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1986 March Council ProceedingsRegular 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 Counell Members ATTEST: City Clerk Regular Session, OFFICIAL Regular Session, March 3, 1986. Council Met At 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Delch, 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 Delch moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Man- ning, 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'Malley 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 AMENDED BY REVISING APPEN- )IX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSI- ~'YING 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. 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 the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-2 Two-Family Residential District" ~o "OR Office Residential District", to wit: North 100 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 "Carieli'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 79 78 Regular Session APPROVED this 3rd day of March 1986 James E. Brady Mayor ATTEST: Mm'y A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of March, 1986. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Petition of Dubuque Auxiliary Police requesting to address the Council and to give a final report on the success of the portable two-way radio fund drive, presented and read. Gary Engiing spoke. Council Member Simon moved that the petition be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon, Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager recommending the selection of an ar- chitectural/engineering services associated with the installation of an elevator and associated remodeling work in City Hall, presented and read. Coun- cil Member Kluesner moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Manning, Simon. Nays--Council Member Delch. Absent--Council Member Kronfaldt. RESOLUTION NO. 49-86 SELECTION OF ARCHITEC- March 3, 1986 TURAL/ENGINEERING FIRM FOR DESIGN AND CONSTRUCTION SER- VICES FOR THE INSTALLATION OF AN ELEVATOR AND ASSOCIATED REMODELING WORK IN CITY HALL. WHEREAS, the Capital Improve- ment Program FY 1986-1990 recom- mends the installation of an elevator and associated remodeling in City Hall; and WHEREAS, $100,000.00 of Com- munity Development Block Grant monies have been allocated for this pro- ject improvement; and the balance of funding from General Fund/Land Sales; and WHEREAS, the installation of an elevator in City Hall will remove ar- chitectural barriers to the handicapped, both for employees of the City and citizens conducting business in City Hall; and WHEREAS, the interview committee representing members of the Communi- ty Development and Public Works Department has selected the Durrant Group to be the best firm qualified pro- fesdionally to provide the necessary ar- chitectural/engineering and construction monitoring services associated with the installation of the elevator and associated remodeling activities. 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 selection of the Durrant Group as the architectural/engineering firm for the architectural/engineering services associated with the installation of an elevator in City Hall and the associated rqmodeling activities. Section 2. That the City Manager be authorized to negotiate and execute a contract with the Durrant Group for the architectural/engineering and construe- tion monitoring services associated with the elevator installaHon and associated remodeling activities. Passed, approved and adopted this 3rd day of March, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved Regular Session adoption of the Resolution. Seconded by Council Member Manning. C~rried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. Communication of City Manager re- questing approval to purchase bleachers for the McAleece park and Recreation Complex in the amount of $22,240, presented and read. Council Member Kinesner moved that the communica- tion be received and filed and purchase approved. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 23-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SECTION 18-52 THEREOF AND 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 Simon mov- ed that this 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, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Council Member Simon moved that the requirement that the Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally adopted be suspended. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. .March 3, 1986 Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 23-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 18-52 THEREOF AND ENACTING A NEW SECTION 18~52 IN LIEU THEREOF PROVIDING FOR A SCHEDULE OF RATES AND CHARGES FOR CITY AMBU- LANCE SERVICE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 18- 52 thereof and enacting a new Section 18-52 in lieu thereof as follows: "Sec. 18-52. Rates - established. There is hereby established the fol- lowing schedule of rates and charges for city ambulance service: (1) For transporting one person from any point within the city limits to any other point within the city ~mits: a. Prescheduled routine transfers or Between 8:00 a.m. to 8:00 p.m., per trip $55.00 Between 8:00 p.m. to 