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1986 June Council Proceedings Regular Session, May 19, 1986 Mayor Council Members ATTEST: City Clerk 188 Regular Session, OFFICIAL Regular Session, June 2, 1986. Council Met at 7:30 P.M.. Public Library Auditorium. Present: Mayor Brady, Council Members Dalch, Kluesner, Kronfeldt, Manning, Simon, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. LindahL Absent: Council Member Krieg. 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. Invocation was given by Father Robert Ferri~g, ChancellOr of the Ar- chdiocese of ~)ubuque. PROCLAMATIONS: June 7 thru 14 as "Flag Awareness Week" received by Harold Meloy. Council Member Mann- ing received a Proclamation in con- gratulations to Bob and Ruth Kehl for their "National Small Business Award." Council Member Deich moved to sus- pend the rules to let anyone present ed- dress the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance providing for rezoning property located at 1897 Old Mill Road and 1901 Rockdale Road, presented and read. There were no writ- ten objections received and no oral ob- jectors present. Arthur Giiloon, At- torney on behalf of Foot Levelers, re- quested zoning change. Council Member Simon moved that the proof of publica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krleg. ORDINANCE NO. 42-86 JUne 2, 1986 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 RECLASSI- PROPERTY AT 1897 OLD MILL ROAD AND 1901 ROCKDALE ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AND C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, said Ordinance having been presentod and read at the Council Meeting of May 19, 1986, presented for final adoption. ORDINANCE NO. 42-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, [OWA" BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 1897 OLD MILL ROAD AND 1901 ROCKDALE ROAD FROM R-I SINGLE-FAMILY ' C RESIDENTIAL DISTRICq AND - qEIGHBORHOOD COMMERCIAL TO CS COMMERCIAL SERVICE AND WHOLESALE DIS- TRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: ~ection 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 : and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-1 Single*Family Residential Dis- trict" and "C-I Neighborhood Com- mercial District" to "CS Commercial Service and Wholesale Distr'ct ', to wit: Lot 2 of Lot 2 of Mineral Lot 501, Lot 2 of Lot 1 of Lot 3 of Lot 1 oI Mineral Lots 500 and 50l, Lot I of Lot I of Lot 3 of Lot I of Mineral ; 509 and 501, Lot 2 of Lot ] of .ot~ 500 and 501, and Lot 2 of Lot 3 of Lot I of Mineral Lots 500 and 501, all in the City of 189 Regular Session Dubuque, Iowa. Section 2. That the foregoing amem! nlellt has beretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, Al) OPTED AND APPROVED this 2nd day of dune, Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance providing for rezoning property located north of Highway 20 and east of the Northwest Arterial, presented and read. There were no written objections received. Chad Leitch, Attorney representing Ed Tschiggfrie, voiced a concern that no ac- cess is made from this to the NW Arterial. Council Member Simon 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, Kronfeldt, Manning, Simon. Nays--None. Absent Council Member Krieg. ORDINANCE NO. 43-86 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TtIAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A TIIEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BE RECLASSI- FYING PROPERTY NORTH OF HIGHWAY 20 AND EAST OF THE 190 June 2, 1986 NORTItWEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, said Or- dinance having been presented and read at the Council Meeting pf May 19, 1986, presented for final adoption. ORDINANCE NO, 43-86 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 NORTH OF HIGHWAY 20 AND EAST OF THE NORTH- WEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE 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 Appendi~ A thereof, also known as the "Zoning Ordinance and Zmfing Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "AG Agdcultural District" classifica- tian to "CS Connncrcial Service and Wholesale District" classification, to wit: Lot I of the Subdivision of Lot I of Lot 1 of Lot 2 of the Northeast one- qum'ter of the Southwest one-quarter except for the approximately south- erly 329.28 feet adjoining Lot 5 of Tschiggfrie Commercial Block No. 1, Lot 2 of the Subdivision of Lot 1 of Lot 2 of the Northeast one-quarter of the Southwest mm-quarter, Lot 2 of the Subdivision of Lot 2 of the Southeast one-quarter of the North- west one-qum'ter, Lot 1 of the Subdi- vision of Lot 2 of the Souiheast one-quarter of the Northwest one- qum-ter, all in Section 28, Township 89 North, Range 2 East of the 5tb P.M. in the City of Dubuque, Iowa. Section 2. That the foregoing amelIdlnent has heretofore been apprdved by the Planning and Zoning Regular Session, June 2, 1986 -----'----~d ordinances relating thereto; and 1986. James E Brady Mayor ATTEST: Mary A. Davis, City Clerk p~b[ished flciallv in the Telebn'aph lterald newspaper this 6th day of ,June, 1986. Mary A. Davis ~)ity Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposal of interest of Lot 2 in "Mt. Carmel Subdivision" to Zephyr Aluminum Products, Inc. AND Com- munication of planning and Zoning Commission approving final plat of Mount Carmel Subdivision, presented and read. There were no written objec- tions received and no oral objectors pre- sent. A1 Timmerman, Pres. of Zephyr Products, requested approval as their company needs the land to expand. Council Member Kronfeldt moved that the proof and communication be received and flied. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays-None. Absent--Council Member Krieg. RESOLUTION NO. 108-86 RESOLUTION APPROVING THE FINAL PLAT OF MOUNT CARMEL SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a Final Plat of Mount Carmel Subdivision in the City of Dubu- que, Iowa; and WHEREAS, said Final Plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said Final Plat has been examined by the City Council and they find that the same conforms to statutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Mount Carmel Subdivision in the City of Dubuque, lowa be and the same is hereby approved and the Mayor and Ci- ty Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowe, upon said Final Plat. Passed, adopted and approved this 2nd day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt. Manning, Simon. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 109-86 pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on May 23, 1986, the City Conn- er Dubuque, Iowa met on June 2, 1986, at 7:30 p.m. in the Public Library Auditorium, llth and Locust Street, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2 in Mt. Carmel Subdivision in the City of Dubuque, Dubuque County. Iowa to Zephyr Almrdnum Products Corn- Inc.; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the Ci- ty of Dubuque, Iowa in the bereinabove described real estate to Zephyr Aluminum Products Company, Inc. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: 191 Regular Session, June 2, 1986 Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt Manning, Simon. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 112-86 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EX- CEED $400,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. WHEREAS, it is deemed necessary and advisable that t~e City of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue Bonds to the amount of not to exceed $400,000, as authorized by Section 403.9, of the Ci- ty Code of Iowa, for the purpose of pro- vidlng funds to pay costs of carrying out a project as hereinafter described; and WHEREAS, neither Section 403.9 nor any other Code provision sets forth any procedural action required to be taken before said Revenue bonds may be issued, and pursuant to Section 364.( of the City Code of Iowa, it is determin- ed that the procedure specified in Code Section 384.25 shall apply and it is deemed sufficient that the actior hereinafter described be taken and the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take ac- tion thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Public Library Auditorium, Dubu- que, Iowa, at Z'30 o'clock P.M., on the 16th day of June, 1986, for the purpose of taking action on the matter of the is- suance of not to exceed $400,000 Urban Renewal Tax Increment Revenue Bonds, tke proceeds of which will be us- ed .to provide funds to pay costs of car- rytng out of the Couler Valley Redevelopment Area Project. Section 2. That the Clerk is hereby directed to cause at least one publicaSon to be made of a notice of said meeting, in a legal newspaper, printed wholly in tke English language, published at least once weekly, and having general circulation in said City, said publieation to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said Revenue bonds. Section 3. The notice of the proposed action to issue said Revenue bonds shall be in substantially the following form: NOTICE OF THE MEETING OF THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $400,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE IS- SUANCE THEREOF. PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on tho 16th day of June. 1986, at 7:30 o'clock P.M., in the Public Library Auditorium, Dubuque, Iowa, at which meeting the Council proposes to take additional ac- tion for the issuance of not to exceed $400,000 Urbma Renewal Tax Increment Revenue Bonds in order to provide funds to pay costs of carrying out of the Couler Valley Redevelopment Area Project. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and con- sidereal, the Council will at this meeting or at any adjournment thereof, take ad- ditional action for the issuance of said Revenue bonds or will abandon the pro- posal to issue said Revenue bonds. By order of the Council said hearing and ap- )eals therefrom shall be held in accor- dance with and governed by the provi- slons of Section 384.25 of the City Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 384.25 and 364.6 of the Ct- ty Code of Iowa. Code Section 384.25 shall govern this meeting and action taken thereat. Dated this 2nd day of June, 1986. Mary A. Davis City Clerk of Dubuque, Iowa Passed and approved this 2nd day of June, 1986. James E. Brady Mayor ATTEST: 194 - Regular Session, June 2, 1986 Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution, setting the mat- ter of Public Hearing on June 16, 1986 at 7:30 p.m. at the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kfuesner, Kronfedlt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communication of City Manager re- questing approval to dispose of proper- ty in the proximity of the City's Public Works Garage for the 61 Project to Iowa DOT, presented mad read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent-Council Member Krieg. RESOLUTION NO. 113-86 RESOLUTION OF INTENTION TO DISPOSE OF CITY OWNED PRO- PERTY CITY LOT 503, CITY LOT 504, CITY LOT 507 & LOT i OF RIVER- FRONT SUBDIVISION #4. WHEREAS, the Iowa Department of Transportation and the City of Dubuque has entered into an agreement for Freeway 561]Relocated 61 agreement identified as 73-P-024 and executed by the City of Iowa Department of Transportation on March 6 and April 4, 1973 respectively; mad WHEREAS, conditions of the agree- ment are that the City shall be respon- sible for providing without cost to the State: all right-of-way which involves: a) dedicated streets or alleys; b) other Ci- ty owned land subject to the condition that the State shali reimburse the City for the value of the improvements situated on such City-owned lands; and WHEREAS, the Freeway/Ex- pressway will require utilization of City- owned land identified as City Lot 503, City Lot 504, City Lot 507 and Lot 1 of Riverfront Subdivision #4; and WHEREAS, such land is located in the proximity of the City's Public Works Garage and land will be used for development of road systems between 9th and 11th Street, and bridge con- struction on 11th Street; and WHEREAS, tho appraised value of the structures on the required land has been estimated at $4,100.000; these buildings including an equipment shed, a sign shop, a steel frame storage building, and a wood frame storage building; and WHEREAS, the City has a choice of removing and reincating the buildings or if not removed by the City will be removed by the State; and WHEREAS, the City must make the property available to the State no later than December 1, 1986. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in City Lot 503, City Lot 504, City Lot 507 and Lot 1 of Riverfront Subdivision #4 and with the option of having the State removed the buildings or the City mov- ing and relocating the buildings. Section 2. Tkat all eMsting easements remain in effect or be subject to reloca- tion as outlined in Project Agreement #73-P-024. Section 3. That the City of Dubuque, Iowa proposes to dispose o fits interest in said real estate, with the reservations identified herein, for the consideration of $4,1OO. OO plus the option of removing and relocation of the buildings, and that the City of Dubuque is willing to make the property available no later than December 1, 1986. Section 4. That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as prescribed under Chapter 364. 7, Disposal of Property - Code of Iowa 1985 or as amended. Passed, approved and adopted this 2nd day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the 195 Regular Session, June 2, 1986 following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt Manning, Simon. Nays--None. Absent--Council Member Krieg. Co,mmunicatinn of City Manager reconunending a 14 day suspension of the Liquor License held by Robert Spiegel and John T. Richman, d/b/a Avenue Top, 1080 University Ave., and to set a Public Hearing on the suspen- sion for June 16, 1986, AND Com- munication of Lyle R. Galllar t, Attorney for John Richman, advising they are waiving their right to public hearing concerning suspension of beer permit and understanding that the suspension will commence on Tuesday, June 3, 1986, presented and read. Council Member Kluesner moved that the com- munications be received and filed and approved suspension, with acceptance of waiving the right to the l-learing. Seconded by Council Member Simon. Vote on the motion was as follows: Yeas--Council Members Deich, Kluesner. Nays--Mayor Brady, Council Members Kronfeldt, Manning, Simon. Absent--Council Member Ktieg. MOTION FAILED. Council Member Kronfeldt moved that the communications be received and filed and approved suspension with a Public Hearing to be set for June 16, 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 Kluesner, Kronfuldt, Mann- lng, Simon. Nays--Council Member Dalch. Absent--Council Member Ktieg. Communication of Attorney D. Michael King, on behalf of BFI, submit- ting changes in proposed Ordinance regarding regulating Waste Collection Receptacles in Public Places AND Com- munication of City Manager recommen- ding adoption of Ordinance regarding Waste Collection Receptacles, presented and read. Attorney D. Michael King, on behalf of BFI, spoke regarding specific Council Member Kluesner moved that the communications be received and filed. Seconded by Council Member Simon, Carried by the following vote: Yeas-Mayor Brady, Council Members Dalch, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Canncll Member Krieg. An ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY ENAC~ TING ARTICLE VI OF CHAPTER 33~114 THEREOF PROVIDING FOR THE REGULATION OF WASTE COLLECTION RECEPTACLES IN PUBLIC PLACES, 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 final adoption of the Ordinance. Seconded by Council Member Simon. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Khiasner, Kronfeldt, Mann- ing, Simon. Nays--Council Member Deich. Absent--Council Member Krieg. MOTION FAILED DUE TO LACK OF 3/4 VOTE. Council Member Manning moved that this be considered the first reading of the Ordinance and that it be presented at the Council Meeting of June 16, 1986. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kronfaldt, Mann- ing, Simon. Nays--Council Member Deich. Absent--Council Member Krieg. Petition of Brendan T. Quann, on behalf of Frank Hardie Advertising, re- questing to address the Council on the billboard issue, presented and read. Mr. Quann spoke of the importance of this family business in this and past years in Dubuque, and stated that negative ac- tion in this matter is not proper. Council Member Manning moved that the petition be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Regular Sessior Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Petition of Sandra J. Kirkbtide re- questing to address the Council with regards to the current billboard issue, presented and read. Attorney Robert Day, on behalf of Sandra Kirkbtide, sub- mitted a petition and requested council not pass the moratorium of billboard Or- dinance. Council Member Manning mov- ed that the petition be received and fil- ed. Seconded by Coundl Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Petition of Dubuque County Board of Directors "Right to Life" requesting to address Council relating to billboard advertising, ordinances and proposed permit moratorium, presented and read. Attorney Art Giiloon spoke. Council Member Manning moved that the petition be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt Manning, Simon. Nays--None. Absent--Council Member Krieg. Communications from Mulgrew Oil Co., Walsh Stores, Gene Sands, Connie Crippes, Loras College, Jim Giese Com- mercial Roofing, Inc., Sandra Olander Miller Electric Supply, Inc., Tbeisen's Inc., Jennifer O'Hea, Dupaco Credit Union, Stonehiil Care Center. Lynn S. Fuller, Roberts River Rides, Wm. C. Brown, Darlene C. Blelle, Douglas & Nancy Morris, Clarke College, Herrig & Herrig Financial Services, Inc., Connie Reese, Jim Kircher, Thomas W. Schlueter, Key City Investment Co., Bird Chevrolet, Anderson-Weber, Inc., Tony Gallagber, Crystal Lake Cave Quick Lube, Sara & Merrill Strand, Bar- bara A. Griza, John McDermott Stonehiil Care Center, The Graham House, Mother & Infant Care, Inc., Jack and Charllne McDermott, Diane and Charles Terrones, Ms. Mary Rourke, Cathy Bein, Dennis Bergstrand, Judith Turnis, M.G. McMillan, C.E. Beim, Daniel, Maneula & Josiah O'Brien. June 2, 1986 Teti Batches, Joyce Murphy, Randy Doyle, Mary Karns, Catholic League for Religious & Civil Rights, Allen Bonds, Mrs. June Lateen, Mark Lam, Helen Hunber, Mr. and Mrs. Cliff Healey, Berlin Bartels, let National Bank, Vickie Warnke, Ecology Control Cor- poration, City of Clinton, St. Peter Lutheran Church, Universal Electric Supply, Inc., IOCO and Ruth and Russ Nash, Beth Miller, Daniel Miller, Klauer Mfg. Co. and Al Sampson expressing concerns of Frank Hardie Advertising regarding construction and advertising on billboards, presented and read. Coun- all Member Manning moved that the communications be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Vlembers Deich, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communication of LeRoy Bettoher, Longhorn Saddiery & Western Wear supporting a change in the Ordinance regarding construction of biilboards, presented and read. Council Member Manning moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communication of Barney Bishop re- instating the purpose of their petition presented at the meeting of May 19th was "placing moratorium on all sign construction in the City and requesting that the sign at 1755 J.F.K. Road be removed because of its location, i.e. con- tiguous to an R-1 District, presented and read. Council Member Manning moved that the commuhication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Council Member Kronfeldt moved that this matter be referred back to the Planning and Zoning Commission to report back with updates in two 196 197 Regular Session, June 2, 1986 months at a Work Session, and stress- ed they look at the size, height, location, density, all zoning classifications/rela- tion, joint impact, on-off-premise signs, downtown corridor relocation to Historic Preservation District and downtown type of signs contiguous to residential area. Seconded by Council Member Manning. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Manning, Simon. Nays--Council Member Kronfaldt. Absent--Council Member Krieg. AN ORDINANCE AMENDING SECTION 3-64, DIVISION 3, ARTI- CLE 3, CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY BY PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF PERMITS FOR BILLBOARDS IN THE CITY OF DUBUQUE, presented and read. Coun- cil Member Manning 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 final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Council Members Deich, Kronfeldt, Manning, Simon. Nays--Mayor Brady, Council Members Kluesner. Absent--Council Member Krieg. MOTION FAILED DUE TO LACK OF 3/4 VOTE TO DISPENSE RULES. Council Member Manning moved that this be considered the first reading of the Ordinance. Seconded by Council Member Kronfaldt. Vote on the motion Was as follows: Yeas--Council Members Kronfaldt, Manning, Simon. Nays--Mayor Brady, Council Members Deich, Kluesner. Absent--Council Member Krieg. MOTION FAILED. An ORDINANCE Amending Appen- dlx A of the Code of Ordinances by reclassifying property at 1703 Elm to and including 1791 Elm St. from R-2A Alternate Two Family Residential District and C-2 Neighborhood Shopp lng Center District to PC planned Com- mercial District, presented and read. Council Member Kronfeldt moved that the Ordinance be received and filed as rezaning request was withdrawn by Mr. John Sbulan. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Absent-Council Member Krieg. Communication of Edward Mowen withdrawing their application for rezon- mg property for proposed Walgreen Drug Stare located at 18th and Elm Streets, presented and read. Council Member Kronfaldt moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communication of City Manager sub- mitting Ordinance providing for "No Parking" Zone on West 23rd St. from Central Ave., 190 feet westerly, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 44-86 A2q ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA BY AD- DING WEST 23rd STREET TO SUBSECTION (d) OF SECTION 25-257 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON WEST 23rd STREET FROM CEN- TRAL AVE., TO A POINT 190 FEET WEST OF CENTRAL AVE., presented and read. Council Member Simon moved that this be considered the first reading of tbe Ordinance. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas~Mayor Brady, Council Regular Session, Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Council Member Simon 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, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. ORDINANCE NO. 44-86 ()I~I)INANCE AMEN1)ING THE CODE OF ORUINANCES OF THE CITY OF DUBUQUE, IOWA BY AI)I)ING WEST TWENTY-THIRD STREET TO SUBSECTION (d) OF SECTION 25-257 THEREOF pRO- Vll)ING FOR THE pROHIBITING OF PARKING ON WEST TWENTY- THIRI) STREET FROM CENTBAL AVENUE TO POINT 190 FEET WEST OF CENTRAL AVENUE. NOW, THEREFORE, BE IT ORDAINE1) BY THE CITY COUN- CIL OF THE C1TY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordi- nances of the City of Dubuque, Iowa he amended by adding West Twenty- Third Street to Subsection (d) of Sec ti(m 25-257 thereof as Ibilows: "Sec. 25-257. Prohibited or Desig- nated Streets or Portions Thereof. (d) No - parking - at - any - time zones June 2, 1986 by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communication of City Manager sub- mitring Ordinance establishing the 35 mph speed limit on the Northwest ~ within 600 feet of the intersec- tion of Pennsylvania Ave., presented and read. Council Member Simon mov- ed that the communication be received ~ Council Member Carried by the following vote: Yeas--Mayor Brady, Council Kluesner, Kronfaldt, Manning, Simon. Nays--None- Absent--Council Member Krieg. ORDINANCE NO. 45-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REVIS- lNG SUBSECTION (c) OF SECTION 25-220 THEREOF PROVIDING FOR THE ESTABLISHMENT OF A 35 MPH SPEED LIMIT ON THE NOR- ARTERIAL FROM A 600 FEET SOUTH OF PENN- SYLVANIA AVENUE TO A POINT 600 FEET NORTH OF PENN- SYINANIA, AND PROVIDING FOR A 45 MPH SPEED LIMIT ON THE BALANCE OF THE NORTHWEST ARTERIAL FROM U.S, HIGHWAY 20 TO ASBURY ROAD, presented and read. Council Member Simon moved that this be considered the first reading of the Ordinance. Seconded by Council Member Dcich. Carried by the following vote; Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, 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 meetings prior to the meeting at which it is to be finally adopted be suspended. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mer~ers Dcich, Kluesner, Kronfaldt, Manmng, 199 198 Regular Session, June 2, 1986 Simon. Nays--None. ORDINANCE NO. 45-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SUBSECTION (c) OF SECTION 25-220 THEREOF PRO- VIDING FOR THE ESTABLISH- MENT OF A THIRTY-FIVE (05) MILES PER HOUR SPEED LIMIT ON THE NORTHWEST ARTERIAL FROM A POINT SIX HUNDRED (600) FEET SOUTH OF PENNSYL- VANIA AVENUE TO A POINT SIX HUNDRED (600) FEET NORTH OF PENNSYLVANIA, AND PROVID- ING FOR A FORTY-FIVE (45) MILES PER HOUR SPEED LIMIT ON THE BALANCE OF THE NORTHWEST ARTERIAL FROM U.S. HIGHWAY 20 TO ASBURY ROAD. 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 tbe City of Dubuque, Iowa be amended by deleting the Northwest Arterial, U.S. Highway 20 to Asbury Road from Subsection (c) of Section 220 thereof, as follows: "Sec. 25-220. Limits GeneraHy (c) Forty Five (45) Miles Per Hour Nm'thwest Arteria]~ U.S. Highway 20 to Asbury Road. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by adding the Northwest Arterial, U.S. Highway 20 to Asbury Road to Subsection (c) of Section 220 tbereo£, as follows: "Sec. 25-220. Limits Generally (c) Forty-Five (45) Miles Per Hour Northwest Arterial, U.S. Highway 20 to a point six hundred (600) feet south of Pennsylvania Avenue. Northwest Arterial, Asbury Road to a point s~x hundred (600) feet north of Pcm,sylvaaia Avenue. Tbirty-Five (35) Miles Per Horn~ Northwest Arterial, from a point six hunched (600) feet south of Pennsylva- nia Avenue to a point six hundred (600) feet north of Pennsylvania Ave- PASSED, APPROVED AND ADOPTED this 2nd day of June, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officinlly in the Telegraph Herald newspaper this 6th day of June, 1986. Mary A. Davis City Clerk It 6/6 Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring an Ordinance regulating the use of Town Clock Plaza and a proposed management agreement with Dubuque Main Street Ltd. for Town Clock Plaza, presented and read. Council Member Khiesner moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Abeent--Council Member Krieg. ORDINANCE NO. 46-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA) BY ENAC- TING A NEW ARTICLE VII TO CHAPTER 24 COMPRISED OF SEC- TIONS 24-115 THRU 24-212 THERETO REGULATING THE USE OF TOWN CLOCK PLAZA, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. 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 Regular Session adopted be suspended. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. ORDINANCE NO. 46-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW ARTICLE VII TO CHAPTER 24 COMPRISED OF SECTIONS 24-115 THROUGH 24-121 THERETO REGULATING THE USE OF TOWN CLOCI( PLAZA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new Article VII to Chaptor 24 comprised of Sec- tion 24-115 through 24-121 thereto as follows: ARTICLE VII. TOWN CLOCK PLAZA "Sec. 24-115. Town Clock Plaza delineated. Town Clock Plaza, for the purpose of this Article, sball mean that public property bounded as folows: Starting at the northwest corner of Ninth Street and Town Clock Plaza, thence proceeding south along the west property line of Town Clock Plaza to its intersection with the north property line of vacated Eighth Street, thence west along the north property line of vacated Eighth Street and Eighth Street to its intersection with the east property line of Locust Street, thence s~utb along the east property line of Locust Street to its intersection with the south property line of Eighth Street, thence east along the south property line of Eighth Street and Eighth Street vacated to its intersec- tion with the west property line of Town Clock Plaza, thence south along the west property line of Town Clock Plaza to its intersection with the north property line of vacated Seventh Street, thence cast along thc north property line of vacated Seventh Street and Seventh Street to its inter- section with the east property hue of Locust Street, thence south along the east property line of Locust Street to its intersection with the south property line of Seventh Street, thence east along the south property line of Seventh Street and Seventh Street June 2, 1986 vacated to its intersection with the west property line of Town Clock Plaza (including Town Clock Square), thence south along the west property line of Town Clock Plaza to its inter- section with the north property line of vacated Sixth Street, thence west along the north property linc of vacated Sixth Street to the cast prop- erty line of the public alley located between Town Clock Plaza and Locust Street, thence south along the east property line of the alley to its inter- section with the south property hue of vacated Sixth Street, thence east along the south property line of vacated Sixth Street to its intersection with the west property line of Town Clock Plaza, thence south along the west n. operty line of Town Clock Plaza and Main Street to its intersection with the north property line of Fourth Street, thence east along the north property line of Fourth Street to its intersection with the west property hne of Iowa Street, thence north along the west )roperty line of Iowa Street to its intersection with the south property line of Sixth Street, thence west along the south property line of Sixth Street to its intersection with the east prop- erty line of the alley located between Town Clock Plaza and Iowa Street, thence north along the east property line of the alley to its intersection with the north property line of vacated Seventh Street, thence west along the north property hue of vacated Seventh Street to its intersection with the east property line of Town Clock Plaza, tbence north along the east property line of Town Clock Plaza to its inter- section with the south property hne of vacated Eighth Street, thence east along the south property line of vacated Eighth Street and Eighth Street to its intersection with the west property line of Iowa Street, thence north along the west property line of Iowa Street to its intersection with the north property line of Eighth Street, tbence west along the north property line of Eighth Street and Eighth Street vacated to Town Clock Plaza, thence north along thc east property line of Town Clock Plaza to its intersection with the south property line of Ninth Street, and thence west along the south property line of Ninth Street to the point of beginning. Sec. 24-116. Lease required. No person shall sell or offer for sale any services, goods, wares, merchan- dise, products or food fi'om a pushcart, temporary stand, temporary rack or table m' vebicle in Town Clock Plaza 201 200 Regular SessioD without first obtaining a lease to use such space from the City Manager or bis/her designee. The lease shall set forth, among other things, the name and address of the lessee, h)cation and pm'pose of the lease, insurance, clean- up and sign i'equirement, lease pay- ment and other conditions necessary for carrying out the intent of this Arti- cle. The leas: term shall be for no lnore than two (2) years. Sec, 24-117. Application for lease. ts) The application for a lease in Town Clock Plaza shall be filed in duplicate with the City Manager or bis/her designee on a form to be pro- vided by the City. The application shall be signed by the applicant and contain the following information: (11 The name and address of the person making the application; and, if of the officers thereof; and, if a firm, and addresses of all members thereof. (2t If the person, corporation, firm or partnership is cun'ently conducting business in the City of Dubuque, the application shall include the name and (3t The application shall state whether or not the applicant has an Iowa retailers' sale tax permit, and if the appkcant has such permit, shall state the number of such permit. (4t The specific location in Town Clock Plaza fol' which such lease is being requested. (5} The specific use or purpose of the requested space including what set- ducts or food are to be sold or offered for sale. I6) The date or dates on which such products or food shall be sold or offered for sale. (7} The names of two reliable prop~ erty owners of the City who will cer tify as to the applicant's good reputation and business responsibility or, in lieu thereof, the applicant's fin- gerprints and other inhmnation that may be required by the City Manager to properly investigate such reputation and business responsibility. See. 24-118. Investigation of applicant. Upon receiving an application for the use of public space in Town Clock Plaza, the City Manager or his/her designee shall investigate or cause to be investigated the reputation and character of the applicant, t~?upon making such investigation, the City , June 2, 1986 Manager' or his/her designee is satis- fied that tile statements and rein'espn- rations contained in the application are true, that the applicant is of good rep- utation and (haracter. that the appli- cant is the holder of an Iowa retailers' sales tax perndt and that the appli- cant, il' a foreign corporation, has authority to do business in the state of Iowa. the City Manager or his/her designee may negotiate a lease for the rental of space in Town Clock Plaza. Sec. 24-119. Short-term uses. The City Manager or his/her desig- Town Clock Plaza with m' without fees li)r period not to exceed seven (7) days without a written lease. Appik:ations lin' such use shall lie submitted in writ- ins to the City Manager or his/her designee. The City Manager may for the u~~ of Town Ch)ok Plaza by Sec. 24-120. Misrepresentation. It shall he unlawful for any lessee, vices, making sale or engaging in or oflered, article sold or offered for sale as to condition, quality or original Sec. 24-121. Revocation of lease. The City Manager may revoke any Article after proper hearing before him/her by providing notice of said heating dy certified mail, return receipt than ten (10) days bctbre the date of said hearing for any of the fi)Ih)wing (1) Any misrepresentafion on the application for the lease; (2) Violatkm of any lixlerak state or local law; (r (3) Misrepresentation of the servk:es ity, weight or measure of the product sohl by the lessee. new lease shall be issued to such applL cant for a period of two (2) years thereafter." Section 2. That this Ordinance shall he in eft'oct after its final passage, approval and publication as provided by law. Passed, approved and addpted this 2nd day of dune, 198g. drones E. Brady, Mayor ATTEST: Mm'y A. Davis, City Clerk 202 Regular Session, June 2, 1986 Pul)fished, officially in the Telegraph Berahl newspaper this 6th day of June, Mary A. Davis It 6/6 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, Kranfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Communication of City Manager re- questing he be authorized to execute a Lease Agreement with Dubuque Bank and Trust Co. covering purchase of a Sharp Photocopy Machine located in the City Clerk's Office, presented and read. Council Member Manning moved that the communication be received and fil- ed and authorized execution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesner, Kronfeldt, Mann- ing, Simon. Nays--Council Member Deich. Absent--Council Member Krieg. Petition of Substance Abuse Services Center requesting a Council Member be appointed to their Board of Directors, presented and read. Mayor Brady mov- ed that the City Clerk be directed to ad- vise them of the inability of Council Members to attend meetings, so therefore, no appointment. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Dubuque Jaycees requesting to transfer thalr Beer Permit to Town Clock plaza on ,June 20, 1986, presented and read. Council Member Simon moved that the transfer request be approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 114-86 ESOLVED by the City Court- 'Al 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. Nelda L. Bennett 1091 Main St, Old Shang 521 E. 22nd St. Billy Bucks Inc. Billy Bucks East St. Tap Dodge House Corp, 701 Dodge St. Dodge douse Motel 1464 Asbury Dog Gone, Inc. Dog douse ~ & Barbara Dougherty 329 West 8th St. Dougherty's United 55 Locust St. Joseph Erschen Happy Hour 2323 Rockdale Rd. Happy's Place, Inc. K-Mart Corp, 2600 Dodge St. Michael McCann 690 West Locust MeCann's CRco IOCO 2600 Dodge St. Palmer Drug Revco Drug Center 3016 3049 Asbury Rd. Phillip Mihalakis 1406 Pine St. Passed, adopted and approved this 2nd day of June 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following Vote: Yeas--Mayor Brady, Council Members Debih, Khiesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 115-86 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 o.c- cupied by such applicante were in- spected and found to comply with the Ordinances of this City and have filed bond; THEREFORE BE IT SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be 203 Regular Session, June 2, 1986 issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Cremer Grocery Company, Inc. 731 Rhomberg (Also Sunday Sales) Earl E. and E. Thomas 260 West let St. Schumacher (Also Sunday Sales) Passed, adopted and approved this 2nd day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaidt, Manning, Simon. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 116-86 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 ail City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named agplicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Susan Jean Saffran 1097 Jackson St. Kennel Club American Legion Post 6 1306 Delhi St. (Also Sunday Sales) James E. Bauer 431 Rhomberg Ave. Jerry's Tap (Also Sunday Sales) Riverside Bowl 1860 Hawthorne St. (Also Sunday Sales) Passed, adopted and approved this 2nd day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Canneil Member Krieg. MINUTES SUBMITTED: Airport Comm. of 5-13, Cable Community Teleprogramming Comm. of 5-6; Cable TV Regulatory Comm. of 5-7; Dock Comm. of 5-20; Five Flags of 5-19; Hous- ing Comm. of 5-20; Park and Recreation Comm. of 5-1; Plumbing Board of 5-20; presented and read. Council Member Manning moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Hronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. NOTICES OF CLAIMS AND SUITS: Carole HeiderscheR in amount of $78.42 for tire damages, presented and read. Council Member Manning moved that the claim be referred to the Legal Staff for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Kriag. REFUNDS REQUESTED: Do Inc., $50 on unexpired Cigarette License; Sunshine Mart of Dubuque Ltd., $56.25 on unexpired Class "C" Beer Permit; Do, Inc. $56.25 on unexpired Class C Beer Permit, presented and read. Coun- cil Member Manning moved that the re- fund be approved and Finance Director to issue the proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Peoples Natural Gas submitting their 1985 Annual Report, presented and read. Council Member Manning moved that the report be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Regular Session, June 2, 1986 Yeas--Mayor Brady, Council Members Deich, Kinesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Iowa Dept. of Water, Air and Waste Management submitting Water Com- pliance Inspection Report for the Water Treatment Plant, presented and read. Council Member Manning moved that the report be received and filed. Second- ed by Council Member Kronfeldt. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Delos Dorweiler requesting elevator be placed along side of City Hall, presented and read. Council Member Manning moved that the commudica- tion be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Corporation Counsel submitting copy of County Attorney Herrig's decision not to file a Quo Warranto Petition relative to the Civil Service and Police and Fire Pension Board of Trustees ap- pointments, presented and read. Coun- cil 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, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Petition of 22 residents of Maggan Drive area requesting the routing of the Keyline Bus Service on the west end to exclude travel on Meggan Drive, presented and read. Council Member Manning moved that the petition be referred to the Transit Board. Second- ed by Council Member Kronfaidt. Car- tied by the fo[lowing vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kronfaidt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Petition of David F. Setter, on behalf of Donald J. Herbst, requesting to put- chase the former City garage property and the 20 foot alley which divides the lots and runs from 14th Street to the southerly boundary of the new Correc- tional Services Buildings, presented and read. Council Member Manning moved that the petition be referred to the City Manager and staff. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Absent--Council Member I~rieg. Dubuque Jaycees requesting to con- duct a Fireworks display on July 4, 1986 on Volunteer Road between Hawthorne Lime Streets, presented and read. Council Member Manning moved that the request be approved and refer it for proper implementation. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, Manning, Simon. Nays--None. Absent--Council Member Krieg. There being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaidt, Manning, Simon. Nays--None. Absent--Council Member Krieg. Meeting adjourned at 10:53 P.M. Mary A. Davis City Clerk Approved. 1986 Adopted 1986 Mayor 204 205 Regular Session, June 2, 1986 Council Members ATTEST: City Clerk Special Session, June 9, 1986 CITY COUNCIL OFFICIAL Special Session, June 9, 1986. Council Met at 7:30 P.M., Five Flags Theatre. Present: Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon, Ad- ministrative Ass't to the City Manager Gent Wittenberg, Corporation Counsel Barry A. LindahL Absent: City Manager W. Kenneth Gearhart. Mayor Brady read the call and stated that service thereof had been duly made and that this is a SPECIAL MEETING of the City Coundd called for the purpose to conduct a PUBLIC HEARING on the 1986 ASPHALT PAVING PRO- JECT AND THE 1986 P.C. CON- CRETE PAVING PROJECT. Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans end Specs. for the 1986 Asphalt Paving Project and the 1986 P.C. Concrete Pay- ing Project; Proof of publication, cer* tified to by the Publisher, on Notice of Public Hearing on Resolution of Necessity for 1986 Asphalt Paving Pro- ject and the 1986 P.C. Concrete Paving Project; Certificate of City Clerk certi- fying notices were sent to known proper- ty owners by certified mail on May 22, 1986, notices of estimated assessments for the City of Dubuque 1986 Asphalt Paving Project and the 1986 P.C. Con- crete Paving Project, presented and read. Council Member Kluesner moved that the proofs and certificate be received and filed. Seconded by Council Member Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Counail Members Delch, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. Council Member Kluesner moved to suspend the rules to let anyone present address the Council if they so desire, Seconded by Council Member Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Public Works Director Murray gave a briefing regarding the assessment pro- gram and urged the necessity of same. 1986 ASPHALT PAVING PROJECT John F. Kennedy Road from from Asbury Road to the NPL of "Highland Addition". Petitions from Mrs. Robert Kueter, Dan Gantz, Robert & Joan Mosby and Tom Leibold objecting to improvement assessments to J.F.K. Road; Petitions of Honkamp Krueger & Co., P.C., & Ecumenical Housing, Inc. objecting to improvement to J.F.K. Road and re- questing consideration be given to delaying project; Petition containing signatures of members of Elks Lodge and 51 property owners opposing reconstruction and resurfacing of Ken- nedy Road; Harry Atldnson objecting to reconstruction of J.F.K. Road; Mr. Rod Clemens opposing reconstruction of J.F.K. road; Earl Moore objecting to reconstruction of J.F.K. road from Asbury to Spring Valley Road, presented and read. Lyle Peters, 725 Kane St., on behalf of the Elks Lodge objected to the pro- posed Kennedy Road assessments, stressing that the NW Arterial should be fully completed, as truck traffic would again be detrimental. Mrs. Robert Kueter, 2299 Gordon Dr., Merlin Hull, 3297 Spring Valley Dr., Rod Clemens, of 2333 Gordon Dr., Gene Siegert of 2659 Kennedy Road and Harry Atkinson of 2843 Kennedy Road and Mike Maggie of 2343 Gordon Dr., all opposed complete reconstruction and requested to consider rehab or maintenance only. Arrowhead Drive from Southern Ave. to the N.W. End. George Ketoff, of 1260 Arrowhead Dr., voiced objection to the project. Communication of James A. O'Brien objecting to work proposed from Ar- towhead Drive from its intersection with Indian Ridge to its intersection with Southern Ave., presented and read. Council Member Kluesner moved that the objections 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--Council Member Kronfeldt. Indian Ridge from Grandview Ave. to Arrowhead Drive. Petition of Mrs. Edina Storck objec- ting to resurfacing of Indian Ridge and 206 2O7 Special Session June 9, 1986 Wa/lis Place, ~uld the amount to be assessed; Mary L. Strom objecting to assessments on Indian Ridge - recom- mending property owner be responsible for 75%, presented mad read. Council Member KIuesner moved that the objec- tions be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--Council Member KronfeldL Roosevelt Road from Rbomberg Ave. to the NPL of Lot 6 of Peil's Subd. Communication of Mr. John Coffee not objecting to improvement, however requesting attention be given to the private driveway situation, presented. Council Member Kluesner moved that the request be received and filed. Seconded by Council Member Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. Wallis Place from Arrowhead Drive to Indian Ridge. No oral objectors. 1986 P.C. CONCRETE PAVING PROJECT Bryant Street from Dodge Street to Grandview Ave. Petition containing 125 signatures re- questing Council to forego construction of Bryant Street at this time; Robert J. Felderman requesting reconstruction of Bryant Street be held off at this time, presented and read. Council Member Kluesner moved that the petitions be received and filed. Seconded by Council Member Si~non. Carried by tbe follow- ing vote: Yeas Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- nlng, Simon. Nays--Council Member Kronfeldt. George Helling, 269 York St. & owner of 299 Bryant, requesting postponement of project. Ed Babka, of 790 Mt. Carmel, requesting waiting until Dodge St. is finished. Gary Anglin of 280 Bryant re- quested holding project; Ralph Koester of 180 Bryant, Ken Palm of 179 Bryant, James Pearson, 333 Villa, Rick Nunez of lt5 Bryant, Jim Edwards 290 Bryant, ali requested holding off on pro- ject until Dodge St. is finished. George Heiling stated opposition of assessments for this project and Ken Palm and James Pearson agreed with him. Mike Hanson of 278 Bryant, David Koehler of 235 Bryant m~d Jim Edwards again voiced opposition to the project. Evergreen Drive from Asbury Road to Kaufmann Ave. Thomas & Marguerite M. Sweeney re- questing smaller amount of assessment for project; Petition containing 43 signatures of the opinion that the assess- ment placed against property owners for the repair of Evergreen Drive to be ex- cessiye, presented and read. Council Member Kluesner moved that the peti- tions be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. Joyce Gansen, 2385 Evergreen Dr., stated that there is a problem with water on Karen and Lindale Sts. Gary Rambousek of 2290 Evergreen, stated tbere has been long term water retention problems on Evergreen & Karen. Pat Rmnbousek, Jean Ley and Arthur Meltger voiced objections to reconstruc- tion to Evergreen. Ramona Street/Pamela Court from Mt. Loretta St. to Heritage Drive. Petitions of Donald Flatt, Mrs. Mildred Fairfield, LaVonne Heiden, Marion Lane, Mr. and Mrs. Andrew Hemmer, Richard & Ruth Billmeyer, Merlin and Marcile Palmer, R.M. and Dorothy Zaph, Robert Puls, objecting to reconstruction of street, requesting rehabilitation be considered; Steven & Mildred Theisen requesting to delay im- provements on Ramona St./Pan~ela Court; Petition of 51 property owners of Ramona St./Pamela Court from Mt. Loretta to Heritage Dr. objecting to pro- posed street reconstruction and assess- ment, presented and read. Council Member Kluesner moved that the peti~ tion be received and filed. Seconded by Council Member Sin~on. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Special Session, June 9, 1986 Nays--Council Member Kronfeldt. Dave Lange, 815 Ramona, spoke of specific concerns and requested alter- natives. Steve Tbeisen of 821 Ramona and Robert Puls, 737 Ramona, stressed that this method of paying for street repairs should be evaluated. Wacker Drive from Dodge St. to J.F.K. Road. No written objections or oral objec- tions for this street. Council Member Kluesner moved adoption of a Resolution Adopting Plans and Specifications for 1986 Asphalt Paving Project and the 1986 P.C. Con- crete Paving Project. Seconded by Coun- cil Member Simon. Vote on the motion was as follows: Yeas--Council Members Kluesner, Krieg, Manning, Simon. Nays--Mayor Brady, Council Members Deich, Kronfaldt. Council Member Kluesner moved final adoption of Resolution No. 80-86 Resolu- tion of Necessity as proposed. Second- ed by Council Member Simon. Vote on the motion was as follows: Yeas--Council Members Kluesner, Krleg, Manning, Simon. Nays--Mayor Brady, Council Members Daich, Kronfeldt. MOTION FAILED DUE TO LACK OF 3/4 VOTE. Council Member Kronfeldt moved to reconsider the action on the above Resolutions. Seconded by Council Member Manning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Council Member Kluesner moved to amend the Resolution of Necessity by changing the J.F.K. Road Project from Asphalt to Concrete. Seconded by Coun- cil Mmeber Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kronfeldt moved to amend the Resolution of Necessity by deleting Bryant Street from Dodge St. to Grandview Ave. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfaldt, Manning. Nays--Council Members Krieg, Simon. Council Member Deich moved to amend the Resolution of Necessity be deleting Ramona St.]pamela Court from Mt. Loretta to Heritage Drive. Second- ed by Mayor Brady. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Manning. Nays--Council Members Kluesner, Krieg, Kronfald, Simon. MOTION FAILED. Council Member Delch moved to ~mend the Resolution of Necessity by doing rehab work rather than reconstruction on Ramona St. and leave as assessment. Seconded by Council Member Kronfaldt. Vote on the motion was as follows: Yeas--Council Member Deich. Nays--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. MOTION FAILED. Mayor Brady moved to amend the Resolution of Necessity by removing Evergreen Drive from the Street Pro- gram. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Deich. Nays--Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. MOTION FAILED. Council Member Krieg moved to amend the Resolution of Necessity by removing Ramona St./Pamela Ct. from the program. Seconded by Council Member Mmnning. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Manning, Simon. Nays--Council Members Kluesner, Kronfeldt. Council Member Deich moved to amend the Resolution of Necessity by r~moving Evergreen Drive from the pre- gram. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Manning, Simon. Nays Council Members Kinesner, 209 208 Special Session June 9, 1986 Krieg, Kronfeldt. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 117-86 WHEREAS, on the 30th day of April, 1986, plans, specifications, form of con- tra~ts and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the 1986 Asphalt Paving Project and the 1986 P.C. Concrete Paving Project; and WHEREAS, notice of hearing on plans, specifications, form of contracts and estimated cost was published as re- quired by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 9th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved final adoption 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--Council Member Kronfeldt. RESOLUTION NO. 118-86 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLU~ TION OF NECESSITY PROPOSED FOR THE 1986 ASPHALT PAVING PROJECT AND THE 1986 P.C. CON- CRETE PAVING PROJECT. WHEREAS, the City Council has pre- posed a Resolution of Necessity for the 1986 Asphalt Paving Project and the 1986 P.C. Concrete Paving Project, has given notice of the public hearing thereon as required by la~4; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted as amended by the Schedule of Amendments attached hereto as Ex- hibit A, and made a part hereof by reference. Ail objections filed or made having been duly considered are overruled. Passed, adopted and approved this 9th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. ORDERING BIDS RESOLUTION NO. 119-86 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the 1986 Asphalt Paving Project and the 1986 P.C. Concrete Paving Pro- ject are hereby ordered to be advertis- ed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accom- party each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids. Bids shall be opened and read by the ty Clerk and will be submitted to the Council for final action at 7:30 p.m. on the 7th day of July, 1986. 210 Special Session Passed, adopted and approved this 9th day of June, 1986. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. Nays--None. There being no further business, Coun- cil Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning. Nays--None. Meeting adjourned at 9:43 p.m. Mary A. Davis City Clerk Approved 1986 Adopted __ 1986 Mayor Council Members ATTEST: City Clerk June 9, 1986 211 Regular Session, June 16, 1986 CITY ~0--UN~----~ Kronfeldt moved that the proof OFFICIAL Regular Session, June 16, 1986. Council Met at 7:30 P.M,, Public Library Auditorium. Present: Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon, Ad- ministrative Assistant to the City Manager Gent Wittenberg, Corporation Counsel Barry A. LindahL Absent--City Manager W. Kenneth Gearhart, Mayor Brady read the call a~d stated that service thereof had been duly made and this Meeting is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may properly come before the Council. The Invocation was given by Rev. Loren Hirschy, Pastor of the Word of Life Church. Public Hearing on the 14 day suspen- sion of Liquor License of Avenue Top, 1080 University. Council Member Kronfaldt moved to suspend the license for 14 days beginning September 1, 1986. Seconded by Council Member Manning. Carrled by the following vote: Yeas--Council Members Deich Kluesner, Krieg, Manning, Simon. Nays--Mayor Brady, Council Member Kronfeldt. Communication of Attorney Lyle Galfiart advising no personal ap- pearance tlxis evening and requesting to be treated as others before them, presented and read. Council Member Simon moved that the communication be received and filed and further mov- ed that the 14 day suspension be effec- tive immediately. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Council Members Dalch, Kluesner, Krieg, Simon. Nay--Mayor Brady, Council Members Kronfeldt, Manning. Proof of pubfication, certified to hy the Publisher, on Notice of Public Itearing to consider designating an area of the City as a Residential Parking Permit District bonded by University, North Algona, Custer Street and Auburn St., presented and read. There were no writ- ten comments received and no oral ob- jectors at the meeting. Council Member of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending denial of Residential Parking Permit District bounded by University, N. Algona, Custer & Auburn Streets, presented and read, Council Member Kronfeldt moved that the com- munlcation be received and filed and concurred with the denial. Seconded by Council Member Kluesner. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None, Council Member Deich moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specs. for installation of elevator and remodeling work in City Hall, presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hear- ing. Council Member Simon moved that the proof be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 120-86 WHEREAS, on the 19th day of May, 1986, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Elevator Installation and Office Renova- tion in City Hall; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as re- quired by law. 212 Regular Sessio~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 16th day of June, 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 Delch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of the bids for the installation of an Elevator and Office renovation in Ci- ty Hall AND Communication of City Manager recommending to award con- tract for project to Strub Construction Co., presented and read. Council Member Simon moved that the proof and communication be received and fil- ed, Seconded by Council Member Kluesner, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Sin~on. Nays--None. AWARDING CONTRACT RESOLUTION NO. 121-86 WHEREAS, sealed proposals have been submitted hy contractors for the Elevator Installation and Office Renova- tion in City Itall pursuant to Resolution No. 98-86 and notice to bidders publish- ed in a newspaper published in the City of Dubuque, Iowa on the 22nd day of May, 1986. WHEREAS, said sealed proposals were opened and read on the 5th day of June, 1986 and it has been determined that the bid of Strub Construction Com- pany of Dubuque, Iowa in the amount of $150,603.00 was the lowest bid for the furnishing of all labor and materials and June 16, 1986 performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to Strub Con- strucfion Company and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: Tliat upon the sigrfing of said contract and the approval of the contracteFs bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16th day of June, 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 Dalch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Hearing on Plans and Specs. for structural modifications to the north wall of the Tranalt Garage, )resented and read. There were no writ- ten objections received and no oral ob- ectors present at the time of the Hear- ing. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, gluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS RESOLUTION NO. 122-86 WHEREAS, on the 19th day of May, 1986, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the Structural Modifications of the Transit Garage; and WHEREAS, notice of hearing on 213 Regular Ses~sion, June 16, 1986 plans, specifications, form of contract, and estimated cost was published as re- quired by law. NOW, THBREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote; Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Man- dig, Simon. Nays--Counall Member Krnnfaldt. Proof of publication, certified to by the Publisher, on Notice to Bidders of the receipt of the bids for the construction of structural modifications of the Tran- sit Garage, AND Commudicatinn of Ci- ty Manager recommending to award contract for project to M.P. Kluck & Sons, Inc., presented and read. Council Member Simon moved that the proof and communication be received and fil- ed. Seconded by Council Member Kluesner, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kralg, Man- ning, Simon. Nays--Council Member Kronfeldt. AWARDING CONTRACT RESOLUTION NO. 123-86 WHEREAS, sealed proposals have been submitted by contractors for the Structural Modifications of the Transit Garage pursuant to Resolution No. 101-86 aad notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of May, 1986. WHEREAS, said sealed proposals were opened and read on the 5th day of June, 1986 and it has been determined that the bid of M.P, Kluck & Sons, Inc. of Dubuque, Iowa in the amount of $10,925.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Counall of the City of Dubuque, Iowa: That the contract for the above im- ~rovement be awarded to M.P. Kluck & Sons, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16th day of June, 1986..~ James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klhesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. proof of publication, certified to by the Publisher, on Not, ce to Bidders of Public Hearing to consider of disposing of Ci- ty's interest in land locatpd in the prox- imlty of the City's Public Works Garage for development of road systems bet- ween 9th and 11th Streets, presented and read. There were no written objec- tions received and no oral objectors pre- ~ent at the time of the Hearing. Coun- cil Member Kluesner moved that the )roof be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 124-86 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of generai alrcula- Regular Session, June 16, 1986 tlon published in the City of Dubuque, Iowa, on the 6th day of June, 1986, the City Council of the City of Dubuque, Iowa met on the 16th day of June, 1986, at 7:30 p.m. in the Public Library Auditorium to consider the proposal for the sale of real estate described as: City Lot 503, City Lot 504, City Lot 507, and Lot I of Riverfront Subdivision #4 in the City of Dubuque, Iowa, to the Iowa Department of Transpor- tation; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the Ci- ty of Dubuque, Iowa in the hereinabove described real estate to the Iowa Depart- ment of Transportation, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1, That the disposal of the in- terest of the City of Dubuque, Dubuque County, Iowa in real property describ- ed as City Lot 503, City Lot 504, City Lot 507 and Lot 1 of Riverfront Subdivi- sion #4, in the City of Dubuque, Dubu- que County, Iowa to the lowa Depart- ment of Transportation be and the same is hereby approved for the sum of Four Thousand One Hundred Dollars ($4,100.00), plus the option of removing and relocation of the buildings, and that the City of Dubuque is willing to make the property available no later than December 1, 1986; conveyance shall be by Quit Claim Deed. Section 2. That the City of Dubuque reserves unto itself all existing easernents or be subject to relocation as outlined in project Agreement #73-P4)24. Section 3. That the Mayor be authorized and directed to execute copies of a partial acquisition contract identified as Parcel No. 256 - Project No. F-61-8(22)--20-31 with the Iowa Depart- ment of Transportation and on receipt of the purchase price the Mayor be authorized and directed to execute a copy of the Quit Claim Deed, and the Ci- ty Clerk be and she is hereby directed and authorized to delivery deed of con- veyance conveying the above described real estate to the above named party. Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubu- que County Recorder and the Dubuque Passed, approved and adopted this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Council giembers Dalch, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of puhllcatiom certified to by the Publisher, on Notice of Meeting of the ~ the matter of the proposed issuance of not to exceed $400,000 Ur- Bonds, of the City of Dubuque, presented and read. There were no writ- ten objections received and no oral ob~ iectors present at the time of the Hear- ing. Council Member Kinesner moved that the proof of publication be receiw ed and filed. Seconded by Council ~r Simon. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfeldt. Manning, Simon. Nays--None, RESOLUTION NO. 125-86 RESOLUTION INSTITUTING PRO- CEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $400,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS. WHEREAS, pursuant to notice published as required by law, this Coun- cil has held a public meeting and hear- ing upon the proposal to institute pro- ceedings for the issuance of not to ex- Urban Renewal Tax In- . Revenue Bonds for the purpose of paying costs of carrying out of the Couler Valley Redevelopment Area Pro- c the authority of Chapter 403 of the Code of Iowa, 1985, and has c~n- aldered the extent of objections receiv- ed from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now to be in the best interests of the City and residents thereof: 215 214 Regular Session NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and is- suance in the manner required by law of not to exceed $400,000 Urban Renewal Tax Increment Revenue Bonds for the foregoing purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the Ci- ty with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale info~ marion as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Combination of City Manager submit- ting Resolution providing for a public hearing to be held on amended Plans mad Specs. for 1986 Asphalt Paving & P.C. Concrete Paving Project, presented and read. Council Member Kluesner moved that the communicatinn be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Krieg, Kronfeldt, Manning, Simon, Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 126~86 WHEREAS, the City Council of the City of Dubuque, Iowa, gave its preliminary approval of the plans, June 16, 1986 specifications, and form of contracts on May 5, 1986 for the 1986 Asphalt Pav- ing Project and the 1986 P.C. Concrete Paving Project; and WHEREAS, a public hearing was held on June 9, 1986, on the proposed plans, specifications and form of con- tracts, wherein said plans, specifications and form of contracts were amended; and WHEREAS, it is necessary that a public hearing be held on the amended plans, specifications and form of contracts. NOW, THEREFORE. BE IT RESOLVED by that on the 7th day of July, 1986, a public hearing will be held at 7:30 p.m. in the Public Library Auditerium at which time interested )ersons may appear and be heard for or against the proposed plans and specifications, form of contracts and cost of said improvements, and the Ci- ty Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the date fixed for its consideration. At the hearing, any in- terested person may appear and file ob- jections to the proposed plans, specifica- tions, contracts, or esti~nated cost of the ~mprovement. Passed, adopted and approved this 16th day of June, 1986, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Simon. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving a Conceptual Development Plan for the PC Planned Commercial District for Kennedy Mall, )resented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Krieg. Carried by the following vote: 216 Regular Session Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE approving a Con- ceptual Development Plan for the PC Planned Commercial District for Ken- nedy Mall for the inclusion of a Cinema 6 Theatre and Fabric Store in the area east of Century Drive and south of Stoneman Road, presented and read. Council Member Klueaner 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 7th day of July at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khieaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Planning and Zon- ing Commission approving rezoning re- quest of Northrange Associates, Inc. for property located north of Pennsylvania Ave. and adjoining Narthrange Court, presented and read. Council Member Simon moved that the communicatinn be received and filed. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deicli, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending Code of Ordinances Appendix "A" by reclassi- fying properties north of Pennsylvania Ave. and adjoining Northrange Court from R-1 Singie Family Residential District to R-2 Two-Family Residential District and R-3 Multi-Family Residen- tial District, presented and read. Coun- cil 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- June 16, 1986 lng be held on the proposed Ordinance on the 7th day of July, 1986 at 7:30 o'clock 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 Krieg~ Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Kronfeldt, Manning, Simon. Nays--Council Members Deich, Khiesner, Krieg. MOTION FAILED DUE TO LACK OF 3/4 VOTE. Council Member Yauesner moved that this reading be considered the first reading of the Ordinance and that it be ~et for Hearinng on the 7th day of Ju- ly, 1986 at 7:30 o'clock p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner )rescribed by law. Seconded by Coun- cil Member Krieg. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of planning and Zon- big Commission submitting report on au amendment to the signage requirements for Bed and Breakfast Homes in OR Of- lice Residential District; Communica- tion of Development Services submit- ting comments regarding this rezoning request; Communication of Dubuque Historic Improvement Co. requesting approval of signage allowances, presented and read. Council Member Kronfaldt moved that the communica- tions be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Simon. Nays--Council Member Manning. An ORDINANCE Amending Appen- dix "A" of the Code of Ordinances by enacting new Section 3-2.1D(2)B; Enac- ting a new portion of Section 4-3.11 in lieu thereof, to change the signage re- quirement s for Bed & Breakfast Homes in the OR Office Residential District, allow directional signs in a designated Historic Preservation District and ex- clude Educational or religious institu- tions from the signage requirements of a designated Historic Preservation Dis- 217 Regular Session June 16, 1986 trict, presented and read. Council Member Kronfaldt moved that this be considered the first reading of the Or- dinance, and that the 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 Ordinance on 7th day of July, 1986 at 7:30 o'clock 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 Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfefilt, Simon. Nays--Council Member Manning. Communication of Planning and Zon- ing Commission approving rezonlng re- quest of American Red Cross for proper- ty located in area commonly known as University Park on Asbury Road, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Memer 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 the Code or Ordinances by reclassifying property known as Univer- sity Park from R-1 Single Family Residential District to ID Institutional District and approve a Conceptual Development Plan for the American Red Cross ID Institutional District, presented and read. Council Member Simon moved that this reading be con- sidered 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 tlie meeting at which iris to be finally adopted be suspended, and further moved that a Public Hear- ing be bald on the proposed Ordinance on the 7th day of July, 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 Kronfeldt. 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 advising of their denial to rezone property at 511 Garflald from R-2A Alternate Twa-Family Residential to LI Light Industrial District, however, submitting Ordinance if Council chooses to hold Public Hearing on said request, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Member Kronfeldt. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of A1 Polsean requesting to address the Council regarding truck traf- fic on Crescent Ridge and other matters, presented and read. Mr. Polsean objected to truck traffic, lack of bus service, inadequate street lighting. Council Member Simon nmv- ed that the petition be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfaldt. Petition of Attorney F.J. O'Connor, on behalf of Frank Hurdle Advertising, requesting to address Council regarding Hill Street billboards, presented and read. Attorney Brendan Quann stress- ed the rights of Frank Hardie Advertis- lng. Council Member Kronfeldt moved that the petition be received and filed. Secoonded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. Communication of City Manager responding to correspondence received from Attorney O'Connor, presented and read. Council Member Kronfeldt moved that the communication be received and filed and matter referred to the Staff for follow-up. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--Council Member Dsich. Notice of Claim from Frank Hurdle 218 Regular Session, June 16, 1986 Advertising, Inc., presented and read. Council Member Kronfaldt moved that the claim be referred to the Legal Staff and City Mgr. for proper proceedings and that directions now are that the Ju- ly 1st deadline date for removal of billboards can be removed and that it should be done as soon as legally possi- ble. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--Council Member Deich. ORDINANCE NO. 47-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- TING ARTICLE VI OF CHAPTER 33 COMPRISED OF SECTIONS 33~100 AND 33-105 THROUGH 33-114 THEREOF pROVIDING FOR THE REGULATION OF WASTE COLLEC- TION RECEPTACLES IN pUBLIC PLACES, said Ordinance having been presented and read at the Council Meeting of June 2, 1986, presented for further action. Council Member Manning 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 final- ly adopted be suspended, and final adop- tion of the Ordinance. Seconded by Council Member Kronfaldt. Carried by the following vote: yeas--Mayor Brady, Council Members Kinesner, Kvieg, Kronfeldt, Manning, Simon. Nays--Council Member Deich. ORDINANCE NO. 47-86 AN ORDINANCI~I AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUB1JQUE, IOWA, BY lOWS: ARTICLE VI. ENCROACH- MENTS ON pUBLIC pLACES DIVISION I. GENERAL "Sec. 33~100. Intent and purpose. (a) The uncontrolled placement, of architectural features, building projec- tions, gwatss, vaults, areaways, waste collection receptacles, newsraeks and other items in public places presents an : and danger to the safety weffare of persons using such pub- ~s including pedestrians, persons entering and leaving vehicles and build dgs, and persons perforining essential utility, traffic control and emergency services. (b) Such encroactunents so located as to cause all undue inconvenience or danger to persons using public places or which are unsightly in appearance are hereby declared to be public nin- (c) The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the safety and welfare of persons in the city DIVISION Il. WASTE COLLECTION RECEPTACLES ~'Sec. 33-105. Definitions. The following words when used in Lifts division shall have the following meanings: public places shall mean public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, under- passes, grade crossing separations and approaches, public ways, squares and Waste shall mean garbage, refuse including waste incidental to food preparation, wastepaper boxes, con- struction materials, manufacturing materials, market waste, garden waste, trees, tree hmbs, leaves and any and ll other sinfilar materials. Sec. 33-106. Permit required. No person, firm or corporation shall ENACTING ARTICLE VI OF and/or maintain any waste col- CHAPTER 33 COMPRISED OF lecfion receptacle on or in any public SECTIONS 33-100 AND 33-105 place without first obtaining a permit · ~ ~ PRO- therefor, providing acceptable proof of TltROUGH 33-114 THEREOt V1DING FOR THE REGULATION liability insurance and paying the per- ed in tiffs division. OF WASTE COLLECTION RECEP- 33-107. Application for per- TACLES IN PUBLIC PLACES Sec. NOW THEREFORE, BE IT ORDAINED BY THE CITY cOUN- An application for per,nit shall be CIL OF THE Clq~r OF DUBUQUE, filed with the City Engineer on a form te be provided by him/her. Such appli- IOWA: Section 1. That the Code of Ordi- cation tbr a permit shall be filed with nances of thc City of Dubuque, Iowa, the City Engineer not less than seven be amended by enacting Article VI of days prior to the date the waste collec- Cbapter 33 comprised oi Sections 33- tion receptacle is to be so located. For 100 and 33-105 througb 33-114 as roi- each waste collection receptacle cur- 219 Regular Session, June 16, 1986 rently located in a public place, such any claim against the City of Dubuque application shall be filed on or before arising out of the placement or mainte- July 1, 1986. nance of said waste collection recepta- Sec. 33-108. Permit fees, (a) An applicant shall pay a ton dol- lar ($10.00) permit fee to the City for each waste collection receptacle cur- rently in a public place as of July 1, 1986 and for each receptacle subse- cie. Sec. 33-111. Insurance. (a) A permit holder shall provide, at the time a permit appIication is filed, a copy of the permit holder's general liability insurance, including quently placed in a public place. Such vehicle coverage issued to the permit permit fee is due and payable at the holder and protecting her/him from all time of the filing of an application for claims for personal injury including each receptacle, death and all claims for destruction of (b) A permit holder shall pay an ?r dmnage to property arising out of or annual renewal permit fee of five dol- ~n connection with any operations of lars ($5.00) to the City on or before the permittee whether such operations July 1, 1987 and each July Rrst there- be by himself/herself or by any after