved this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring Financial Reports for the month of December, 1985, presented and read. Council Member Deich moved that the communications and reports be receiv- ed and filed. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing approval of Amendment to Contract between the Iowa State Department of Agriculture and the Ci- ty of Dubuque for Food Service and Hotel Sanitation, presented and read. Council Member Deich moved that .he communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 19-86 RESOLUTION APPROVING AN AMENDMENT TO THE AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA STATE DEPARTMENT OF AGRICULTURE FOR ENFORCEMENT OF THE FOOD iERVICE SANITATION, HOTEL IN- SPECTION, AND VENDING MACHINE LAWS OF THE STATE OF IOWA. WHEREAS, the City of Dubuque and the Iowa Department of Agriculture mtered into an Agreement in January of 1979 whereby the City was authotiz- ed to enforce the Iowa Food Service Sanitation Code, the Iowa Hotel Sanita- tion Code and the Iowa Food and Beverage Vending Machine Laws; and WHEREAS, said Agreement has been amended for renewal each subse- quent year; and WHEREAS, the Agreement ter- minates on January 1, 1986; and WHEREAS, both parties agree that [ it is to their mutual advantage to extend said Agreement until January 1, 1987. ] NOW, THEREFORE. BE IT | RESOLVED BY THE CITY COUN- 28 29 Regular Session CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, hereby approves the attached Amendraent to the Food Service Sanita- tion, Hotel Inspections and Vending Machine Laws Memorandum of Understanding, which Amendment ex- tends the term of the agreement until Januar~ 1, 198Z Section 2. That the Mayor is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending acceptance of construc- tion of John F. Kennedy Road from Pennsylvania Avenue to University Ave., presented and read. Council Member Deich moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 20-86 WHEREAS, the contract for the Reconstruction of John F. Kennedy Road from Pennsylvania Avenue to University Avenue has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accor- ding to the terms of the contract, plans and specifications and recommends its 30 January 20, 1986 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund ia amount equal to the amount of his contract, less any retained percentage provided for therein, Passed, adopted and approved this 20th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. FINAL ESTIMATE RESOLUTION NO. 21-86 WHEREAS, the contract for the Reconstruction of John F. Kennedy Road from Pennsylvania Avenue to University Avenue has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, miscellaneous costs, and preparing the assessment and plat. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque: Section 1. That the cost of ~qid ira- 9rovement is hereby determined to be $1,047,246.45. Section 2. That $473,861.43 of the cost thereof shall be assessable upon private property and $573,385.02 shall be paid 'rom the Street Construction Fund. Passed, approved~ and adopted this 20th day of January, 1986. James ]~. Brady Mayor Regular Session, January 20, 1986 ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Nane. RESOLUTION NO. 22-86 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR RECONSTRUCTION OF JOHN F. KENNEDY ROAD FROM PENN- SYVANIA AVENUE TO UNIVERSI- TY AVENUE, INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL IN- STALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID IN- STALLMENTS, THE TIME WHEN- THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and ac- companying plat showing the assessments proposed to be made for the construction of the Reconstractian of John F. Kennedy Road from Penn- sylvania Avenue to University Avenue under contract with the Flynn Com- pany, Inc. of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 15th day of January, 1986, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown ia said final schedule of assessments as deficiencies are found to be proper and are levied conditional- ly against the respective properties benefited by the improvements as shown in the schedule, subject to the )rovisians of Section 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty4ive percent of the value of same. Assesmente of 550.00 or more are payable in 10 equal annual installments, with interest on the unpaid balance, all as provided ia Section 384.65, City Code of Iowa. Conditional deficiency assessments, if any, may be levied against the applicable property for the same period of years as the assessments are made payable. Assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publica- tion of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said assessments are paid in full within said thirty day period all unpaid assessments will draw annual interest computed at 12 percent Icommencing on the date of acceptance of the work) computed to the December 1st next following the due dates of the respective installments. Each installment will be delinquent on September 30th following its due date on July 1st in each year. Property owners may elect to pay any annual in- stallments semiannually in advance. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer- ,ificatian once each week for two con- secutive weeks in the manner provided in Section 362.3. the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provid- ed and directed by Section 384.60 of the Code of Iowa. Passed, adopted and approved this 20th day of January. 