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1986 October Council ProceedingsRegular Session, September 15, 1986 Zening Co~nmiesion approving final plat of George Ohmart Estate located south of Nar~h Cascade Road and west of June Drive, presented and read. Council Member Manning moved that the com~ munlcation be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Menning, Siman. Nays--None. Communication of City Manager vldlng a brief summary of a puonc meeting conducted on the Fiscal Year 1988 City Budget, presented and read. Council Member Manning moved that the communication be received and ill- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Krnnfaldt, Manning, Simon. Nays--None. Communication of Dolores Johnson submitting her resignation from Hous- ~ng Code Advisory and Appeals Board, presented and read. Council Member Manning moved that the communica- tion be received and flied and accepted the resignation with regret. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kranfaldt, Manning, Simon. Nays--None. ..... of City Manager responding to Nigiengale Lane residents petition, presented and read. Council Member Kronialdt moved that the com- munication be recaiPed and filed. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Statement of Barb Martelie, on behalf of Nightengale Lane, request~g. Kr~g Bros. Ice to comply with the ~o~es dinance, presented and read. Council Member Kronfeldt moved that the Stateraent be received and filed. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas--MaYar Brady, Council Members Delch, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Barb and Charles Martelle spoke to the Council of their concerns in this area Communication of Group W Cable re- questing City CounalltotecaoPmP;~e~ the final steps necessary the transfer of the Franchise to GWC 107, Inc., presented and read. Council Member Manning moved that the com- munication be received end flied and matter referred to the City Manager and Staff. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Klueaner, Krieg, Kranfeldt, Manning, Simon. Nays--None. There being no further business, Coun- cil Member Manning moved to adjourn. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Krnnfeldt, Manning, Simon. Nays--Council Member Dalch. Meeting adjourned at 10:12 p.m. Mary A. Davis City Clerk Approved_~__~-~1986 1986 Adopted ~ Council Members ATTEST: City Clerk 367 Regular Session, OFFICIAL Regular Session, October 6, 1986. Council met at 7:30 P.M., Public Library Auditorium. Present: Mayor Brady, Cbuncil Members Deich, Kluesner, Krleg, Kronfaldt, Manning, Simon, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. LindahL Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Pastor Ted Welch of the Faith Baptist Church. PROCLAMATIONS: Oct. 31st as "Halloween Trick or Treat Night"; Week of Oct. 6-12 as "Domestic Violence Awareness Week" received by Karen Selig; October 15th as "White Cane Safety Day" received by Dorothy Brown; Oct. 5 thru 11th as "Employ the Handicapped Week"; Oct. 6 thru 12th as "Mental Health Awareness Week" received by Ann Michalski; Oct. 5 thru llth as "Minority Enterprise Develop- ment Week"; Month of October as "UNICEF MONTH IN DUBUQUE" received by Dolores Evers. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reclassify portion of property at 4300 Asbury Road from Ag to R-l, presented and read. There were no written objec- tions received and no oral objectors pre- sent at the time of the Hearing. Coun- cil Member Kluesner moved that the proof of publication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Council Member Kluesner moved to suspend the rules to let anyone present address the Council ff they so desire. Seconded by Council Member Kranfaldt. Carried by the following vote: yens--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldr, Manning, Simon. Nays--None. ORDINANCE NO. 75-86 October 6, 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- FYING HEREINAFTER DESCRIBED PROPERTY AT 4300 ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE FAMILY IESIDENTIAL DISTRICT, said Or- linance having been previously presented and read at the Council Meeting of September 15, 1986, presented for final adoption. ORDINANCE NO. 75-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 4300 ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE FAM- ILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning O~llnance and Zo~fing Map of the City of Dubuque, Iowa", to reclassify hereinafter described property fi'om "AG Agricultural District classification to "R-1 Single Fanfily Residential Dis- trict" classification, to wit: Lot 2 of Lot I of the NW ~A of the SW ~A of Section 16, and the North- erly 290 feet of Lot 1 of Lot 2 of Lot I of Lot I of the SW 'A of the SW ~A of Section 16, all in Township 89 N, Range 2 E, 5th Principle Meridian, in the City of Dubuque, Iowa. Section 2.That the foregoing amendment has heretofore been approved by the Plan~ing and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED THIS 6th day of Octo- ber, 1986. James E. Brady, Mayor 368 ATTEST: Regular Session Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of October, 1986. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reclassify property at 2775 Elm St. from R-2A Alternate Two Family Residential District to CS Commercial Service and Wholesale District, with conditions, presented and read. There were no written objectioI~s received and no oral objectors present at the time of the Hearing. Council Member Oeich moved tlmt the proof of publication be received and filed. Seconded by Council Member Kronfaidt. Cai'fled by the foliowhig vote: Yeas Mayor Brady, Council Members Deich, Kluesnet, Krieg, Kronfeidt, Manning, Simon Nays--None. ORDINANCE NO. 76-86 XN 0RI)IN ANEE OF 'rite EITY OF DUBliQUE. IOniA. PROVIDING THAT TIlE CODE OF ()RDIN.~NCES, CITY OF t)UBUQIIE, 10WA, BE AMENDED BY REVISING APPEN- D~X A THEREOF, ALSO KNO~& z~ AS TIlE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPERTY AT 2275 ELM FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITII CONDITIONS, said Ordinance having been previously presented and read at the Council Meeting of September 15, 1986, presented for final adoption. ORDINANCE NO. 76-86 AN,ORDINANCE OF TIIE CITY OF October 6, 1986 DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ~,LSO KNOWN AS THE "ZONING ORDINANCES AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 2275 ELM FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended */ revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," to reclassify hereinafter described property from R- 2A Alternate Two-Family Residenfia! District to CS Commercial Serxqce and Wimlesale Distrk:t, with conditions, t~> 6) Auto Parts/Supp¢ (17) 7) Motvrcycie Service (4t) g) Upholstery Shop (42) o 1~)) Tool, Die and pattern-Making (3g) 11) Proc~sing ,,r As~emblv (33) 12) Mial.W~rehousing (47) 13) Engine/Motor Service and Repah' (19) 14) Refrigerator Equipment and Sup- ply Sales and Service (19) 15) Landscaping Services (not includ- ing retail sales as primm'y use) (29) .16) Welding Services (29). parking 'Group - See Sec. 4-2 of the City Zen- 369 Regular Session B. The accessory uses shall be lim- ited to any use customarily inciden- tal and subordinate to the prineipal C. Signage shall be limited to the fol- lowing: 1) One (1) wall-mounted sign of not more than 100 square feet in area. 2) Directional signage of six (6) square feet per sign panel. 3) One nameplate aign of six (6) square feet. 4) Free-standing signs and off-prem- ises signs are prohihited. Section 3. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Section 4. That the Mayor and City Clerk of the City of Dubuque, Iowa simll certify m~d file this Ordinance, after its passage, with the County Recorder of Dubuque County, Iowa, and the Recto'der shall enter this instrument of record. PASSED, APPROVED and ADOPTED this 6th day of October. October 6, 1986 presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hea~ lng. Council Member Simon moved that the proof of publication be received and 'iled. Seconded by Council Member Kron~eldt. Carried by the foliowir4; vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 77-86 AN ORDINANCE VACATING THE ALLEYS NORTH OF PEARL STREET AND WEST OF MCCOR- ~tICK STREET, said Ordinance having been previously presented and read at the Council Meeting of September 15, 1986, presented for final adoption. ORDINANCE NO. 77-86 ORDINANCE VACATING THE ALLEYS NORTH OF PEARL STREET AND WEST OF MCCOI~MICE STREET WHEREAS, the University of NOW. THEREFORE, BE IT ORI)AINIgD by the City Council of 37O Regular Session ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herakt newspaper this frith day of October, 1986. Mm'y A. Davis City Clerk It 10/10 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reclassify property at 2775 Elm St. from R-2A Alternate Two Family Residential District to CS Commercial Service and Wholesale District, with conditions, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, ~ronfa]dt. Manning. Simon. Nays--None. ORDINANCE NO. 76-8g ~ ORDINANCE DE THE CITY OF DUBUQtYE, IOWA, pROVIDING TIIAT TIlE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A TI1EREOF. ALSO KN(t~;5x: AS THE '~ZON1NG ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA~' BY RECLASSL F¥ING HERELNAFTER DESCRIBED PROPERTY AT 2275 ELM FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. WITIt CONDITIONS, said Ordinance having been previously presented and read at the Council Meeting oF September 15, 1986, presented for final adoption. ORDINANCE NO. 76~8g AN.ORI)iNANCE OF File CITY October 6, 1986 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 ORDINANCES AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 2275 ELM FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended ~y revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," to reclassify hereinafter described property from R- 2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District, with conditions, to wit: Lot 2 of the Subdivision of the northerly 50 feet of Lot I of Lot I of Lot 103 in L. H. Lan~worthy's Addi- tion in the City of Dubuque, Iowa. Section 2. That the above described reclassification to CS Commercial Sex- vice and Wholesale District shall include the hereinafter described con- ditions which the property owner, Marvin P. Menders. has agreed ~n 369 Regular Session B. The accessory uses shall be bm- ited to any use customarily inciden- tal and subordinate te the principal use it serves. C. Sig~mge shall be limited to the fei- lowing: 1) One (1) walbmounted sign of not ~nore than 100 square feet in area. 2) Directional signage of six (6) square feet per sign panel. 