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1986 February Council Proceedings38 Regular Session, ITY OFFICIAL Regular Session, February 3, 1986. Council Met At 7:30 P.M, Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Klueaner, Keleg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof was duly made and this meeting is the REGULAR MON- THLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. PROCLAMATIONS: Feb.2. as "Four Chaplain' Sunday" received by Nicholas Lucy and Mary Walsh; Feb. 10-14 as "Office Education Association Week" received bY Dixie Crimmins and Elaine Kieler; Month of February as "Children's Den- tal Health Month" received by Judy Smith. Council Member Deich moved to sus- pend the rules to let anyon~e present ad- dress the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Prcof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property at 503 to 507 Garfield Avenue from R-2A to C-2 District presented and read. There were no writ- ten objections receive and no oral objec- tots present at the time of the Hearing. Council Member Simon moved that the proof of publication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the foliov~ng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 11-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING February 3, 1986 THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONNG ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPERTY AT 503 TO 507 GAR- FIELD FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT, said Ordinance having been presented and read at the Council Meeting of January 20, 1986, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO, 11-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 503 TO 507 GAR- FIELD FROM R-2A ALTERNATE TWO - FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBOR- HOOD SHOPPING CENTER DIS- TRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be ameneed by revleing Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-2A Alternate Two - Family Resi- dential District" classification to "C-2 Neighborhood Shopping Center Dis- trict'' classification, to wit: All of Lot 1 of A-1 Industrial Block, except the south - westerly 40 feet thereof currently zoned C-2 Neigh- borhood Shopping Center District, in tbe City of Dubuque, Iowa. Section 2. That the foregoing amend~nent has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 3rd day of February, 1986. 39 Regular Session February 3, 1986 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of Feb- runty, 1986. Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to approve Conceptual Development Plan for "Oak Meadow", presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Ken Ganahl requested favorable adop- tion of Ordinance. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Siman. Nays--None. ORDINANCE NO. 12-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR HEREINAFTER DESCRIBED PROPERTY ON BRUN- SKILL ROAD KNOWN AS "OAK MEADOW" AND CURRENTLY ZON- ED PR PLANNED RESIDENTIAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of January 20, 1986, presented for further action. ORDINANCE NO. 12-86 (OFFICIAL PUBLICATION ) ORDINANCE NO. 12-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR HEREIN AFTER DESCRIBED PROPERTY ON BRUNSKILL ROAD KNOWN AS "OAK MEADOW" AND CUR- RENTLY ZONED PR PLANNED RESIDENTIAL DISTRICT. WHEREAS, Dubuque Bank and Trust, owner and developer, has filed a Conceptual Development Plan for herein after described property in accordance with provisions of the PR Planned Residential District regula- tions as set forth in Section 3-6.1D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on said Conceptual Develop- ment Plan; and WHEREAS, the Planning and Zon- ing Commission has approved said Conceptual Development Plan subject to specific conditions and restrictions having found that said Plan conforms with the review standards applicable to such pl~u~s as set forth in Section 3- 1.6D(4) of the Code of Ordinance, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has recommended the concurrence of the City Council in approval of said Conceptual Develop- merit Plan; and WHEREAS, the City Council has received the recommendation of the Planninn and Zoning Commission and held its own public hearing on said Conceptual DeveIopment Plan pursu- ant to required published notice; and WHEREAS, the City Council has approved said Conceptual Develop- ment Plan subject to the same spe- cific conditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accom- plish the purposes of the "PR Planned Residential District" of the Zoning Ordinance of the City of Dubuque, Iowa, a Conceptual Development Plan for "Oak Meadow", a copy of which is attached hereto and made a part hereof, is hereby adopted and approved for the following described property, to wit: Approximate North One - Half (~) of Lot 2 of Lot 2 of Hansel's Addi- tion in the City of Dubuque, Iowa. Section 2. That in order to accom- plish the purposes of the "PR Planned Residential District" and of the Zen- lng Ordinance, the prop?rty herein Regular Session, February 3, 1986 above described is subject to the fol- lowing conditions and restrictions: A. Use Regulations The following regulations shall apply to all uses made of land in the above described Planned Residential Dis- trict: 1) Principle permitted uses shall be limited to 44 townhouses on the 11.8 acre parcel. 2) No secondary or contingency uses shall be permitted. 3) Acce~qory u~s shall include any use customarily incidental and subor~ dinate to the p~nciple use it serves. B. Lot and Bulk Regulations Development of land in this PR Planned Residential District shall be regulated as follows: 1) Ali buildings, structures and acti- vities shall be located in conformance with the attached Conceptual Develop- ment Plan and all Final Site Develop- ment Plans to be approved in accordance with the provisions of the PR Planned Residential District reg- ulations, except the location of the Tot Lot shall be up to the discretion of the Oak Meadow Homeowners Asso- ciation. 2) All balldlngs and structures shall provide a front yard setback from Brunskill Road of twenty - five (25) feet. C. Performance Standards Tbe development and maintonance of uses in this PR Planned Residen- tial District shall be established in conformance with the following stan- dards, as well as with the regulations of Section 3-1.6 of the PR Planned Residential District: 1) Tbe ph~ing of the development shall occur as described on that attached conceptual Development Plan, with all site improvements to be completod for each phase. 2) A private street meeting City Engineer's specifications is to be con- structed by the developer for each phase, with a temporary cul - de - sac provided during the interim between pbes~s. The tomporary cul - de - sac shall meet approval of the City Fire Chief. The development of the road shafi be reviewed by the Planning and Zoning Comn~ission if the phasing of the development is not completed as proposed. D. Additional Standards 1) The Conceptual Development Plan shah be valid for a period of thi'ee years provided a Final Site Develop- ment Plan for the first phase is sub- mitted within one year from the date of approval and each additional Final Site Development Plan for Phase II and III is submitted within the time frame as proposed on the attached Conceptual Developlnent Plan. 2) A Homeowners Association shall he ~ta[ished with the same restrictive convenants as that which currently exists for Oak Meadow First Addition, to facilitate the merger of both Home- owner's Associations when thc new Association becomes financially stable. E. Transfer of Ownership 1) Transfer of ownership or lease of property in this PR Planned Residen- tial District shall include in the trans- fer or lease agree~nent a provision that the pm'chaser or leasee acknowledges awareness of the conditions authorizing thc establishinent of the district. PASSED, ADOPTED AND APPROVED THIS 3rd day of Febru- ary, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 12-86 We, the undersigned Dubuque Bank and Trust having read the terms and conditions of the foregoing Ordinance No. 12-86 and being familiar with the conditions and restrictions thereof, berehy accept the same and agree to .he conditions and restrictions required therein. Dated at Dubuque, Iowa this 3rd day of February, 1986. Dubuque Bank & Trust Co. By Kenneth J. Ganahl Vice Preskient Published officially te the Telegraph Herald newspaper this 7th day of Feb- ruary, 1986 Mary A Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on plans and Specs. for the removal of Silt from the 32nd Street Detention Basin, presented and read. No written objections were received and no oral objectors were present at the 4O 41 Regular Session February 3, 1986 Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 24-86 WHEREAS, on the 15th day of January, 1986, plans, specifications, form of contract and estimated cost were flied with the City Clerk of Dubu- que, Iowa, for the removal of Silt from the 32nd Street Detention Basin; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronieldt, Manning, Simon. Nays--None. Proof of publication, c~r tised to by the Publisher, on Notice to Bidders et the Receipt of Bids for the Removal of Silt from the 32nd Street Detention Basin AND Communication of City Manager :ecommending to award contract for above project, presented and read. Coun- cil Member Kluesner moved that the proof and communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the renewing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. AWARDING CONTRACT RESOLUTION N0.25-86 WHEREAS, sealed proposals have been submitted by contractors for the Removal of Silt From The 32nd Street Detention Basin pursuant to Resolution No. 13-86 and notice to bidders publish- ed in a newspaper published in the City of Dubuque, Iowa on the 23rd day of January, 1986. WHEREAS, said sealed proposals were opened and read on the 28th day of January, 1986 and it has been deter- mined that the bid of McDermott Ex- cavating of Peosta in the amount of $35,819.25 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to McDermott Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesnar moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by Regular Session, February 3, 1986 the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfcidt, Manning, Simon. Nays--None. Communication of City Manager re- questing authorizing the filing of an ap- plication for assistance under Section 3 of UMTA in the amount of $926,470, presented and read. Council Member Kluesner moved that the coromunica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 26~86 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation pro- gram of projects; WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provision by it of the local share of the project costs in the program; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connec- tion with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amend- ed, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Depart- ment of Transportation requirements thereunder; and WHEREAS, it is the goal of the ap- plicant that minority business enter- prise be utilized to the fullest extent possible in connection with these pro- jects, and that definitive procedures shall be established and administored to ensure that minority business shall have the maximum construction contract supplies, equipment contracts, or con- sultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IA: Section 1. That the Mayor of the Ci- ty of Dubuque is authorized to execute and file applications on behalf of the Ci- ty of Dubuque with the U.S. Depart- ment of Transportation to aid in the financing of a capital assistance project and the financing for the rehabilitation of the KeyLine bus garage, pursuant to Section 3 of the Urban Mass Transpor- tation Act of 1964, as amended. Section 2. That the Mayor of the Ci- ty of Dubuque is authorized to execute and file with such applications an assurance or any other document re- quired by the U.S. Department of Transportation effectuating the put. ~oses o/Title Vl of the Civil Rights Aet of 1964. Section 3, That the Transit Manager is authorized ~o furnish such additional information as the U.S. Department of Transportation may require in connec- tion with the application for the program of projects. Section 4. That the Mayor of the Ci- ~/ of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the wogram of projects' procurement needs. Section 5. That the Mayor of the Ci- ~ of Dubuque is authorized to execute grant agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financ- ing of the operating and capital assistance program of projects. Passed, approved and adopted this 3rd day of February, 1986. james E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klansner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council dembers Deich, Kluesner, Krieg, Man- hint, Simon. Nays--Council Member Kronfeldt. Petition of John Moore requesting to purchase Lots 13 and 14 of Roger's Subd. - Hill Street Addition, presented 42 43 Regular Session, February 3, 1986 and read. Council Member Deich moved to reinstate the rules. Seconded by Coun- cil Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that the petition be received and filed and go on record that the property be put on the market. Seconded by Coun- cil Member Manning. Vote on the mo- tion was as follows: Yeas--Council Members Kranfeldt, Manning, Simon. Nays--Mayor Brady, Council Members Deich, Kluesner, Krieg. MOTION FAILED. John Moore requested to speak. Mayor Brady moved to suspend the rules to let Mr. Moore speak. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nays--Kronfeldt, Manning, Simon. Mr. Moore spoke to the petition. Council Member Kluesner moved that the petition be received and filed and matter referred to the City Manager. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. Communication of Cable Regulatory Commission Chairperson recommending denial of Group W Cable Waiver Re- quest AND Communication of City Manager recommending Council deny the waiver as requested by Group W Cable, presented and read. Council Member Kronfeldt moved that the communications be received and filed and denials approved. 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 reporting on the status of plans for im- provements in Riverside Park and re- questing Council to discuss the issue as to whether to proceed with the planned development as requested by the Task Force and authorize the development of said plans and specs, at a cost of approx. $2,500, presented and read. Bill Blum, Sr. of the Dock Comm. re- quested that they go along with the pro- ject. Council Member Kluesner moved that they reinstate the rules. 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 Staff be directed to proceed with developing plans and specs, for first phase of the project in the amount of $2500. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Delch, Simon. Nays--Council Members Kluesner, Krieg, Kronfeldt, Manning. MOTION FAILED. 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, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring Ordinance officially recording the name of the Park and Recreation Complex and the baseball field located in the complex on Chaplain Sehmitt Memorial Island, presented and read. Council Member Kronfaldt moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 13-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- TING TWO UNNUMBERED PARAGRAPHS TO SECTION 27-90 THEREOF PROVIDING FOR THE NAMING OF THE PARK AND RECREATION COMPLEX AND THE 44 Regular Session, February 3, 1986 BASEBALL FIELD LOCATED THEREIN, presented and read. Coun- cil 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 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 Daich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 13-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING TWO UNNUMBERED PARAGRAPHS TO SECTION 27-90 THEREOF PROVIDING FOR THE NAMING OF THE PARK AND RECREATION COMPLEX AND THE BASEBALL FIELD LOCATED THEREIN NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa he mnended by enacting two unnum- bered paragraphs to Section 27-90 thereof as follows: "Sec. 27-90. Chaplain Schmitt Memorial Island. That portion of Chaplain Schmitt Memorial Island located south of U.S. Highway 61-151 bridge developed as a park - recreation complex shall be known as the Gerald "Red" McAleece Park and Recreation Complex. That portion of the Gerald "Red" McAleece Park anti Recreation Complex deve- loped for baseball purposes shall be known as the "Johnny Petrakis Base- ball Field." Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of Feb- ruary, 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- mitting Ordinance repealing the regulating of private Ambulance service by the City AND Communication of Corporation Counsel concurring in recommendation of City Manager to repeal private Ambulance Ordinance, presented and read. Council Member Kronfeldt moved that the communica- tions be received and filed. Seconded by Council Member Simon. Carried by the following~vote: Yeas--(~ouncil Members Deich, Kluesner, Krie, g, Kronfeldt, Manning, Simon. Nays--Mayor Brady. ORDINANCE~NO.14-86 AN ORDINANCE AMI~NDING THE CODE OF ORDINANCES, OF THE CI- TY OF DUBUQUE, IO~yA, BY REPEALING SECTIONb~ 18-16 THROUGH 18-21 AND ~18-28 THROUGH 18-45 THEREOF ELIMINATING REGULATING PRIVATE AMBULANCE SERVICES;~. presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Nays--Mayor Brady. Council Member Kranfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action 45 Regular Session is taken, be dispensed with. Seconded by Council Member Simon. Carried by the followig vote: Yeas--Council Members Deich Kluesner, Krieg, Kronfeldt, Manning Simon. Nays--Mayor Brady. (OFFICIAl. PUBLICATION) ORDINANCE NO. 14-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 18-16 THROUGH 18-21 AND 18-28 THROUGH 18-45 THEREOF ELI- MINATING REGULATING OF PRIVATE AMBULANCE SER- VICES NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Sections 18- 16 through 18-21 and 18-28 through 18- 45 thereof. Paa~ed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mm'y A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of Feb- ruary, 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--Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. · Nays--Mayor Brady. Conununication of City Manager sub- mitring Resolution describing the policy and procedures for out-of-city travel for the Mayor and Members of the City Council, presented and read. Council Member Kronfeldt moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Council Member Deich. 46 February3, 1986 Abstain--Mayor Brady. RESOLUTION NO. 27-86 ESTABLISHING THE POLICY AND PROCEDURE FOR OUT-OF- CITY TRAVEL FOR TIlE MAYOR AND MEMBERS OF CITY COUNCIL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That out-of-city travel by the Mayor and Members of City Coun- cil shall be approved in advance by the City Council and entered in the City Council minutes. This section shall not ~reclude travel where it is not feasible to secure advance approval Such trave~ when taken, shall be ratified by the Ct- ty Council at their next regularly scheduled meeting. Section 2. A travel advance may be received from the City Treasurer on a travel request form as provided by the Director of Finance. Such travel ad- vances may be obtained no earlier than three working days prior to leaving on approved travel Travel advances will not include registration fees, transpor- ratio., or any other anHcipated expenses that have been prepaid or that are to be billed directly to the City, Section 3. Any unused travel advance shall be returned to the City Treasurer no later than the third workday back from approved traval and the request for reimbursement for travel expenses shall be submitted to the Director of Finance within seven working days of return. The request for reimbursement of travel expenses shall be supported by ap- propriate receipts. Section 4. Failure to return unused travel advances and/or to file for reim- bursement of travel expenses shall result in withholding the travel advance from the next payroll. Section 5. The Director of Finance shall file witk the City Council at the end of each calendar month a listing of all outstanding traval advances made to the Mayor and Members of City Council Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved Regular Session adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Council Member Deich. Abstain--Mayor Brady. Communication of City Manager re- subntitting Ordinance revising Chapter 9 of the City Code regulating bicycles within the City. presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt. Manning, Simon. Nays--Council Member Deich. ORDINANCE NO. 15-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING 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 AND FOR REGISTRATION OF BICYCLES, presented and read. Correct Member Kluesner moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Abstain--Council Member Deich. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt Manning, Simon. Nays--None. Abstain--Council Member Deich. (OFFICIAL PUBLICATION) ORDINANCE NO. 15-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY February 3, 1986 REPEALING SECTIONS 9-1 THROUGH 9-10 AND SECTIONS 9- 22 THROUGH 9-27 THEREOF AND ENACTING NEW SECTIONS 9-1, 9- 5 THROUGH 9-23 AND 9-30 THROUGH 9-40 IN LIEU THEREOF PROVIDING FOR REGULATING THE OPERATION OF BICYCLES ON STREETS, BIKE LANES AND SIDEWALKS AND FOR REGISTRATION OF BICY- CLES NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: CHAPTER 9 BICYCLES ARTICLE I. IN GENERAL "Sec. 9-1. Intent and purpose. (a) The City finds and declares that the regulation of the use of bicycles and the licensing of bicycles is in the public interest for the following rea- (1) to provide for the re/,~stration of all bicycles owned by residents; (2) to facilitate the identification and location of bicycles reported ste- len or missing; (3) to assist the Police Departe~ent in its efforts to prevent the theft of bicycles; (4) to establish safety equipment requirements for the operators of bicy- cles; and (5) to establish regulations governing the operation of bicycles on streets, bike lanes and sidewalks of the city." ARTICLE II. OPERATING BICYCLES "Sec. 9-5. Definitions. (a) As used in this chapter, the fol- lowing words shall have the following definitions: (1) Bicycle shall mean a device as defined in Sec. 25-2 of this Code. (2) Bicycle path shall mean a sepa. rate path that has been designated for use by bicycles by a traffic control device or other sign and that is separated from the street for other vehicular traffic by open space or a barrier. (3) Bicyclist shall mean a person operating or in actual physical control of a bicycle, including a person on foot walking a bicycle. (4) Frame number shall mean a unique identifying number perman- ently stamped or cast on the frame of a bicycle. Sec. 9-6. Equipment. (a) Each bicycle, when in use on the streets of the city at any time from sunset to sunrise, and at such other 47 Regular Session times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render clearly discernable persons and veificles at a distance of five hundred feet ahead, shall be equipped with a lamp on the front exifibising a white ligbt visible from at least three hundred feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred feet to the rear; except that a red reflector of a type approved by the United States Consmner Pro- ducts Safety Commission may be used in lieu of a rear light. Other lamps are permissible if no red light is directed towards the fl'out, nor white light to the rem'. (b) The use of sirens or whistles on a bicycle is prohibited. (c) No person shall drive a bicycle uuie~ it is equipped with a functional hi-ake. U~ficycles are exempt from the brake requirement. (d) A person propelling a bicycle on tbe streets of the city shall not ride other than upon or astride a perma- nent and regular seat attached to the bicycle. (e) Each bicycle driven along the streets of the city shall have such other equipment, and the equipment shall be in such condition, as will allow it to be operated safely. Sec. 9-7. Required method of riding a bicycle. (a) No bicycle shall be used by either tbe driver or any passenger to carry more passengers than the nmnber for which it is designed or equipped. (b) An adult tiding a bicycle may carry a clfild securely attached to the person in a backpack or sling. (c) Every person driving a bicycle shall keep at least one hand on the handlebars at all times and shall not carry any package, bundle or article that obstructs the driver's vision or prevents the use of both hands in the control m~d operation of the bicycle. Sec. 9-8. Clinging to vehicles. No bicyclist shall attach his bicycle or himself to any vehicle upon a road- way, sidewalk or bike path. This sec- tion shall not prohibit attaching a trailer or semi - trailer to a bicycle if that trailer or semi - trailer is designed for such attachement. Sec. 9-9. Following fire apparatus. No person tiding a bicycle shall fol- low any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such bicycle with the block where fire apparatus has stopped in response to a February 3,1986 fire alarm or other emergency. See, 9-10. Bicycle parking. (a) No person shall park a bicycle between the curb lines in such a way (1) causman obstruction to or impede the flow of traffic or of pedes- trians on public or private sidewalks; (2) hinder or restrict access to hand- rails or ramps; (3) lock the bicycle to a tree or fire hydrant; (4) park on a street except in an area desiguated for bicycle parking; or (5) leave the bicycle locked to a pole or post owned by the City for more than twelve consecutive hours. (b) Persons stopping or parking bicy- cles shall obey all the provisions of law regulating those activities on streets, but are exempt from other parking provisions nnless specifically men- tioned. Sec. 9-11. Bicycle to be driven to the right. (a) Every person driving a bicycle shall tide in the tight hand through lene of the roadway except under any of the following conditions: (1) when driving a bicycle in a bicy- cie lane; (2) when preparing for ~ left turn; (3) when reasonable necessary for safety; (4) when overtaking and passing on the left of another vehicle; (5) when on a one - way street, dr v- lng in the left through lane; or (6) when driving on a sidewalk as permitted by Sec. 9-22. (b) If any person drives a bicycle so slow as to impede or block the normal and legal forward movement of traffic preceding immediately behind such vehicle, then such person shall drive within the right four feet of the street until such impeded traffic has pa~sed by, except when reasonable necessary for safety. A person driving on a one - way street may satisty this require- ment by driving in the left hand four feet of the street. (c) A bicycle may be driven, on t/ paved shoulder if such driving daks not violate any section of law for p~assing or direction of traffic. See. 9-12. Bicycle turn signals. The driver of a bicycle is exefnpted from giving the hand and arm signal continuously if the hand is needed in the control or operation of the bicy- cie, but it shall be given for a, sub- stantiai petiod while stopped waiting to turn. The driver of a bicycle may signal a right turn by extending the right hand and arm hotizontally. 