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1986 April Council ProceedingsMarch 17, 1986 Regular Session ATTEST: City Clerk Regular Session, April 7, 1986 ~the following vote: 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, Corpora~on 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 beIore the Council. Council Member Manning entered at 7:32 p.m. Invocation: Rev. Robert Williams, Ex- ecutive Director of the Dubuque Rescue Mission. PROCLAMATIONS: April 10th as "Youth Leadership Day" received by Cathy McMullen; 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 Slammers 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, Kinesner, Krieg, ning, Simon. Nays--None. Absent Council Member Kronfeldt Proof of publication, certified to by ~he Publisher, on Notice of Public Hearing to consider an Ordinance to establish new provisions for Bed and Breakfast Homes as a Conditional Use in the Moderate Density Multi-Family Residentiol 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. Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. 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- )IX 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 THEREOF 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, presented 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 THF. CTTY OF DDBIJQIJE. IOWA", BY REPEALING SECTION 3-1.4D(3) AND ENACTING A NEW SECTION 3-1.4D(3) IN LIEU THEREOF 'FO ESTABLISI{ NEW PROVISIONS FOR BED AND BREAKFAST HOMES AS A CON- DITIONAL USE IN THE R-3 MOD- EI-IATE DENSITY MULTI-FAMILY RESIDENTIAl, DISTRICT: AND B\ ENACTIN(i A I)EFINITION FOR BED AND BREAKFAST HOME IN SECION 8 DEPINI- TIONS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OP DUBUQUE, IOWA: 94 95 Regular Session, April 7, 1986 Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Sec- tion 3-1.4D(3) tbereof and enacting a new Section 3-1.4D(3) in lieu thereof as follows: SECTION 3-1.4 R-3 MODERATE DENSITY MULTI-FAMILY RESI- DENTIAL DISTRICT D. Conditional Uses: The following conditional uses are permitted in the R-3 District, subject to the provisions of Section 5 of this ordinance and are minimum requirements for application to tlie Board of Adjustment for a con- ditional use permit. "3) Bed and breakfast homes, pro- vided that: a) The use is either located within an Historic Preservation District or is hsted on the National Register of His- toric Places; b) The use is maintained within an owner-occupied dwelling; c) Not more than one sleeping room for each 7g0 square feet of floor area, with a maximum of five (5) sleeping rooms; d) Signage sliall be limited to one (1) non-illuminated wall ~noun~ed sign not to exceed four (4) square feet in e) Overnight lodging facilities do not intensify traffic congestion; and f) The parking group requh'ements can be met (47)." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance anti Zoning Map of the City of Dubuque, Iowa", by enacting a new definition in Section 8 Definitions tbereof, as follows: SECTION 8 DEFINITION "Bed and Breakfast Home: A private residence which provides lodging and meals for overnight guests, in which no more than live sleeping rooms are available." Sectian 3. That the foregoing amendments have heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 7th day of April, 1986. James E. Brady Mayor ATTEST: Mm'y A. Davis City Clerk Published officially in the Telegraph Herald newspaper this llth day of April, 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 Daich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance to establish Nursery School/Day Care Center as a Conditional Use in the OS Office Service District, presented and read. Tliere were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon mov- ed that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yoas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. ORDINANCE NO. 26-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY ENACTING A NEW SECTION 3-2.2D(6) TO ESTABLISH NURSERY SCHOOL/DAY CARE CENTERS AS A CONDITIONAL USE IN THE OS OF- FICE SERVICE DISTRICT, said Or- dinance having been presented and read at the Council Meeting of March 17, 1986, presented for final adoption. ORDINANCE NO. 26-86 (OFFICIAL PUBLICATION) ORDINANCE NO. 26-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- Regular Session, April 7, 1986 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 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. NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoaln gMap of the City of Dubuque, Iowa", by enacting a new Section 3-2.2D (6) thereof, as follows: SECTION 3-2.2 OS OFFICE SER- VICE DISTRICT D. Conditional Uses; The following conditional uses are permitted in the OS Disttict, subject to the provisions of Section 5 of this ordinance and are the minimum reqalrements for appli- cation to tlie Board of Adjustment for a conditional use permit: "(6) N*trsery school/day care center, provided that: a) Fifty (50) square feet of indoor floor area (excluding halls and bath- rooms) and one hundred (100) square feet of fenced outdoor recreation space be provided per child; b) the parking group requirements can be met; (15) c) such facility sliall supply loading and unloading of children ~ as not to obstruct public streets or create traf- fic or safety hazards; and d) all licenses have been issued or have been applied for awaiting the outcome of the Board's decision." Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, PASSED, ADOPTED AND APPROVED this 7th day of April, 1,o,86. ' James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Publislied in the Telegraph Herald newspaper ti~s llth day of April, 1986 Mary A. Davis City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by ;he following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of planning and Zon- lng Commission approving the amend- ment to the Zoning Ordinance pertain- ing to Sign Regnlatinns, 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 Daich, Kluesner, Krieg, Man- nlng, Simon. Nays--None. Absent--Council Member Kronfeldt. An ORDINANCE amending Appen- dix A of the Code of Ordinances by repealing the C-3 portion of Section 4-3.11 Schedule of Sign Regulations and enacting a new C-3 portion of Section 4-3.11 in lieu thereof, to change the signs identifying name, profession, occupants and hours of operation for the C-3 General Commercial District, presented and read. Councll Member Kluesner moved that the reading just had be considered the first reading of the Ordinance and that it be set for Public Hearing on April 21, 1986 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing Council to make a determina- tlon on the petition of John Moore regar- ding the purchase of Lot 13 of Roger's Subdivision - Hill Street Addition AND a Resolution Setting date of Public Hearing for sale of City-owned land in consideration of payment of $150 in ad- dition to the cost of publication, recor- ding fees and a survey, presented and read, 96 97 Regular Session April 7, 1986 Mr. Moore spoke to the matter. Council Member Deich moved that they deny sale of this property and ex- press our interest that we do not intend to sell this property, and further intent to be known not to sell property where City owns lots on both sides of proper- ty being requested to purchase. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. Communication of City Manager ad- vising of action taken by the Transit Board at their meeting on March 13th and requesting Council to accept and ap- prove the recommendation of the Tran- sit Board to cover the $41,000 budget cut through a fare increase, presented and read. Council Member Kluesner moved that the communication be received and filed and accept and ap- prove the recommendation of the Tran- sit Board. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. Communication of City Manager transmitting documents relating to the Couler Valley Redevelopment Area Pro- ject (Swiss Valley Farms Urban Renewal), presented and read. Council Member Simon moved that the com- munication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueener, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 59-86 RESOLUTION OF NECESSITY FINDING THAT THE COULER VALLEY REDEVELOPMENT AREA IS BLIGHTED AND DESIGNATING SAID AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT. WHEREAS, the Swiss Valley Farms Company proposes a significant expan- sion of its plant at 3510 Central Avenue and has requested that the City of Dubuque assist it in assembling the needed site area by means of the City's ~rban renewal powers; and WHEREAS, the City has considered the request of the Company and has reviewed the current conditions of development in the area and the provi- sions of the Iowa Urban Renewal Law; and WHEREAS, the City Council has directed that the City Manager initiate urban renewal designation proceedings; and WHEREAS, the City Manager has presented an urban renewal plan for the project area, which plan is attached hereto, and which is preliminary and subject to modifications prior to its adoption; and WHEREAS, the Iowa Urban Renewal law requires that before urban renewal powers may be exercised a Ci- ty Council must adopt a resolution find- ing that the area in question is a slum area, a blighted area, an economic development area or a combination of those areas and designating such area as appropriate for an urban renewal pr~- ect; and WHEREAS, the Iowa Urban Renewal Law requires that the Plan- ning and Zoning Commission of the Ci- ty be provided an opportunity to review and comment upon the proposed urban renewal plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following describ- ed area to be known as the "Couler Valley Redevelopment Area" is a blighted area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project; to wit: beginning at the intersection of the south right-of-way line of Ruby Avenue vith the west right-of-way line of Cen- ral Avenue; thence north along west right-of-way line of Central Avenue to its intersection with the north right-of-way line of Nicolet Avenue; thence east along :he north right-of way line of Nicolet Avenue to its intersection with the east )roperty line of Dalsing Place No. 1; 98 Regular Session thence north along this line and a direct extension of this line to its intersection with the north right-of-way line of Euclid Avenue; thence east along the north line of Euclid Avenue to its intersection with the east right-of-way line of Jackson Street; thence south along the east right- of-way line of Jacheon street to its in- tersection with the south right-of-way line of Ruby Avenue; thence west along the south right-of-way line of Ruby Avenue to its intersection with the west right-of-way line of Central Avenue which is the point of beginning. Section 2. That the redevelopment of this area for non-residential uses is necessary for the proper development of the community. Section 3. That the Planning and Zon- lng Commission of the City of Dubuque is hereby requested to review the propos- ed urban renewal plan attached hereto as to its conformity with the general plan for the development of the city. Passed, approved and adopted this 7th day of April, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Abeent--Council Member Kronfaldt. Communication of City Manager re- questing Council approve Agreement between the City of Dubuque and Oak Ridge Athletics for the concession rights at the McAleeee park and Recreation Complex and authorize the City Manager to sign the Agreement, presented and read. Council Member Kineaner moved that the communica- tion be received and filed and approved the City Manager to execute the Agree- ment. 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. April 7, 1986 Communication of City Manager sub- mltting updated report regarding the Sanitary Sewer inflow and infiltration problems in the Keyway Drive area and requesting authorization to proceed with neighborhood inspection program, upon motion received and filed and authoriz- ed the City Manager to proceed with next phase of home inspections and authorize whatever legal actions may be required to secure entry into the home for inspection purposes. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kinesner, Krleg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Petition of James Burdt and Bill Huseman requesting to address the Council regarding the "Pension Board" in conjunction with "Conffict of Interest Law", presented and read. Council Member Manning moved that the peri- tion be received and filed. Seconded by ~ouncil Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Manning. Nays--Council Member Simon. Absent--Council Member Kronfeldt. Mr. Burdt spoke. Council Member Krieg moved that they seek a legal opinion of the Mayor's opinion regarding the Mayor's authori- ty regarding appointments. Seconded by Council Member Simon. Vote on the tion was as follows: Yeas--Council Members Krieg, Man- ning, Simon. Nays--Mayor Brady, Council Members Deich, Kluesner. Absent--Council Member Kronfeldt. Motion was null and void. Council Member Krieg moved that they ask Legal Counsel to prepare an opinion on the standing question of legal appointments as soon as possible. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Deich, Kluesner, Krieg, Manning, Simon. 99 Regular Session~ April 7, 1986 Nays--Mayor Brady. Absent--Council Member Kronfeldt. 9:58 p.m. - Council recessed. 10:10 p.m. - Council reconvened. BOARDS AND COMMISSIONS-- Council Member Kluesner moved that they readvertise for the Dock Board. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. ZONING BOARD OF ADJUST- MENT: 1 Five Year Term which will ex- pire 3-25-91; Applicants: Dominic Good- man and Terry Sullivan. Vote was as follows: Mayor Brady voted for Sullivan; Council Member Deich voted for Sullivan, Council Member Kluesner voted for Sullivan. Council Member Krieg voted for Sullivan, Council Member Manning voted for Sullivan, Council Member Simon voted for Sullivan. Council Member Kronfeldt - Absent. Therefore, Terry Sul]/van appointed to the Zoning Board of Adjustment for a five year teton which will expire 3-25-91. Petitions of Lotus College requesting to transfer their Class "B" Beer Permit to the Fieldhouse on April 25 from 7:00 p.m. to 1 a.m. and to Cox Street Park- ing Lot on April 26 from 4:30 p.m. to 11:00 p.m., presented and read. Council Member Deich moved that the pet/tinns be approved. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 60-86 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. Steve Wieland 2480 University Stove's University "76" Donald J. Adam~ 8th and Locust Civic Conter "76" Richard B. Van Gordon 205 Locust St, Vango Amoco Service Center Passed, adopted and approved this 7th day of April 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueener, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 61-86 WHEREAS, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exo~nined 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 o£ Dubuque, Iowa, that the Manager be authorized to cause to be issued to the followng named applicants a Beer Permit. CLASS "B' BEER PERMIT Jolm G. Brehm, Jean L. Brehm, 1755 Radford Volney W. Hash Dubuque Racquet Club (Also Sunday Sales) Passed, adopted and approved this 7th day of April 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. RESOLUTION NO. 62-86 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 cc- 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 "C" (COY/MERCIAL) BEER AND LIQUOR LICENSE Judith A. Botsford 1027 Rhomberg Ave. Botsy's (Aisc Sunday Sales) Dubuque First China, Inc. 926 Main Yen Chlng Restaurant (Also Sunday Sales) Jeannine A. Kersch 1555 Central Idle Hour (Aisc Sunday Sales) Knights of Columbus Council 510 781 Locust St. (Also Sunday Sales) John Noonan 1618 Central Noonan's Tap (Aisc Sunday Sales) SPECIAL CLASS "C" BEER-WINE LICENSE David F, and 2660 Dodge St. Joanna K, Oberbroecbling Mr. Steak (Also Sunday Sales) Passed, adopted and approved this 7th day of April 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resalutinn. Seconded by Council Member Ktuesnor. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- April 7, 1986 Nays--None. Absent--Council Member Kronfeldt. Printed Council Preceedings for month of December, 1985, presented for approval. Council Member Deich mcr- ed that the proceedings be approved as printed. 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. MINUTES SUBMITTED: Airport Commission of 3-11 and 3-19, presented and read. Council Member Khiesner moved that they be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. Cable TV Regulatory Comm. of 3-12; Historic Preservation Comm. of 3-11; Electrical Examining Board of 3-18; Fire Retirement Board of 3-13; Five Flags Comm. of 3-24; Housing Code Appeals ]card of 3-12; Housing Commission of 3-18; Public Library Board of 3-18; Tran- dt Trustee Board of 3-13; Planning and Zoning Commission of 2-19, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Yduesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. NOTICES OF CLAIMS AND SUITS: Mrs. Ed Entringer in amount of $29.50 for tire damages; Linda L. Graham in amount of $217.72 for car damages; John N. Krupicka in amount of $455 for car damages; Fred J. Motech in amount of $75 for car damages; Mrs. Wm. Rector in amount of $135 for water damages; James L. Udelhofen in unknown amount for personal injuries; JoAnn Orvis in amount of $85.33 for 100 ~ 101 Regular Session, April 7, 1986 sewer problems, presented and read. Council Member Deich moved that the minutes be received and filed. Second- ed 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 Kranfeldt. Communications of Corporation Counsel Lindahl recommending denials of claim of James R. Becket; Property damage claim of Kevin Brandel; Sewer back-up damages of Charles and Leanne Cox; Sewer back-up damages of Leo M. Dix; Car damage claim of John Kean; and Car Accident claim of Mary and Wm. Wright, presented and read. Coun- cil Member Deich moved that the com- munlcatlons be received and filed and denials approved. Seconded by Council Member Klueaner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Dalch, Kinesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of Helen Linqulst submitting comments regarding Keyline, Five Flags and the Parks, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Doich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. March 26, 1986 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1985 Code of Iowa, the Civil Service Commission conducted Promotional Ex- aminations on February 14, 18 and 20, 1986, for members of the Fire Department. We hereby certify that the following members of the Fire Department have passed the written promotional ex- aminations with an average of seventy percent (70%) or better and all promo- tions within the Fire Department should be made from the following list. FIRE EQUIPMENT OPERATOR: Dan Brown, Tom Sutter, Mike Crim- mlns, Robert park, John Walker. James Imhof, Richard Roepsch. ASSISTANT CHIEF/DIVISION CHIEF: Frank B. Potter, James C. Miller, Ed Coleman, John Preglar. LIEUTENANT: Roger Voss, John Walker, Michael Burds, Dan Brown, Mike Crimmins, John Hutohcroft, Robert Waddick, Scot Neyens, Michael Gabriel, Kenneth Middleman, Richard Jones. CAPTAIN: Gerald L. Udelhofen, James A. Potter, Raymond Stephan, David W. Schuster, Ronald Kann, Mike Weidemann, Michael J. Fitschen, Ken- neth J. Link, John F. Egan. Respectfully Submitted, Gerald J. Koppes Chairperson Dolores A. Reihle John E. Hess Civil Service Commission ATTEST: Mary A. Davis Secretary Council Member Dalch moved that the communication from the Civil Ser- vice Commission be received and filed and be made a matter of record. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Man- ning, Simon. Nays--None. Absent--Counall Member Kronfeldt. Communication of Dubuque Federa- tion of Labor opposing the Local Option Tax being put on the upcoming November election ballot, presented and read. Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krleg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice that a Summary of Regular Session April 7, 1986 the adopted City budget showing the in- tended uses of General Revenue Shar- ing Funds is available for inspection by the public at various places and List of Claims for month of February, 1986 presented and read. Council Member Deich moved that the proofs of publica- tion be received and filed. Seconded by Council Member Kluesner. carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineaner, Kriag, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. REFUNDS REQUESTED: My-Cap Vendors, Inc. (Dennis J. Meyer), $50 on unexpired Cigarette License; My-Cap Vendors (Francis Shanahan) and My- Cap Vendors (Milton Marty) $25 on unexpired Cigarette Licenses; Nash- Finch Co. $150 on unexpired Class "B" Beer Permit; Thomas J. SchrolYilgen and Alvin Kloft $422.50 on unexpired Liquor License, presented and read. Council Member Deich moved that the refunds be approved and Finance Director directed to issue the proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. Petition