3) One nameplate sign of six (6) square feet. 4) l~ee-standing signs and off-prem- ises signs are prohibited. Section 3. That the foregoing amendment has heretofore been approved by the Plamfing and Zoning Commission of the City of Dubuque, Section 4. That the Mayor and City Clerk of the City of Dubuque, Iowa shall certify m~d file tiffs Ordinance, after its passage, with the County Recorder of Dubuque County, Iowa, and the Recorder shall enter this instrument of record. PASSED, APPROVED and ADOPTED this 6th day of October, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 76-86 I, the undersigned, Marvin P. Mender% haviBg read the terms and conditions of the foregoing Ordinance No. 76 86 and being familiar with the October 6, 1986 presented and read. Thore were no writ- ten objections received and no oral ob- iectors present at the time of the Hear- lng. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member ~ronfeldt. Carried by the fonowing vote: Yeas--Mayor Brady, Council ~Iembers Deich, Kluesner, Krieg, Kronfeldt, Manning, Simom Nays--None. ORDINANCE NO. 77-86 AN ORDINANCE VACATING THE ALLEYS NORTH OF PEARL ~TREET AND WEST OF MCCOR- ~IICK STREET, said Ordinance having been previously presented and read at the Council Meeting of September 15, 1986, presented for final adoption. ORDINANCE NO. 77-86 ORDINANCE VACATING TIlE ALLEYS NORTH OF PEARL STREET AND WEST OF MCCORMICK STREET WHEREAS, the University of Dubuque has requested the vacating of the alleys running approxlinately 138 feet north of Pearl Street, and approxi- mately 230 feet west of McCormick Street, in the City of Dubuque, Iowa; and WHERI£AS, IIW Associates, showing the vacated alle~s and 370 Regular Session, talning their facilities. Section g. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate in a manner as pre- scribed by law. Section 4. That the conveyance of Lot A in Herbst's Subdivision in the City of Dubuque, Iowa to the Uni- versity of Dubuque be and the same hereby approved upon payment of $827.64 plus cost of platting, publica- tion and filing fees. PASSED, APPROVED AND ADOPTED this 6th day of October, 1986. James E. Brady Mayor ATTEST: Mm'y A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of October, 1986. Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Man- ning, Simon. October 6, 1986 interest of the City of Dubuque, Dubuque County, Iowa in real proper ty described as Lot A in Herbst ' s Sub- division, in the City of Dubuqwz, Dubu- que County, Iowa to the University of Dubuque be and the same is hereby ap- proved for the sum of Eight Hundred Twenty-Seven Dollars and Sixty-Four Cents ($82Z64)plus cost of publication and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby directed and authorized to deliver said deed of conveyance to the above named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubv, we County Recorder and the Dubuque County Treasurer. Passed, approved and adopted this 6th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Nays--None. Council Member Simon mo-red seep- RESOLUTION NO. 22&85 tion WHEREAS, pnrsum,t to resolution Council Member ~ron~didt, C~'rmd ~Y City of Dubuque, Iowa overruled any ty of Dubuque, Iowa in the hereinabove described re~ estate ~ the University o[ Dubuqae. NOW, THEREFORE, BE IT RESOLVED, by tbe City Council of the City ~ ~ubuqum Iowa: ~iau 1. T] a~ the d sposat of at the time of tho Hearing. Counal · Member al,non moved that th~ ?'~f ~f publication be received ann men. Seconded by Counc~ Mem~r ~uesner. , C~ried by the foEowi~ vote: Yeas~Mayor Brady, Com~ci~ Members Deich, Kluesner, Krieg, ~onfeldt, M~ning, Simon. 371 Regular Session, October 6, 1986 ORDINANCE NO. 78-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 4-1.lB AND ENACTING A NEW SECTION 4.1.lB IN LIEU THEREOF, AND REPEALING SEC- TION 4-15(3) AND ENACTING A NEW SECTION 4-1.5(3) IN LIEU THEREOF, BY CLARIFYING THE REGULATIONS FOR SATELLITE RECEIVING DISHES AND TO ALLOW ROOF-MOUNTED SATELLITE RECEIVING DISHES IN NON-RESIDENTIAL AREAS WITH CERTAIN PROVISIONS, said Or- dinance having been previously presented and read at the Council Meeting o£ September I5, 1986, presented for final adoption. ORDINANCE NO. 78-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA pROVIDING THAT THE CODE OF CEDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A TttEREOF, /xL¢0 KNOWN AS TI-IE "ZONING "B. In all other zoning districts, accessory uses shall be permitted with m' without conditions if the City Plan- ner deems the use customarily inciden- tel and subordiante to the principal use it serves. Such uses within non-resi- dential districts shall comply with the specific bulk regulations listed within the district in which it is located, except that gas and service stations shall be allowed pumps, pmnp islands and canopies in a requked front ym'd subject to site plan review, in Section 4-4 of this ordinance and satellite receiving dishes shall comply with the requirements established in Section 4- 1.5(3) of this ordinance." Section 2. That the Code of Ordi- nances of tbe City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinances and Zoning Map of the City of Dubuque, Iowa," by repealing Section 4-1.5(3) thereof and enacting a new Section 4-1.5(3) in lieu thereof, as follows: Section 4 Supplemental Provisions 4-1 Accessory Uses 4-1.5 Site Plan Approval for Certain Accessory Uses: The following acceamry uses and conditions estab- lished herein shall require site plan approval in accordance with Section 4- Section 4 Supplemen[a] Provismns Regular Session raining their facilities. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate in a manner as pre- scribed by law. Section 4. That the conveyance of Lot A in Herbst's Subdivision in the City of Dubuque, Iowa to the Uni- versity of Dubuque be and the same hereby approved upon payment of $827.64 plus cost of platting, publics- tion and filing fees. PASSED, APPROVED AND ADOPTED this 6th day of Octobe~ 1986. James E. Brady Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper tlfis 10th day of October, 1986. Mary A. Davis It 10/10 City Clerk Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfaldt, Man- ning, Simon. Nays--None. RESOLUTION NO. 224-86 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circdia- tion published in the City of Dubuque, Iowa on the 24th day of September, 1986, the City Council of the City of Dubuque, Iowa met on the 6th day of October, i986, a~ 7;30 pan. h* tl*e P'aSt~c Library Auditorium, llth and Locust Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as Lot A in Herbst's Subdivision in the City of Dubuque, Iowa to the Universi- ty of Dubuque; and ty of Dubuque, Iowa in the hereinabove described real estate to the University of Dubuque. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: October 6, 1986 the interest of the City of Dubuque, Dubuqu~ County, Iowa in real proper ty described as Lot A *n Herbst s Su - division, in the City of Dubuque, Dubu- que County, Iowa to the University of Dubuque be and the same is hereby ap- proved for the sum of Eight Hundred Twenty-Seven Dollars and Sixty-Four Cents ($82Z64) plus cost of publication and filing fees; conveyance shall be by Quit Claim Deedk Section 2. That the Mayor be authorized and directed to execute a Quit Claim Dee& and the City Ci~rk be and is hereby directed and authorized to deliver said deed of conveyance to the above named grantee upon receipt of the ~urchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubu- que County Recorder and the Dubuque County Treasurer. Passed, approved and adopted this 6th day of October, 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, Krieg, Kronfeldt, Manning, Simon. Nays--None. Proof of p,~hlir, tion. e~r tiffed to by the Publisher, on Notice of Public Hearing to amend Zoning Ordinance to clarify the regulations for Satellite Receiving Dishes and to allow Roof-Mounted Satellite Receiving Dishes in Non- Residential Areas with certain provi- siGns, presented and read. There were no written objections at the ~ime of the Hoaring. Council Member Simon moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays-None. Regular Session ORDINANCE NO. 78-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- PIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 4-1.lB AND ENACTING A NEW SECTION 4-1.lB IN LIEU THEREOF, AND REPEALING SEC- TION 4-15(3) AND ENACTING A NEW SECTION 4-1.5(3) IN LIEU THEREOF, BY CLARIFYING THE REGULATIONS FOR SATELLITE RECEIVING DISHES AND TO ALLOW ROOF-MOUNTED SATELLITE RECEIVING DISHES IN NON.RESIDENTIAL AREAS WITH CERTAIN PROVISIONS, said Or- dinance having been previously presented and read at the Council Meeting of September 15, 1986, presented for final adoption. ORDINANCE NO. 78-86 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 REPEALING SECTION 4-1.1B AND ENACTING A NEW SECTION 4-1.1B IN LIEU THEREOF, AND REPEALING SECTION 4-1.5(3) AND ENACTING A NEW SECTION 4-1.5(3) IN LIEU THEREOF, BY CLARIFYING THE REGIJLATIONS FOR SATELLITE RECEIVING DISHES AND TO ALLOW ROOF-MOUNTED SATEL- LITE DISHES IN NON-RESIDEN- TIAL AREAS WITH CERTAIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seetlon 1. That the Code of Ordi- be amended by rcwsmg Appemhx A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by repealing Sec- lion 4-1,lB thereof and enacting a new Section 4-1.lB in lieu thereof as fol- lows: Section 4 Supplementel Provisions 4-1-1 Accessory Uses Permitted: October 6, 1986 "B. In all other zoning districts, accessory uses shall be permitted with or without conditions if the City Plan- ner deems the use customarily inciden- tal and subordiante to the principal use it serves. Such uses within non-resi- dential districts shall comply with the specific bulk regulations listed within the district in which it is located, except that gas and service stations shall be allowed pumps, pump islands and canopies in a required front yard subject to site plan review, in Section 4-4 of this ordinance and satellite receiving dishes shall comply with the requirements established in Section 4- 1.5(3) of this ordinance." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinances and Zoning Map of the City of Dubuque, Iowa," by repealing Section 4-1.5(3) thereof and enacting a new Section 4-1.5(3) in lieu thereof, as follows: Section 4 Supplemental Provisions 4-1 Accessory Uses 4-1.5 Site Plan Approval for Certain Accessory Uses: The following accessm'y uses and conditions estab- ]ished herein shall require site plan approval in accordance with Section 4- 4 of this ordinance prior to their estab- lishment on the premises: "3) Satellite receiving dishes, pro- vided that: a) not more than one (1) ground- mounted dish shall be placed on any lot less than one-half (V~) acre; and b) dishes shall not exceed ten feet (10') in dimneter; and c) Dishes shall be made of non- combustible and corrosive-resistant material and erected in a secure, wind reMstant manner accordin~ to the spec- ifications Gl the building otocial; and d) Dishes shall not be used as signs or billboards (on or off-premise only be permitted in rear yards, except that on corner lots dishes shall be allowed in side yards; and f) Roof-mounted satellite dishes requirements shall apply: 1) the height does not exceed the ~naximum height restrictions of build- lixgs within the zo~fing district; and 2) the dish location is a minimum of five (5) feet from m~y property line; and ~t in lieu of a site plan a huildin~ elevation drawing shall be required ;o 372 Regular Session, indicate compliance with height and setback regulations. 