48 Regqlar Session Sec. 9-13. Left turns by bicycles. (a) The driver of a bicycle turning left in accordance with law may approach the turn anywhere within any separate left turn lane and may finish the turn by moving to the right lane as soon as it can be done in safety. (b) In addition to any other ~nethod specified by law, the driver of a bicycle may make a left tarn by crossing the intersection as close as practicable to the tigbt hand curbline to the far curb and then turning left to proceed in the proper position on the other roadway. A person making a left turn under the provisions of this subsection may do so only after cmnplying with all the obli- gations of drivers of vehicles approach- ing in the new direction on the other roadway. Sec. 9-14. Passing on right. (a) In addition to the permissible passing on the tight specified in the Code of Iowa, the following overtak- lng and passing is permitted if com- pleted in safety on unobstructed paved streets of sufficieut width, and the overtaking vehicle is not stopped or slowed for a pedestrian: (1) The overtaking vehicle is a bicy- cie in a bike lane. (2) the overtaking vehicle is a bicycle that is traveling to the right of vehicles stopped or moving in the right hand lane of travel, but the bicycle may not pass the first vehicle stopped at an intersection unless the bicycle is pre- paring to turn tight and the vehicle is not signaling a right turn, nor ~nay the bicycle pass a moving vehicle that is signaling a right turn, nor may the bicycle pass vehicles within an inter- section except a vehicle signaling a left turn. Sec. 9-15, Passing within lane prohffiD~d. Subject to special rnles applicable to bicycles and rules permitting passing on the right, no driver of any bicycle shah pa~s another vehicle other than a bicycle within the same lane. But any bicycle may pass to the left of a bicy- cle within the same lane if it is done in safety, and if the overtaking bicycle does not come within three feet of the bicycle Sec. 9-16. Bicycle not to pass in or between lanes. Except as otherwise provided in this chapter, the driver of a bicycle shall not overtake or pass in the same lane occupied by a four or more wheeled vehicle being overtaken, nor simll any person overtake a bicycle between lanes of traffic or between adjacent February 3, 1986 lines or rows of vehicles. Sec. 9-17. Riding abreast. Bicyclists on a street or a bicycle path shall not ride more than two abreast. Bicyclists operating bicycles two abreast on a laned street shall do so within a single lane. Bicyclists operating vehicles two abreast on a street should not i~npede the normal and reasonable movement of traffic, Sec. 9-18. Bicycle in cross walk. Persons driving Bicycles across a street and along a crosswalk frmn a sidewalk or bike path have all the duties applicable to pedestrians under the same circumstances and similarly have such rights, but only when the approach and entry into the street are made at a speed no greater than an ordinary walk so that other drivers may anticipate the necessity to yield when required. Sec. 9-19. Riding a bicycle in Town Clock Plaza. No person shall drive or ride a bicy- cle in or about Town Clock Plaza. Nor shall any person park a bicycle in Town Clock Plaza except at a bicycle ~arking device in an area set aside for bicycle parking. Sec. 0-20. Abandoned, unticensed and unattended bicycles. (a) Every bicycle left at any place for such times and under such circum- stances as to cause the bicycle to rea- sonable appear to be abandoned or larked in such manlier as to cause an immediate safety hazard, or an obstruction to entry or exit a building ama constitutes a public nuisance. If the person in possession of the bicy- cle is not present or is unwilling or unable to provide for its immediate removal, a police officer may remove and impound the bicycle. (b) Whenever any bicycle is found unlicensed by a police officer and there parked bicycle, the police officer is authotized to impound the bicycle. (c) Before the owner or persm~ entL tied to possession of any legal1; hnpounded bicycle shall be pernrittsd to remove ~ from the custody of the bicycle pound or other authorized location, he/she shall furnish evidence of identity and ownership of the bic? cie and evidence of a validly issued bicycle ficense to be placed on the bicycle ff no such license is perman- ently affixed to the bicycle. Sec. 9-21. Reckless operator of a bicycle. No bicyclist shah operate a bicycle recklessly or at a speed faster than is 49 Regular Session, February 3, 1986 as to endanger the life, lbnb or prop- erty of the bicyclist or of any other person. Sec. 9-22. Bicycle must yield to pedestrian on sidewalk. (a) A person driving a bicycle upon a sidewalk or in a crosswalk shall yield the riglit - of - way to any pedestrian and shall give an audible signal before overtaking and passing any pedestrian. (b) A person shall not drive a bicy- cle upon a sidewalk or in a crosswalk in those areas of the city where there is pedestrian congestion or at time in other areas of the city where there is pedestrian congestion. In such event, a bicyclist shall walk the bicycle if there is no street upon which a bicy- cle may be driven with safety. Sec. 9-23. Application of traffic laws to bicycles. Every person driving a bicycle has ail of the fights and duties applicable to the driver of a vehicle except as modified by this chapter," ARTICLE III. REGISTRATION "Sec. 9-30. Registration required. (a) Every bicycle owned or ridden within this city shall be registered pur- suant to the provisions of this article within ten days of the date the bicycle is acquired or the residency of the owner is established. (b) Registration of bicycles shall be made at the Office of the City Clerk and at such other places and times as the police chief may determine to be in the best interest of the public. (c) No bicycle shall be registered unless it displays a frame number. No person engaged in the business of sell- ing new or used bicycles at retail within tbis city shall buy or sell any new or used bicycle unless such bicy- cle has a frame number. (d) The City Clerk's Office and the Police Department shall not issue a license for any bicycle when it is known or there are reasonable grounds to believe that the applicant is not the owner of or entitled to the possession of the bicycle. (e) Exempt from the registration requirements of this chapter are bicy- cles in the possession of bicycle dealers and available for sale to others and bicycles owned and operated by non - residents of the city in competitive events or demonstrations conducted within the city. Sec. 9-31. Registration fees. (a) Until the first day of May 1986, the fee for a bicycle registration shall be twenty - five cents ($0.25), valid from the first day of May of any year to the last day of April of the next year. (b) For registrations valid on and after the first day of May 1986 and the first day of May of each even year thereafter, the fee for a bicycle regis- tration shall be one dollar ($1.00) valid for two years, expiring the last day of April 1988 and the last day of April of each even year thereafter. (c) Bicycle registration fees shall not be prorated or refundable. Sec. 9-32. Bicycle records. The Police Department shall keep a record of the number of each registra- tion, the date issued, the name and address of the person to whom issued, the number of the frame of the bicycle for which issued, and a record of all bicycle registration fees collected. Sec. 9-33. Registration sticker or decal. (a) The chief of police shall prescribe a form of sticker or decal bearing the registration nun~ber to be attached to the bicycle, The chief of police or his designee may also prescribe an identi- fying marking to be stamped into the frame of the bicycle if the bicycle does not have a m~que number stamped by the manufacturer. (b) The owner or operator of a bicy- cie shall firmly attach the sticker or decal to the frame of the bicycle for which issued. (c) No person shall remove a license sticker or decal from a bicycle except upon transfer of ownership as provided herein or wben the bicycle is disman- tied and no longer operated upon any street in this city. Sec. 9-34. Replacement of registra- tion sticker of decal. In the event of loss or destruction of the original registration sticker or decal, the owner of the bicycle may secure a replacement upon the pay- ment of a fee of twenty - five cents ($0.25) up to May 1, 1986 and one dol- lar ($L00) thereafter. Sec. 9-35. Altering, couterfeiting of registration sticker or decal pro- hibited. It shall be unlawful for any person to alter or counterfeit any registration sticker or decal issued in conformity with this chapter. Sec. 9-36. Procedure upon sale or transfer or registered bicycle. In the event a bicycle registered put- suant to this article shall be sold or transferred, the registration sticker or decal shall pass on to the new owner or transferee and the sale or transfer of such bicycle shall be reported to the chief of police by the new owner or transferee within five days after such 60 Regular Session, February 3, 1986 sale or transfer together with the name of the new owner or tranferee of such bicycle. Sec. 9-37. Inspection of bicycles. Any police officer may inspect a bicycle for required safety equipment if the police officer has reason to believe that the bicycle is in an unsafe mechanical condition and/or does not display the required safety equipment. Sec. 9-38. Rental agencies. A rental agency shall not rent or offer to rent any bicycle unless: (1) the bicycle is rgistered; (2) a registration sticker or decal is attached to the frame of the bicycle; and (3) the ficycle is equipped with the lamps and other equipment required by state law or this chapter. Sec. 9-39. Bicycle dealers and repair shops. Upon receipt by any dealer or repair shop of a bicycle or portion thereof which includes the frame, if the frame number or any portion of it has been removed, tampered with, or in any manner made illegible, the dealer or repair shop shall make an immediate report to the Police Department. Sec. 9-40. Violation. A violation of the provisions of this chapter is a simple misdemeanor pun- ishable under Section 805.8 of the Code of Iowa." Passed, aproved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 1986. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Abstain--Council Member Dalch. Communication of City Manager sub- mitring Ordinance which prohibits per- sons having control of private property knowingly permit a peddler or Transient Merchant to conduct business on their property without obtaining a license as required by Chapter 28 of the City Cede AND Communication of Thomas J. Schenker. Kennedy Mall Manager, go- ing on record as opposing the Transient Merchants Ordinance and the amend- ment being presented tonight, presented and read. Council Member Kronfeldt moved that the communications be received and fried. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Doich, Kluesner, Krieg, Kronfeldt. Manning, Simon. Nays--None. ORDINANCE NO. 16-86 AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CI- TY BY ENACTING A NEW SECTION 28-17 IN LIEU THEREOF PRO- VIDING FOR THE LICENSING OF PEDDLERS AND TRANSIENT MER- CHANTS, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Simon. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that the rule requiring un 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 Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. (OFFICIAL PUBLICATION ) ORDINANCE NO. 16-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 28-17 THEREOF AND ENACTING A NEW SECTION 28-17 IN LIEU THEREOF PROVIDING FOR THE LICENSING OF PEDDLERS AND TRANSIENT MERCHANTS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: 51 Regular Session, February 3, 1986 Section L That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 28- 17 thereof and enacting a new Sectlan 28-17 in lleu thereof as follows: "Sec, 28-17. Required. (a) It shall be unlawful for any per- son to engage in business as a peddler or transient merchant, as defined in this chapter, withhi the city, without first obtaining a license therefor and paying the license fee as pro¼ded in this chapter. (b) No person or agent baying con- trol of private property within the city shall knowingly permit another person to engage in business on or about that property as a peddler or transient mer- thant, as defined in this chapter, with- out first requiring that person to obtain a license therefor and paying the prescribed fee as provided in this chapter. Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Msry A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 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--Nane. Communication of City Manager sub- mitting Ordinance authorizing parking on the north side of Ninth Street from Central Avenue east to the Fire Head- quarter's driveway for City-owned vehicles assigned to the Fire Prevention Division, presented and read. Council Member Simon moved that the com- munication be received and flied. Seconded by Council Membex Kronfaidt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Nane. ORDINANCE NO. 17-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 25-280 THEREOF PROVIDING FOR RESERVED PARKING FOR FIRE PREVENTION DIVISION 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 Kronfeldt. Car- fled by the following vote: Yeas--Mayor Brady, Council Members Dalch, 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 17-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 25- 280 THEREOF PROVIDING FOR RESERVED PARKING FOR FIRE PREVENTION DIVISION VEHI- CLES NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new Sec- tion 25-280 thereof ss follows: "Sec. 25-280. Reserved Fire Pre- vention Division Parking. (a) When appropriate signs have been posted, that area hicated on the north side of Ninth Street between Central Avenue and the driveway to Fire Headquarters is set aside for the parking of Fire Prevention Division vehicles. (b) It shall be unlawful for the oper- ator of any vehicle to stop, stand or park within such area unless such vehicle is clearly identified and marked 52 Regular Session, February 3, 1986 as a vehicle assigned to the Fire Pre- Passed, approved and adopted this 3rd day of February, 1986. James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegrapb Herald newspaper this 10th day of February, 1986. Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Ordinance providing for penalties for parking violators of spaces reserved for City purposes on public streets, presented and read. Council Member Kronfeldt moved that the com- munication be received and filed. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kranfaldt, Manning, Simon. Nays--Nane. ORDINANCE NO.18-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SUBSECTION (6) TO SECTION 25-274 THEREOF PRO- VIDING FOR PARKING VIOLA- TIONS FOR PARKING IN RESERV- ED CITY SERVICE AREAS OR CITY- OWNED VEHICLE PARKING AREAS, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. seconded by Counc'd Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, 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 Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 18-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SUBSECTION (6) TO SECTION 25-274 THEREOF PROVIDING FOR PARKING vie- LATIONS FOR PARKING IN RESERVED CITY SERVICE AREAS OR CITY - OWNED VEHI- CLE PARKING AREAS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque; Iowa be amended by enacting a new Sub- section (6) to Section 25-274 thereof as follows: "Sec. 25-274. Parking violations - fines. (6) Parking in reserved City service areas or City - owned vehicle parking areas as provided in Sections 25-269, 25-270, 25-272 and 25-280 of this chap- ter. If paid within seventy - two (72) bouts from the time of violation as indicated in the notice, such fine shall be in the sum of five dollars ($5.00); if not paid within seventy - two (72) hours, then such fine shall be in the sum of seven dollars ($7.00)." Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 1986. Mary A. Davis City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Seeond- ed by Council Member Kluesner. Carried 53 Regular Session February 3, 1986 by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting Ordinance amending Code deleting the word "quarrel" when describing a fighting violation, presented and read. Council Member Simon moved that the communication be received and filed, Seconded by Coun- cil Member Kcenfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 19-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA BY REPEALING SECTION 26-2 THEREOF AND ENACTING A NEW SECTION 26-2 IN LIEU THEREOF PROVIDING THAT FIGHTING IS A VIOLATION OF LAW, 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 Kronfaldt. Car- ried by the following vote: 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 token, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 19-86 (OFFICIAL PUBLICATION) ORDINANCE NO. 19-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 26-2 THEREOF AND ENACTING A NEW SECTION 26-2 IN LIEU THEREOF PROVIDING THAT FIGHTING IS A VIOLATION OF LAW NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nonces of the City of Dubuque, Iowa be amended by repealing Section 26-2 thereof and enacting a new Section 26- 2 in lieu thereof as follows: "Sec. 26-2. Disturbing the Peace - Fighting. No person within the corporate limits of this city shall engage in a fight with another, or assault, strike, or attempt to assault or strike another, or invite or defy another person to figbt." Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 1986. Mary A. Davis City Clerk Council Member Shnon moved final adoption of the Ordnance. 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. 28-86 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the Irovisions 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. Passed, adopted and approved this 3rd 54 Regular Session February 3, 1986 day of February 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by tlie following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 29-86 WHEREAS, applications for Beer Permits have been submitted and filed to this Council for approval and the sonde 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 following named applicants a Beer Permit. CLASS "B"BEER PERMIT Golinvaux Inc. 2075 J.F.K Pizza Hut (Also Sunday Sales) Common Stock Trust of ESis 1500 J.F.K. L Levitt & Central Management Corporation Long John Silver's #10 (Also Sunday Sales) CLASS "C" BEER PERMIT Lee W. Potter, Sr., 408 West Locust St. Passed, adopted and approved this 3rd day of February 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriog, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 30-86 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 rele- vant 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 "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd. 3434 Dodge St. Dubuque Inn (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ruth E. Schromen 1100 Lincoln 1900 Tap James W. Goetzinger 3776 Jackson St. Goetz's (Also Sunday Sales) Pat ri¢ia Lombardi Schuster 1630 E. 16th St. Ms. Pat's (Also Sunday Sales) Passed, adopted and approved this 3rd day of February 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Council recessed at 9:16 p.m. Council reconvened at 9:31 p.m. Communication of City Manager sub- mitring Budget and Documents for Fiscal Year 1987, presented and read. Council Member Simon moved that the communication be received and fli- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council 55 Regular Session, February 3, 1986 Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring three Resolutions authorizing publication of official notices of the Public Hearing required in connection with the adoption of the Fiscal Year 1987 Budget, presented and read. Court- cil Member Kluesner moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt. Manning, Simon. Nays--None. RESOLUTION NO. 31-86 SETTING THE DATE OF PUBLIC HEARING ON THE FISCAL YEAR 1987 BUDGET FOR THE CITY OF DUBUQUE. WHEREAS. Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Section 362.3 of the Code of Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council shall conduct a public hearing on the propos- ed 1986-1987 budget of the City of Dubu- que at the Carnegie Stout Public Library Auditorium, Eleventh and Bluff Streets, Dubuque, Iowa on Monday, February 24, 1986, beginning at 7:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law no,ice of public hearing together with the required budget information. Passed, approved and adopted this 3rd day of February, 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, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 32-86 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM. WHEREAS, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the capital projects for the first year are included in the Fiscal rear 1987 budget for the City of Dubu- que; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvement Pro- gram simultaneously with the public hearing and adoption of the Fiscal Year 1987 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library Auditorium, Eleventh and Blaff Streets, Dubuque, Iowa on Monday, February 24, 1986, beginning at Z'$O p.m. Section 2. That the City Clerk be and is hereby authorized and directed to ~ublish notice of public hearing of the meeting. Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 33-86 AUTHORIZING PUBLICATI~)N OF NOTICE OF PUBLIC HEARING FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 56 Regular Session February 3, 1986 WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as amended, to certain Community Development Block Grant Funds; and WHEREAS, the regulations govern- lng the submission of a statement of in- tent for such funds require that citizens be provided with adequate information concerning the Community Develop- ment Block Grant Program and an ade- quate opportunity to participate in the devciopment of the submission and in the development of any revisions, changes or amendments; and WHEREAS, it has been deemed to be in the best interest of the Community Development Block Grant Program to hold a hearing to supplement previous- ly held meetings with private and public agencies, City Manager's budget meetings, and the public meeting con- ducted by the Community Development Department; and WHEREAS, it is further deemed to be in the best interest of the City of Dubuque to hold such public hearing simultaneously with the publlc hearing on the five year Capital Improvement Program and the Fiscal Year 1987 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the C~/ty Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form of Exhibit "A " attached hereto and made a part thereof Passed, approved and adopted this 3rd day of February, 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. MINUTES SUBMITTED: Airport Comm. of 1-14; Cable Community Teleprogramming Comm. of 1-7; Dock Comm. of 1-21; Electrical Examining Bd. of 1-14; Historic Preservation Comm. of 1-7 & 1-21; Housing Code of Appeals Board of 1-15; Human Rights Comm. of 1-9; Plumbing Board of 1-8 & 1-21; Police Retirement Board of 1-9; KeyLine Earnings Statement and Statistics for December, 1985; Planning and Zoning Commission of 1-8; Zoning Board of Adjustment of 12-26-85, presented and read. Council Member Kronfeldt moved that the minutes 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. NOTICES OF CLAIMS AND SUITS: Crystal Ambrosy in unknown amount for car damages; Bernice Arm- bruster in unknown amount for medical expenses; Clarence L. Armbruster by his mother and next friend in unknown amount for personal injuries; Mrs. Gene Belghie in unknown amount for personal property losses; Wm. F. & Lois M. Bublltz in unknown amt. for water damages due to water break on West St.; Flynn Ready-Mix Concrete Co. sub- mitting Mechanic Lien in amount of $3,682.54 for work done; Gloria Fuller in unknown amount for car daraages; Ruth E. Helm in est. amount of $281.36 for car damages; Stephen D. High in est. amount of $380 for personal injuries; Shirley Jones in amount of $124 for per- sonal injuries; Earl W. Leckington in unknown amount for personal injuries; Theorore A. Pfiffner vs. City of Dubu- que et al submitting garnishment of funds: Earl Rhodes of $14.56 and $205.64 for car damages; St. Matthew Lutheran Church in amount of $92.50 for property damages, presented and read. Council Member Kronfaldt moved that the claims and suits be referred to the Legal Staff for inveetigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice to release of Com- munity Devolopment Funds for a specific project, presented and read. Council Member Kronfeldt moved that 57 Regular Session, February 3, 1.986 the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaidt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Spatz Malones, $211.25 on unexpired Liquor License, Norane Miilman $50 on unex- plred Cigarette License, presented and read. Council Member Kronfeldt moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt. Manning, Simon. Nays--None. Communication of Allan T. Thorns submitting his resignation from Airport Commission effective January 27, 1986, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed and resigna- tion accepted with regret. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfcldt, Manning, Simon. Nays--None. Communication of Corporation Counsel recommending settlement of property damage claim of Joyce Risley in amount of $17.21 and recommending settlement of property damage claim of Wayne Cook in the amount of $131.51, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed and set- tiemente approved and Finance Direc- ter to issue the proper checks. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaidt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending denial of towing of car claim of James L. Link; property damage claim of Scott Wallace; proper- ty damage claim of Roseanne Geselbrecht and personal injury claim of Ramona Routley, presented and read. Council Member Kronfaldt moved that the communications be received and fil- ed and denials approved. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing Mayor be authorized to sign the Grant Agreement with HUD in the amount of $750,120 for calendar year 1986, presented and read. Council Member Kronfeldt 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. RESOLUTION NO. 34-86 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNI- TY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1986. WHEREAS, under provisions of Ti- tle I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and sub- mitted a Statement of Intent on December 2, 1985 for a Community Development Block Grant; and WHEREAS, the submission has been approved by the Department of Hens- ing and Urban Development in the amount of $750,120 for a twalve-month program commencing January 1, 1986; and WHEREAS, a Grant Agreement covering the activities proposed to be carried out with Community Develop- ment Block Grant funds has been tendered the City of Dubuque: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- Regular Session, February 3, 1986 CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Development on January 27, 1986, for a Community Development Block Grant to the City of Dubuque is hereby accepted. Section 2. That the Mayor of the Ci- ty of Dubuque be and he is hereby authorized and directed to execute a Community Development Block Grant Agreement identified as Grant Agree- ment B-86-MC-19~O04 for submission to the U.S. Department of Housing and U~ ban Development. Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfaldt, Manning, Simon. Nays--None. Communication of City Manager recommending acceptance of construc- tion contract for the Main and 14th Street Storm Sewer Rehabilitation Pro- ject, presented and read. Council Member Kronfcldt moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 35-86 WHEREAS, the contract for the main and 14th Street Storm Sewer Rehabilitation 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 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- 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 Capital Improvement Program in amount equal to the amount of his con- tract, less any retained percentage pro- vlded for therein. Passed, adopted and approved this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. FINAL ESTIMATE RESOLUTION NO. 36-86 WHEREAS, the contract for the Main and 14th Street Storm Sewer Rehabilitation has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous 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 $74~ 795.10 and that said amount shall be ~aid from the Capital Improvement pro- gram of the City of Dubuque, Iowa. Passed, approved and adopted, this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 59 58 Regular Session February 3, 1986 Council Member Kronfeldt moved adoption of the Resolution. Seconded 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 recommending acceptance of the War- ranty Deeds for properties acquired for the reconstruction of the Cedar Cross Road Bridge, presented and read. Council Member Kronfeldt moved that tho conununication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kcieg, Kronfaidt, Manning, Simon. Nays--None. RESOLUTION NO. 37-86 WHEREAS,' the City of Dubuque, Iowa has acquired the real estate hereinafter described for the reconstruc- tion of the Cedar Cross Road Bridge; and WHEREAS, Warranty Deeds have been conveyed to the City of Dubuque, Iowa for these properties described as follows: 1. Lot 2 of 4 of ML 231, Lot 2 of 3 of ML 232, and Lot 2 of 2 of 3 of 3 of ML 231 in the City of Dubuque, Iowa. 2. Lot 1 of 1 of i of I of 1 in Barrels- Center Grove Place in the City of Dubu- que, Iowa. 3. Lot 1 of 2 of ML 21lA in the City of Dubuque, Iowa. 4. Lot 1 of part of Lot 1 of Lot 20 in Center Grove Addition, Lot I of part of Lot 1 of Lot 21 in Center Grove Addi- tion, Lot 1 of part of Lot 1 of 1 of ML 233, and Lot I of 1 of 2 of ML 233, all in the City of Dubuque, Iowa; and WHEREAS, said Warranty Deeds should be accepted by thc City Council of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa; Section 1. That the delivery of the Warranty Deeds conveying to the City of Dubuque, Iowa the hereinabove described real estate, be and the same are hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deeds to be record- ed in the office of tke Dubuque County recorder together with a certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a certified copy of this Resolution to the Dubuque City Assessor and the Dubuque Coun- ty Auditor Passed, approved and adopted this 3ed day of February, 1986. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Counail Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending acceptance of the War- ranty Deed for property purchased by the City on Brunswick St., presented and read. Council Member Kronfeldt moved that the comnmnication be received and filed. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 38-86 WHEREAS, the City of Dubuque, Iowa has acquired the real estate hereinafter described; and WHEREAS, Warrem~y Deed has been conveyed to the City of Dubuque, Iowa for this property described as follows: Lot 156 and Lot 157 of Belmont Ad- dition in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, said Warranty Deed 60 Regular Session February 3, 1986 should be accepted by the City Council of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the delivery of the Warranty Deed conveying to the City of Dubuque, Iowa the hereinabove describ- ed real estate, be and the same are hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be record- ed in the office of the Dubuque County Recorder together with a certified copy of this resolution. Section 3. That the City Clerk be and is hereby directed to forward a certified copy of this resolution to the Dubuque City Assessor and the Dubuque Coun- ty Auditor Passed, approved and adopted this 3rd day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the followlng vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Coun- cfi Member Kronfeldt moved to adjourn. Seconded by Council Membex Kluesner. Carried by the follwoing vote: Yeas--Mayor Brady, Cmmeil Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 11:08 p.m. Mary A. Davis City Clerk Approved 1986 Adopted 1986 Mayor Council Members ATTEST: City Clerk 61 Regular Session, CITY COUNCIL OFFICIAL Regular Session, February 17, 1986. Council Met at 7:30 P.M., Fublic Library Auditorium. Present: Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. The Invocation was given by Father John Daiton, Pastor of St. Raphaal's Cathedral. PROCLAMATIONS: Weeks of Feb. 20 thru April 10 as "Easter Seal Weeks in Dubuque" received by Mary Biggins; Week of Feb 17-23 as "National Engineer's Week" received by Loras Khiesner; Week of May 6 thru 11 as "Days of Remembrance of the Victims of the Holocaust"; Commending Terry G. Trueblood Ior outstanding leadership during his tenure as Park and Recrea- tion Director. Council Member Manning moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing for the purpose of considering a project for which financial assistance from UMTA is applied Irenovation and repair of the Keyline Bus Garngel, presented and read. There were no written objec- tions received and no oral objectors pre- se~t at the tim~ of tbe Hearing. Coun- cil Member Simon moved that the prool oI publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, February 17, 1986 Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting communications from Historic Preservation Commission and Planning and Zoning Commission regarding pro- posed expansion to the Old Main Historic Preservation District which weald include the Orpheum Theater, 214 let St. and 65, 76, 80, 84 and 99 Main St. and recommending public hearing be held on tho proposed expansion, presented and read. Council Member Simon moved that the communication(s) be received and filed and directed Staff to submit to the State Office of Historic Preservation. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances by extending the boundaries of the Old Main Historic District in Section 19~/2-6.2 thereof, 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 Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Simon moved that the rule requiring an Ordinance to be presented and read at tv~o 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 Deich, Kluesner, Krieg, Kronfetdt, M~nni~g, Simon. Nays--None. Council Member Simon moved that a Public Hearing be held on the Ordinance on April 21, 1986 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner Regular Session, February 17, 1986 prescribed by law. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving reclassifica- tion of property located at 554 W. 8th Street from R-2 to OR District, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coon- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--Nane. An ORDINANCE Amending Code of Ordinances by reclassifying property at 554 W. 8th St. from R-2 Two Family Residential District to OR Office Residential District, presented and read. Council Member Simon 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, Khiesner, Krieg, 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 t~ken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kcieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Simon moved that a Public Heating be held on the 0rdmance on March 3, 1986 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by taw. 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 authorization to execute a Con- tract with a firm for design and con- struction monitoring services regarding the rehabilitation of the Bus Maintenance Garage, presented and read. Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Deich, Klueaner, Krieg, Manning, Simon. Nays--Mayor Brady, Council Member Kronfeldt. RESOLUTION NO. 39-86 SELECTION OF ARCHITEC- TURAL/ENGINEERING FIRM FOR DESIGN AND CONSTRUCTION SER- VICES ASSOCIATED WITH REHABILITATION OF THE BUS MAINTENANCE GARAGE. WHEREAS, the recommended Capital Improvement Program Fiscal Year 1987-1991 recommends the expen- diture of $1,331,294.00 for the rehabilitation of the bus maintenance garage; and WHEREAS, the Capital Improve- mant Program in fiscal year 1986 budget )rovides for the expenditure of $96,000.00 for phase I of the rehabiflta- tion winch would be principally the rein- forcement of the structural integrity of north wall and preliminary engineering for relocation of the offices from the se- cond floor to the first floor; and WHEREAS, phase II of the project which would address issues such as dltionai structural improvements of the building, replacement of the mechanical ~ systems and improvement of the elec- trical systems and possible replacement of all or sections of the roof, and installa- ion of insulation te make the building more energy efficient; and WHEREAS, three architec- turu[/engineering firms were interview- ed on January 31, 1986, by represen- ;atives of the Transit Board, Transit Department of ECIA and the Public 62 63 Regular Session, February 17, 1986 Works Department; and WHEREAS, the selection committee has recommended the Dun'ant Group as the firm best qualified professionally to provide the necessary architec- tural/engineering and construction monitoring services associated with the rehabilitation of the bus maintenance garage. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the City Council con- curs in the selocHon of the Durrant Group as the architectural/engineering firm for the architectural/engineering work and construction services associated with the rehabilitation of the bus maintenance garage. Section 2. That the City Manager be authorized to negotiate and execute a contract with the Durrant Group for a~ chitecturaffengineerlng and construct~n monitoring services associated with the rehabilitation. Passed, approved and adopted this 17th day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Dalch Kluasner, Krleg, Manning, Simon. Nays--Mayor Brady, Council Member Kronfeldt. Communication of Swiss Valley Farms requesting assistance of the Ci- ty of Dubuque to expand their facility at 3510 Central Ave., presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager recommending Council direct City Staff to initiate the process of establishing an Urban Renewal District on the proper- ty adjoining the Swiss Valley facility in response to their request for expansion, and read. Council Member Kluesner moved that the communica- tion be received and filed and matter referred to the City Manager for im- plementation. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluasner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager questing approval to authorize ECIA Business Growth, Inc. to loan $60,000 from the City's portion of the EDA Revolving Loan Ftmds to Dubuque Tool and Die, Inc., presented and read. Coun- all Member Kluasner moved that the communiction be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kroofeldt, Manning, Simon. Nays--None. RESOLUTION NO. 40-86 A RESOLUTION AUTHORIZING ECIA BUSINESS GROWTH, INC. TO LOAN $60,000 FROM THE CITY OF DUBUQUE'S PORTION OF THE EDA REVOLVING LOAN FUND TO DUBU- QUE TOOL AND DIE, INC. WHEREAS, the City of Dubuque has funded a part of the local match of an EDA Revolving Loan Fund (RLF~ which is administered by ECIA Business Growth, Inc.; and WHEREAS, Dubuque Tool and Die, Inc. has requested a loan of $60,000 from the RLF for aquial~ioo of Vulcan Tool Company of Iowa, Inc.; and WHEREAS, ECIA Business Growth, Inc. has requested that the City of Dubuque authorize it to loan Dubuque Tool and Die, Inc. funds from the City of Dubuque's portion of the RLF; and WHEREAS, the City Manager and Staff have reviewed the Dubuque Tool and Die, Inc. project and have recom- mended that the City support said Regular SessioE project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ECIA Business Growt]~ Inc. is hereby authorized to loan to Dubuque Tool and Die, Inc. $60,000 from the City of Dubuque's portion 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 17th day of February, 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, Kinasner, Kcieg, Kronfaldt, Manning, Simon. Nays--None. Council Member Simon moved that an appointment to the Airport Commission be tabled until the next meeting. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 41-86 BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubu- quo, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. My-Cap Vendors - James Bainbrldge1375 Locust St. Ryan House Nash Finch Company 3355 J.F.K. Circle Eeonofoods//471 Do Inc. 430 Rhomberg ,February3, 1986 Passed, approved and adopted this 17th day of February 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, Man- ning, Simon. Nays--Council Member Kronfeldt. RESOLUTION NO. 42-86 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 nc- 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 following named applicants a Beer Permit. CLASS "E" BEER PERMIT Lucky Stores~ Inc. 2050 J.F.K. Eagle Food Center #320 (Also Sunday Sales) Beverly R. Miller 230 Southern Sid's Beverage Store (Also Sunday Sales) Nash Finch Company 3355 J.F.K. Circle Econofonds #471 (Also Sunday Sales) CLASS "C" BEER PERMIT Do Inc. 430 Rhomherg Sunshine Mart (Also Sunday Sales) Passed, approved and adopted this 17th day of February 1986. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Dalch moved edop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council 64 65 Regular Session Members Daich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt RESOLUTION NO. 43-86 WHEREAS, applications for Liquor Licenses have been submitted to thi~ Council for approval and the same have been examined and approved; and WHEREAS, the premises to be oc- cupied by such applico~ts were in- spected o~qd found to compley with the State Law and all City Ordinances rele- vant 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 LIQUOR LICENSE Cuemaster Limited 841 Central Cue Master Billiards (Also Sunday Sales) The Apartments Ltd. Bennedy MaS Dubuque Mining Co. (Also Sunday Sales) Town Clock Inn, Inc. 8th & Main Town Clock Inn Schroby's Inc. 1121 University Schroby's SPECIAL CLASS "C" BEEP~WINE LICENSE Ken Fene]on's Finer 3130 Jackson Fonds Reslaurant, Inc. (Also Sunday Sales Passed, approved and adopted this 17th day of February 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 Daich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. MINUTES SUBMITTED: Public Library of 1-15, Dubuque In-Future, Inc. of 1-9, Five Flags Comm. of 1-20; Historic Preservation Comm. of 2-4: Mechanical Board of 1-28; Park and Recreation Comm. of 1-14; Cable Regalatery Corem. of 1-22; Planning and Zoning Comm. of 1-22 & 2-5; Zoning 66 February 3_______, 1986 Board of Adjustment of 1-23, presented and read. Council Member Simon mov- ed that the minutes be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Avis Rent-A-Car in amount of $580.16 for car damages; Kevin G. Brandel in est. amount of $200 for car damages; Chicago Avis in amount of $424.88 for car damages; Shirley A. Con- rad vs. City of Dubuque in amount of $3000 for personal injuries; Ardell L. Hoff in est. amount of $84.23 for tire damages; State Farm Mutual Automobile Insurance Co. submitting property damage claim of Jeanette L. Hohmann, et al in unknown amount; John Keen in amount of $500 for per- serial injuries; Terry D. Licht in amount of $75.02 for car damages; Laura Noel vs. City of Dubuque in unknown amount for personal injuries; Mrs. Melitta F. Richter in unknown amount for personal injuries; Richard Spangler in est. amount of $165 for car damages; Mary and William Wright in unknown amount for car damages, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, ~Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Co~nmunicatlon of Corporation Counsel recommending denial of proper- ty damage claim of Crystal Ambrosy, presented and read. Council Member Simon moved that the communication be received and filed and denial approv- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Melnbers Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Gerald W. McAleece, Jr. expressing "Thanks" for Regular Session, February 3, 1986 naming of the new sports complex in honor of his father, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Merlyn Atkinson requesting installation of sidewalks in the area for school children attending St. Anthony's, Senior and Wahlert High, presented and read. Council Member Kluesner moved that the communica- tion be referred to the City Manager. Seconded by Council Member Simon. Carried by the following 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 paid for month of December, 1985, presented and read. Council Member Simon mov- ed that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Filing of the Final Plat and Schedule of Assessments against benefited properties for the reconstruction of John F. Kennedy Road AND Certificate of City Clerk stating notices were sent by certified mall to known property owners for above pro- ject, presented and read. Council Member Simon moved that the proof and certificate 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. REFUNDS REQUESTED: Stanley Robey, $25 on unexpired Cigarette License, presented and read. Council Member Simon moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing Mayor be authorized to sign the Community Development Grantee Performance Report, presented and read. Council Member Simon 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, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 44-86 AUTHORIZING PUBLICATION OF NOTICE OF AVAILABILITY FOR PUBLIC INSPECTION OF CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS. WHEREAS, under date of February 21, 1986, the Annual Grantee Perfor- mance Report for Calendar Year 1985 will be sent to the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.507 (a) of the Community Development Block Grant Program requires that an Annual Grantee Performance Report showing status of all activities as of end of calen- dar year be submitted to Department of Housing and Urban Development; and WHEREAS, Section 570.507 (3) re- quires that there be public notice of the availability of the Grantee Performance report for inspection by the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor of the Ci- ty of Dubuque be and he is hereby authorized to sign the City of Dubuque's 1985 Community Development Grantee 67 Regular Session Performance Report. Section 2. That the City Clerk be and she is hereby authorized and directed to publish in the Dubuque Telegraph Herald, a newspaper of general circula- tion within the City, public notice in the form of Exhibit A, attached hereto and make a part hereof Passed, approved and adopted this 17th day of February, 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, Kronfeldt, Manning, Simon. Nays--None; Communication of City Manager sub- mitting brief summary of a public meeting conducted by the City Manager on the Fiscal Year 1987 City Budget, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Member Khieener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager and Housing Inspector submitting Tax Ex- eruption Applications by property owners in the Urban Revitalization Areas, presented and read. Council 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 Deich, Kfueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO 45-86 A RESOLUTION APPROVING TAX EXEMPTION APPLICATIONS SUB- 68 February 17, 1986 MITTED BY PROPERTY OWNERS IN THE WEST ELEVENTH STREET AND WASHINGTON STREET UR- BAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR. WHEREAS, the Urban Revitaliza- tion Act, as enacted by the 68th General Assembly of the State of Iowa, allows cities to give property tax exemptions for improvement made to properties in a designated revitalization area; and WHEREAS, the Urban Revitaliza- tion Act requires each property owner to submit a written exemption applies- tion by February 1 of the assessment year for which the exemption is first claimed, and further requires the gever- ning body of the City of approve all ap- plications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the local assessor far review by March 1 of each year; and ' WHEREAS, pursuant to the re- quiremente of said Urban Revitalization Act, City Ordinances 15-81 and 40-81 establish the West Eleventh Street and Washington Street Urban Revitaliza- tion Areas, respectively; and WHEREAS, the City Clerk of the Ci- ty of Dubuque, Iowa, as of February i, 1986, received tax exemption applica- tions from owners of property as follows: James R. Dixon for improvements at 1403-1405 Washington; James E. and Julie A. Gross for improvements at 1105 Grove Terrace; Maiers and Schmitt Apts. for improvements at 1028-1030 Walnut and Stephen and Judy Salchert for improvements at 28-30 E. 15th Street; and WHEREAS, Staff of the City's Com- munity Development Department have reviewed the above described applica- tions and inspected the properties, and have determined that the applications and the improvements conform to all quirements of the City of Dubuque's Up ban Revitalization Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described tax exe~nption applications meet all the Regular Session, February 17, 1986 requirements of the City of Dubuque Up ban Revitalization Plan. Section 2. That the above described tax exemption applications are hereby approved by the City Counci& subject to the review and approval of the City Section 3. That the City Clerk of the CiO: of Dubuque is hereby authorized to forward the above described tax exernp- tion applications to the City Assessor. Passed, adopted and approved this 17th day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Park and Recrea- tion commission submitting copy of their motion commending Terry Trueblcod for his services over the past 15¼ years of service for the City of Dubuque, presented and read. Council Member Simon moved that the com- munication be received and Bled, Seconded by Council Member Kluosner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Court~ cfi Member Klueaner moved to adjoarn. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Meeting adjourned at 9 p.m. Mary A. Davis City Clerk Approved Adopted _ Mayor Council Members ATTEST: City Clerk .1986 .1986 69 Special Session, February 24, 1986 CITY ~0-~NClL Development Corporation requesting OFFICIAL Special Session, February 24, 1986. Council Met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfuldt, Manning, Simon, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose to CONDUCT A PUBLIC HEAR- lNG ON THE BUDGET FOR THE CI- TY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1987. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Budget for City of Dubuque, Iowa for Fiscal Year 1987; Proof of publication, certified to by the Publisher, on Notice of Public Hearing on the Five Year Capital Improvement Program covering the Fiscal Year beginning July 1, 1986 thru the Fiscal year beginning July 1, 1990; Proof of publication, certified to by the Publisher, on Notice of Public Hearing for the purpose to obteinJng the views of residents of the City on Com- munity Development and Housing Needs; Communication of Walter Pragler submitting petition containing approx. 548 signatures requesting City government maintain Medic Eleven as primary pre-hospital advanced life sup- port unit exempt from firefightlng duties. Communications of Ric Jones and Rick Kreiman opposing City Manager's proposal to dismantle the Ambulance Division; Communication of Keith Shaw, M.D. opposing proposed changes in the Fire Dept. Ambulance Service; Communication of Mrs. Ralph B. Tritsch strongly urging the City not to alter the job duties of the City paramendics; Communication of Latha Bonnewell requesting concentration be given regarding the use of Five Flags as a community center; communication of A.L. Weitz being of opinion that Key//ne must be dropped; Petition of Rosa Reis requesting to keep our Bus Service; Peti- tion of 80 residents of Mount Carmel questing the continuation of the present Saturday bus sexvice; Petition of Dubu- que Convention and Visitors Bureau re- questing 30% of the hotel/Motel Tax; Communication of Greater Dubuque continued funding from the City in the amount of $30,000; Petition of Helping Services for Northeast Iowa requesting funding in the amount of $3,619.80 toward their program's substances abuse prevention efforts; Petition of Substance Abuse Services Center re- questing a grant of 75 cents per capita from City's share of Liquor Revenue; Petition of Substance Abuse Services Center requesting funding in the amount of $9,746; Petition of Dubuque Evening Lions requesting funding be given to the Substance Abuse Services Center (SASC); Petition of Operation: New View requesting ~unds from the Ci- ty in the amount of $8,990; Petition of Phone-A-Friend, Inc. requesting funding from City's budget for Fiscal Year 1986-87; Petition of Project Concern re- questing funding from City's budget for Fiscal Year 1986-87; Petition of Project Concern requesting continued funding of specialized transportation for City's elderly and handicapped citizens; Peti- tion of RSVP requesting funding for their organization; Petition of Public Safety Dispatcher requesting improved Communication Center Operations; Peti- tion of Dubuque County Medical Socie- ty requesting Ambulance Service stay as is; Communication of Morris Smith opposing proposed changes of am~ bulance services in Dubuque, presented and read., Council Member Kluesner moved that the proofs of publication, petitions and communications be receiv- ed and filed. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfuldt, Manning, Simon. Nays--None. A RESOLUTION Adopting the An- nual Budget for the Fiscal Year ending June 30,1987 and A RESOLUTION Providing for the adoption of the Five Year Capital Improvement Program for period beginning July 1, 1986 as set out in the Fiscal Year 1987-1991 Recom- mended Capital Improvement budget, were presented and read. Council Member Deich moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire, with a request of 6 minutes limitation per speaker. Seconded by Council Member Simon. Carried by the following vote: Special Session,____~February 24, 1986 Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. POLICE DEPARTMENT -- No Oral Commente. EMERGENCY COMMUNICA- TIONS CENTER -- No Oral Comments. FIRE DEPARTMENT -- Rick Krsiman submitted a Fact Sheet regar- ding the proposed budget as presented. Walter Pregler spoke to the petition regarding Ambulance Service and re- quested to leave the Fire Department as it presently is. Steve Kennedy, 2570 Jackson, representing the Jaycees spoke to proposed ambulance change. Dr. Neumeister agreed with the City Manager's proposal for the budget. Dave Morris suggested that a Task Force be formed regarding the Fire and Police Department's budgets. DISASTER SERVICES -- No Oral Comments. HUMAN RIGHTS DEPART- MENT -- No Oral Comments. PUBLIC WORKS DEPART- MENT -- No Oral Comments. COMMUNITY DEVELOPMENT SERVICES -- Judie Fjellman, representing the League of Women Voters, spoke to this budget as did Bud Isenhart. BUILDING SERVICES -- No Oral Comments. HEALTH SERVICES--No Oral Comments. PARK & RECREATION DEPART- MENT -- No Oral Commente. CIVIC CENTER DEPART- MENT -- No Oral Comments. LIBRARY DEPARTMENT-- No Oral Comments. AIRPORT DEPARTMENT-- No Oral Comments. TRANSIT DEPARTMENT-- Dr. Neumalster spoke to this budget and Walter Pregler stated it would probably be at the March 13 meeting of the Tran- sit board before tasks can be spoken to as directed at work session. Judie Fjellman read a statement regarding the Transit Department. PUBLIC WORKS DEPART- MENT -- Dr. Neumalster spoke to the department's budget. WATER DIVISION--No Oral Comments. WASTEWATER DIVISION -- No Oral Comments. STREET DIVISION- No Oral Comments. PARKING DIVISION--No Oral Comments. COMMUNITY DEVELOPMENT qDMINISTRATION -- No Oral Comments. HOUSING SERVICES DIVI- SION -- No Oral Comments. CITY HALL MAINTENANCE- No Oral Comments. CITY COUNCIL -- No Oral Comments. CITY MANAGER'S OFFICE -- Ric Jones, Dr. Neumsister and Steve Kelley spoke to this departmental budget. CITY CLERK'S OFFICE -- No Oral Comments. FINANCE DEPARTMENT-- No Oral Comments. LEGAL DEPARTMENT -- No Oral Comments. INFORMATION SERVICES DEPARTMENT -- No Oral Comments. PURCHASE OF SERVICES --Judie Fjeliman, League of Women Voters, read a statement; City Manager advis- ed the Convention and Tourism Bureau requested an additional 5%; Bridget Kluesner spoke on behalf of Operation: New View and Pat McDonald spoke on behalf of the Substance and Abuse Program. CABLE TV DEPARTMENT -- Dr. Neumeister addressed the Council on this department. Judie Fjellman, League of Women Voters, expressed apprecin- tion to the City Manager and Staff for work well done on the budget. Steve Kelley and Dave Mihal commented on decisions to be made. Mayor Brady advised that the public input of this public hearing was closed and the matter would now be discussion from the table only, among Council Members and City Staff. 71 Special Session, February 24, 1986 Special Session, February 24, 1986 POLICE DEPARTMENT -- Council Member Kluesner moved that the roof replacement project be moved from FY1988 to FY1987. Seconded by Coun- cji Member Manning. Carried by the following vote: Yea~--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. FIRE DEPARTMENT (Ambulance Staffing -- Assignments) -- Council Member Daich moved to leave Am- bulance Service as is and approve Am- bulance fees increase. Seconded by Mayor Brady. VOTE ON THE MO- TION WAS AS FOLLOWS: Yeas--Mayor Brady, Council Members Deich, Kluesner. Nays--Council Members Krieg, Kronfaldt, Manning, Simon. MOTION FAILED. Council Member Manning moved to remain with dedicated ambulance and continue in the transfer business, in- crease arabulance fees and personnel would be routinely and regularly rotated and Medic 12 continue to be flying squad in support of Engine 5 and Truck 2. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Manning. Nays--Mayor Brady, Council Member Kronfeldt, Simon. CIVIC CENTER DEPART- MENT- Council Member Kluesner moved to eliminate Technical Director I and Patron Services Manager and reduce rent revenue estimate by $52, 520. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. COMMUNITY DEVELOPMENT DEPARTMENT -- Council Member Klucener moved to reduce Capital Im7 provements to make up the $125,000 reduction in Block Grant Funds for FY 1987 with tbe following: Acquisition & Demolitinn - $50,000; Rehabilita- tinn -$30,000; Commercial/Industrial Loans-S20,000; Economic Develop- ment-$25,000. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt. Manning, Simon. Nays--None. LEGAL DEPARTMENT -- Council Member Kluesner moved to change Assistant City Attorney position back to part-time position and provide addi- tional funds required for ambulance case judgement. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krleg. Kronfeldt, Manning, Simon. Nays--None. PURCHASE OF SERVICE-- Council Member Manning moved to ap- prove Convention and Visitors Bureau request for an additional 5% of hotel/motel tax and earmark 2% of this to be split evenly between the three festivals; providing $6,377 for festivals and $89,266 for the Convention and Visitors Bureau. Seconded by Council Member Kluesner. Carried by the renew- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manni~ng, Simon. Nays--None. Council Member Manning moved that the Substance Abuse request for fun- ding of $9,746 be approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved that the wages of City Manager, City Clerk and Corporation Counsel be at a rate not more than the an~ount as setti- ed by various unions. Seconded by Court- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO 46-86 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FIS- CAI, YEAR ENDING JUNE 30, 1987. BE IT RESOLVED by the Council of the City of Dubuque, Iowa: The annual budget for the fiscal year ending June 30,1987, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof show- lng the revenue estimates and ap- propriation expenditures and allocations to programs and activities for said fiscal year is adopted, and the clerk is directed to make the filings required by law and to set up his books in accordance with the summary and details as adopted. Passed and approved on February 24, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, as amended. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 47-86 ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM. WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, 1986 and ending June 30, 1991 for the City of Dubuque has been prepared and submit- ted to the City Council; and WHEREAS, the five year Capital Im- provement Program: I1) describes specific capital improve- ment proiects: t2} nrovides estimated costs for those projects; (3) proposes sources of funds for each of them; and 14) schedules the year during winch each project will be undertaken; and WHEREAS, the capital improvement projects for the first year are included in the Fiscal Year 1987 budget for the City of Dubuaue; and WHEREAS, ~i~e five ye~z Capita~ ~m~ provement Program will be reconsidered annually by the City Council and ap- propriately revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continui- ty of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 1986 as set out in the I~scal Year 1987-1991 Recommended Capital Improvement Budget as amend- ed is hereby approved and adopted as the proposed allocation of the C~ty resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 24th day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, as amended. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Council recessed at 9:52 p.m. Reconvened in Regular Session at 10:01 p.m. RESOLUTION NO. 48-86 RESOLUTION CALLING AN ELECTION ON THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX IN TIlE AMOUNT OF ONE PER~ CENT (1%) FOR TIlE CITY OF DUBU- QUE, IOWA. WHEREAS, Chapter 422B of the 1985 Iowa Code Supplomen~ authorizes the imposition of certain local option toxes after an election in winch the ma- jority of the electors vote in the afflr- WHEREAS, the imposition of a local sales and services tax to provide prope~ ty tax relief, replace Federal Revenue Sharing Funds to be reduced in Federal Fiscal Year 1986 and eliminated in the Federal Fiscal Year 1987, and provide 73 Regular Session local financial self-sufficiency would be in the best interest of the City of Dubu- que to provide long-term financial stability of both the operating and capital budgets of the City; and WHEREAS, the City Council of the City of Dubuque declares its intent to hold at the general election on November 4, 1986, an election for the purpose of permitting the electorate to pass upon the proposition of imposing a one percent (1%) sales and services tan for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the County Commis- sioner of Elections of Dubuque County is hereby directed to give notice of and conduct at the general election on November4, 1986 an elaction for the pu~ pose of submitting to the voters of the City the following proposition: "To authorize the imposition ora local sales and services tax in the City of Dubuque at the rate of one percent (1%) to be effective on January 1, 198Z" Section 2. That revenues from the sales and services tax are to be allocated in the City of Dubuque as follows: "Fifty percent (50%) for property tax relief." The special purposes for which the revenue shall otherwise be expended are: "Twenty percent (20%) for replace- ment of federal General Revenue Sha~ ing Funds in the capital improvement budget. Thirty percent (30%) to replace a po~ tion of future borrowing and thereby reduce property tax requirements for principal and interest payments." Section 3. That the City Clerk is authorized and directed to provide a ce~ tiffed copy of this Resolution to the County Commissioner of Elections of Dubuque County and to the County Board of Supervisors of Dubuque County. Passed, approved and adopted this 24th day of February, 1986. James E. Brady Mayor February24,1986 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, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending Cede of Ordinances by enacting a new Section 18-52 in lieu thereof providing for a schedule of Rates and Charges for City Ambulance Service, presented and read. Council Member Kluesner moved that the Ordinance be referred back to the Ci- ty Manager to adjust and include transfer fee. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Delch, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting a new subsection (a) of Section 7-33 and a new subsection (a) of Section 7-35 in lieu thereof providing for license fees for Dogs and Cats, presented and read. Council Member Manning moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Klunsner, Krieg, Manning. Nays--Council Members Kronfeldt, Simon. ORDINANCE NO. 20-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-161 THEREOF AND ENACTING A NEW SECTION 36-161, IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES, presented and read. Council Member Manning moved that the reading just had be considered the Regular Session first reading of the Ordinance. Second- ed by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfaldt, Manning, Simon. Nays--None. Council Member Manning moved that the rule requiring an Ordinance be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 20-86 ORDINANCE NO. 20.86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEAL- ING SECTION 36-161 THEREOF AND ENACTING A NEW SECTION 36-161, IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended to repealing Section 36- 161 thereof and enacting a new Sec- tion 36-161, in lieu thereof as follows: Sec. 36-161. Residential, Commercial and Industrial Uses. a. Commencing with all billings on and after July 1, 1986, the rates to be charged for water for residential, com- mercial, industrial and other uses and purposes by any person, firm or cot- potation supplied water within the City shall be fixed and determined as follows: 1. Water rates for users within the city whose meters are read monthly shall be as follows: Consumption Charge Per (Cubic Feet) Hundred Cubic Feet First 3,O0O $1.18 Next 12,000 0.98 Next 35,000 0.88 Next 50,000 0.78 Over 100,000 0.68 February 24, 1986 The minimum monthly charge according to size of the meters shall be as foliows: MONTHLY RATES Meter Minimum Allowance (Inches) Charge (Cubic Feet) % $2.36 200 sA 9.44 800 I 15.34 1,300 IIA 24.78 2,100 1¥2 30.68 2,600 2 51.08 4,600 3 109.88 10,600 4 168.84 16,800 6 344.84 36,800 8 558.50 62,500 b. Commencing with all billings on and after July 1, 1986, the rates to be charged for water supplied by the City Water Division to residential, commer- cial, industrial and other uses and pur- poses by any person, firm o r corporation, outside the corporation limits of the City of Dubuque, Iowa, shall be at one hundred fifty percent of the rates set forth herein above. c. For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated co~sump- tion. For estimated billings, when read- ings are not obtainable for any reason, consumption will be predicated on monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the mlnimtan charge and related con- sumption identified for the size of the meter in service for the particular account. d. If requested by a user, a remote reading device may be installed and billed on an installment contract over a maximum of six month period. e. Adjustments from estimated read- ings will be made when an actual meter reading is obtained. The adjust- merit will be reflected on the users next regular bill Section 2. That tiffs ordinance shall be in full force and effect on and after July 1, 1986. PASSED, APPROVED AND ADOPTED this 24th day of February, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of 74 75 Regular Session Mm'ch, 1986 Mary A. Davis City Clerk Council Member Manning moved final adoption of the Ordinance. 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. 21-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE Cf- TY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-56 THEREOF AND ENACTING A NEW SECTION 36-56 IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES, presented and read. Council Member Simon moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the fonowlng 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 21-86 ORDINANCE NO. 21-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-56 THEREOF AND ENACTING A NEW SECTION 36-56 IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- February 24, 1986 CIL OF THE CITY OF DUBUQUE, IOWA: 'Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Section 36- 56 thereof and enacting a new Section 36-56 in lieu thereof as follows: Section 36-56 Established. Commencing with all billings on and after July l, 1986, contributors whose property lies within the corporate limits of the City, except as otherwise provided in this division, shall pay to the City, through its collection agent at its office at the same time payment for water service is made, a sewer ser- vice charge computed on water con- sumption on the following rates: a. Basic Charges: The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all custom- ers utilizing sewer service, bills will be issued monthly. When a water meter is not read monthly for any reason, bills will be issued on estimated consump- tion. For estimated billings, or when a reading on a water meter is not obtainable for any reason, consump- tion will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which histori- cal data is not available, billing will be predicated on the minimum charge and related consmnption identified in sub- section c. 7, for the s~ze of the water meter in service for the particular b. Schedule of Rates: Monthly Rates Rate per each 100 cubic feet $1.29 c. Service Charge 1. When a parcel of real estate, prop- erty or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is not a user of water supplied by the City Water Division and the water used thereon or therein is not acceptable to the City, the amount of water used shall be deter- mined by the City in such nmnner as the City Manager may elect to estab- ilsh the rate of charge as provided in this division, or the owner or other interested parties at his expense, may install and maintain a meter accept- able to the City for said purposes. 2. When a parcel of real estate, prop- erty or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is a user of water sup- 76 Regular Session, February 24, 1986 plied by the City Water Division and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the City, the amount of water used shall be deter- mined by the City in such a manner as the City Manager may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at his/her expense may install and maintain a meter acceptable to the City for said pur- poses. 3. When a parcel of real estate, prop- erty or building, discharging sahitary sewage, industrial wastes, water or other approved waste either directly or indirectly into the City's sanitary sewer system, is not a user of water supplied by the City Water Division, the amount of sanitary sewage, indus- trial wastes, water to other approved waste discharged into the sanitary sewer system shall be determined by the City in such a manner as the City Manager may elect in order to estab- lish the rate of charge as provided in the division, or the owner or other interested parties at his/her expense, may install and maintain a sewage meter acceptable to the City for said purposes. 4. The City Council may, in its dis- cresion, upon application, permit con- nection to the City sanitary sewer system of properties located outside the corporation limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein estabfished for City users. 5, In order that the rates and charges may be modestly and eqhita- bly adjusted to the service the City shall have the right to base its charges not only on valume, but also on the strength and character of the sewage and wastes deposited in the system by the user. The City shall have the right to measure and deter- mine the strength and content of all sewage and wastes discharged either directly or indirectly into the City's sahitery sewage system, in such man- ncr and by such meshods as it may deem practicable in the light of the conditions and circmnstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with users on an individual contract basis when concentration of the sewage exceeds three hundred (300) milligrams per liter of biochemical oxygen demand, three hundred fifty (350) milligrams per liter of suspended solids or two (2) percent or more of the flow rate into the sewage treaUnent plant. 6. The rates and charges may be billed the tenant or tenants occupying the properties serviced, unless other- wise requested in writing by the owners, but such bifiing shall in no way relieve the owner from liability in the event payment is not made as required in this division. 7. Where the quantity of water con- sumed is such that the mininmm water service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: MONTHLY RATES Meter Size Minimum Allowance Charge (cubic feet) % $2.58 200 aA 10.32 800 1 16.77 1,300 1iA 27.09 2,100 1Vz 33.54 2,600 2 59.34 4,600 3 136.74 10,600 4 216.72 16,800 6 474.72 36,800 8 806.25 62,500 Section 2. That this ordinance shall be in full force and effect on and after July 1, 1986. PASSED, APPROVED AND ADOPTED this 24th day of Febrnary, 1986. James E. Brady Mayor AT'PEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 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, Kluesner, Krieg, Kronfoldt, Manning, Simon. Nays--None. There being no further business, Court- cfi Member Kronfeldt moved to adjourn. Seconded by Council Member Kluesner. Carried by the following vote: 77 Regular Session, February 24, 1986 Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 10:08 p.m. Mary A. Davis City Clerk Approved__ 1986 Adopted 1986 Mayor Council Members ATTEST: City Clerk 78 Regular Session OFFICIAL Regular Session, March 3, 1986. Council Met At 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Khiesner, 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 that service thereof had been duly made and this is the REGULAR MONTHLY MEETING called for the purpose to act upon such business which may proper- ly come before the Council. INVOCATION: Pastor William Poland, Pastor of the Center Grove and Rockdale United Methodist Churches. PROCLAMATIONS: Month of March as "Mental Retardation Month" received by Roy Schmeichel; Week of March 1-8, 1986 as "Seabee Week in Dubuque" received by Michael Kennedy and Wayne Brimmer. Council Member Dalch moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Mann~g. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Man- nlng, Simon. Nays--None. Absent--Council Member Kronfaldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reconsider reclassifying property at 554 W. 8th Street from R-2 to OR District, presented and read. No written objections were received and no oral ob- jectors were present. Tim O'Mailey re- quested favorable passage of the Ordinance. Council Member Kluesner moved that the proof of publication 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. March 3, 1986 Absent--Council Member Kronfeldt. ORDINANCE NO. 22-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE ~IENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPERTY AT 554 WEST EIGHTH STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OR OF- FICE RESIDENTIAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of February 17, 1986, presented for further action. 79 ORDINANCE NO, 22-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 554 WEST EIGHTH STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DIS- TRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of tbe City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as tbe "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-2 Two-Family Residential District" to "OR Office Residential District", to wit: North i00 feet of West 15 feet of Lot 49, the North 100 feet of East 17 feet of Lot 50 and the North 100 feet of the West 33 feet of Lot 50, all in "Corieil's Dubuque" in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND