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1983 January Council ProceedingsINDEX -- BOOK 113 1983 SUBJECT Page Sept 26--Zoning Board of Adjustment appointment of Joseph Kramer. 345 Nov 21--Zonlng request of Peoples Natural Gas to reclassify property south of Cedar Cross Rd. from AG to C-7 ................... 398 " 21--Zoning of Water Area around Chaplain Schmitt Mem. Island, report ............................................... 408 " 21--Zoning request by Burbach, Kitchen to reclassify property at 3860 Asbury from R-3 to OR-1 PUD ...................... 417, 418 Regular Session, January 3, 1988 CITY COUNCIL OFFICIAL Regular Session, January 3, 1983. Council Met at 7:30 p.m., Council Chambers, City Hail. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. 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 pur- pose to act upon such business which may properly come before the Council. Invocation was given by Father Neil Tobin. Pastor of Sacred Heart Catholic Church. RESOLUTION NO. 1-83 Resolution Providing for the Appoint- ment of a City Manager BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That W. Kenneth Gearhart shall be appointed City Manager for the City of Dubuque, Iowa, in accordance with the terms and conditions contained in an employment agreement executed and approved on the 12th day of April, 1982. Passed, adopted and approved this 3rd day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 2-83 Resolution Providing for the Appoint ment of a Corporation Counsel and Legal Staff BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That Harley F. Stark, Jr., shall be appointed Corporation Counsel for the City of Dubuque, Iowa, in accordance with the terms and conditions contain- ed in an employment agreement ex- ecuted and approved on the 28th day of June, 1982. BE IT FURTHER RESOLVED that Barry A. Lindahl is appointed Ci- ty Solicitor and William G. Blum is ap- pointed Assistant City Attorney for the City of Dubuque, Iowa. Passed, adopted and approved this 3rd day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Klauer. Nays--Council Members Hammel, Kluesner, Kronfeldt. RESOLUTION NO. 3-83 Resolution Providing for the Appoint- ment of a City Clerk BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That in accordance with Chapter 372.13(31 of the Code of Iowa, 1981, Mary A. Davis shall be appointed as City Clerk for the City of Dubuque, Iowa, for the purpose to perform the duties of said position as required by State and City Law, subject however, to the right of the Council to declare said office vacant or remove the of- ficial therefrom at the pleasure of the Council with or without cause, and said official to be paid the compensa- tion as provided in the budget. Passed, adopted and approved this 3rd day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: 2 Regular Session, January 3, 1983 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauec, Kluesner, Kronfeldt. Nays--None. W. Kenneth Gearhart, Harley F. Stark, Jr. and Mary A. Davis sworn in respectively as City Manager, Cor- poration Counsel and City Clerk by Mayor James E. Brady. A RESOLUTION Designating the Official Newspaper for the City of Dubuque, being the Telegraph Herald, presented and read· Council Member Deich moved that action on this mat- ter be tabled for two weeks, requesting Corporation Counsel check as to whether or not the City could use the government channel on Cable TV for necessary notices. Seconded by Coun- cil Member Khiuer. Vote on the motion was as follows. Yeas--Council Members Delch Klauer. Nays--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. MOTION FAILED. Council Member Kronfeldt moved to adopt the Resolution and designate the Telegraph Herald as the official City newspaper. Seconded by Council Member Beurskens. Vote on the mo- tion was as fonows: Yeas-Council Members Beurskens, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer. MOTION FAILED. Council Member Hammel moved to designate the Des Moines Register as the official City newspaper. Seconded by Council Member Klauer. NO VOTE TAKEN ON THE MO- TION. Council Member Deich moved that action be tabled for two weeks on this matter. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hanunel, Khiuer. Nays--Council Members Kluesner, Kronfeldt, Beurskens. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing regarding the non-conforming uses of Zoning Ordinance and Zohing Map of the City of Dubuque, presented and read. There were no written objections received. Herbert Benn, 2954 Elm, requested clarification as to how this would af- fect Don's Transmission business. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Khiesner, Kronfeldt. Nays--Council Member Klauer. ORDINANCE NO. 1-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF ALSO KNOWN AS THE "ZONING ORDINANCE AND ZON- ING MAP OF THE CITY OF DUBU- QUE, IOWA" BY REPEALING AR- TICLE II AND ENACTING A NEW ARTICLE II IN LIEU THEREOF WHICH ESTABLISHES PROVI- SIONS TO ALLOW THE EXPAN- SION OF NON-CONFORMING USES, said Ordinance having been presented and read at the Council Meeting of Dec. 6, 1982, presented for final adoption, ORDINANCE NO. 1~83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPENDIX A THEREOF ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE (~ITY OF DUBUQUE, IOWA" BY REPEALING ARTICLE II AND ENACTING A NEW ARTICLE II IN LIEU THEREOF WHICH ESTABLISHED PROVISIONS TO ALLOW THE EXPANSION OF NON-CONFORMING USES. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUN- Regular Session, January 3, 1983 CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Arti- cle II thereof, and enacting a new Arti- cie 1I in lieu thereof, as follows: "ARTICLE II. NON-CONFORMING LOTS, USES OF LAND, USES OF STRUCTURES AND PREMISES, AND CHARACTERISTICS OF USE: AMORTIZATION PROVISIONS Section 2-101 General Statement of Intent Within the districts established by this ordinance or amendments that may later be adopted there exist 1. lots; 2. structures; 3. uses of land and structures; 4. characteristics of use, which were lawful before this ordi- nance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to recog- nize the legitimate interests of those who lawfully established these non- conformities by permitting such non- conformities to continue, subject to limitations upon their completion, res- rotation, reconstruction, extension and substitution. At the same time, it is recognized that non,conformities sub- stantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the district, property that is itseff sub- ject to the regulations of this ordi- nance. In order to secure eventual compliance with the standards of this ordinance, it is therefore necessary to regulate non-conformities strictly and to prevent the re-estabhshment of non- conformities that have been discontin- ued. To avoid undue hardship, nothing in this ordinance shall be deemed to · require a change in the plans, construc- tion or designated use of any building on which actual construction was law- fully begun prior to the effective date of adoption or amendment of this ordi- nance and upon which actual building construction has been carried on dili- gently. Actual construction is hereby dellned to include the placing of con- struction materials in permanent posi- tion and fastened in a permanent manner. Section 2-102 Non-Conforming Lots of · Record In any district in which single faro- ily dwellings are permitted, a single family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lot must be in sep- state ownership and not of continuous frontage with other lots in the same ownerstfip. These provisions shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimen- sions and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. If two or more lots or combinations of lots and portions of lots with contin- uous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be used or sold in a manner which dimishes compliance with lot width and area requirements established by this ordi- nance, nor shall any division of any parcel be made which creates a lot with width or area below the require- ments stated in this ordinance. Section 2-103 Non-Conforming Uses of Land (Or Land with Minor Structures Only) Where at the time of passage of this ordinance, lawful use of land exists which would not be pemitted by the regulations imposed by this ordinance, and where such use involves no indi- vidual structure with a replacement cost exceeding one thousand dollars ($1,000), the use may be continued so long ~s it remains otherwise lawful, provided that: 2-103.1 No such non-conforming use shall be enl0rged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; and 2-103.2 No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amend- ment of this ordinance; and 2-103.3 If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any sub- sequent use of such land shall conform 4 Regular Session, January 3, 1983 to the regulations specified by this ordinance for the district in which such land is located, except as otherwise provided under Section 2-105.3 of this Article; and 2-103.4 No additional structure shall be erected in connection with such non-conforming use of land. Section 2-104 Non-Conforming Struc- Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on th lot, or other require- ments concerning the structure, such structure may be continued so long as it remains otherwise lawful, provided that: 2-104.1 No such non-conforming struc- tare may be repaired, reconstructed, enlarged or altered in a way a"hich increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity. 2-104.2 Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than fifty per cent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance, except as may be allowed by Section 2-104.3 Repair and Reconstruction of Certain Non-Conforming Residential Structures Permitted 2-104.3.1 Statement of Intent The provisions of this ordinance are intended to preserve property values, avoid hardships to property owners, and promote the conservation of cer- tain pre-existing, non-conforming resi- dential dwelling units built on unusually narrow lots by allowing the total reconstruction of such structures when they are substantially destroyed by accident or act of God. The limited exemption from district regulations authorized by this Section should be narrowly construed, and nothing in this Section should be interpreted as authorizing any change in an existing or hereafter reconstructed structure which would increase hi any manner or degree such structures's non-confor- mity with the provisions of this ordi- 2-104.3.2 Reconstruction of Certain Non-Conforming Residential Struc- tures Permitted, Subject to Conditions In the event of destruction to an extent exceeding fifty percent (50%) of its replacement value, any single lam- ily dwelling, duplex, townhouse, or multiple family dwelling containing not more than four (4) dwelling units may be reconstructed to its former condition and dimensions without regard to the yard, bulk or lot require- ments of this ordinance, provided that 1) Such destruction was caused by an accident or act of God occurring after the effective date of this ordi- nance; and 2) The structure is a permitted struc- ture in the district in which it is located and was in existence prior to the effective date of this ordinance; and 3) The lot on which the destroyed dwelling is located is not of contin- uous frontage with any other lot held in the same ownership; and 4) The lot on which the destroyed structure is located has a frontage of not more than forty (40) feet; and 5) The reconstructed structure does not increase its prior non-conformity in any manner or degree with regard to the number or size of dwelling units, required yards or lot area, required off-street parking spaces, or other provisions of this ordinance. The burden of proof shall be upon any person seeking to rely on these provisions to demonstrate to the Zoning Administrator that the recon- structed structure will not further increase its non-conformity with this ordinance. Section 2-105 Non-Conforming Uses of Structures or of Structures and Prem- ises in Combination If lawful use involving individual structures with replacement cost of one thousand dollars ($1,000) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, provided that: 2-105.1 No existing structure devoted to a use not permitted by the ordi- nance in the district in which it is located shall be enlarged, extended, constructed, re-constructed, moved, or structurally altered except in changing the use of the structure to a use per- mitted in the district in which it is located, or except as provided in 'Sec- tion 2-108 of this Article; 2-105.3 A Conditional Use Permit may be obtained to allow any non-conform- ing use of a structure or of a structur~ and premises to be changed to another non-conforming use, but only in accor- dance with the applicable provisions of Regular Session, January 3, 1983 5 Article VI of this ordinance. 2-105.4 Any structure, or structure and land in combination, in or on which a non-conforming use is super- seded by a permitted use, shall thereaf- ter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed; 2-105.5 When a non-conforming use of a structure, or structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except hi conformity with the reg- ulatinns of the district in which it is located, except as otherwise provided under Section 2-105.3 of this Article. 2-105.6 Where non-conforming use status applies to a structure and prem- ises in combination, removal or destruction of the structure shall elimi- nate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction; 2-105.7 Any lawful use of a structure, or of a structure and premises in com- bination made non-conforming by the adoption or amendment of this ordi- nance may be continued as herein pre- scribed, and such non-conforming status shall not be grounds for denial of any permit, license, or other official authorization necessary for contin- uance of such non-conforming use. Any lawful non-conforming business use shall be deemed to be within a business district for the purpose of issuance of required permits or licenses. Nothing in this provision shall be interpreted to permit the establishment of any non- conforming use not in lawful existence on the date of adoption or amendment of this ordinance. Section 2-166 Limitation on Repairs and Maintenance of Structures or Pot- tions of Structures Containing Non- Conforming Uses On any structure or portion of a structure which contains a non-con- forming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10 percent of the current replacement cost of the structure or portion of the structure containing a non-conforming use as the case may be. : If a structure or portion of a struc- ture containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and mainte- nance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condi- tion, it shall not thereafter be restored, repaired, or rebuilt except in confor- mity with the regulations of the dis- trict in which it is located. 