4) sball not exceed either 10 feet in diameter for circular shapes or 40: square feet for other than circular shapes." Section 3. That the foregoing amendment has heretofore been approved by the Plamfing and Zoning Commission of the City of Dubuque, Iowa. PASSED, APPROVED and ADOPTED tiffs 6th day of October, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in tl~e Telegxaph Herald newspaper this 10th day of October, 1986. Mm'y A. Davis City Clerk it 10/10 Council Member Simon moved final adoption of the Ordinance. Seconded by Council Member Khiesner. Carried by the fallowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Krunfaldt, Manning, Simon. Nays--None. Communicatinn of C;ty Manager recommending to approve the request of the Dubuque Racing Assn to make im- provements to the Kennel Compound area of the l)ubnque Greyhound Park in the approximate amount of $114,730, presented and read. Council Member be received anti filed mad concurr~'d with pend2ture. Seconded by C(~uncil Member Kluesner. Cra-tied by the following vote: Yeas Mayor Brady, Council Members Deich, Kluesn(r. Krieg Kronfaldt,. Manning, Simon. Na3m--Nune. Petition of A1 Polsesc requesting te address tho Council regarding a place for retired people to meet and requesting answer on the truck traffic on Crescent Ridge and other matters, presented and read. Mr. Palsean objected to truck traf- fic on Crescent Ridge, overhanging trees and stated Clarke College should have more off-street parking. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council October 6, 1986 Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of Burke Alumatic, Inc. requesting to appeal the ruling of the Historic Preservation Commission regarding denial of a building permit for home improvements at 1051 Walnut St., presented and read. Mr. Dennis Stecklein voiced specifics of the matter. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Klansner, Ktieg, Kronfeldt, Manning, Simon. Nays--Council Member Doick. Communication of City Manager sub- mitring background material regarding this appeal and recommending Council to either uphold or overturn Commie- alon's decision regarding the use of syn- thetic material for this property, presented and read. Council Member Krieg moved that the communication be received and fried and uphold the recom- mendation of the Historic Preservation Commissinn. Seconded by Council Member Simon, Carried by the follow~ lng vote: Yeas- Mayor Brady, Council Members Kluesner, Krieg, Eronfeldt, Manning. Simon Nays Council Member l)eich nted and read Council Mrmber be received and filed and approved the execution of the Agreement. Seconded by Council Member Kro~feldt: Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Khiesner, Krieg, Kronfeidt, Manning, Simon. Nays--None. Coromunication of City Manager re- questing approval establishhig a "Stat~ [ Investment Policy", presented and read. Council Member Simon mov- ed that the communication be received and iliad. Seconded by Council Member Kluesner. Carried by the ~allowing vote: Yeas--M~yor Brady, Council 373 Regular Session, October 6, 1986 Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 225-86 APPROVING THE STATEMENT OF INVESTMENT POLICY FOR THE CITY OF DUBUQUE WHEREAS, Section 452.10 of the Cede of Iowa directs the City Treasurer to keep all public funds coming into his/her possession in a vault or safe, or in one or more depositories, or to invest public funds not currently needed for operating expenses in certain prescrib- ed securities; and WHEREAS, the said Section 452.10 further prescribes that the City Coun- cil shall implement appropriate invest- ment policies to be followed by the City Treasurer and shall periodically review the performance of the investments made by the City Treasurer; and WHEREAS, a Statement of Invest- ment Policy has been prepared to pro- mote the prudent use of public funds to contribute to the economic stability of the City and to enhance the credibility of its financial management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tge Statement o fin- vestment Policy for the City of Dubu- que, Iowa~ is approved, Section 2. That the City Treasurer be and is hereby directed to adhere to the follou,frlg reporting requirements: (al monthly reports to the City tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager re- questing approval of the Serious Traf- !lc Offender Program (STOP) Contract and authorize the Mayor to execute Con- tract, presented and read. Council Member Simon moved that the com- munication be received and filed and ap- proved the Contract. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesner, Krieg, Kronfeldt, Simon. Nays--Council Members Deich, Manning. Communication of City Manager ap- proving voluntary annexation of 5.3 acres located at the northwest corner of the interstate of Highways 61/151 and 52, presented and read. Council Member Kronfeldt moved that the communica- ~inn be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronietdt, Manning, Simon. Nays--None. RESOLUTION NO. 226.,86 A RESOLUTION ANNEXING LOT 10E LOT 1 OF LOT 1 OF KEY GATE CENTER AND LOT 1 0F LOT 2 OF LOT I AND LOT 2 OF f,OT 2 of LOT 1 OF KE'~ GATE CENTER Ti) TIlE (ITY OF D/ BI[iIIJE, Ii)WA 374 Regular Session, ,ctober 6, 1986 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN~ CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate to wit: Lot I of Lot I of Lot i of Key Gate Center and Lot 1 of Lot 2 of Lot i and Lot 2 of Lot 2 of Lot I of Key Gate Center in Table Mound Township, Dubuque County, Iowa, provided that it is intended that no portion of any public road right.of-way shall hereby be annexed. The property to be annexed is shown on the attached map marked Exhibit "A ". Section 2. That the territory hereby annexed shall become a party of the First Ward, 13th Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk be and she is hereby authorized and directed to submit a certified copy of this Resolw l~o~, along with the attached map, to the State Department of T~nsporteiior, the County Recorder, the Secretary of State and the City Development Board in ac- cordance with provisions of Chapter 368 of the Code of Iowa. Passed, approved and adopted this 6th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khieaner moved adoption of the Reeeiutian. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kranfaldt, Manning, Simon. Nays--None. Communication of City M~aage~ sub- nutting five Ordinances updating the Ci- ty Traffic Code, presented and read. Council Member Kranfeldt moved that the communication be received and fil- ed. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueener, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 79-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY DELETING CERTAIN AREAS 1N THE TWO HOUR TIME ZONES DESIGNATED IN SUBSECTION (c) IN SECTION 25-257 THEREOF AND kDDING CERTAIN AREAS IN THE WO HOUR TIME ZONE DESIGNATED IN sUBSECTION (c) IN SECTION 25-257 IN LIEU THEREOF PROVIDING FOR TWO HOURS PARKING ON CERTAIN STREETS IN THE CITY, presented and read. Council Member Kronfaldt moved that this be considered the first reading ~he Ordinance, and that the require- e be con- . and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and ~urther moved final adoption of the Ordinance. Seconded by Council Member Klueaner. Cmrled by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 79-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING CERTAIN AREAS IN THE TWO HOUR TIME ZONES DESIGNATED IN SUBSECTION (c) IN SECTION 25-257 THEREOF ADDING CERTAIN AREAS IN THE TWO HOUR TIME ZONE DESIGNATED IN sUBSECTION IN sECTION 25-257 IN LIEU THEREOF PROVIDING FOR TWO HOUR pARKING ON CERTAIN STREETS IN THE CITY THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Set,on 1. That the Code of Ordi- (c) Time zones designated. ~wo Ho~ ,Ti~e Zo~?s 375 Regular Session, October 6, 1986 Sixteenth Street, East, south side, from Maple Street to Sycamore Street. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by adding the following areas in Subsection (c) in Section 25- 257 thereof as follows; Sec. 25-257. prohibited on desig- natod streets or portions thereof. (c) Time zones designated. Two Hour Thne Zones Ninth Street, East, north side, from White Street to Jackson Street. Twelfth Street, East, both sides, from White Street to the alley west ,of Jackson Street; south side, from JacK- son Street to the alley east of White Street. Sixteenth Street, East, both sides, from Pine Street to Maple Street; south side, from Cedar Street to Syca- more Street. passed, approved and adopted this 6th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspapm' this 13th day of October, 1986. Mary A. Davis City Clerk ORDINANCE NO. 80-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY DELETING CERTAIN AREAS IN THE "NO PARKING AT ANY TIME" ZONE DESIGNATED IN SUBSEC- TION (d) IN SECTION 25-257 THEREOF AND ADDING CERTAIN AREAS IN THE "NO PARKING AT ANY TIME" ZONE DESIGNATED IN SUBSECTION (d) IN SECTION 25457 IN LIEU THEREOF PROVIDING FOR NO PARKING AT ANY TIME ON CERTAIN STREETS AND POR- TIONS OF STREETS IN THE CITY, presented and read. Council Members l<ronfeldt nmved that this he considered the first reading of the Ordinm~ce, and that the requirement that a proposed Or- dinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adapted be suspended and further mov- ed final adoption of the Ordinance. Seconded by Council Member Kinesner. Carried by the following vote: ORDINANCE NO. 80-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING CERTAIN AREAS IN THE "NO pARKING AT ANY TIME" ZONE DESIGNATED IN SUBSECTION (d) IN SECTION 257 THEREOF AND ADDING CER- TAIN AREAS IN THE "NO PARK- ING AT ANY TIME" ZONE DESIGNATED IN SUBSECTION (d) IN SECTION 25-257 IN LIEU THEREOF pROVIDING FOR NO PARKING AT ANY TIME ON CER- TAIN STREETS AND PORTIONS OF STREETS IN THE CITY NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Oedi- nances of the City of Dubuque, Iowa, be amended by delethig the following Subsection (d) of Section 25- 2~57 thereof as follows: "Sec. 25-257. Prohibited on desig- nated streets or portions thereof. (d) No parking at any time zones designated. Ninth Street, west, both sides, from U~fiversity Avenue to Binff Street and from Iowa Street to Central Avenue; north side, from Bluff Street to Locust Street to Msin Street. Twelfth Street, East, north side, from Central Avenue to Elm Street. Fourteenth Street, East, both sides, from Wbite Street to Central Avenue; north side, from Jackson Street to White Street. Sixteenth Street, East, both sides, from Sycamore Street to Kerper Bou- Asbury Road. Hillcrest Road, south side, from Asbury Road to Avalon Road and 376 Regular Session, October 6, 1986 Wacker Drive, both sides, from F. Kennedy Road to Dodge Street." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be emended by ~dding the following areas in Subsection (d) in Section 25- 257 thereof as follows: "Sec. 25-257. Protfibitod on designated streets or portions thereof. (d) No parking at any time zones designated. Ninth Street, West, both sides, from University Avenue to Bluff Street; north side, from Bluff Street to Locust and Iowa Street to lqre Headquarter driveway; south side, from Locust Street to alley east of Locust Street and from Msin Street to the alley west of Iowa Street and Iowa Street to Central Avenue. Twelfth Street, East, south side, from Jackson Street to Elm Street. Fourteentq Street, East, both sides, from V~Ate Street to Central Avenue; north side, from White Street to alley west of Jackson Street. Sixteenth Street, East, both sides, from Sycamore Street to Kerper Bom levard and from Cedar Street to Maple Street; north side, from Elm Street to pine Street and from Maple Street to Sycamore Street. Clarke Drive, north side, from Heeb Street to Harold Street, and on the north side from Ungs Street to the north property line of 1799 Clarke Drive, and on the north side from St. Ambrose Street to Asbury Road; south side, from North Grandvlew Avenue to West Locust Street. Fromett Street, north side, from Bluff Street to St. Mary's ~tree~. Foothill Road, south side, from John F. Kennedy Road to Pasadena Drive. Hiffcrest Road, south side, from Asbury Road to Avalon Road and fi-om John F. Kennedy Road to St. John Drive; north side, frmn John F. Kennedy Road to a point 950 feet west. Hillcrest Road. North, both sides~ fi'om John F. Kennedy Road to Pasa- dena Drive. Iowa Street, west side, from First Street to a point seventy feet south of Second Street; east side, f~om Fourth Street to Tenth Street. Main Street, west side, from West Fourth Street to West ~qfth Stree . Sycamore Street, both sides, from Fourteenth Street to Sixteenth Wacker Drive, both sides, from gohn Kennedy Road to Center Grove Drive." passed, approved and adopted this 6th day of October, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this lgth day of October, 1986. Mary A. Davis City Clm'k ORDINANCE NO. 81-86 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- TING A NEW SUBSECTION (e) TO SECTION 25-257 THEREOF PRO- VIDING FOR FIFTEEN MINUTE PARKING ZONES ON PORTIONS OF FIFTH STREET AND RHOMBERG AVENUE, presented and read. Council Member Kranfeldt moved that this be considered the first reading of the Or- dinance, and that the requirement that a proposed Ordhianee be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted by suspended and further moved ffual adoption of tho Ordinance. Seconded by Council Member Kluesner. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Khieaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 81-86 ~'~N ~RDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SUBSECTION (e) TO SECTION 25-257 THEREOF PROVIDING FOR FIFTEEN MIN- UTE PARKING ZONES ON pOR- TIONS OF FIFTH STREET AND RHOMBERG AVENUE NOW THEREFORE, BE IT oRDACNED ~Y T~E CITY COIJN~ CIL OF THE CiT-i uv D~UQU~, IOWA: Section 1. That the Code of Ordi- nances of file City of Dubuque, Ioyva be amended by enacting a new Sub- section (e) to Section 25-257 the?of as follows: '~Sec. 25-257, prohibited on desig- nated streets or portions thereof, (e) Wkcn sigil~ ~r~, erected 377 Regular Session, October 6, 1986 notice thereof, no person shall park a vehicle bra period of time longer than fifteen (15) minutes upon the streets or parts of streets as follows: Fifth Street, West, north side, from Bluff Street to a point eighty-five feet east of Bluff Street. Rhomberg Avenne, east side, from Kniest Street to a point one hundred sixty-eight feet south of Marshall Street." passed, approved and adopted this 6th day of October, 1986. Jmnes E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Publisi~ed officially in the Teleba'aph Herald newspaper this 13th day of October, 1986. Mary A. Davis City Clerk it 10/13 ORDINANCE NO. 82-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY ENAC- TING A NEW SUBSECTION (f) TO SECTION 25-257 THEREOF PRO- VIDING FOR NO PARKING FROM 6:00 A.M. TO 6:00 P.M., MONDAY THROUGH SATURDAY, EXCEPT HOLIDAYS, ON PORTIONS OF NINTH STREET AND MAIN STREET, presented and read. Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered 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 Kbm~ner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Kronfeldt, Mannfug, Simon. Nays--None. ORDINANCE NO 82-86 AN ORDINANCE AMENDING THE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- aances of the City of Dubuque, Iowa, be amended by enacting a new Sub- section (f) to Section 25-257 thereof as follows: "See. 25-257. Prohibited or desig- nated str.e, ets or po. rtions th. creel. * (f) When signs are erected giving notice thereof, no person shall park a vebicle between the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, except holidays, upon the following streets or parts of streets: Ninth Street, south side, Main Street, west to the alley. Main Street, west side, Ninth Street to Tenth Street, passed, approved and adopted ttds 6th day of October, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this lgth day of October, 1986. Mary A. Davis City Clerk ORDINANCE NO. 83-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE C1- TY OF DUBUQUE, IOWA, BY DELETING CERTAIN AREAS IN METER DISTRICTS A, B ~ C IN SECTION 25-326 THEREOE AND ADDING CERTAIN AREAS IN PARKING METER DISTRICTS A, B AND C IN SECTION 25-326 IN LIEU THEREOF PROVIDING FOR THE PLACEMENT OF CERTAIN PARK- ERS IN ONE, ~'O Oi{ T~i< HOUR PARKING DISTRICTS, presented and read. Council Member [~-onfeldt moved that tiffs be considered the first reading of the Ordinance, and that the requirement that a proposed Or- dfuance be considered and voted on for passage at two council meetings prior to Seconded by Council Member Kluesner. Members Deich, Kfuesner, Krieg, Kronfeldt, Manning, Simon. 378 Regular Session, October 6, 1986 ORDINANCE NO. 83-86 AN ORDINANCE AMENDING THE CODE OF ORDIANANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING CERTAIN AREAS IN PARKING METER DISTRICTS A, B AND C IN SECTION 25-326 THEREOF AND ADDING CER- TAIN AREAS IN pARKING METER DISTRICTS A, B AND C IN SECTION 25-326 IN LIEU THEREOF pROVIDING FOR THE PLACEMENT OF CERTAIN pARK- ING METERS IN ONE, TWO OR TEN HOUR PARKING METER DISTRICTS 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 deleting certain areas in parking Meter Districts A, B and C in Section 25-326 thereof as follows: Sec. 25-326. Districts. Parking Meter District A Eighth Avenue, south side, between Locust and Bluff Streets. Eighth Avenue, south side, from White Street east for a distance of sixty-six (66) feet. Bluff Street, west side, between Seventh and Locust Streets. parking Meter District B Fourth Street, south side, between Central Avenue and Locust Street. Fourth Street, both sides, between White Street and Central Avenue. Fifth Street, south side, between Central Avenue and Locust Streets. Eighth Street, south side, from Bluff Street west for a distance of approxt mutely three hunch'ed (g00) feet. Bluff Street, east side, between Fifth and Sixth StreetS. Iowa Street, west side, between Fourth and Tenth StreetS. Main Street, both sides, between Fom~h and Fifth Streets. parking Meter District C Ninth Street, south side, between and the alley west of Iowa. Bluff Street, east side, from Sixth Street south approximately seventy (70) feet. Bluff Street, west side, between Seventh m~d Ninth Streets. parking Meter District B Fourth Street, south side, between 1Nhit e and Locust StreetS. Eighth Street, south side, fi. om Bluff Stseet west for a distance of approxi- mately one hundred seventy (170) feet. Bluff Street, east side, from Fifth Street north approxinmtely eighty-five (85) feet. Iowa Street, west side, between Sixth and Tenth Streets. Main Street, east side, between Fourth and Fifth Streets. Parking Meter District C Eighth Street, south side, from a one hundred seventy (170) feet westerly of Bluff Street to University Iowa Street, west side, from Fourth Street to Sixth Street. Passed, approved and adopted this 6th day of October, 1986. James E. Brady, Mayor AT'lEST: Mary A. Davis, City Clerk officially in the Telegraph Herald newspaper this 13th day of October, 1986. Mary A. Davis City ~erk it 10/13 Communication of City Manager sub- mitring Ordinance ~o clarify Class "E" Liquor Control Licenses, presented and read. Council Member Kronfaldt moved that the communication be received and iiled. Seconded by Council Member Kfueaner. Carried by tho following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, , Manning, Simon. Nays--None. ORDINANCE NO. 84-26 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (h) OF SECTION 5-29 THEREOF AND ENACTING NEW UNNUMBERED PARAGRAPHS TO SECTIONS 5-4 AND 5-7 AND A NEW SUBSECTION (b) q~O SECTION 5-29 IN LIEU I THE~EOF PRESCRIBING ERRS, ~ SUNDAY SALES AND THE AGE OF Regular Session, October 6, 1986 PERSONS WHO MAY HANDLE OR SELL ALCOHOLIC LIQUORS OF A HOLDER OF A CLASS "E" LIQUOR CONTROL LICENSE, presented and ead. Council Member Kronfeldt moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance be con- sidered 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 Khiasner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ORDINANCE NO. 84-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (h) OF SECTION 5-29 THEREOF AND unnumbered pm. agraph to Section 5-7 thereof as follows: ~Sec. 5.7.,Persons,under lc,gal age. · The holder of a Class "E" liquor control license shall not employ or use who are under the age of six- teen (16) years to handle or sell alco- holic liquor." Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Subsection (h) of Section 5-29 thereof and enact- ing a new Subsection (h) of Section 5- 29 in lieu thereof as follows: "Sec. 5-2~. Fees an, d surcha, r gee. * (h) For a Class "E' liquor control license the annual fee shall be based upon the squm'e footage of the licensed follows: less than 1,500 square feet $2,500.00 1,500 - 2,000 square feet $3,560.00 2,001 - 5,000 square feet $5,000.00 over 5,000 square feet $7,500.00" Passed, approved and adopted this 6th day of October, 1986. James E. Brady, Mayor ENACTING NEW UNNUMBERED ATTEST: · S Mary A. Davis, City Clerk PARAGRAPHS TO SECqlON 5-4 AND 5-7 AND A NEW SUBSEC- Published officially in the Telegraph TION (h) TO SECTION 5-29 IN Herald newspaper this 13th day of LIEU THEREOF PRESCRIBING October, 1986. FEES, SUNDAY SALES AND THE AGE OF PERSONS WHO MAY HANDLE OR SELL ALCOHOLIC LIQUORS OF A HOLDER OF A CLASS "E" LIQUOR cONTROL LICENSE 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 el Dubuqcte, be amended by enacting a new unnumbered paragraph to Section 5-4 thereof as follows: "See. 5-4. Sunday Sales. The holder of a Class "E" liquor control license may sell alcoho/i~ liquor for comsumption off the premmes on Mary A. Davis City Clerk Communication of City Manager sub- mitting Ordinance to change the name of Tschiggfrie Drive to McDonald Drive, and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Deich, Khiesner, Krieg, Kronfeldt, Manning, Simon. Nays- -Mayor Brady. ORDINANCE NO. 85-86 AN ORDINANCE CHANGING THE ~ TSCHIGGFRIE DRIVE TO ~LD DRIVE. IN THE PLATS OF LOTS 1, 2, 3, 4 AND 5 OF BLOCK i "TSCHIGGFRIE COMMERCIAL" IN THE CITY OF DUBUQUE, IOWA, presented and read. Council Member Khiesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Or- dinance be considered and voted on for e at two council meeth~gs prior to the meeting at which it is to be finally adopted be suspended m~d further 380 379 Regular Session, October 6, 1986 moved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the following vote: Yeas--Council Members Deich, Klueaner, Krieg, Kronfaldt, Manning, Simon. Nays--Mayor Brady. ORDINANCE NO. 85-86 AN ORDINANCE CHANGING THE NAME OF TSCHIGGFRIE DRIVE TO MCDONALD DRIVE, IN THE PLAT OF LOTS 1, 2, 3, 4 AND 5 OF BLOCK I ,,TSCHIGGFRIE COM- MERCIAL" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there appears in the records of the Dubuque County Recorder a plat of Lots 1, 2, 3, 4, and ,5, of Block i of "Tschiggfl'ie Commercial in the City of Dubuque, Iowa recorded as Instsument No. 8576-85 therein; and WHEREAS, said plat of Lots 1, 2, 3, 4 and 5 of Block I of "Tschiggfrie Commeraial" has platted, named and dedicated to the public a street known as Tscbiggfrle Drive; and WHEREAS, said platted Tsciffggfrie Drive has herein been requested by the adjoining property owner to be ren- amed McDonald Drive; and WHEREAS, Section 409.17 of the Code of Iowa, 1985, provides that the City Council may, by Ordinance, cause the name of a platted street to be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY cOUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plattted stseel known as "Tschiggfrie Drive" con- tained witbin the final plat of Lots 1, 2, 3, 4 and 5 of Block I of "Tsciffggt¥1e Commercial" in the City of Dubuque, Iowa, and recorded as Instrument No. 8576-85 in the record of plats in the office of the Dubuque County Recorder stroll hereinafter be named and known as McDonald Drive. Section 2. That the Mayor and City Clerk of the City of Dubuque, Iowa, shall certify and file this Ordinance, after its passage, with thc County Recorder, City and County Assessor and County Auditor of Dubuque County, Iowa, and the Auditor shall make the proper changes on the plats found in the office of the Auditor and thc Recorder shall enter the instru- ment of record and make reference on the margin of the original plat or upon a reference sheet or page attached to tlie original plat for that pm'pose. PASSED, APROVED and ADOPTED tiffs 6th day of October, 1986. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Heralil newspaper this 13th day of October, 1986. Mary A. Davis City Clerk It 10/13 verbal request from Council Member Deich requesting $500 for support of the Iowa League of Municipalities to main- taka an information room at the National League of Cities meeting at San Antenio on November 29th to December 3rd. Council Member Dalch moved to re- quisite $500 to appropriate parties for n of State of Iowa to Na- tionai League of Cities convention. Seconded by Council Member Manning. Mayor Brady moved to amend the mo- tion to set the amount of money at $300 with an additional $200 authorized if matched with other local resources. Seconded by Council Member Kluesuer. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Manning. Nays--Council Members Krieg, ~ronfaldt, Simon. Communication of Corporation Counsel requesting a committee of Council Members to meet quarterly with him and the City Manager to evaluate i select number of cases regarding pen- ding litigation, presented and read. Council Member Kronfeldt moved that the communication be received and fil- ed and that Mayor Brady, Council Members Deich and Simon make up the committee with Council Member Klueaner as the alternate. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Membersa Deich, Kluesner, Krleg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 227-86 BE IT RESOLVED by the City Court- cil of the City of Dubuque, ~owa, 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. Robert Spiegelhalter 246~ Washington St. Club House Gene Kopp Rainbo Oil Company KWIK Stop Food Matt Regular Session, October 6, 1986 l~4~on of the Resolution. Seconded by Council Member Simon. Corned by the ~25~ Kerper Blvd. following vote: ~204 CentralAve. Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- 40~5 Dodge St. ning, Simon. 336 Main St, Nays--Council Member Kronfaldt. Happy Hour 55 Locust St. RESOLUTION NO. 229-86 Passed, adopted and approved this WHEREAS, Applications for Liquor 6th day of October, 1986. have been submitted to this James E. Brady Council for approval and the same have Mayor been examined and approved; and ATTEST: WHEREAS, The premises to be o.c- Mary A. Davis anpled by such applicants were m- City Clerk spected and found to comply with the Council Member Deich moved adop- State Law and all City Ordinances rele- tion of the Reeolution. Seconded by vant thereto and they have filed proper Council Member Sin~on. Carried by the bonds; following vote: NOW, THEREFORE BE IT Yeas--Mayor Brady, Council RESOLVED by the City Councilor the Members Deich, Kinesner, Krieg, Man- City of Dubuque, Iowa, that the ning, Simon. Manager be authorized to cause to be Nays--Council Member Kranfeldt. issued to the following named appll- RESOLUTION NO. 228-86 cant(s) a Liquor License. WHEREAS, Applications for Beer CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Permits have been submitted and filed Anthony A. & Bette O, Helling 701 Dodge St. to tide Council for approval and the Dodge House Motel & Restaurant same have been examined and appcov- CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE ed; and Judith M. Sandidge 1301 Rhomberg Ave. WHEREAS, The premises to be o.c- The Pump 1641 Asbury ltd. anpied by such applicants were ~n- Eugene L. Kopp spected and found to comply with the Gene's (Also Sunday Sales) Ordinances of this City and have filed Admiral's Hi-Hat West, Inc. 253 Main St. Admiral's Hi-Hat West (Also Sunday Sales) proper bond; Robert P. Spiegelhalter 2364 Washington NOW, THEREFORE BE IT Clubhouse (Sunday Sales Only) RESOLVED by the City Council of the Angela M,ngena ~401 Elm St. Hard Times Tavern (Also Sunday Sales) City of Dubuque, Iowa, that the Passed, adopted and approved this Manager be authorized to cause to be 6th day of October, 1986. issued to the following named applicants Jmnes E. Brady a Beer Permit. Mayor CLASS "B" BEER pERMIT ATTEST: T,I. Investments, Inc. 1575 J.F. Kennedy (Also Sunday Sales) Mary A. Davis Godfather's Pizza City Clerk Council Member Deich moved adop- CLASS "C" BEER PERMIT tion of the Resolution. Seconded by Robert J, Brietbach 51 West 32nd St. Oky Doky #9 (Also Sunday Sales) Council Member Simon. Carried by the Kopples Market, Inc. 1098 University Ave. following vote: Kopple's Market (Also Sunday Sales) Yeas--Mayor Brady, Council Transport Sales Co. 1075 Dodge St. KWIK STOP FOOD MART (Also Sunday Sales) Members Deich, Kluesner, Krieg, Man- Passed, adopted and approved this ning, Simon. 6th day of October, 1986. Nays--Council Member Kronfeldt. James E. Brady Communication of Building Services Mayor Manager Dave Shurts regarding the Li- ATTEST: quor License application of Angelo Mary A. Davis Mangeno, presented and read. Council City Clerk Member Deich moved that the cpm- Council Member Deich moved adop- mudication be received and filed. 382 Regular Session, October 6, 1986 Seconded by Council Member Simon. Carried by tim following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Man- ning, Simon. Nays--Council Member Kranfeldt. Printed Council Proceedings for the month of May, 1986, presented for ap- proval. Council Member Simon moved to approve as printed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Counc'd Member Deich, Kinesner, Ktieg, Kranfeldt, Man- ning, Simon. Nays--None. MINUTES SUBMITTED: Airport Comm. of 9-9; Cable Community Telepcogramming of 9-2; Cable TV Regulatory Comm. of 9-10; Electxical Examining Bd. of 9-9; Board of Trustees for Fire & Police Retirement Systems ~ 9-18; Five Flags Comm. Preservations Comm. of 9-9 & 9-23; Housing Code Review Committee of 9-17; Human Rights Comm. of 9-9; park & Recreation Comm. of 9-2 & 9-23; Public Library of 8-19 and 9-16; Tran- sit Trustee Bd. of 9-11, presented and read. Council Member Simon moved that the minutes be received and filed. Seconded by Council Member Kluasner. Carried by the following vote: Yeas--Mayur Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None- Communication of Dubuque Fedara- tion of Labor submitting copies of Resolutions adopted at the Convention regarding the Local Option Tax, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, l~'onfcidt, Meuming, Nays--None. Communication of Operation: New View expressing appreciation for FY 1986 commitment from the City, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Court- cil member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. REFUNDS REQUESTED: Nativity Church, $225 on unexpired Class "B" Beer permit; St. Calumbkille's Church $225 on unexpired Class "B" Beer per- mit; Joseph Erschen, $75 on unexpired cigarette License; Charles Schrodt, $75 unexpired Cigarette License, and read. Council Member that the refunds be ap- and Finance Director to issue the checks. Seconded by Council Kluasnar. Carded by the follow- voto: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Iowa DOT advising of their reviewing the programming of state and federal funds available for maintenance, repair and rebuilding the state roads and bridges and requesting comments about needs in the area, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kfuesner, Krieg, Krunfeldt, Manning, Simon. Nays--None. Communication of City Manager pro- riding annual financial and loss analysis Workers' Comport- Self-Insuranas Plan as of June 30, presented and read. Council Member Simon moved that the com- munication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Communication of Michael Toskey, Manager of Target Stores, re- a stop algu at the corner of Grove and Wacker Drive, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady. Council Members Deieh, Kluesner, Krieg, Kronfekrtt, Mmming, Shnon. Regular Sessio.