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 31 Regular Session, January 20, 1986 CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS For John F. Kennedy Road, Pennsylvania to University Special Assessment Fund No. 1329 HOLIDAY CORNERS NO. 2 Holiday Off Distributing, Inc. 1-2-2-1 183,060.62 I0~129R7 Holiday Oil Dist ribu ting, Inc. 2-2-2-2-I w/1-2-2-1 3,733.73 Fred K. Cheung 2-1-2-2-2-1 w/2-13 West Side Manor 635.53 Holiday Oil Distribu ting, Inc. 2 169,892.10 3,782.10 Goliath, Inc, 1~1 214,238.71 1,238.71 Fred K. Cheung 1-2-1 241397.64 497.64 WEST SIDE MANOR SUBDIVISION Fred N. Cheung 2-13 of Block 2 232,486.82 200.90 Fred K. Cheung 1-14 of Blcck 2 w/2-13 7,980.99 Jerome P, & Patricia L. Schlitz Cent: Daniel L. & M~ry Jane DBscolI Lot 10 of Block 4 53,538.12 146.12 Charle~ B. & MaR[yn A. (~berembtLot 11 of Block 4 6L212.28 262.28 YIANNISPLACE Key City Investment Co. 1 1,175,883.30 35,448.32 Key City Investment Co. lA w/Lot 1 665.03 Key City Investment Co. 4 1,285,633.40 47,713.46 Key City Investment Co. 5 50,548.48 I 378.48 Key City Investment Co. 8 234,817.06 '~ 13 657.06 Key City Investment Co. 9 506,112.45 23,652.46 Key City Investment Co. 10 164,890,47 4,400.47 Key City Investment Co. 11 516,413.59 41,643.59 MINERAL LOT 244 Affred & Edna Mary Han~nera~d 1-1-1-1-1-1-2-1 42,217.5~ 4,377.56 Atfi~ & Edna Mary Hm~unerand Lease to: J.D. Street Co., Inc. 2-1-1-1-1-1-2-1 139,384.23 8,454,23 CENTER GROVE PLACE BLed Chevrolet Co. Bird Chevrolet 712,290.16 8,790.16 TOTAL ASSESSABLE AMOUNT $473,86L4~ All of which is assessed in proportion to special benefits conferred. 32 RegUlar Session, January 20, 1986 QUANTITY 25,490.50 240.70 30,00 169.30 85.00 0.00 8,257.05 15.36 4,301.80 2,031.00 22,144.20 5,787.30 9.00 39.00 Lump 198.20 2,526.70 635,50 502.00 125.00 6.00 1,730.80 7,727.00 2,885.90 524.86 Lump 2.00 Lump ITEM UNIT PRICE TOTAL S.Y. Pvmt. Standnrd or Slip/erin P.C. Conc. Class C 8V2' @ 21.10 537,849.55 Ton Asph. Cem. Conc. Type A Surface Course Mix %" @ 55.00 13,238.50 Ton Asph, Cem. Conc. Type A 33 Regular Session, January 20, 1986 Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. John Moore spoke to the Council. There being no further business, Coun- cfi Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Mary A. Davis City Clerk Approved __1986 Adopted __1986 Mayor Council Members ATTEST: City Clerk 34 Special Session January27, 1986 CITY COUNCIL OFFICIAL Special Session, January 27, 1986. Council Met At 5:00 P.M. Public Library Auditorium. Present: Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Ken- neth Gearhart. Absent At Roll Call: Council Member Delch. Mayor Brady read the call and stated that service thereof had been duly made and this meeting is a SPECIAL SES- SION of the CITY COUNCIL called for the purpose to CONDUCT A JOINT MEETING WITH THE TRANSIT BOARD OF TRUSTEES TO PRE- SENT AND DISCUSS DUBUQUE TRANSIT SYSTEM OPINION SUR- VEY. TRANSIT BOARD MEMBERS PRESENT: William Hilvers, Secretary; H.J. Bemls; George Enderson, Jr.; Walter Pregler; Genevieve Heathcote. Mike Budde introduced Leonard Decker and Tom Pusateri. They presented and gave an oral report on the transit System Opinion Survey. Council Member Deich entered the Chambers at 5:28 p.m. Discussion ensued. Council Member Manning left at 5:57 There 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 Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--None. Absent--Council Member Manning. Meeting adjourned at 6:00 p.m. Mary A. Davis City Clerk Approved ~1986 Adopted __1986 Mayor Council Members ATTEST: City Clerk 35 Special Session, January 30, 1986 CITY C O U N ~ completion of the project to enhance op- OFFICIAL Special Session, January 30, 1986. Council Met At 5:55 P.M., Conference Room, City Hall. Present: Mayor Brady, Council Members Deich, Kluesner, Simon, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Absent: Council Members Krieg, Kronfeldt, Manning. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose TO CONSIDER A RESOLUTION AUTHORIZING APPLICATION FOR RISE FUNDS FOR COMPLE- TION OF NORTHWEST ARTERIAL AND AUTHORIZING MAYOR TO EXECUTE. RESOLUTION NO. 23-86 RESOLUTION AUTHORIZING AP- PLICATION FOR RISE FUNDS FOR THE COMPLETION OF THE NORTH- WEST ARTERIAL. WHEREAS, there is a need to com- plete the Northwest Arterial from Asbury Road to U.S. 52/U.S. 3; and WHEREAS, the completed highway facility would enhance opportunities for economic development on the westerly and northerly sectors of Dubuque; and WHEREAS, this transportation arterial will facilitate tourists visiting the Little Maquoketa River Mounds, the Heritage Trail, and the Dubuque Ar- boretum; and WHEREAS, completion of this arterial would relieve overloaded traffic conditions on the primary system in the City of Dubuque; and WHEREAS, the County of Dubuque has pledged to join the City in suppor- ting the project and utilization of RISE funds allocated to counties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That an application be sub- mitred to the lowa Department of 7~ansporta~on for a grant of SZ5 million of RISE funds to be used over a three year period, fiscal year 1987 through fiscal year 1990. Section 2. That the City endorses the portunities for economic development in the area. Section 3. That this improvement will be classified as a major arterial and will be available for public use. Section 4. That the City of Dubuque will assume all responsibilities associated for the maintenance of the facility within the City of Dubuque on its completion. Section 5. That the Mayor is authoriz- ed and directed to sign a RISE applica- lion for local development funding and to forward application to the Iowa Department of Transportation. Passed, approved and adopted this 30th day of January, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Simon. Nays--None. Absent--Council Members Krieg, Kronfeldt, Manning. Council Member Kluesr~er moved to include in the cover letter.[hat this will be superseded by application for U.S. 61 following within a certain time frame. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Simon. Nays--None. Absent--Council Members Krieg, Kronfeldt, Manning. There being no further business, Coun- cil Member Deich moved to adjourn. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Simon. Nays--None. 36 Special Session, January 30; 1986 Absent--Council Members Krieg, Kronfaldt, Manning. Meeting adjourn- ed at 5:59 Mary A. Davis City Clerk Approved __1986 Adopted __1986 Mayor Council Members ATTEST: City Clerk 37