for each waste collection recep- employee or agent or anyone directly tacle in place as of July first of that or indirectly employed by the permit year. holder under him/her. The minimum (c) Permits is~sued pursuant to sub- coverage of such insurance Shall be as sections (a) and (b) of this section shall follows: be valid only for the calendar year in wbich issued and shall not be transfer- public liability insurance $1,000,000 able from one location to another property damage insurance $ 300,000 location except to a location with the same post office address. (d) The permit fee fro' a waste col- lection receptacle to be placed in a public place for a period of thirty days or less shall be five dollars ($5.00). (e) Permit fees are non-refundable (b) Said insurance policy shall name the City qf Dubuque as an additional insured,mhd shall provide for ten days prior notice in writing by certified mail to the City Manager of any material change or cancellation of said policy. and are not subject to proration. (c) In the event the permit holder is (f) The permit and authority granted or becomes self-insured and has sub- by the issuance of a per, nit is for the mitred in writing evidence of such fact sole benelit of the permit holder and is in a form satisfactory to the Corpora- not transferable to any other person tion Counsel, the insurance reqnire- without the prior written consent of merits of this section may be waived. the City. Sec. 33-112. Exclusion. Sec. 33-109. Maintenance. The permit hnider, by acceptance of Each waste collection receptacle for a permit, convenants and agrees that wifich a permit is issued shall be: the revocable permit granted does not (a) maintained in a clean and saul- constitute approval of the design, con- trow condition at all times; struction, repair or maintenance of any (b) kept painted and clearly identi- waste collection receptacle and said fled in bold lettoring as property of permit holder hereby covenants and thepermit hnider; agrees not to assert such claim or (c) maintained in a good state of defense against the City in the event repair; and of claim asserted for death, personal (d) constructed and be of such materials as to meet all state and fed- eral regulations governing the maufac- turing of receptacles for the collection of waste. Sec. 33-110. Hold harmless. A permit holder shall pay on behalf injuries and/or property damage against the permit holder arising out of or in any way connected with the design, construction, repair or mainte- ~mnce of waste collection receptacles for wifich a permit is issued. See. 33-113. Revocation. of the City of Dubuque all sums which (a) A permit issued under this divi- the City of Dubuque shall be obligated sion may be revoked or not re- to pay by reason of any liability newed for failure to comply with the imposed upon the City for damages of reqmrements of this division or any any kind resulting from the placement other applicable legal requirements or or maintenance of a waste collection for fl'aud, deceit, or misrepresentation receptacIe, whether sustained by any [ in connection with an application for a person or persons, caused by accident permit or renewal of a permit. or otherwise, and shall defend at its (b) In the event of such revocation, own expense and on behalf of the City the City Manager shall not fy the per- 220 Regular Session mit holder in writing of such revoca- tion or refusal of renewal, specifying the reasons therein for such refusal. The permit holder or his/her succes- sor in interest may petition the City Council for a hearing on such refusal. (c) The permit holder, witliin tltrty days of receipt of a written notice from tbe City Manager to remove a waste collection receptacle, shall at his/her tion receptacle. In the event of his/her failure to do so, the City of Dubuque shall remove said waste collection receptacle at the permit holder's expense and dispose of the same. The permit holder agrees to make no claim against the City or its agents for dam- ages resulting from the removal of said waste collection receptacle. (d) Notlfing in this section shall pre- chide the City Manager from giving immediate notice to a pemait holder to remove a waste collection receptacle in ti~e event such receptacle has been dmnaged or has been moved or other- wise placed to cause an bnmediate threat to public safety. In the event the receptacle is not removed within four hours of such notification, the City Manager shall remove such recep- tacle as provided in subsection (c) Sec. 33-114. Exception. Privately owned waste collection receptacles placed hi a public place to facilitate so[id waste collection by the City pursuant to Sections 17-31 through 17-37 of this Code are exempt from the provisions of tiffs division." Passed, approved and adopted this 16th day of June, 1986. James E. Brady, Mayor Aq'rEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of June, 1986. Mary A. Davis City Clerk it 6/27 Communication of City Manager re- questing approval of payment for a total amount of $165,368.38 to Civil Con- structors, Inc. as final payment for the bal~ filter press installed at the Wastewater Treatment Plant, presented and read. Council Member Manning moved that the communciation be received and filed and approved Mgr.'s request and authorized payment. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing Mayor be authorized to ex- ecute an Agreement with the Iowa State Conservation Commission, presented and read. Council Member Simon mov- ed that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 127-86 RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE IOWA STATE CONSERVATION COMMISSION. WHEREAS, the City of Dubuque has submitted an application to the Iowa State Conservation Cmnmisslon for a grant from the Marine Fuel Tax Fund; and WHEREAS, the application encom- passes the extension of the existing boat launching ramp, the improvement of the parking lot associated with the boat launching ramp. and the construction of restroom facilities on Chaplain Schmitt Memorial Island; and WHEREAS, the estimated construc- tlon cost of the three projects is $93,692.00 and the amount of the grant is $70,269.00 or 75% of the total con- struction amount; and WHEREAS, the local share for con- struction will be $23,0423.00 plus engineering costs; and WHEREAS, in the approved Fiscal Year 1986-1990 Capital Improvement Program in FY 1986, $27,500.00 of local ~unds was appropriated for this project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That authorization be granted for the expenditure of $93,692.00 plus engineering costs for these three projects: extension of the existing boat ramp, associated parking lot im- provements and construction of restroom facilities on Chaplain Sehmitt Memorial Island. Section 2. That the Mayor be authorized and directed to execute a June 16, 1986 221 Regular Session cooperative agreement for develop- ment and maintenance ora Marine Fuel Tax Fund project with the Iowa State Conservation Commission. Passed, approved and adopted this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt. Manning, Simon. Nays--None. BOARDS AND COMMISSIONS: Communication of Pat Casey submit- ting her resignation from the Housing Commission, presented and read. Coun- cil Member Kronfeldt moved that the resignation be received and fried and ac- cepted with regret. Seconded by Coun- cil Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. CIVIL SERVICE COMMISSION - Two Unexpired terms, one will expire 3-31-88 and one to expire 3-31-90. Ap- plicants: Pat Dillon, Wm. K. Hummel, Robert M. Miller, Ed W. Ryan, John H. Rhomberg. Mayor Brady recommended that Pat Dillon be appointed to the unexpired terms which will expires 3-31-90 and Robert M. Miller be appointed to the unexpired term which will expire 3-31-88. Council Member Manning moved that Council concur with the Mayor on these appointments. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. DOCK BOARD - One Unexpired term which will expires 11-26-86. Applicants: Ed W. Ryan. Council Member Manning moved that they delay appointment for a two week period and continue to adver 222 June 16, 1986 rise for this Commission. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Council Members Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Kluesner, Krieg, Simon. MOTION FAILED. Council Member Simon moved to ap- point Ed Ryan to the Dock Board to fill an unexpired term which will expire Nov. 26, 1986. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiosner, Krieg, Simon. Nays--Council Members Kronfeldt, Manning. Therefore, Ed W. Ryan appointed to the Dock Board to fill au unexpired term which will expire Nov. 26, 1986. HISTORIC PRESERVATION COM- MISSION - 4 Three year terms which will expire June 29, 1989 and 1 Unex- pirod term which will expire 6-29-87. Ap- plicants: Robert Smith (Rep. Historical Society), Winnie Thompson (Rep. Lower Blufi), Marion Hickey (Rep. Realtors) C. George Biasi (Rep. Realtors). Council Member Mann~g moved that Robert Smith be reappointed (rep. Historical Society) and Winnie Thomp- son on behalf of the Lower Bluff area and Marion Hickey be appointed on behalf of the Realtors. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. TV CABLE REGULATORY COM- MISSION - 2 Three Year terms which will expire June 30, 1989. Applicants: Larry Dietiker, Carl Heathcote, Douglas Hilby, Richard J. Kallock, William A. Ternent. First vote on the appointment: Mayor Brady voted for Kallock & Hflby; Coun- cil Member Deich voted for Ternent & Hilby; Council Member Kluesner voted for Kallock & Hilby; Council Member Krieg voted for Ternent & Hflby; Coun- cil Member Kronfeldt voted for Kallokc & Hilby; Council Member Manning voted for Heathcote & Hilby; Council Member Simon voted for Heathcote & Hilby. Therefore, Douglas Hilby reap- Regular Session, pointed for a term to expire 6-30-89. Second vote on the appointment for the other term: Mayor Brady voted for Kallock; Council Member Deich voted for Kallock; Council Member Kluesner voted for Kailock; Council Member Krieg voted for Ternent; Council Member Kronfeldt voted for Kallock; Council Member Manning voted for Kallock; Council Member Simon voted for Kallock. Therefore, Richard Kallock appointed for the 2nd term which will expire 6-30-89. PARK AND RECREATION COM- MISSION - 3 Three year terms which will expire 6-30-89. Applicants: Roy Bergar, Harry J. Bemis, Michael J. Buelow, Ralph Q. Hartlep, John G. Miller, Jane White, John E. Lewin. Vote on the appointments: Mayor Brady voted for Berger, Buelow & Miller; Council Member Deich voted for White, Buelow & Miller; Council Member Kluesner voted for Berger, Bualow & White; Council Member Krieg voted for Berger, Buelow & White; Council Member Kronfeldt voted for Berger. Buelow & White; Council Member Manning voted for Berger, Buelow & White; Council Member Simon voted for Berger, Buelow & White. Therefore, Roy Berger appointed and Mike Bualow and Jane White reap- pointed to three year terms which will expires June 30, 1989. Dubuque Jaycees requesting to transfer their Beer Permit from 1023 Main Street to the parking Lot, River- side Bowl, at 1860 Hawthorne on July 4th and 5th, presented and read. Coun- cil Member Delch moved that the transfer be approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 128-86 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. Dennis A. Althaus 3400 Central Ave. Family Mart, Inc. 3201 Central Ave. June 16, 1986 A.Y. McDonald, Co, 4800 Chavenelle Rd, ?lexsteal Co. 32~) Jackson St. Wm. C. Brown Co. 3460 Kerper Blvd. FDL Foods, Cafeteria ?01 East 16th St. 1958 Central Ave. George K. Arvanltis Burr & F. Enterprises, Inc.703 Town Clock Plaza F. Bleile 2600 Central Ave. : & Judith Ann Clark 1313 Dodge St. ~reraer Grocery Co. 731 Rhomberg Ave. Yelma Curran 2372 Central Ave. 3500 Dodge St. Dayton Hudson Corp. Mary Detainer 1445 Central Ave. Dubuque Golf and Country Club 18~ Randall Pl. 54 Locust St. Eagle Point Tavern, Ltd, Curtis L. Gerhard James W, Goetziuger David H. Hoffman 2401 Windsor 2106 Central Ave. 2776 Jackson St. 450 West Locust St. 1685 J.P- Kennedy 14th and Central 605 Dodge St. 400 Ehomberg Ave. 3333 Asbnry Rd. 3434 Dodge St. 3250 Dodge 1481 Dodge Iowa Gas 1387 Dodge St. KM-IOCO Speede Shoppe 2338 University Ave. KM-IOCO Speede Shoppe 1998 Jackson St. KM~IOC0 Speede Shoppe 3200 Central Ave. Oaln P. Johnson 1602 Central Ave. Bottom's Up Passed, adopted and approved this 16th day of June, 1986. James E. Brady Mayor ATTEST: 223 Regular Session, June 16, 1986 Mary A. Davis City Clerk Council MeInber Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 129-86 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 Catherine C. Meyer 530 E. 22nd St. Pusaterl Eros., Inc, 2400 Central Ave. CLASS "C" BEER PERMIT Jena, Inc. 1545 8. Grandview (Also Sunday Sales) Grandview Drug 586 N. Grandview (Also Sunda heinz Convenience Stores, 1nc.3301 Pennsylvania (Also Sunda CLASS "E" BEER PERMIT Hy Vee Food Stores, Inc. 3333 Asbury Ed. (Also Sunday Sales) Passed, adopted and approved this 16th day of June, i986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved edop- tion of the Resolution. Seconded by Council Member Mm~ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 130-86 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 "A" (CLUB) BEER AND LIQUOR LICENSE Loyal Order of Moose 12th & Main (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEEN AND LIQUOR LICENSE Lloyd Dalsing 3730 Central (Also Sunday Sales) Marvel I, Kennedy 3453 Jackson St, Joter Incorporated 31-35 Locust (Also Sunday Sales) Elizabeth Krajnovich 542 West 8th Melvin A. SpiegelhaRer 1029 MMn St. Heron, Inc. 799 University Ave. Wayne Paul Schollmeyer 176 Locust St, (Also Sunday Sales) Michael John Sawvell 1700 Central (Also Sunday Sales) Creslanes Bowling, Inc. 223 Main St. (Also Sunday Sales) Kenneth Jerome Love 802 Central (Also Sunday Sales) Eugene A. Otting 1689 Elm Passed, adopted and approved this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. An Application granting the issuance of Class "C" (Commercial) Beer & Li- quor License to Ethel Schwartz {Also Sunday Sales) 574 E. 16th Street was Council Member Manning moved that the License be denied. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--None. 224 Regular Session Abstain--Council Member Kronfaidt. Printed Council Proceedings for the month of January, 1986 presented for Council approval. Council Member Man- ning moved that the proceedings be ap- proved as printed. Seconded by Coun- cil Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Building Cede Advisory & Appeals Board of 5-29; Fire Retirement Board of 5-23; Historic Preservation Cotton. of 5-20 & 6-3; Hous- ing Code Appeals Bd. of 5-21; Mechanical Board of 5-27; Public Library Bd. of 5-20; Human Rights Comm. of 6-9; presented and read. Council Member MaxmJng moved that the minutes be received and filed. Seconded by Council Member Kronfaldt. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Duane A. & Mary T. Chase in amount of $3800 for water damages; Viola Coaley in est. amount of $150 for backed-up sewer damages; James Faulhaber in amt. of $355 for backed-up sewer damages; Kathy Krause in rant. of $24 for personal losses; Stanley Kueter in amt. of $35 for backed-up sewer damges; Leo Link vs. City of Dubuque et al in the amount of $10,000 on two counts for wrongful death of son; Greg & Jane Luchainger in est. amount of $875 for backed up sewer damages; Terry Trueblood in est. amt. of $278 for backed-up sewer damages; Peter Meder is est. amt. of $20 for property damages; Steven E. Owens in est. amt. of $867.34 for car damages; Alice B. Eberhart in est. amt. of $288.50 for personal proper- ty damages; Lomas & Nettleton Co. vs. City of Dubuque et al submitting Notice of Petition for Mortgage Foreclosure & Receiver (Joan M. Wagner); Vincent Torres in amount of $14.60 for backed- 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council 225 June 16, 1986 Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel recommending settlement in the amount of $300 plus $77 court costs for personal injury claim of Patrick J. Ahem, presented and read. Council Member Manning moved that the set- tlement be approved and the Finance Director issue the proper check. Second- ed by Council Member Kronfaldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to rezone property at 1703 through 1791 Elm Street, presented and read. Court- cil Member Manning moved that the ~roof of publication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the foilowlng vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims paid for the month of April, 1986, presented and read. Council Member Manning moved that the proof be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition containing 76 signatures ob- iecting to the action of Council in con- nection with the billboard issue, presented and read. Council Member Manning moved that the petition be received and flied. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays None. Communication of Creative Concepts objecting to moratorium regarding billboard constructions, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Regular Session, June 16, 1986 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Linehan & Mohi Inc. objecting to giving $100i000 to Swiss Valley, presented and read. Coun- cil Member Manning moved that the communication be received and filed. Seconded by Council Member ] Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Eilean T. Koster objecting to slow play on the Bunker Hill Golf Course, presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kfuesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Petition of Peoples Natural Gas re- questing permission to cut one four foot by six foot hole on West Third St. to repair loak, presented and read. Coun- cil Member Manning moved that the petition be received and filed and re- quest approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--Nane. Dubuque Golf & Country Club re- questing permission to display fireworks on July 4, 1986 at 9:15 p.m. on their grounds, presented and read. Council Member Manning moved that the re- quest be approved and referred to the Staff for proper iinplementation. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kineaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Conununicatinn of City Manager sub- mitting Agreement between the City and Phone-A-Friend, Inc. Information and Referral Service, presented and read. Council Member Manning moved that the communication be received and filed. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 131-86 A RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE PHONE-A-FRIEND, INC. INFORMA- TION AND REFERRAL SERVICE AND AUTHORIZING AND DIREC- TING THE CITY MANAGER TO EX- ECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBU- QUE, IOWA. WHEREAS, the City of Dubuque, Iowa, has negotiated with the Phone-A- Friend, Inc. Information and Referral Service to continue to provide for the sixth year services for the express pur- the social and economic needs of the low and moderate income persons and the long-term unemployed; and WHEREAS, the terms and conditions under which Phone-A-Friend, Inc. Infur- marion and Referral Service will be fund- ed for providing the abev~-described ser- vices are set forth in the Funding Agree- ment, a copy of which Agreement is hereto attached and by this reference made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa and the Phone-A-Friend, Ina Information and Referral Service be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by 226 Regular Session, June 16, 1986 the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning. Simon. Nays--None. Communication of City Manager sub- mitting Funding Agreement between the City of Dubuque and the Washington Neighborhood Tool Library for FY '87, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 132-86 A RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE WASHINGTON NEIGHBORHOOD TOOL LIBRARY, INC, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque, Iowa, has negotiated with the Washington Neighborhood Tool Library, Inc. to provide a tool lending library service for the express purpose of aiding in the effort to prevent the spread of slum and blight within the Ci- ty of Dubuque; and WHEREAS, the terms and conditions under which Waslxington Neighborhood Tool Library, Inc. will be funded for pro- riding the above-described services are set forth in a Funding Agreement, a copy of which Agreement is hereto at- tached and by this reference made a part thereof; and WHEREAS, the activities as delineated in the Funding Agree~nent comply with the primary objective of the Housing and Community Development Act of 1974, as amended [570.200(3)], and comply with one or more of the 'na- tional' objectives [570.208(a)]; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa, and the Washington Neighborhood Tool Library, Inc. be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Councl Membors Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Communication of City Manager sub- mitring Resolution amending Capital Project IA-05-0046 and Planning Pro- ject IA-90-0023, presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 133-86 RESOLUTION AUTHORIZING THE FILING OF AMENDMENTS TO SECTION 5 APPLICATION (IA-05-0046) AND SECTION 9 AP- PLICATION (IA-90-0023) WITH THE DEPARTMENT OF TRANSPORTA- TION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTA- TION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation 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 pro- ject costs: 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 amendments Co ap- pllcations for assistance under the Ur- ban Mass Transportation Act of 1964, 227 Regular Session, June 16, 1986 as amended, the app]lcsnt give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Deparment of Transportation requirements thereunder; and WHEREAS, it is the goal of the ap- pi/cant that minority business enter- prise be utilized to the fullest extent possible in connection With these pro- jects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportuni- ty to compete for contracts when pro- curing construction contracts, supplies, eqmpment contracts, or consultant 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 ty of Dubuque is authorized to exec and file amendments to applications on behalf of the City of Dubuque with the ~S. Deparment of Transportation, to aid in financing the purchase of twenty destination signs, destination curtains and side transom glasses w/masks pu~ suant to Sections 5 and 9 of the Urban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor of the C~ ty of Dubuque is authorized to execute and file with such amendments to ap- plications, assurances or any other documents required by the U.S Depart- ment of T~nsporation effectuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That William Kohler, T~n- sit Manager, is authorized to furnish such additional information as the U.S. Deparment of Transportation may re- quire in connection with the applica. tions, amendments or the 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 p ~Jects procurement needs. Section 5. That the Mayor of the ty of Dubuque is authorized to execute grant contract agreements and amend- ments to said agreements on behalf of the CYty of Dubuque with the U.S. Department of Transportation for aid in the financing of capital assistance projects. Passed, approved and adopted this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Miracle Car Wash, Inc. objecting to ~mprovements proposed for John F. Kennedy Road from Asbury Road to NP · .. Lof H ghland Addltlon', presented and read. Council Member Manning moved that the objection be received and filed. Seconded by Council Member Kronfeldt. Cartied by the fo]lowing vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Commudication of City Manager recommending acceptance of the con- struction contract for the Sehmltt Island Recreation Complex Sanitery Sewer, presented and read. Council Member Manning moved that the com- munication be received and filed. Seconded by Council Member Kronfeldt, C~rried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Man- ning, Simon. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 134-86 WHEREAS, the contract for the Schmltt Island Recreation Complex Sanitary Sewer has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accor- ding to the terms of the contract, pinns and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED 228 Regular Sessior that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Fund, the CIP levy, and the Refuse Collection Fund in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. FINAL ESTIMATE RESOLUTION NO. 135-86 WHEREAS, the contract for the Schmitt Island Recreation Complex Sanitary Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provements is hereby determined to be $87,562.04 and that said amount shall be paid from the Sanitary Sewer Fund, the CIP levy, and the Refuse Collection Fund of the City of Dubuque, Iowa. Passed, approved and adopted, this 16th day of June, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Manning moved adoption of the Resolution. 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 Planning and Z~n- June 16, 1986 lng Commission approving the final pint of George Ohmert Estate, present~fl and read. Council Member M~ning moved that the communication be received and lied. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kronfeldt, Manning, Simon. Nays--None. Upon consensus of opinion of Council it was decided to send a letter to the Iowa DOT requesting signs to our City attractions, and prepare it for the Mayor's signature. There being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 9:50 p.m. Mary A. Davis City Clerk Approved__ 1986 Adopted _ 1986 Mayor Counc]l Members ATTEST: City Clerk 229