of University of Dubuque submitting vacation plat at Auburn Street and requesting vacation of same, presented and read. Council Member Daich moved that the petition be refer- red to the City Manager and Staff for implementation. Seconded by Council Member Kluesner. Carried by the fonow- lng vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. Communication of City Manager sub- mit~'mg Financial Reports for the month of March, 1986, presented and read. Council Member Deich 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, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of Operation: New View submitting audited financial statements for the 1985 Fiscal Year (Oct. 1, 1984 - Sept. 30, 1985), presented and read. Council Member Deich mov- ed 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, Man- ning, Simon. Nays--None. Abeent--Counall Member Kronfeldt. Communication of Group W Cable 1985 submitting 1985 Annual Report, ~resented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfaldt. Petition of Mr. and Mrs. Steve Grutz et al (containing 42 signatures) re- questing "No parking" on either side of Park Street, presented and read. Coun- cil Member Deich moved that the peti- tion be referred to the City Manager and Staff. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner. Krieg. Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Petition of University of Dubuque re- questing permission to conduct a short fireworks display at the conclusion of the Dubuque Challenge Dinner to be held on campus Friday, June 6, 1986 AND Petition of Dubuque County Historical Society requesting permis- sion to have a limited aerial fireworks display at the 2nd Street Harbor on Saturday, May 17, 1986, presented and read. Counc'd Member Dalch moved that the petitions be approved and referred 102 103 Regular Session, to the City Manager for coordination with the Fire Dept. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Man- ning, Simon. Nays--None. Absent--Counell Member Kronfeldt. Communication of Dolores Relhle sub- mitring her resignation from the Civil Service Commission effective im- mediately, presented and read. Council Member Deich moved that the com- munication be received and filed and resignation accepted with regret. 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 John E. Hess sub- mitting his resignation from the Civil Service Commission effective March 26, 1986, presented and read. Council Member Deich moved that the com- munication be received and filed and ac- cepted with regret. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daieh, Kluesner, Krieg, Man- hint, Simon. Nays--None. Absent--Council Member Kronfaidt. Communication of Corporation Counsel submitting notification that the Supreme Court has granted further review in the case of Spechtenhauser vs. City of Dubuque, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Man- ~ting, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager sub- mitting Supplement No. 26 to the Code of Ordinances, presented and read· April 7, 1986 Council Member Deich 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, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 63-86 ADOPTING SUPPLEMENT NO. 26 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. WHEREAS, under date of November 16, 1981 the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including March 10, 1981; and WHEREAS, since March 10, 1981 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Cede of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that sup- plements, by resolution, become part of the Code of Ordinances. qOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement N6. 26 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa from July 15, 1985 through December 16, 1985 prepared by the Municipal Code Corporation, Tailahascee, Florida hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code ~rdinances of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of April, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- 104 Regular Session, April 7, 1986 tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Khiesner, Krieg. Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager recommending acceptance of the con- struction contract for the piling work associated with the Baseball Complex Building, presented and read. Council Member Deich 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, Man- ning, Simon. Nays--None. Absent--Counell Member Kronfeldt. ACCEPTING IMPROVEMENT RESOLUTION NO. 64-86 WHEREAS, the contract for the Chaplain Schmitt Memoriai Island Ballpark Complex, Facilities Building Piling has been completed and the City Manager has examined the work and fil- ed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its 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 CIP levy and private funding in amount equal to the muount of his con- tract, less any retained percentage pro- vided for therein. pASSED, ADOPTED AND AP- PROVED this 7th day of April, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop. tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. FINAL ESTIMATE RESOLUTION NO. 65-86 WHEREAS, the contract for tbe Chaplain Sehmitt Memorial Island Ballpark Complex, Facilities Building Piling has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- ciuding the cost of estimates, notices and inspection and ail 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 $22,02Z35 and that said amount shall be the CIP levy and private fund- lng of the City of Dubuque, Iowa. Passed, approved and adopted, this 7th day of April, 1986. James E. Brady Mayor Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg~ Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Communication of Daniel Welu sub- mitting his resignation as a member of the Board of Trustees of the Dubuque ~ police and Fire Pension Boards effective immediately, presented and read. Coun- cil Member Kinesner moved that the commur]cation be received and filed and accepted with regret. Seconded by Coun- cil Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council 105 Regular Session April 7, 1986 Members Daich, Kluesner, Krieg, Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. 10:37 p.m. Council Member Kluesner moved to go into Closed Session in accordance with Chapter 21.5 I (c) of the Code of Iowa to discuss matters that are presently in litigation, presented and read. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ding, Simon. Nays--None. Absent--Council Member Kronfaldt. 11:02 p.m. Council reeonvened. The Mayor stated that Corporation Counsel Lindahl had given directions regarding pending litigation. There being no further business, Coun- cil Member Deich moved to adjourn. Seconded by Council Member Kluesner. Carried by the fei]owing vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg. Man- ning, Simon. Nays--None. Absent--Council Member Kronfeldt. Meeting adjourned at 11:02 p.m. Mary A. Davis City Clerk Approved 1986 Adopted __1986 Mayor Council Members ATTEST: City Clerk 106 Regular Session, April 21, 1986 BOARD OF HEALTH OFFICIAL Board Of Health Regular Meeting, April 21, 1986. Board Met At 7:25 P.M., Public Library Auditorium. Present: Board Chairperson Brady, Board Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Board Chairperson Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR QUARTERLY MEETING of the Board of Health called for the pur- pose to act upon such business which may properly come before the Board. Communication of City Manager regarding revised public health nursing regulations and requesting a Board Member be appointed to work with the Staff to prepare a plan for generalized public bealth nursing services, presented and read. Board Member Deich moved that the communication be received and filed and that Board Member Dave Simon be appointed. Seconded by Board Member Manning. Carried by the follow- ing vote: Yeas--Boaed Chairperson Brady, Board Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further business Board Member Kluesner moved to ad- journ. Seconded by Board Member Kronfeldt. Carried by the following vote: Yeas--Board Chairperson Brady, Board Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 7:30 p.m. Mary A. Davis Secretary, Board of Health Approved. 1986 Adopted _1986 Board Chairperson Board Members ATTEST: Secretary, Board of Health 107 Regular Session, April 21, 1986 CITY NCIL OFFICIAL Regular Session, April 21, 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, 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 to act upon such business which may pro- perly come before the Council. Invocation was given by Rev. Paul E. Knupp, Jr., Pastor of the Summit Con- gregational Church. PROCLAMATIONS: Week of April 20-27 as "Table Mound School Week" received by Bob Rafoth, Third Grade Teacher and students; Week of April 28-May 4 as "Ir~ing School's Homecom- ing '86 Pride in Dubuque Week" receiv- ed by a student. Mayor Brady swore in Youth in Government Mayor Peter Gruben and the Youth Mayor swore in the Youth Council Members: Samir Master, At Large; Andy Parrett, First Ward; Becky Smith, Second Ward; Jeff Ant, Third Ward; Angle Hammel, Fourth Ward; and Youth City Manager, Betty Dals- ing and Youth City Clerk Tammy Fritz. Council Member Manning moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Dalch. 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 consider the FY '87 STA Application and the Section 9 Program of Projects consisting of the FY '87 Operating Assistance Application and a Capital Assistance Application to aid in the pur- chase of one handicap accessible mini- bus, computer terminals and shop equip- ment, presented and read. There were no written objections received and no oral objectors were pre- sent at the time of the Hearing. Coun- cil Member Kinesner moved that the proof of publication be received and Iff- ed. 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 Notice of Public Hearing to consider an Ordinance providing for the extension of the boundaries of the Old Main Historic District as stated in Section 19V2-6.2 of the Code of Or- dinances, presented and read. There were no written objections received. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 27-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY EX- TENDING THE BOUNDARIES OF THE OLD MAIN HISTORIC DISTRICT IN SECTION 191/2- 6.2 THEREOF, said Ordinance having been presented and read at the Council Meeting of February 17, 1986, presented for final adoption. ORDINANCE NO. 27-86 (OFFICIAL PUBLICATION) ORDINANCE NO. g7-86 AN ORDINANCE AMENDING THE CODE OF OBDINANCES OP THE CITY OF DUBUQUE, IOWA BY EXTENDING THE BOUNDABIES OF THE OLD MAIN HISTORIC DISTRICT IN SECTION 19Vx-6.2 THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tize Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting an addition to Section 191/z-6.2 to read as follows: "(a) Designated. The properties 108 Regular Session, April 21, 1986 hereinafter described are hereby desig- nated as a instotic preservation dis- trict, according to the provisions of this chapter, to wit: All of City Lots I through 12, inclu- sive; all of City Lots 69 through 80, inclusive; the South 64 feet of Lot I Block XV of Dubuque Downtown Plaza. These properties are all located in the Northeast half of Sec- tion 25, Township 89 North, Range 2 East, of the Fifth Principal Metidian, in the City of Dubuque, Iowa." PASSED, APPROVED and ADOPTED this 21st day of April, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of April, 1986 Mary A. Da~s City Clerk Council Member Deich moved final adoption of the Ordinance, as amended. seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on notice of Public Hearing to consider an Ordinance by enacting a new C-3 portion of Section 4-3.22 in lieu thereof to change the signs identifying name, profession, occupants and hours of operation for the C-3 General Com- mercial District, presented and read. There were no written objections receiv- ed and no oral objectors were present at the time of the Hearing. Council Member Simon moved that the proof of publcation be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Daniel Kruse, Pres. of Dan Kruse Pontiac, Inc. requesting support on the amendment to the Schedule of Sign Regulations; Com- mudicatinn of Riley!s Auto Sales Co. supporting changes approved by the Planning and Zoning Commission rega~ ding Sign Regulations; Communication of Mike Finnin Ford, Inc. requesting passages of proposed changes in the Sign Ordinance, presented and read. Council Member Simon moved that the communication 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 Zon- ing Ordinance by repealing the C-3 per- ;ion of Section 4-3.!1 Schedule of Sign Regulations and enacting a new &3 per- tion of Section 4-3.11 in lieu thereof, to change the signs identifying name, prc~ tession, occupants and hours of opera- tion for the C-3 General Commercial District, said Ordinance having been presented and read at the Council Meeting of April 7, 1986, presented for further action. Council Member Simon moved that this reading be the second reading of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving rezoning re- quest of Finley Hospital to reclassify ?roperty at 1460 Allison Street and 350 North Gr~ndview, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. AN ORDINANCE Amending Zoning Ordinance by reclassifying property at 1460 Allison Street from R-2 Two Fami- ly Residential District to ID Institu- tional District and approving a Concep- tual Development Plan for the Finley Hospital ID Institutional District at 350 North Grandview, presented and read. Council Member Simon moved that ti'As 109 Regular Session, April 7, 1986 be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended; and further moved that a Public Hear- ing be held on the proposed Ordinance on the 5th day of May, 1986 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 Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission advising of their denial of rezoning property at 3320 Crescent Ridge from present AG Agricultural District to LI Light Industrial District but recommending property be zoned as CS Commercial Service and Wholesale District, presented and read. Council Member Kronfeldt moved that the com- munication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Coundil Members Deinh, Kluesner, Kring, Kronfaldt, Manning, Simon. Nays--None. AN ORDINANCE amending the Zen- lng Ordinance by reclassifying proper- ty located at 3320 Crescent Ridge from AG Agricultural District to CS Com- mercial Service and Wholesale District, presented and read. Council Member Kronfeldt moved that this ~eading be the first reading of the Ordinance and that a Public Hearing be held on the pro- posed Ordinance on the 5th day of May, 1986 at 7:30 o'clock p.m. at the Public Library Auditorium and that the City Clerk be directed to publish no~ice of the Public Hearing in the manner prescrib- ed by law. Seconded by Counc'd Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager recom- mending adoption of the 1985 Edition of the Uniform Building Cede and set for public hearing; Communication of David Theme, Advisory Building Code and Appeal Board, recommending adoption of Uniform Building Code 1985 Edition, presented and read. Council Member Simon moved that the communications be received and filed. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Kronfaldt, Manning, Simon. Nays--None. AN ORDINANCE Repealing Section 10-1 of Article I thereof and enacting a new Section 10-1 of Article I in lieu thereof to provide for adoption of Uniform Building Code 1985, presented and read. Council Member Simon mov- ed that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further mov- ed that a Public Hearing be held on the proposed Ordinance on the 5th day of May, 1986 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 Coun- cil Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending adoption oI the 1985 Edi- tion of the Uniform Mechanical Code and set for Public Hearing; Communica- tion of Thomas Geisler, Mechanical Board, recommending adoption of Uniform Mecho~ical Code 1985 Edition, presented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Kronfeldt, Manning, Simon. 110 Regular Session Nays--None. AN ORDINANCE Amending the Code of Ordinances by enacting new Section 19-1 and 19-2 in lieu thereof pro- viding for the adoption of the Uniform Mechanical Code 1985 Edition presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and 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 and further mov- ed that a Public Hearing be held on the proposed Ordinance on the 5th day of May, 1986 at 7:30 o'clock p.m. at Public Library Auditorium and that the City Clerk be directed to publish notice of the Public Hearing in the manner prescrib- ed by law. Seconded by Counc'fl Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending adoption of the 1985 Edi- tion of the Uniform Plumbing Code and set for public hearing; communication of Joseph Danner, Plumbing Code Board, recommending adoption of the 1986 Edi- tion of the Uniform Plumbing Code, presented and read. Council Member Simon moved that the communications 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 Cede of Ordinances by enacting new portions of Chapter 30 in lieu thereof to provide for the adoption of the Uniform Plumbing Code 1985 Edition, presented and read. Council Member Simon moved that this be considered the first reading of the Or- dinance and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended; and further moved that a Public Hear- lng be held on the proposed Ordinance on the 5th day of May, 1986 at 7:30 111 April 21, 1986 o'clock p.m. at 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, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager recommending approval of request to vacate alley at the intersection of Grace and Auburn Streets and further recom- mending ~ale of the alley be set for public hearing, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Kconfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. AN ORDINANCE Vacating the alley parallel to and approximately 150 feet north of Grace Street, from the east pro- perty line of Auburn Street approx. 117.5 feet easterly, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hear- ing be held on the proposed Ordinance on the 5th day of May, 1986 at 7:30 o'clock p.m. at 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, Kronfeldt, Manning, Simon. Nays--None. Verbal petition of Karen Lyness of Four Mounds Foundation, Inc. Task Force presenting their report on the Four Mounds AND Communication of City Manager pertaining to Four Mounds report, presented and read. Ms. Regular Session, April 21, 1986 Lyness spoke. Council Member Simon moved that the petition and comnmnication be received and filed. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Simon moved that a meeting be scheduled for Tuesday, May 6th at 7 p.m. with the Park and Recrea- tion Commissinn, the Council and the Four Mounds Task Force and also the Riverview Task Force to discuss the park system(s) in general. 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 Cable Regulatory Commission recommending approval of transfer of control regarding Group W Cable; Communication of City Manager approving change of control of Dubuque System of Group W Cable from Westinghouse, Inc. to the Buyers' Con- sot tium, Inc., presented and read. Coun- cil Member Deich moved that the com- municatinns be received and filed and approved. 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 ex- ecute a supplemental Agreement authorizing ECIA to expend the funds received as a result of the Grant Ap- plicatinn with UMTA, presented and read. Council Member Simon moved that the communication be received end filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Kring, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 66-86 AUTHORIZING THE FILING OF AN APPLICATION WITH THE U.S. DEPARTMENT OF TRANSPORTATION. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provisions by it of ~he local share of pro- ject costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title IV 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, amended, the applicant give an assurance that it will comply with Title IV of the Civil Rights Act and the U.S. Department 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 this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to com- pete for contracts when procuring con- struction contracts, supplies, equipment contracts, or consultant and other NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the East Central In- authorized and directed to execute ap- plication on behalf of the City of Dubu- que with the U.S. Department of Transportatio~ to aid in the financing of planning assistance projects pursuant to Section 9 of the Surface Transporta- tion Assistance Act, of 1982. Section 2. That the Mayor is authoriz- ed and directed to execute with such ap- plication in assurance, supplemental quired by the U.S. Department of Transportation