______~n, October 6, 1986 Mary A. Davis City Clerk It 10/10 Communication of Dubuque County Conservation Society requesting sup- port for an Erosion Control Ordinance, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Mmming, Simon. Nays--None. NOTICES OF CLAIMS AND SUITS: Dale Dorasaler, in amt. of $350 for backed-up sewer damages; David Goetzinger, in amt. of $520 for backe.d- up sewer damages; Lloyd Pluemer, m amt. of $300.17 for backed-up sewer damages; Mike Pluemer, in amt. of $720 for backed-up sewer damages; William Frey, in amount of $253.99 for backed- up sewer damages; Tom & Roaie Fransen, in amt. of $250 for backed-up sewer damages; John Livingstone, in amt. of $3575 for backed-up sewer damages; Charles Ellis in unknown amt. for backed-up sewer damages; Bernard and Caroline Bedtka, in est. amt. of ;551.20 for car damages; Dee Duffle in unknown amt. for personalinjudes; Dick Howell in amt. of $73.10 for personal in- iuries; James Kemp in amt. of $747.07 for property damages; Joseph J. Bitter, Attorney for Harry Maglaris, in est. amt. of $100,000 for false imprisonment, etc.; Kevin Mccarty in amt. of $242.55 for personal losses; Carol Paul, in amt. of $168.03 for car damages; Oino Quiilci, in unknown amt. for false arrest, etc.; VI erie Rooney, in amt. of $89.61 for per- ~onal injuries; Mae Zoller, ~n amt of 8109 for personalinjuries; Iowa DOT ad- vising of condemnation of certain rights for the improvement of Primary Road No. U.S. 61; Donald RemakeI. in arnt of $130 for backed-up sewer damages; Erwin Vierkant, in amt. of $150 for pro- ~erty damages; Kendall Day in amt. of $728 for property damages; Cindy Duve, in amt of $4300 for backed-up sewer amnages; Dave and Judy Link, in ear~[ of $1,124 for backed-up sewer damages, presented and read. Council Member Simon moved that the claims and suits be referred to the Legal Staff for in- vestigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Nays--None. ORDINANCE NO. 86-86 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI- TY OF DUBUQUE, IOWA, BY AD- DING CENTER GROVE DRIVE TO SUBSECTION (b) OF SECTION 25-210 THEREOF PROVIDING FOR THE DESIGNATION OF A STOP SIGN AT THE INTERSECTION OF CENTER GROVE DRIVE AND WACKER DRIVE, presented and read. Council Member Kronfeldt 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 mmoved final adoption of the Ordinance. Seconded by Council Member Simon. Carried by the follow- ing vote: Yeas--Mayur Brady, Council Members Deich, Kineaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. ORDINANCE NO. 86-86 AN ORDI,NANCE AMENDING THE CODE O~ ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING CENTER GROVE DRIVE TO SUBSECTION (b) OF SECTION 25-210 THEREOF PROVIDING FOR THE DESIsNATION OF A STOP SIGN AT THE INTERSECTION OF CENTER GROVE DRIVE AND WACKER DRIVE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- (b) Mm'y A~ ])avis, City Clerk 384 383 Regular Session, October 6, 1986 Yeas--Mayor Brady, Council Members Deich, Kineaner, Krieg, Kranf~ldt, Manning, Simon. Nays--None. TRE FOLLOWING CLAIMS ARE FOg CAR DAMAGES RECEIVED WHEN DRIVING THROUGH TAR ON UNIVERSITY AVE.: American Tr~st & SaVings Bank, L~ ~t. of $35.36; Bi~d B~ey Core Baumg~mer, in ~t. o~ $25.00; ~J. Ber~ n~. in ~t~ ~t of $75.00; Wm. Bunds, i~t~ of $49.92; Pat~ck Cof~; in' ~t.' of $0~.~ ~ene D~l~ey~ ~ ~t. of $32.24; S~ Dr~sler ~ ~t of $~ 0 , C~& E~t, ~ ~t. o~$~4.64; M~g~ CI~- Ginver in ~'$1b;55; De'er $22.88; ~H~n~ ~t. o~$2~96; JoA~ ~mstad, in ~. of $27.04; Sheen Huss, in ~t. of $18.72; ~o~ ~ucchcrogt, in ~. M $64.48;. ~rt Juergens, in ~r. of $24.00; Wayne K~e, ~ ~v. of $30.00; Joseph K~e in ~. o~ $~0.40; B~b Rootz in ~. u~o~; Bob Karksieck, in ~. et $27.04; H~ Klo~z, in ~. of $100; Kathl~n Kueter, in ~t. of $35.31; Marg~et Kuhl in ~t. of $15.60; S~- dy Lengkamp in amt. of $15.60; Dorothy Lee, in ~t. of $24.96; Mrs. Ni~ Leper, ~ ~t. of $10; K~en Lucy, ~ ~t. of $41.60; Thomas M~on~d, ~t. oi $50.94; Robert Mentzer, ~ ~t. of $19.74; Shirley Meschar, in ~t. of $26.00; C~lton Mettffie, in amt. $3L20; C~ol Mayer, in amt. o~ $18.72; Mid-Continent Bottlers, in amt. o~ $1480.76; J~es Norton, in ~t. of $14.56; La,once Pines, ~ am~. of $15.60; Helen potluck, ~ ~t. of $19.76; Ernst Qande, ~ ~t. of $26; Pat ~ag~s, ~ ~t. o~ $32.24; P~P ~s, ~ ~o~t of $23; M~g~et E~zo ~ ~t. of $15.60; D~loen Schl~m~, in ~. of $6.54; Thomas Sc~ueter, in ~t. o~ $33.30; of $19.76; Carolyn Walker, in amt. of $31.84; Albert Weber, in amt. of $24.96; Philip Weiss, in amt. of $15.60; Kevin Wheaten, in amt. of $47; Robert Wild~ in amt. of $35.31; Pat yeldon, in amt. of $17.48; Joseph Zuoearo, in amt. of ~ao 76' Randy Schroedar, in amt. of $26; Phyllis L~ppstOCa, In ,apr, . of $15; Gerald Adams in tae am~. $i6.64~ GragarY Ekdal.~, i~tho amt. ox $26~00, presented and rea& Couu~i~'M~aber Simon,moved that l Staff. ~6r in'~e$tigati°~ and:report: S~con~Ied ~ council Member Kluepner. Carried ~ the followin8 vot~.. yens~Mayor BradYi- C~ouncil Members D~ich, Klueane~, Krfgg, ]~onfek~t~ Menning, Simon. ' Nays_None, . Communication og C~rpotatinn' CoRnset zeeammefldin~ eatflemente' ag ~ clalx~ of Tom andRoale ~ in ~he amt. of!$585.247 Sewer elnim, o/Gre~ an& J ane~Luchs- ingeri in the. amt. of $675; S~wer back- up chum 'of Gseg, a~d Jar~ Lucin~e~, . in tho en~: of $876; Sewer back-np,elalm Sewer back. upclaun o~Terry tmeo in the amt. o~ $275, presented end read. Council Membe~ S~mon me,ed,that the comraunicatlons he received and filed and settlements approved and Finance Director to issue the proper checks. Seconded by Council Member Kluesnar. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Klueaner, Kriag, Kronfeldt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending denial/eloeure of property damage claims of Sharon Braem, property damage claim of Malneke Discount Mufflers; Property damage claim of Vickl Mialke; Water damage claim of John J. Rollng; Sower back-up claims of Behr Farm and City Distributing Co.; Sewer back-up claim of Ronald and Ann Burds; Sewer back- up claim of Nilus Dalsing; Sewer back- up claim of Stanley Kueter; Water damage claim of Edgar and Virginia M assey: Sewer back-up elalm of Wesley Siebe; Water damage clmm of ~ Wilsan, oresented aaa ~ead. mmbcation be r~,ceived and filed mxd ~p- Regular Session, October 6, 1986 danials/closures. Seconded by Council Member Kluesner. Carried by the follow- lng vote: Yeas~Mayor Brady, Council Members De/ch, Ktueaner, Kriag, ~ronfeldt, Manning, Simon. Nays~None. Coromunication of Plarm~g an~Zon~ ing Commission approving~inal~mt Subd..Of Lo,t,3, Block ~ of ' Tschiggfrie Commercial , lo.ted North of Tschi~ g~rio Drive end U:S. Highway 20, presented ~nd read. Council Mem~,ber Simon moved Vhat ths communicahan be r~Ceived ~nd4Jled' Seconded by Coun- cil Member Ktuesner..Carried by the following Yeas--Mayor Brady, Council Members Ddich, Kinesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 230-86 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 3, BLOCK 1 OF TSCHIGGFRIE COMMERCIAL IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat of the subdivi- sion of Lot 3, Block 1 of "Tschiggfrie Commercial" in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City planning and Zan- lng Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that the proposed Lot 2 of sub. of Lot 3 of Block 1 of "Tschiggfrie Commercial', does not have public street frontage; ann WHEREAS, said final plat has been approved by the City Planning and Zon- ing Commission on the conditinn that the proposed Lot 2 of sub. of Lot 3 of Block 1 of "Tsch~ggfrie Coamaerdal" be developable only in conjunction with Lot 1 and Lot 2 of Block I of "Tschiggfrie Commercial"; and WHEREAS, said final plat has been examined by the City Canncil and they find that the same conforms to the statutes and ordinances relating theretO, except that the proposed Lot 2 of sub. of Lot 3 of Block 1 of "Tscniggfrie Com- mercial" does not have pnblic street frontage; and WHEREAS, the City Council concurs Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the subdivision of Lot 3, Block i of "Tschig- gfrie Commercial" in the City of Dubu- que, Iowa be and the same is hereby ap- .proved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubu- que, Iowa upon said final plat, provid~ hat the owner of said property shall tached o~nowledging and agreeing: a) That Lot 2of sub, o fLat 3 of B~ck I of "Tsch~ggfrie Comm. ercz~l~,~ developable only in conjunctwn wttn ~ot i and Lot 2 of Block 1 of "Tschiggfrie Commercial". Section 2. That in the event that the ' in Section 1 herein within forty-five (45) days after the date of this Resolutier~ the provisions herein shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 6th day of October, 1986. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 230-86 I, the undersigned, J. Bruce McDonald, Senior Vice President and Secretary of A.Y. McDonald Industries, Inc., having read the terms and condi- tions of the foregoing Resolution No. 230-86 and being fan, ii,ar with the con- dition thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 7th day 1986. A.Y. McDonald Industries, Inc. cDonald, Senior Vice President and Secretary Council Member Simon moved adop- tion of the Resolutian. Seconded by Council Member Eluesner Carried by the following vote: Regular Session Kronfeldt, Manning, Simon. Nays--None. Conununication of Planning and Zon- ing Commission approving final plat of Lot 2 Asbury Springs Subd. No. 5, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Coun- cil Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesnar, Krleg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 231-86 RESOLUTION APPROVING THE FINAL PLAT OF LOT 2 OF ASBURY SPRINGS SUBDIVISION NO. 5 IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a final plat of Lot 2 of Asbury Springs Subdivision No. 5 in the City of Dubuque, 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 the City Council finds that the same con- forms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lot 2 of Asbury Springs Suddlvision No. 5 in the City of Dubuque, Iowa, be and same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final pla~ Passed, approved and adopted this 6th day of October, 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 Daieh, Kinesner, Krieg, October 6, 1986 Kropfeldt, Manning, Simon. Nays--None. Communication of City Manager recommending approval of a new con- tract with the State of Iowa for Restaurant Sanitation, Hotel and Ven- ding Machine Inspection, presented and read. Council Member Simon moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klueener, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 232-86 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND THE IOWA STATE DEPARTMENT OF INSPECTIONS AND APPEALS FOR ENFORCEMENT OF THE FOOD SERVICE SANITATION, HOTEL INSPECTION, AND VENDING MACHINE LAWS OF THE STATE OF IOWA. WHEREAS, the City of Dubuque and the Iowa Department of Agriculture entered into an agreement in January of 1979 whereby the City was authorized to enforce the Iowa Food Service Sanita- tion Code, the Iowa Hotel Sanitation Code, and the Iowa Food and Beverage Vending Machine Laws, which agree- ment was extended until January 1, 1987; and WHEREAS, the reorganization of State government has removed the authority and responsibility for enforce- ment oI the Iowa Food Service Sanita- tion Code, the Iowa Hotel Sanitation Code, and the Iowa Food and Beverage Vending Machine Laws from the Department of Agticultere and has ptac- ed said responsibility and authority with the Iowa State Department of Inspec- tions and Appeals; and WHEREAS, the Iowa State Depart- ment of Inspections and Appeals has submitted a new Memorandum of Understanding for the enforcement of said laws; and WHEREAS, the City of Dubuque, Iowa, is desirous oI entering into said Memorandum of Understanding with the Iowa Department of Inspections and Appeals. NOW, THEREFORE, BE IT 387 Regular Session RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, hereby approves the attached Memorandum of Understanding bet- ween the [owa Department of Inspec- tions and Appeals and the City of Dubu- que, Iowa. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Memorandum on behalf of the City of Dubuque. Passed, approved and adopted this 6}h day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Simon moved adop- tion of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Chip Murray and Terti Reeee of the Chamber of Commerce presented a Quarterly Update report on Tourism in the City. There being no fur thee business, Coun- cil Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. Meeting adjourned at 9:39 P.M. Mary A Davis City Clerk Approved 1987 Adopted 1987 Mayor October 6, 1986 Council Members ATTEST: City Clerk Regular Session, October 20, 1986 BOARD OF HEALTH OFt;ICIAL Board of Health, Regular Session, Oc- tober 20, 1986. Round met at 7:25 P.M. inthe Public Library Auditorium. Present: Chairperson Brady, Board Members Deich, Kluesner, Kring, ~ Kranfeldt, Manning, Simon. Chairperson Brady read the call and stated that ttfis is the REGULAR SES- SION OF THE BOARD OF HEALTH, called for tbe purpose to act upon such buainess which may properly come before the Board. Board Member Daich moved to ad- journ as there was no business brought before the Board. Seconded by Board Member Kronfaldt. Carried by the following vote: Yeas--Chairperson Brady, Board Members Deich, Kluesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. The Board Meeting adjourned at 7:30 P.M. Mary A. Davis Secretary, Board of Health Approved __1987 Adopted -- -- 1987 James E. Brady, Chairperson Board Members ATTEST: Secretary, Board of Health Regular Session, October 20, 1986 ed by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Regular Session, October 20, 1986. Members Daich, Khiesner, Krieg, Council met at 7:30 P.M., in the Public Kronfeldt, Manning, Simon. Library Auditorium Nays--None· Present: Mayor Brady, Council Communicatlan of Planning and Zan- Members Deich, Klueaner, Krieg, lng Comrrdssian approving request of Kronfaldt, Mannning, Simon, City Mol0OiiCo~forzaning.reclasaificatinn Manager W. Kenneth Gearhart, Co~ of property at the northeast corner of poratian Counsel Barry A. Lindahl. Mayor Brady read the call and stated that this meeting is the REGULAR SESStON OF THE CITY COUNCIL called for the purpose to act upon such business which amy properly come before the Council: Invocation was given by Father William Menster. PROCLAMATIONS: November 3rd as: "KDTH CHRISTMAS 86 FUND DI~IVE" received by Gordie Kilgore; Men/eh of Novembe~ a~ "National Model Pmilroad Month?. Communication of Planning and Zen- lng Commission approving rezoning .re~ quest of'Northrange Assn. to realasmfy vacant property in tho 5200 block of Pennsylv0nia Avenue west of Itadford Road:, presented and read. Council Member Simon moved that the com- munication be feceS, red and filed. Secondedby Council Member Kluesner. Carried by the foliowlng vote: Yeas--Mayor Brady, Councll Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. An ORDINANCE Amending Zoning Ordinance and Zoning Map to reclassify property in the 5200 Block of Penn- sylvania Ave. from AG Agricult~ral to C-2 Neighborhood Shopping Center District, 220 feet parallel to Penn- sylvania Ave. and remainder to CS Com- merclai Service and Wholesale District, with conditions, presented and road. Council Member Simon moved that this be considered the first reading of the Or- dinance, and that the requirement that ,~ proposed Ordinance be considered and voted on for passag~e 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 third day of November, 1986 at 7:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib J.F. Kennedy Road and Foothill Road from~R~3 to C-2, pre~ented and read. CouncitMember Simon movedthat the communication be received and file& SeCOnded by Council Member Deich. · Carried by the following, vote: Yoas~Mayor Brady, Councll Members Deich, Kluesner, Krieg, Kronfaidt, Manning, S~mon. Nays--None. An ORDINANCE'Amending the Zon- ing Ordinance and Zoning Map to reclassify property at, th~nortbeast eor- net 0~ J.F.K. Road. and Footli~ ~rom R'3 Multi-Family Reaide~tiai~ to Neighborbeed Shopping Center ]District, i presented and read. Council Member S~hn0a moved that bi,be comklemd the first reading of the Ordinance, and that the requirement that ~ proposed Or- dinance bo 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 ~urtber mov- ed that a Public Hearing be held on the proposed Ordinance on tho 3rd day of November, 1986, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner r law. Seconded by Coun- cil Member Delch. Carded by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich. Kiuesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. Petition of Citizens for Dubuque mak- ing a presentation regarding the Local Option Tax, presented and read. Mike King and Waiter Pregler made a presen- tation urging adoption of the Local Op- tion Tax Council Member Kluesner moved that Ibc petition be received mxd filed. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Commurdestion of planning and Zen- 390 Regular Session lng Commission advising of their denial to reclassify property at 3195 Jackson from C-2 to C-3 Commercial District, and no public hearing was held by the Commission, presented and read. Court- cil Member Kronfeldt moved that the matter be returned to the Planning and Zoning Commission to hold a Public Hearing establishing a C-3 Zoning in the C-2 area with notification to other prw perry owners in the C-2 area with intent that 3195 Jackson St. be included within this area. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Manning, Simon. Nays--Council Members Kluesner, Krieg, Kronfeldt. Communication of City Manager re- questing approval of "Agreement for Emergency Ambulance Service" spon- sored by Dubuque County and further requesting Mayor be authorized to sign the Agreement. Council Member Kluesner moved that the communica- tion be received and filed and authoriz- ed the Mayor to execute the Agreement. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. RESOLUTION NO. 233-86 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. Angela Mangeno I401 Elm. St. IIard Times Tavern Admiral's Hi-Hat West, Inc. 253 Main St. Clara L. Johnson 385 E. !3th St.. Lucky 13 Tap Hew Harbor Development Co., luc~ Eagle Point Yard Arm Phiaip R. Love 480 Locust St. The Lounge Hog Ryans, Inc. 1375 Locust St. Hog Eyan's Caberet Passed, adopted and approved this 20th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by October 20, 1986 Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 234-86 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the ~ame 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 RE SOLVED 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. Passed, adopted and approved this 20th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. RESOLUTION NO. 235-86 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 oI the City of Dubuque, Iowa, that the Regular Session Manager be authorized to cause to be issued to the following named appli- cant(s) a Liquor License. CLASS "C" (COMMEECIAL) BEER AND LIQUOR LICENSI~ Eagle Point Tavern, Ltd. 2401 Windsor Ave. Passed, adopted and approved this 20th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Dalch moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kriag, Kronfaldt, Manning, Simon. Nays--None. MINUTES SUBMITTED: Airport Comm. of 9-23; Civil Service Comm. of 8-25, 27, Sept. 8 and 26; Historic Preser- vation Comm. of 9-30 & 10-6; Housing Code Review Committee of 9-24 & 10-1; Plumbing Bd. of 10-2; planning and Zon- ing Commission of 9-15, 17 and 10-1, presented and read. Council Member Kluesner moved that tbe minutes be received and filed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Substance Abuse Services Center sub- mitring their Quarterly Report for the current fiscal year, presented and read. Council Member Kinesner moved that the report be received and filed. Second- ed by Council Member Kranfaldt. Car- ried by the Iollowing vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. October 20, 1986 NOTICES OF CLAIMS AND SUITS: CT Apartments in amount of $145.68 for property damages; Daniel Coble in amount of $59.28 for tar damages to car; Alice Canner, in amt. of $15.60 for tar damages to car; Nilus A. Dalsing, (In Small Claims Court) in the amount of $2000 for backed-up sewer damages; David Driscoll, in amount of $19.76 for tar damages to car; Terry Eglseder, in amount of $190 for backed-up sewer damages; American Family Insurance Group on behalf of ;heir clients; Patrick & Vicky Ellis, in amount of $1881.50 for car damages; Judie Fjellman, in amount of $19.76 for tar damages to car; Carl Frank, in amount of $15.60 for tar damages to car; Joe Kelly, in amount of $189.41 for backed-up sewer damages; Delbert Link in unknown amount of car damages; Joyce Lorenz, in amount of $15.60 for tar damages to car; Leo Lynch, in amount of $4000 for car damages; Thomas Ocbe, in unknown amount for car damages; Mrs. Walter O'Neill, in amount of $455.50 for personal injuries; Mrs. Albert Eisch, in unknown amount for personalinjuries; Garry Sehmitt, Sr., in amount of $89.44 for tar damages to car; Wanda Schroeder, in amt. of $356.72 for property damages; LeRoy Weidemann, Jr. in est. amount of $27.97 for car damages; Ruth Ranter, in amount of $25.15 for car damages, presented and read. Council Member Kluesner moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communications of Corporation Counsel advising of dismissal of Kevin McCarty Claim and Pauline Dauner claim, presented and read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communications of Corporation Counsel recommending denials of sewer back-up claims of James and Jill Faulhaber and Richard Kasper and two 391 392 Regular Session, October 20, 1986 claims of Michael and Sandra Ellis, presented and read. Council Member Kinesner moved that the communica- tions be received and filed and approv- ed denials. Seconded by CoanCil Member Kronfeldt. Carried by the fallowi~4~ vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Krunfeldt, Manning, Simon. Nays--None. Communication of Corporation Counsel recommending settlement of property damage claim of Leo Donovan in the amount of $237.33, presented and read. Council Member FAueaner moved that the communication be received and filed and settlement approved and Finance Director to issue the proper check. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Kronfeldt, Manning, Simon. Nays--None. October 3, 1986 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1985 Code of Iowa, the Civil Service Commission conducted Promotional Ex- aminations on September 10 and 11, 1986 for members of the Police Department, We hereby certify that the following members of the police Department have passed the written promotional ex- aminations with an average of seventy percent (70%) or better and all promc- tlons within the pollce Department should be made from the following list. POLICE CAPTAIN Paula Gieseman Eric Schneider Thomas Calinhan Mark FAsting John Stevens POLICE SERGEANT Eric Schneider Robert Flannery Robert Prine Terrence Tobin William Davis Charles Swanton Larry Verdick Daniel Avenarins Kevin McTague Paula Gieseman John Guile POLICE CORPORAL Nail Weiss Robert Flannery Larry Verdick Denis Wagner William Davis Dennis Strumberger Kevin McTague Robert prine Thomas Schaefer Richard Hanten Respectively submitted, Chairperson Civil Service Commission Mary A. Davis Secretary Proof of publication, certified to by the Publisher, on List of Claims for the month of August, 1986 AND City Manager submitting Financial Reports for the month of September, 1986, presented and read. Council Member FAuesner moved that the proof of be received and filed. Council Member Kronfcidt. r the following vote: Yeas--Mayor Brady, Council Deich, Kluesner, Erieg, Kranfeldt, Manning, Simon. Nays--None. Iowa DOT advising of their intent to sell several parcels of land, presented and read. Council Member FAuesner that the communication be filed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Hrieg, Manning, Simon. Nays--None. Communication of City Manager recommending acceptance of construc- tion contract for the 1986 Asphalt Pay- lng Project No. 2, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member FAuesner. Carried by the following vote: Regular Session, October 20, 1986 Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Kronfaldt, Manning, Simon. Nays--None. ACCEPTING IMPROVEMENT RESOLUTION NO. 236-86 WHEREAS, the contxact for the 1986 Asphalt Paving Project No. 2 has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the eon- tract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Revenue Sharing Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member FAuesnec moved adoption of the Resolution. Seconded by Council Member Kronfaldt. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kranfcidt, Manning, Simon. Nays--None. FINAL ESTIMATE RESOLUTION NO. 237-86 WHEREAS, the contract for the 1986 Asphait Paving Project No. 2 has been completed and the City Engineer bad submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, EE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $47,035.8I and that said amount shall be . Revenue Sharing Fund of the City of Dubuque, Iowa. Passed, approved and adopted, this 20th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member FAuesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by foilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. Communication of City Manager · ecommending acceptance of Structural Modification to the Transit Garage, presented and read. Council Member Dcich moved that the communication be received and filed. Seconded by Council Carried by the foilow- lng vote; Yeas--Mayor Erady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfaldt. ACCEPTING IMPROVEMENT RESOLUTION NO. 238-86 WHEREAS, the contract for the Structural Modifications of the Transit Garage has been completed and the Ci- ty Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recom- mendation of the City Manager be ap- proved and that said improvement be i the same is hereby approved. BE IT FURTHER RESOLVED that r Treasurer be and he is hereby directed to pay to the contractor fce.m the Capital Improvement Program m amount equal to the anxount of his con- tract, less any retained percentage pro- for therein. Passed, approved and adopted this 0th day of October, 1986. James E. Brady Mayor 394 Regular Session, October 20, 1986 ATTEST: Mary A. Davis 24th in the Library, and include the City Clerk Planning and Zoning Commission and the Historic Preservation Commission. Council Member Deich moved adop- tion of the Resolution. Seconded by Seconded by CouncilMember Kranfeldt. Council Member Kluesner. Carried by Carried by the following vote: Yeas--Mayor Brady, Council the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Krunfaldt. FINAL ESTIMATE RESOLUTION NO. 239-86 WHEREAS, the contract for the Structural Modifications to the Transit Garage with M.P. Kluck & Sons, Inc. has been completed and the architec- tural/engineering firm et Durrant Group, Inc. has submitted its final estinmto showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $11,502.00 and that said improvement shall be paid from the Capital Improve- ment Program of the City of Dubuque, Passed, approved and adopted this 20th day of October, 1986. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Dcich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayar Brady, Council Members Deich, Kluesner, Krieg, Man- ning, Simon. Nays--Council Member Kronfeldt. Conuuunicatinn of Planning & Zoning Commission requesting a joint Work Session with City Council regarding development plans in the 4th Street Peninsula and Ice Harbor area and fur- ther requesting this Work Session be held within the next 60 days, presented and read. Council Member Simon mov- ed that the communication be referred to the City Manager and Staff to prepare a meeting a 7 P.M. on Monday, Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon. Nays--None. of Ron Smith Construction requesting approval to excavate on John F. Kennedy Read, for the purpose of pre- riding water service to a new building at 1745 John F. Kennedy Road, presented and read. Council Member Simon moved to approve the petition. Seconded by Council Member Manning. Vote on the motion was as follows: Yeas--None. Nays--Mayor Brady, Council Members Deich, Klueaner, Krieg, Kranfaldt, Manning, Simon. PETITION DENIED. There being no further business. Coun- cil Member Deich moved to adjourn. · Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Kranfeldt, Manning, Simon. Nays--None. Meeting adjourned at 9:01 P.M. Mary A. Davis City Clerk Approved_ __1987 Adopted -- 1987 James E. Brady, Mayor Council Members ATTEST: City Clerk 395 Regular Session, November 3, 1986 OFFICIAL Kegular Session, November 3, 1986. Council met at 7:30 P.M., Public Library Auditorium. Present: Council Members Deich, Kluesner, Krieg, Kronfeldt, Manning, Simon, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Mayor Brady. Mayor Pro-Tern Kluesner read the call and stated that this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. INVOCATION was given by Elizabeth Pigs, Assistant Minister of the First Cong~egatinnal United Church of Christ. PROCLAMATIONS: Week of November 9-15 as "Adult Continuing Education Week" received by Inga Schilling of Clarke College; Month of November as "Alzheimer Disease Public Awareness Week" received by Sister Dolores Schneider of Stonehdi Care Center; November 15th as "Gary Olsen Appreciation Day" received by Gary Olsen; Week of November 3-9, 1986 as "National Radiologic Technology Week" received by Ruth Aden. Council Member Deich moved to sus- pond the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Simon. Carried by the following vote: Yeas--Mayor Pro-Tern Klueaner, Council Members Deich, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing, to rezone portion of property in the 5200 Block of Pennsylvania Avenue west of Radford Road from AG to C-2 ~md CS Districts, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Simon moved that the Proof of publication be received and filed. Seconded by Council Me~nber Deich. Carried by the foilowfi~g vote: Yeas--Mayor Pro-Tom Kluesner, Council Members Delch, Krieg, Kronfeldt, Manning, Simon. Nays--None. Absent--Mayor Brady. Northrange Assn. members Bill Byrne & Sam Pusateri requested sup- change. Walt McFadden, 5580 Middle Road ected to rezoning request. ORDINANCE NO. 87-86 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, pROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- )IX A THEREOF, ALSO KNOWN AS THE "ZONING DRDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPERTY IN THE 5200 BLOCK OF PENNSYLVANIA AVENUE WEST OF RADFORD ROAD FROM AG AGRICULTURAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT AND CS COM- MERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS, said Ordinance having been presented and read at the Council Meeting of October 20, ]986, presented for final adoptinn. Council Member ~ Simon moved final adoption of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Kcieg, Kronfaldt, Manning, Simon. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 87-86 AN ORDINANCE OF THE CITY OF DUBUQUE, 10WA, 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 IN 'DIE 5200 BLOCK OF PENNSYLVANIA AVENUE WEST OF RADFORD ROAD FROM AG AGRICULTURAL DISTRICT TO C-2 NEIGHBORHOOD SHOP- PING CENTER DISTRICT AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH I CONDITIONS. 397