8:00 a.m., per trip $65. CO b. Emergency calls not requiring advanced emergency medical care, per trip $85.OO c. Emergency calls requiring advanced emergency medical care, per trip $125.00 Effective on and after July 1, 1986 ibr transporting one person from any point within the city limits to any other point within tlie city lindt~s: a. Prescbeduled routine transfers or Between 8:00 a.m. to 8:00 p.m., per trip $55.00 Between 8:00 p.m. to 8:00 a.m., per trip $65.00 b. Emergency calls not requiring edvanced emergency medical care, per tsip $~00.00 c. Emergency calls requicing advanced emergency medical care, per trip $140.00 (2) For transporting one person from any point outside of the city limits to any point witlfin the city limits or to any point outside of the city limits from within the city limits, the rate 80 81 Regular Session March 3, 1986 shall be as set ibrth in pm'agraph (1) above, plus a twenty-four dollar ($24.00) surcharge, plus one dollar ($1.00) per load mile per trip. The sur- ohm'ge shall not be applicable to resi- dents of the city. (3) In addition to the above charges, there may be imposed a further charge of twenty-five &lllars ($25.00) per hour, or fraction thereof, for delays in excess of ten (10) minutes not caused by the mnbulance driver. (4) Responding to calls where emer- gency medical care is provided, but transportation is not required or such transportation is refused: a. Service provided within the city limits, per person $51.00 b. Service provided outside the city limits, per person $85.00 Effective on and after July 1, 1986 responding to calls where emergency medical care is provided, but transpor- tation is not required or such transpor- tation is refused: a. Service provided within the city limits, per person $60.00 b. Service provided outside the city ~imits, per person $94.00 (5) For the return transportation witlfin four (4) hours of transportation provided under paragraph (1) or para- graph (2) above, the charge for the return transportation shall be sixty (60) percent of the scheduled charge." Passed, approved and adopted this 3rd day of March, 1986. James g. Brady Mayor ArFi'EST: Mary A, Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of March, 1986. Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance as amended. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. An Ordinance Amending the Code of Ordinances by enacting a new subsec- tion (a) of Section 7-33 and a new sub- section (a) of Section 7-35 in lieu thereof providing for license fees for dogs and cats, said Ordinance having been presented and read at the Council Meeting of February 24, 1986, presented for further action. Council Member Kluesner moved that the reading just had be considered the second reading of the Ordinance. Seconded by Council Member Ktieg. Carried by the following Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg. Manning. Nays--Council Member Simon. Abeent--Council Member Kronfeldt. Communication of City Manager re- questing affirmation of suspension of a Water Plant Employee, presented and read. Council Member Kinesner moved that the communication be received and filed and affirmed the Manager's deci- sion. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Ktieg, Manning, Simon. Nays--Council Member Deich. Absent--Council Member Kronfsidt. Discussion on status of Riverside Park Development was held. Council Member Khiesner moved that the mat- ter be referred to the City Manager with specific direction. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Dsich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Abeent--Council Member Kronfeldt. Council discussion to establish consen- sus of contente of letter to be forward- ed to the Airport Commission. Council Member Manning moved that the City Manager draft a letter for the Mayor's signature expressing the concerns stated. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dsich, Kluosner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Regular Session March 3, 1986 APPOINTMENT TO THE AIRPORT COMMISSION-One unexpired term which will expire 9-14-90 (term of A. Theme). Applicants: R. Felderman. C. Flynn, Wm. Frsiburger, T. Manternach, M. Phillips, Dr. C. Rose, H. Styer, J. Holdiman, D. McMulien, C. Cox. Mayor Brady voted for Cox, Council Member Deich voted for Cox, Council Member Klnesner voted for Cox, Coun- cil Member Kronfeldt--Abeent, Council Member Manning voted for Cox, Coun- cil Member Simon voted for Cox. Therefore, Chadwyn Cox was appointed to fill the unexpired term on the Airport Commission which will expire 9-14-90. RESOLUTION NO. 50-86 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Mary L. Turner 600 Central Ave, Park Square Passed, adopted and approved this 3rd day of March 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 51-86 WHEREAS, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, the premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Brian's, Inc, 3305 Asbury Rd. Brian's, Inc. (Also Sunday Sales) William F. Dunne 54 Locust St. Dunne Conoco (Also Sunday Sales) Passed, adopted and approved this 3rd day of March 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 52-86 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- rant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fonowing named appli- cant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Passed, adopted and approved this 3rd day of March 1986. James E. Brady Mayor ATTEST: 82 83 Regular Session Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Printed Council Proceedings for month of September, 1985, presented for Council approval. Council Member Man- ning moved that the proceedings be ap- proved as printed. Seconded by Coun- cil Member Delch. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- nlng, Simon. Nays--None. Absent--Council Member Kronfeldt. MINUTES SUBMITTED: Airport Comm. of 2-6 & 2-13; Cable Telepcegrammlng Comm. of 2-6; Hous- ing Comm. of 2-18; Human Rights Comm. of 2-13; Park and Recreation Comm. of 2-11; Transit Trustee Bd. of 2-17, presented and read. Council Member Manning moved that the minutes be received and filed. Second- ed by Council Member Deich. Con-led by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kranfeldt. Communication of Corporation Counsel recommending daniel of water- main break claim of William and Lois Bublitz, presented and read. Council Member Manning moved that the com- munication be received and filed and d~nial approved. Seconded by Council Member Deich. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Canncfl Member Kronfeldt. ~March 3, 1986 NOTICES OF CLAIMS AND SUITS: Lowell Routley vs. City of Dubuque Small Claims Ct.) in amount of $926 )lus costs and interest for personal in- urles sustained by their daughter; John Hosken, in est. amount of $504.95 for car damages; Delbert F. Heckalsmiller vs. City of Dubuque submitting Notice of Appeal on rulh'~g; Leo Link vs. Kevin Helm and City of Dubuque for wce~ful and untimely death of Plaintiff's dece- dent, Jeffrey Link; Leo M. Dix, in estimated amount of $590 for becked-up · sewer damages, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Deich. Carried by the fonowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Abeant--Council Member Kronfeldt. Communication of Corporation Counsel recommending lawsuit of City of Dubuque vs. Iowa State Racing Com- mission be diswissed without prejudice, ~resented and read. Council Member Manning moved that the communica- tion be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klansner, Krieg, Man- ning, Simon. Nays--None. Absent--Canncll Member Kronfaldt, Proof of publication, certified to by the Publisher, that copy of Grantee Perfor~ mance Report to HUD is on file in various offices within the City of Dubu- que, presented and read. Council Member Manning moved that the proof of publication be received and fil- ed. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krleg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Canununication of City Manager sub- mitting Financial Reports for the month of January 1986, presented and read. Council Member Mmmlng moved that 84 Regular Session the communication be received and ill- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner. Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Annual Audit of Dubuque Racing Assn., Ltd., as required by lease, presented and read. Council Member Manning moved that the audit be receiv- ed and filed: Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. There being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Simon. Carried by the foliowlng vote: Yeas--Mayor Brady, Council Members Daicb, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Mary A. Davis City Clerk Approved _ __1986 Adopted __1986 Mayor Council Members ATTEST: City Clerk March 3, 1986 85 Regular Session, March 17, 1986 CITY OFFICIAL Regular Session, March 17, 1986. Council Met At 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Krieg. Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Assis- tant City Attorney James A. O'Brien. Absent--Corporation Counsal Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is a REGULAR MEETING of the Council called for the purpose to act upon such bus'mess which may properly come before the Council. The Invocation was given by Rev. Richard Blodgett. Pastor of the First Church of the Nozarene. PROCLAMATION: Month of April as "Fair Housing Month". Communication of Planning and Zon- ing Comm. approving amendment to Zoning Ordinance to establish Bed and Breakfast Homes as a conditional use in the R-3 Moderate Density Multi-Family Residentiai District and providing for definition of same in Section 8 defini- tions, presented and read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg. Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending the Code of Ordinances by revising Appon- (iix A thereof by enacting a new Section 3-1.4d(3) in lieu thereof to establish new provisions for Bed and Breakfast Homes as a conditional use in the R-3 Moderate Density Multi-Family Residential; and by enacting a definition for Bed and Breakfast Homes in Section 8 definitions, presented and read. Coun- cil Member Kluesner moved that this be considered the first reading of the Or- dinance, presented and read. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluosner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kluesner moved that the requirement that a proposed Or- dinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kluesner moved that a Public Hearing be held on the propos- ed Ordinance on the 7th day of April at 7:30 o'clock p.m. at the Public Library Auditorium and that the City Clerk be directed to publish notice of the public Hearing in the manner prescribed by law. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving amendment to Zoning Ordinance to establish Nursery School/Day Care Centers as a conditional use in the OS District, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending Appen- dix A of Code of Ordinances by enacting a new Section 3-2.2D(6) to establish Nursery School/Day Care Centers as a conditional use in the OS Office Service District, presented and read. Council Member Simon moved that this be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Simon moved that the requirement that a proposed Or- dinance be considered and voted on for passage at two council meeting prior to the meeting at which it is to be finally adopted be suspended. Seconded by Regular Session 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 a Public Hearing be beld on the proposed Ordinance on the 7th day of April at 7:30 o'clock p.m. at the Public Library Auditorium and that the City Clerk be directed to publish notice of the Public Hearing in the manner prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfuldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting resolutions and requesting public hearings be held for Keyline FY '87 State Transit Assistance and UM- TA Operating and Capital Assistance, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and that the Hearing be set for April 21, 1986 at 7:30 o'clock p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner. Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 53-86 RESOLUTION AUTHORIZING THE FILING OF A GRANT APPLICA- TION FOR OPERATING ASSISTANCE WITH THE STATE TRANSIT ASSISTANCE PROGRAM AND AUTHORIZING THE ENTERING IN- TO A CONTRACT WITH THE IOWA DEPARTMENT OF TRANSPORTA- TION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the Ci- ty of Dubuque is hereby authorized to execute and submit on behalf of the Ci- ty of Dubuque a grant application in the amount of $40,000 to be used for operating assistance with the State Transit Assistance Program and is fu~ March 17, 1986 ther authorized to enter into a contract with the Iowa Department of Transpo~ ration for such operating assistance. Section 2. That the Transit Manager is hereby authorized to furnish such ad- diffonal information as the Iowa Depart- ment of Transportation may require in connection with such grant application.. Passed, adopted and approved this 17th day of March, 1986. James E. Brady Mayor Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 54-86 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 Transportaion 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- merit 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 connecUlon with these pro- jects, and that definitive procedures shall be established and administered to ensure that minority bus'mess shall have 86 87 Regular Sessio~ the maximum construction contract, supplies, equipment contracts, or consub tent and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the Ci- ty of Dubuque is authorized to execute and file applications on behalf of tho Ci- ty of Dubuque with the U.S. Depart- ment of Transportation to aid in the financing of an operating assistance pro- ject and the financing for the purchase ora handicap accessible mini-bus, com- putor terminals and shop tools pursuant to Section 9 of the Urban Mass Transportation 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 pur~ poses of Title Vl of the Ctvil Rights Act of 1964. Section 3. That the Transit Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in eonnee- tion with the application for the program of projects. Section 4. That the Mayor of the Ci- ty of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the program of projects' procurement needs. Section 5. That the City Manager is hereby authorized and directed to for- ward said applications and resulting standard executed contracts to the respective agencies in a timely fashion and as required by the State or HUD. Passed, approved and adopted this 17th day of March 1986. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager con 88 March 17, 1986 cerning an application opporturdty for additionai Rental Rehabilitation Funds from the State of Iowa, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 55-86 RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR $200,000.00 OF ADDITIONAL FUNDS UNDER THE IOWA RENTAL REHABILITATION PROGRAM AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN SUPPORT THEREOF. WHEREAS, the City of Dubuque functions as a Public Housing Agency under provisions of Chapter 403A of the 1966 Code of Iowa, as amended; and WHEREAS, the 1982 City of Dubu- que Housing Strategy recommends "...p~U~icipatiou in any new federal hous- ing program directed at improving the existing housing stock..." and endorsed the continuation and expansion of the Section 8 Existing Housing Program; and WHEREAS, the City of Dubuque and the United States Department of Hous- lng and Urban Development have recantiy approved a Housing Assistance Plan which indicates continued need for additional rental rehabilitation and housing assistance funds, especially within the approved Community Development target