effectuating the pu~ poses of Title IV of the Civil Eights Act 112 Regular Session, April 21, 1986 of 1964. Section 3. That the East Central In- tergovernmental Association is authorized to furnish such additional in- formation as the U.S. Department of Transportation may require in connec- tion with the application for the project. Section 4. That the Mayor is authoriz- ed and directed to set forth and execute affirmative minority business policies in connection with the project's procure- ment needs. Section 5. That the Mayor is authoriz- ed and directed to execute grant agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financing of the planning assistance projects. Section 6. That the East Central In- tergovernmental Association is authorized and directed to publish a not, ce of opportunity for public hearing, to be held on the application at least 15 days after publication. Passed, approved end adopted this 21st day of April, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing Mayor be authorized to ex- ecute contract with Project Concern covering the mini-bus operation for fiscal year beginning July 1, 1986, presented and read. Council Member Deich moved that the communication bo received and filed and approved and authorized Mayor to execute. Seconded by Council Member Simon. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending removal of parking on both sides of Park Street between Mt. Pleasant and Lawndale, 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, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 28-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE Cf- TY OF DUBUQUE, IOWA, BY AD- DING PARK STREET TO SUBSEC- TION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON PARK STREET FROM MT. PLEA- SANT TO LAWNDALE, presented and read. Council Member Khiesner moved that this be considered the first reading of the Ordinance and that the require- ment that a proposed Ordinance be con- sldered 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 follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 28-86 ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING PARK STREET TO SUB- SECTION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON PARK STREET FROM MT. PLEAS- ANT TO LAWNDALE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. qqxat the Code of Ordi- nances of the City of Dubuque, Iowa be amended by adding Park Street from Mt. Pleasant to Lawndale to Subsection (d) of Section 25-257 thereof as follows: 113 Regular Session "Sec. 25-257. Prohibited or Dealg- hated Streets or Portions Thereofi (d) No-parking-at -any-timeasant designated Park Street, both sides, from Mt. Pleasant to Lawndale Street Passed, approved and adopted tl~s 21st day of April, 1986. James E. Brady, Mayor ATTEST: Mary A. Da'ds, City Clerk Published officially in the Teleg~'aph Herald newspaper this 28th day of April, 1986. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager per- talning to removal of billboards on Hill Street, presented and read. Council Member Kronfeldt moved that the communication be received and filed and directed City Manager to give notice to Mr. Hardie to remove signs (billboards) located on City property along Hill St. no later than July 1st (with intent to retain as green space). Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kronfeldt, Mann- ing, Simon. Nays--Council Members Deich, Krieg. Communication of City Manager re- questing adoption of Resolution accep- ting the Collective Bargaining Agree- ment between the City and the Interna- tlonal Union of Operating Engineers, Local #758, presented and read. Coun- cil Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, 114 April 21, 1986 Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 67-86 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA, AND THE INTERNA- TIONAL UNION OF OPERATING ENGINEERS, LOCAL #758, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, is an employee orgalnizatinn within the meaning of Section 3(4) of the Public Emp]oyment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, sub- mitred a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW THER]~FORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- ing agreement. Passed, approved and adopted this 21st day of April, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Kring, Kronfeldt, Manning, Simon. Nays--None. Regular Session, AprH 21, 1986 Communication of City Manager re- questing adoption of resolution accep- ting and approving Collective Bargain- ing Agreement between the City and the General Drivers and Helpers Union, Local #421, presented and read. Coun- cil Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 68-86 ACCEPTING THE AGREEMENT BETWEEN THE cITY OF DUBU- QUE, IOWA, AND THE GENERAL DRIVERS AND HELPERS UNION, LOCAL #421 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421 is an employee organization within the mean- ing of Section 3(4) of the Public Employ- ment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421 submitted a request to bargain collectively on behalf of the employees within its representa- tion; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW THEREFORE, BE IT RESOLVED BY THE CITY OCUNICL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the collective bargain- lng agreement. Passed, approved and adopted this 21st day of April, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfaldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing adoption of resolution accep- ting the Collective Bargaining Agree- ment between the City and the Amalgamated Transit Union, Div. 329, presented and read. Council Member Kronfaldt moved that the communica- tion be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Klansner, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 69-86 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA, AND THE AMALGAMATED TRANSIT UNION, DIVISION #329 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, C~apter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the Amalgamated Tran- sit Union, Division #329 is an employee organization within the meaning of Sec- tion 3(4) of the Public Employment Rela- tions Act; and WHEREAS, the Amalgamated Tran- sit Union, Division #329 submitted a re- quest to bargain collectively on behalf of the employees within its representa- tion; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW THEREFORE, BE IT 115 Regular Session Members Delch, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel submitting opinion regarding appointments to Boards/Commission, presented and read. Council Member Kronfaldt moved that the communication be received and filed and concur with the Corporation Counsal's recommendation that appoint- ments have been duly made and if ques- tioned, agree to quo warranto process. Seconded by Council Member Ktieg. Carried by the following vote: Yeas--Council Members Khiesner, Ktieg, Kronfeldt, Manning, Simon. Nays--Mayor Brady, Council Member Deich. Council Member Kronfeldt moved to reconsider the above motion (action). Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Mayor Brady, Council Member Deich. Council Member Kronfeldt moved that they receive and file the com- munication and concur with the Cor- poration Counsel's recommendation that appointments to the Pension Board and Civil Service are valid. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Mayv~ Bzady, Council Member Deich. RESOLUTION NO. 73-86 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. erie P. Johnson 1602 Central Ave. Bottom's Up New Harbor Eagle Point Marina Development Co. Inc., l~ae Yard Arm April 21, 1986 Passed. adopted and approved this 21st day of April 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfaldt. Carried by the following vote: Yans--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 74-86 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 "B" BEER PERMIT Oak Ridge Athletics, Inc. Admiral Sheehy Dr. (Also Sunday Sales) Edward F, Murine 3265 Central Ave. Submarina Downtown Association Town Cluck Plaza Passed, adopted and approved this 21st day of April 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 118 Regular Session, April 21, 1986 the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 75-86 WHEREAS, appllcatinns 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 ail City Ordinances rale- 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 "C" (COMMERCIAL) BEER AND LIQUOR LICENSE ARA Leisure Service E. 16th Extension Dubuque Greyhound (Also Sunday Sales) Park Track DonRa M. Ginter 1701 Asbury Rd. West Dubuque Tap (Also Sunday Sales) Marco's, Inc. 2022 Central Ave. James J. Webb 3093 WashiRgton Jim's Web (Also Sunday Sales) Passed, adopted and approved this 21st day of April 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion oi the Resolution. Secoz~ded by Council Member Kronfeldt. Carded by tho following voto: Yeas- Mayor Brady, Council Mombers Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Airport Cormm. of 4-7, presented and read. Corm- ell Momber Kronfeldt moved that the minutes bo received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Cable Community Teleprogramming Comm. of 4-8, Dock Comm. of 4-1, Historic Preservation Comm. of 4-8; Planning and Zoning Comm. of 3-5 & 3-19; Plumbing Board of 4-3; Zoning Board of Adjustment of 2~27, presented md read. Council Member Kronfaldt moved that the minutes be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Councll Members Deich, Kluesner, Krieg, KronIeldt, Manning, Simon. Nays--None. NOTICES OF SUITS AND CLAIMS: Arthur G. Hedley and wife in unknown amount for personal injury; Debra and Dennis Hillard in amount of $1,639.35 for backed-up sewer damages; John Moore, in Small Claims Court sub- mltting "Motion to Waive Filing Fees and Proceed in Forma Pauperis, and Petition to Quiet Title"; Bruce Rothenberger in amount of $4845.17 for property damages; United Fire and Casualty Co. on behalf of their client, Robert Steichen, in unknown amount for car damages; and Earl W. Lecking~on in amount of $3000 for personal injuries, ~resented and read. Council Member Kronfeldt moved hat the suits and claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Ktuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Dubuque County Board of Super visors submitting thoir resolution noti- fying their intent to terminate Agree- ment with City, regarding fines and court costs ir, respect to moving traffic violations, presented and read. Council Member Kronfeldt moved that the com- munication be received and filed. Seconded by Counall Momber Manning. Carried by the following vote: Yeas--Mayor Brady, Council 119 Regular Session Members Deich, Kluesr~r, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending payment in the amount of 5640 to IMT Insurance Co., recommending settlement in amount of $500 for personal injury claim of Michael Alien Wild by and through Kathy Wild, his mother; Recommending settlement in amount of $29.50 for property damage claim of Mrs. Ed Enttinger, presented and read. Council Member Kronfeldt moved that the communications be received and filed and that the settlements be ap- proved and that the Finance Director to issue the proper checks. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending denial of prope~ ty damage claim of Linda L. Graham (claim has been paid); recommending denial of personal injury claim of James L. Udalhofen and property damage claim of Fred J. Motsch, presented and read. Council Member Kronfeldt moved that the communications be received and filed and denials approved. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitting financial reports for the month of March, 1986, presented and read. Council Member Kronfeldt moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Petition of Attorney John Arenz, on behalf on Dr. and Mrs. Edmond O'Neill, April 21, 1986 requesting vacation of Public Utility Easement at 965 Indian Ridge, presented and read. Council Member Kronfaldt moved that this matter be referred to the City Manager. Second- ed by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Dan Nelson, $25 on unexpired Cigarette License; Dolores Roeth Estate, $211.25 on unexpired Liquor 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Linda Roepsch withdrawing her application for appoint- ment to the Police and Fire Retirement Boards, presented and read. Council Member Kronfeldt moved that the com- munication be received and filed. Seconded by Counc'fl Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning. Simon. Nays--None. Petitions of residents (16 signers) of Tyler Road and Erie Court requesting relief from the damage being caused by runoff not properly channeled from winter thawing and from summer storms, presented and read. Mr. Roger Fisher spoke to petition. Council Member Kronfeldt moved that the peti- tion and matter be referred to the City Manager. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt. Manning, Simon. Nays--None. Petition of Donna Beresford et al (con- talnlng 975 signatures) to investigate Regular Session the possibility of installation of Stop Lights at the intersection of the N/E Arterial and Pennsylvania Ave., presented and read. Terry Beresford spoke to the petition. Council Member Kronfaldt moved that the petition and matter be referred to the City Manager. 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 petition for installation of sidewalks on North Grandview bet- ween Ungs Street and Kaufmann Ave., be taken under advisement as the FY 1988-1992 Capital Improvement Pro- gram is developed for the next budget year, presented and read. Council Member Kronfaldt moved that the com- mudication be received and filed and in- stallation approved. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. There being no further burmese, Coun- cil Member Kronfeldt moved to adjourn. Seconded by Council Member Deich. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 10:31 p.m. Mary A. Davis City Clerk Approved Adopted .1986 1986 Mayor April 21, 1986 Council Members ATTEST: City Clerk 120 121