areas; and WHEREAS, the City is successfully administering a State of Iowa grant for the Rental Rehab and assisted housing programs; and WHEREAS, the State of Iowa, Office of Planning and Programming, under date of January 28, 1986, issued a writ- ten invitation to the City of Dubuque to apply for additional Rental Rehabilita- tion Program funds and supporting Sec- tion 8 Existing Housing funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for $200,~00.00 in Rental Rehabilitation funds to the State of Regular Session Iowa, Office of Planning and Program. ming (State) is hereby approved~ Section 2. That the submssion of an application for forty (40) units (one unit for each $5,0~0 of Rental Rehab funds) in the Section 8 Existing Housing Pro. gram to the U.S. Department of Hous- lng and Urban Development (HUD) to be used in support of the Rental Rehabilitation Program, is hereby approveci Section 3. That the Mayor is hereby authorized and directed to execute the necessary applications and other re. quired documents necessary to support the City's application and to execute tho standard contracts for up to the max. imam funds applied for which may result from such applications. Section 4. That the City of Dubuque Housing Commission is hereby directed to conduct the necessary public hearing regarding this application as soon as possible, in accordance with re. quirements of Chapter 403A.28 of the Code of Iowa and to review and approve or suggest modifications of the plans for program design and administration of the proposed program. Section 5. That the Mayor of the Ci- ty 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 finane. lng of the operating assistance program of projects. The undersigned duly qualified and ac- ting Mayor of the City of Dubuque cer- tifies that the foregoing is a tree and cor- rect copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa, held on March 17, 1986. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Klueaner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 24-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE Cf- March 17, 1986 TY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (a) OF SECTION 7-33 AND SUBSECTION (a) OF SECTION 7-35 THEREOF AND 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, said Ordinance having been precented and read at the Council Meetings of February 24, 1986 and March 3, 1986, presented for further (OFFICIAL PUBLICATION) ORDINANCE NO. 24-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION (a) OF SECTION 7-33 AND SUBSECTION (a) OF SECTION 7-35 THEREOF AND ENACTING A NEW SUBSEC- TION (a) OF SECTION 7-33 AND A NEW SUBSECTION (a) OF SEC- TION 7-35 IN LIEU THEREOF PROVIDING FOR LICENSE FEES FOR DOGS AND CATS 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 Subsection (a) of Section 7-33 thereof and enact- ing a new Subsection (a) of Section 7- 33 in lieu thereof as follows: "Sec. 7-33. Dogs - License Fee (a) Until the first day of April 1, 1986, the license fee per calendar year, or fraction thereof, for a dog license shall be six dollars ($6.00) for each neutered dog and eleven dollars ($11.00) for each dog not neutered. For licenses valid on and after April 1, 1986, the license fee per calendar year, or fraction thereof, for a dog license shall be seven dollars ($7.00) for each neutered dog and twelve dollars ($12.00) for each dog not neutered." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Subsection (a) of SecUion 7-35 thereof and enact- ing a new Subsection (a) of Section 7- 35 in lleu thereof as follows: '~Sec. 7-35. Cats - License Fee (a) Until the first day of July 1, 1986, the license fee per calendar year, or fraction thereof, shall be tfiree dol- lars ($3.00) for each neutered cat, either male or female, and five dollars and fifty cents ($5.50) for each male or 89 Regular Session female cat not neutered. For liceoses valid on and after July 1, 1986, the license fee per calendar year, or fraction thereof, shall be three dolloxs and fiRy cents ($3.50) for each neutered cat, either male or female, and six dollars ($6.00) for each male or female cat not neutered." Passed, approved and adopted this 17th day of March, 1986. Jame~ E. Brady, Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Published officially in the Telegraph Herald newspaper this 26th day of March, 1986. Karen M. Chesterman Deputy City Clerk Council Member Kluesner moved that this be considered the third reading and final adoption of the Ordinance. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesnar, Krieg, Kronfeldt, Manning, Simon. Nays--None. BOARDS AND COMMISSIONS: AIRPORT ZONING COMMIS- SION - Council Member Manning mov- ed that they hold off on appointments to this Commission for one month and readvertlze and also contact appllcante to tbe Airport Commission to see if they are interested. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. CIVIL SERVICE COMMISSION- One Six Year term which will expire 3-31-92 - Two applicants: F.M. Hellert & Gerald J. Koppes. Mayor Brady voted for Heliert, Council Member Deich voted for Hellert; Council Members Kinesner voted for Koppes; Council Member Krieg voted for Koppes; Council Member Kronfeldt voted for Koppes; Council Member Manning voted for Koppes; Council Member Simon voted for Koppes. Therefore, Gerald J. Koppes reappohited to the Civil Service Com- mission for a six year term which will expire 3-31-92. HISTORIC PRESERVATION COM- MISSION- 1 UnExpired Term (from His. Soc.) which will expire 6-29-86 (term March 17, 1986 of D. Ibsen). Applicant: Robert W. Smith. Council Member Kronfeldt mov- ed that Robert W. Smith be appointed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. POLICE/FIRE PENSION BOARDS - 2 Four Year Terms which will expire 3-31-90; Applicants: Ralph Q. Hartlep, Jr., Larry T. Herrig, Daniel E. Welu, Donald W. Wand and Linda Roepsch. Linda Roepsch spoke to the Commission. Vote on the appointment was as follows: Mayor Brady voted for Roepsch and Wand; Council Member Deich voted for Herrig & Wand; Council Member Kluesner voted for Wehi and Wand; Council Member Krieg voted for Welu and Wand; Council Member Kronfeldt voted for Walu and Wand; Council Member Manning voted for Welu and Wand; Council Member Manning voted for Welu and Wand; Council Member Simon voted for Herrig and Wand. Therefore, Daniel E. Walu was reap- )ointed and Donald W. Wand was ap- pointed to four year terms which will ex- )ire 3-31-90. TV CABLE TELEPROGRAM- MING COMMISSION-1 Unexpired Term which will expire 6-30-87 and 1 unexpired term which will expire 6-30-86; Applicant: Dennis Corse. Coun- cji Member Kluesner moved that Mr. Corse be appointed to fill the unexpired term which will expire 6-30-87. Second- ed 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 they receive and file the resignation of Council Member Kronfeldt to the Con- vention and Tourism Bureau and that they affirm the appointments of Coun- cil Members Krleg and Manning. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 56-86 90 Regular Session BE IT RESOLVED by the City Coun- cfi of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes with in the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Dennis J. Meyer, Inc. Bunker Hill Road Bunker Hill Golf Course Vendors Unlimited 2760 Dodge St. d/b/a Super 8 Motel Passed, approved and adopted' this 17th day of March 1986. James E. Brady Mayor ATTEST: Karen M. Cbestorman Deputy City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 57-86 WHEREAS, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, the premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW THEREFORE BE IT RESOLVED by tbe 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 Dennis J. Meyer, Inc. Bunker Hill Rd. Bunker Hill Golf Course (Also Sunday Sales) CLASS "C"BEER PERMIT Earl E, Schumaeher 2204 Central Oky Doky Foods, #5 (Also Sunday Salest Wffi Co., Inc. 805 West 0th Oky Doky Foods, #10 (Also Sunday Sales) CLASS "E' PERMIT Passed, approved and adopted this 17th day of March 1986. James E. Brady Mayor 91 March 17, 1986 ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 58-86 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 "E" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Historic Improvement Co, 504 Bluff St. Redstone Inn (Also Sunday Sales) CLASS "C" LIQUOR LICENSE Orin P. Johnson d/bls 1602 Central Ave. Bottom's Up Passed, approved and adopted this 17th day of March 1986. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy 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, Krieg, Kronfaldt, Manning, Simon. Nays--None. Printed Council precedings for the months of October and November, 1985, presented for approval. Council Member Manning moved tbet the proceedings be approved as printed. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Regular Session Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Cable Community Teleprogramming Corem. of 3-4; Dock Comm. of 3-4; Public Library of 2-18; Human Rights Comm. of 3-10; P & Z Comm. of 2-19; Five Flags of 2-17; Park and Recreation Comm. of 3-10, presented and read. Council Member Manning moved that the minutes be received and filed. Second- ed by Council Member Kranfeldt. Car- ried by the renewing vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS: James Becker in unknown amount for false ar- rest charges; Charles mud Learme Cox in unknown amount for sewer bach-up damages; Dubuque Yacht Basin, Inc. vs. City of Dubuque submitting petition for Declaratory Judgement; Stacey and Marlene Larson in approx. $2000 for property damages; John Stuer in amount of $129.84 for car damages; Joseph Walbrun and Keren Walbrun in amount of $80,000 for personal injuries, presented and read. Council Member Manning moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending denial of the following claims; Sllp and fall claim of Theresa Dansener; Car Damage claim of Ruth Helm; slip and fall claim of Shirley Jones; Slip and fall claim of Earl Leck- ingtan; car damage claim of Terry D. Licht; Car damage claim of Randy Olsen; Slip and fall claim of Colleen Rupert; Property damage claim of Richard J. Spangler; Advising Carol and Gary Lewis claim has been dismissed with prejudice at Plaintiffs' costs; Per~ sonalinjury claim of Stephen High; slip and fall claim of LaVern Beighle; Pro- perty damage claim of Gloria Fuller, presented and reed. Council Member Manning moved that the com- municaions be received and flied and denials approved. Seconded by Council 92 March 17, 1986 Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel submitting several considera~ tions regarding case of Pfifiner vs. Roth et all, presented and read. Council Member Manning moved that the com- munication be received and filed and stressed reaffirmation of confidence in Mr. Lindahl. Seconded by Council Member Kronfeldt. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Kring, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims for month of January, 1986, presented and read. Council Member Manning moved that the proof of publication be received and filed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of D. J. McMullen submitting his resignation as a member of the Dubuque Board of Dock Commis- sioners, presented and read. Council Member Manning moved that the com- municatinn be received and fded and ac- cepted with regret. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kinesner, Kring, Kronfcldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Alvin Kloft, $50 on unexpired Cigarette License, Dolores Roeth estate $25 on unexpired Cigarette License, presented and read. Council Member Manning moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Kranfcldt. Carried by the following vote: Yans--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Regular Session. Proof of publication, certified to by the Publisher, of List of Claims for month of January, 1986, presented and read. Council Member Manning 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, Krenfeldt, Manning, Simon. Nays--None. Communication of D.J. McMullen submitting his resignation as a member of the Dubuque Board of Dock Commis- sioners, presented and read. Council Member Manning moved that the com- munication be received and filed and ac- cepted with regret. Seconded by Coun- cfi Member Krenfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Alvin Kinft, $50 on unexpired Cigarette License, Dolores Roeth estate $25 on unexpired Cigarette License, presented and read. Council Member Manning moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. City Manager submitting summary material on the FY '$7 Adopted Budget, presented and read. Council Member Manning moved that the communica- tion be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel recommending settlement of the damage claim of Ardeli Hoff in the amount of $64.17 and car damage claim March 17, 1986 of Earl Rhodes in amount of $55.05, presented and read. Council Member Manning moved that the settlements be approved and Finance Director to issue the proper checks. Seconded by Coun- cil Member Kronfeldt. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Dubuque County Board of Supervisors submitting copy of petition from the Public Safety Dispatchers, presented and read. Coun- :il Member Manning moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business, Court- cfi Member Simon moved to adjourn. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kineener, Krieg, Kronfeldt, Manning, Simon. Nays--None. Mary A. Davis City Clerk BY: Karen M. Cbesterman Deputy City Clerk Approved Adopted 1986 __1986 Mayor Council Members 93 ATTEST: Regular Session City Clerk March 17, 1986 94 Regular Session, April 7, 1986 OFFICIAL Regular Session, April 7, 1986. Council Met At 7:30 P.M. Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Krieg, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Member Kronfeldt. Absent At Roll Call: Council Member Manning. 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. Council Member Manning entered at 7:32 p.m. Invocation: Rev. Robert Williams, ecutive Director of the Dubuque Rescue Mission. PROCLAMATIONS: April 10th as "Youth Leadership Day" received by Cathy McMuilen; Week of April 6-12 as National Library Week received by Elizabeth Minter; Week of April 21-27 as "National Volunteer Week" received by Sue Houlihan; Recognizing Dubuque Slmnmers Basketball Team, received by Mike Muir. Council Member Kluesner moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, certified to by the Publisber, on Notice of Public Hearing to consider an Ordinance to establish new provisions for Bed and Breakfast Homes as a Conditional Use in the R-3 Moderate Density Multi-Family Residential District, presented and read. There were no written objections receiv- ed and no oral objectors present. Coun- cil 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, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. ORDINANCE NO. 25-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 3-1.4D(3) AND ENACTING A NEW SECTION 3-1.4D(3) IN LIEU ~HEREOF TO ESTABLISH NEW PROVISIONS FOR BED AND BREAKFAST HOMES AS A CONDI- tIONAL USE IN THE R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT: AND BY ENACTING A DEFINITION FOR BED AND BREAKFAST HOME IN SECTION 8 DEFINITIONS, said Ordinance having been presented at the Council Meeting of March 17, 1986, ~resented for final adoption. ORDINANCE NO. 25-86 (OFFICIAL PUBLICATION) ORDINANCE NO. 25-86 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 ~)UBUQUE, IOWA", BY REPEALING SECTION 3-1.4D(3) AND ENACTING A NEW SECTION 3-1.4D(3) IN LIEU THEREOF 'FO ESTABLISH NEW PROVISIONS FOR BED AND BREAKFAST HOMES AS A CON- DITIONAL USE IN THE R-3 MOD- ERATE DENSITY MULTI-FAMILY RESIDENTIAl, DISTRICT; AND BY ENACTING A DEFINITION FOR BED AND BREAKFAST HOME IN SECION 8 DEFINI- TIONS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: 95