'Section 2-107 Uses Under Conditional Use Permit Provisions Not Non-Con- forming Uses Any use which is permitted as a Conditional Use in a district under the terms of this ordinance (other than a change through Board of Adjustment action from a non-conforming use to another non-conforming use not gen- erally permitted in the district) shall not be deemed a non-confornfing use in such district, but shall without further action be considered a conforming use, Section 2-108 Non-Conforming Use Expansion Provisions A Conditional Use Permit may be obtained to allow a non-conforming use of a structure or of a structure and premises to be expanded, but only pro- vided that the Board of Zoning Adjust- ment shall find as'follows: 1) Such use is either a residential dwelling in an HI Heavy Industrial District or a commercial use allowed as a permitted or conditional use in one commercial district but located in a commercial district where such use is not allowed; and 2) the current capital investment in buildings, structures, or other facili- ties of the non-conforming use or other evidence is substantial enough to indicate that such use is likely to be maintained on the property for the foreseeable future; and 3) the continuance thereof will not be contrary to the public health, safety, welfare or the spirit of this Ordi- nance; and 4) the use and its proposed expansion do not and are not likely to signifi- cantly depress the value of nearby properties; and 5) no useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use does not conform; and 6) the aggregate extent of the expan- sion does not exceed twenty-five (25) ~ercent of the gross area devoted to the non-conforming use and such expansion shall comply with the schedule of district regulations in the district hi which it is located; and 7) the public will receive some bene- fit from the proposed expansion 6 Regular Session, January 3, 1983 through improvement of conditions on the property including but not limited to upgrading the appearance of the premises, removal of non-con- forming signs, and addition of off- street parking and loading facilities. In authorizing a Conditional Use Permit for the expansion of a non-con- forming use of a structure or of a structure and premises the Board of Zoning Adjustment shall follow the ~application, notice and public hearing provisions set forth in Section 6-106. The Board shall impose conditions of approval to assure that the expanded non-conforming use does not become contrary to the public health, safety or weffare or the spirit and purpose of this Ordinance. No vested interest shall arise out of the approval of a Conditional Use Per- mit pursuant to this section." Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, APPROVED AND ADOPTED this 3rd day of January, 1983. James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 1983. Mary A. Davis it 1/i0 City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Communication of City Manager re- questing acceptance of a Quit Claim Deed for parcels of property acquired from the Chicago and Northwestern Transportation Company in the 32nd Street area, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Daich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO, 4~83 WHEREAS, the City of Dubuque, Iowa, has acquired the real estate hereinafter described from the Chicago and North Western Transpor- tation Company; and WHEREAS, said company has delivered a Quit Claim Deed conveying real estate to the City of Dubuque, Iowa, described as: Strips of land fifty feet in width extending over and across Lots 9, 11, 13 and 14 in the Sub- division of Mineral Lot 322 in the City of Dubuque, said strips of land being twenty-five feet in width on each side of the center line of the main track of the Dubuque and Northwestern Railway Company (later the Chicago, St. Paul and Kansas City Railway Company, the Chicago Great Western Railway Company, now the Chicago and North Western Transportation Company), as said main track centerline was originally located and established. ALSO: A strip of land eighty feet in width extending over and across Lots 3, 5, 6, 7 and 8 in the Subdivision of Mineral Lot 322 in the City of Dubuque, said strip of land be- lng forty feet in width on each side of the centerline of the main track of the Dubuque and Northwestern Railway Company (latex the Chicago, St. Paul and Kansas City Railway Company, the Chicago Great Western Railway Company, now the Chicago and North Western Transportation Company), as said main track center line was originally located and established. WHEREAS, said delivery of deed, dated December 6, 1982, by said com- pany to the City of Dubuque, Iowa, should be accepted. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of the Quit Claim Deed by the Chicago and North Western Transportation Com- pany, December 6, 1982, conveying to the City of Dubuque, Iowa, the hereinabove described real estate, be and the same is hereby acceptod~ Section 2. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a cer- tiffed copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a ce~ tiffed ~opy of this Resolgtion to the Dubuque City Assessor and the Dubu- que County Auditor. Passed, adopted and approved this 3rd day of January, 1983. James E. Brady Mayor Regular Session, January 3, 1983 7 ATTEST: Mary A. Davis City Clerk Council Member Kluesnex moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai Klauex, Kluesner, Kronfeldt. Nays--None. Communication of Council Membe~ Deich submitting report on National League of Cities Convention at Los Angeles and requesting to address the Council on same, presented and read. Council Member Deich elaborated briefly on the report, stressing Dubu- que is lucky to have as good a city as we have. Council Member Klauer moved that the communication be received and filed. Seconded by Council Membex Beurskens. Carried by the following vote~ Yeas--Mayor Brady, Council Mem- bets Bearskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. BOARDS AND COMMISSIONS: Human Rights Commission- Council Member Kronfeldt moved to table the appointments for the Human Rights Commission only for one month. Seconded by Council Member Hammel. Carried by the fnllowin vote~ Yeas--Council Members Beursken~ Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mere hers Daich, Klauer. Housing Code Appeals Board-2 3-Year Terms to Expire 1-11-86 (Terms of P. Fitesommons & G. Guy); Ap- pllcante: Paul Fitzsimmons, Gerald L. Guy and Hugh Richardson. Vote on the appointment was as follows: Mayor Brady voted for Richardson and Fitzsimmons; Council Member Beurskens voted for Guy and Richardson; Council Member Daich abstained; Council Member Hammel voted for Guy and Richardson; Coun- cil Member Klauer voted for Richard- son only; Council Member Kluesner voted for Guy and Richardson; Coun- cil Member Kronfeldt voted for Guy and Richardson. Therefore, Gerald Guy reappointed and Hugh Richardson appointed to three year terms on the Housing Code Appeals Board. Fire and Police Retirement Pension Systems: 1 4-Year Unexpired Term which will expire 3-31-86; Applicant: Thomas W. Hopper. Council Member Klauer moved to appoint Thomas W. Hopper to the Police and Fire Retirement Pension Boards. Seconded by Council Member Kronfeldt. Carried by the following .Yeas--Mayor Brady, Council Mem- hers Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Deich. MINUTES SUBMITTED: Airport Corem. of 12-14 (approved); Human Rights Subcommittees of 4-21, 6-3, 7-22, 10-7, 10-18 (all approved); Human Rights Comm. of 10-18 and 11-1 (ap- proved); Chaplain Schmitt Memorial Island Comm. of 12-1; Historic Preser- cation Comm. of 9-28 (approved), presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Kronfaidt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammai, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Fulton Arms Apt. Bldg. in amount of $90 for property damages; Lois Glover, in unknown amount for car damages; Gloria VanVors, in estimated amount of $99.92 for car damages, presented and read. Council Member Klauer moved that the claims be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammai, Klauer, Khiesner, Kronfeldt. Nays--None. Corps of Engineers submitting notice of Report on Mississippi River Navigation System adequate mooring facilities for watercraft, presented and read. Council Member Klauer moved that the Notice be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Regular Session, January 3, 1983 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. REFUNDS REQUESTED Westslde Enterprises, Inc. $211.25 or unexpired Liquor License, presented and read. Council Member Klauer moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of League of Women Voters advising of support for Human Rights Office, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Me~nber Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manage~ submitting response to petition filed by Lois Glover regarding snow removal and maintenance of Riverview Street, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Civil Aeronautics Bal. submitting Notice of Ozark Air Lines, Inc. and Republic Airlines, Inc. pursuant to Sections Of the Federal Aviation Act of 1958, as amended, presented and read. Council Member Klauer moved that the Notice be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. James Compton, applicant for Human Rights Comm., expressed in- terest in obtaining a position on that Commission. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved _1983 Adopted __1983 Mayor Council Members ATTEST: City Clerk Special Session, January 10,1983 CITY COUNCIL OFFICIAL Special Session, January 10, 1983. Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to CONSIDER AC- CEPTANCE OF THE CONTRACT FOR THE NORTH-WEST ARTERIAL. STAGE I, P.C.C. PAV- ING AND INTERSECTION IM- PROVEMENTS and acting upon such other business which may properly come before the Council. Invocation was given by Father John Dalton of St. Raphael's Cathedral. PROCLAMATION: January 28th thru Feb. 6th as "Winter Wonderland Days". Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Al Polsean requesting tc address the Council to present a Peri- tion regarding the road conditions on Crescent Ridge, Cedar Cross Road, Starlite Drive and Crescent Court. presented and read. Mr. Polsean spoke to the Petition, and also to the water and sewer pro- blems in the same area. Council Member Khiesner moved that the petition be received and filed and referred to Staff. Seconded by Council Member Beurskens. Carried by the~following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. · ' Nays--None. Communication of City Manager recommending acceptance of the con- tract for the North-West Arterial, Stage I, P.C.C. Paving and Intersec- 9 tion improvements and requesting authorization to execute a supplemen- tal contract on the balance of the work in the amount of $6,998.85, presented and read. Council Member Khiesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 5-83 WHEREAS, the City Council of the City of Dubuque, through Resolution Number 369-81, awarded a contract to Tschiggfrie Excavating of Dubuque, Iowa, for the North-West Arterial, Stage I, P.C.C. Paving and Intersec- tion Improvements; and WHEREAS, said contract was awarded in the amount of $670,904.91; and WHEREAS, a portion of said con- tract must be postponed until the spr- ing of 1983. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager, be and is hereby directed to execute a sup- plemental contract for the un- completed portions of the North. West Arteria~ Stage I, P.C.C. Paving and Intersection Improvement contract. Section 2. That the supplemental contract be in the amount of $~998.85. Passed, adopted and approved this 10th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 6-83 WHEREAS, the contract for the 10 Special Session, January 10, 1983 North-West Arterial~ Stage I, P.C.C. Paving and Intersection Im- provements has been completed and the City Manager has. examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED: That the City Treasurer be and is hereby directed to pay to the contrac- tot from General Obligation Bonds and Federal Aid to Urban Systems Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 10th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Counc'd Member Klueeuer moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 7-83 WHEREAS, the contract for the North-West Arterial, Stage I, P.C.C. Paving and Intersection Im- provemonts has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the cost of said improvement is hereby determined to be $653,121.05. That none of the cost thereof shall be assessable upon private property and $653,121.05 shall be paid from General Obligation Bonds and Federal Aid to Urban Systems Funds of the City of Dubuque. Passed, adopted and approved this 10th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager submitting technical amendment to IA~05-4055 FY 82 Section 5 Operating Assistance Grant with UMTA, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch,. Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 8-83 Resolution Authorizing the Filing of an Amendment to an Application with the Department of Transportation, United States of America, for a Grant under the Urban Mass Transportation Act of 1964, as Amended. ~ WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation pro- jects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- eluding the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an amend- mont to an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, tbe appli- Special Session, January 10, 1983 11 cant give an assurance that it will com- ply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Ap- plicant that minority business enter- prise be utilized to the fullest extent possible in connection with this pro- ject, and that definitive procedures shall be established and administere~ to ensure that minority businesses shall have the maximum feasible op- pertunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts or consultant and other services: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the Mayor of the City of Dubuque is authorized to execute and file an amendment to an applica- tion on behalf of the City of Dubuque with the U.S. Department of Transpo~ ration, to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 196~ as amend- ed. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such an amendment to an application an assurance or any other document r~quired by the U.S. Depart- ment of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That William Kohler, Transit Manager, is authorized to fu~ nish such additional information as the U.S. Department of Transportation may require in connection with the ap- plication or the project. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with tho project's procurement needs. Section 5, That the Mayor of the City of Dubuque is authorized to execute grant contract agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financing of the operating assistance projects. Passed, adopted and approved this 10th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 9-83 WHEREAS, Applications for Li- quor 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 relevant thereto and they have filed proper bonds; 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 aI~ pficants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gomer's Inc. 1105 University Phililp R. Love 481 Locust St. (Also Sunday Sales) Sincere Enterprises, Inc. 2600 Dodge (Also Sunday Sales) Howard Johnson Co. 50 J.F.K. (Also Sunday Sales) Passed, adopted and approved this 10th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Park and Recreation Comm. of 10-30, 11-1, 11-8 (all approved), 12-3 (unapproved); Public Library Bd. of 10-7, 10-19, 12 Special Session, January 10, 1983 10-29, 11-5 & 11-7 (ail approved), presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeidt, Nays--None. NOTICES OF CLAIMS: Richard and Mary Meyer (2 claims) in amounts of $116.07 and $994.39 for backed-up sewer damages; Peter and Joyce Tim- merman, in amount of $1,286,93 for backed-up sewer damages, presented and read. Council Member Beurskens moved that the claims be referred to the Cor- poratlan Counsel for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeidt. Nays--None. Communication of Corporation Counsel recommending denials of vehi- cie damage claim of Gerald Stangl and property damage claim of Steven K. and Leslie E. Neyens, presented and roAId, Council Member Beurskens moved that the denials be approved. Second- ed by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delcli, Hammel, Klauer, Kluesner, Kronfeidt. Nays--None. Petition of Dulane Schoen et al (59 signers) objecting to request for in- crease in TV rates, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Thomas Butler et al (50 signers) requesting sufficient funding to support Human Rights Dept., presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens; Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. Petition of H.L. Hangar requesting consideration be given to use the Telegraph Herald as carrier of official notices, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Attorney David L Hammer, on behalf of estate of Elizabeth Burden, advising of the will- ingness to extend the 60 day period regarding the acceptance of the Burden property, presented and read. Council Member Bearskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the renew- ing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Al Polsean objected to the Trenkle Parking Lot being used without revenue by City Hall officials. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved .1983 Adopted _1983 Special Session, January 10, 1983 Council Members ATTEST: City Clerk 13 14 Special Session, January 17, 1983 CITY COUNCIL OFFICIAL Special Session, January 17, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- ix)ration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to DESIGNATE A NEWSPAPER FOR THE CITY OF DUBUQUE and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Dave Swartz, Pastor of Dubuque Baptist Church. PROCLAMATIONS: Month of Feb. 1983 as "Children's Dental Health Month"; Week of Jan. 17-23 as "Jaycee Week" received by Dubuque Jayceee President Bill Kolf. A RESOLUTION Designating the official newspaper for the City of Dubuque, Iowa (tabled from the meeting of January 3, 1983) was presented. Council Member Kronfeldt moved that the official newspaper be designated as the Telegraph Herald. Seconded by Council Member Beur- skens. Council Member Hammel moved to amend the motion to include both the Telegraph Herald and the Dubuque Advertiser. Seconded by Council Member Klauer. Vote on the amend- ment was as follows: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hummel, Klauer. Nays--Council Members Deich, Kluesner, Kronfeldt. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Attorney Allan Carew, representing the Telegraph Herald, addressed the Council and stated he was of the opi- nion that the Dubuque Advertiser could not be considered an official newspaper, as specified and in accor- dance with Chapter 618 of the 1981 Code of Iowa. RESOLUTION NO. 10-83 Resolution Designating the Newspaper to be Utilized by the City of Dubuque, Iowa BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That in accordance with Chapter 618 of the Code of Iowa, 1981, the TELEGRAPH HERALD and the DUBUQUE ADVERTISER shall be utilized by the City of Dubuque, Iowa, for the purpose of publication of notices and reports of proceedings as required by law, and the City Staff is directed to utilize either as may be most expedient and at the lowest rate. Passed, adopted and approved this 17th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution, as amen& ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer. Nays--Council Members Deich, Kluesner, Kronfeldt. Communication of Dubuque Typographical Union No. 22 express- ing~ their comments regarding the designation of the Telegraph Herald as the official newspaper, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskees. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hamme], Klauer. Nays--Council Members Dnich, Kluesner, Kronfeldt. Communication of City Manager re- questing Mayor be authorized to ex- ecute an agreement with the Iowa DOT, presented and read. Council Member Klauer moved that the communication be received end filed. Seconded by Council Member Hammel. Carried by the following vote: Special Session, January 17, 1983 15 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 11-83 Authorizing the Mayor to Execute an Agreement with the Iowa Department of Transportation on Right of Way Assurance Statement for Federni Al, Projects. WHEREAS, the Iowa Departmen of Transportation has requested the City to execute an agreement stipulating that the City will comply with the 1970 Uniform Relocation Assistance and Land Acquisitions Policies Act on Federal aid transporta- tion projects; and WHEREAS, such a statement must be on file with the Iowa Department of Transportation in order for the City to be in compliance with Federal aid pro- jects for transportation purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor be Agreement with the Iowa Department of Transportation stipulating that the City of Dubuque will comply with Federal regulations relative to the ac- quisition of property for transporto~ lion purposes, for which Federal funds are involved, Passed, adopted and approved this 17th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldr. Nays--None. Communication of City Manager recommending no parking meter time change on the east side of Main St. between llth and 12th Streets and recommending two hour meters on the south side of 12th St. between Main ~nd Central Ave. be converted to a ten hour time zone, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. ORDINANCE NO. 2-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW SUBSECTION TO DISTRICT C OF SECTION 25-326 OF SAID CODE, TO LIMIT PARKING TO TEN HOURS AT ANY ONE TIME ON THE SOUTH SIDE OF TWELFTH ST. BETWEEN MAIN ST. AND WHITE ST. TO PROVIDE FOR THE ESTABLISHMENT OF PARKING METER DISTRICTS IN THE CITY OF DUBUQUE, presented and read. Council Member Beurskens moved that the reading just had be con- sidereal the first rea~ing of the Or- dinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when official ac- tion is taken, be dispensed with. Seconded by Council Member Ham- mci. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. ORDINANCE NO. 2-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY ADDING A NEW SUBSECTION TO DIS- TRICT C OF SECTION 25-326 OF SAID CODE, TO LIMIT PARKING TO TEN HOURS AT ANy ONE TIME ON THE SOUTH SIDE OF TWELFTH STREET BETWEEN 16 Special Session, January 17, 1983 MAIN STREET AND WHITE STREET TO PROVIDE FOR THE ESTABLISHMENT OF PARKING METER DISTRICTS IN THE CITY OF DUBUQUE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordi- nance~ of the City of Dubuque, Iowa, be amended by adding a new subsec- tion of District C of Section 25-326, to read as follows: Section 25-326, Parking Meter District C "Tweffth Street, south side, between Main Street and White Street" Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by deleting the following subsection of District B of Section 25- 326: Secflon 25-326, Parking Meter District B "Tweffth Street, south side, between Central Avenue and Main Street" Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by deleting the following subsection of District A of Section 25- 326: Section 25-326, Parking Meter District A "Twelfth Street, south side, between Central Avenue and White Street" Section 4. That all Ordinances or parts of Ordinances in conflict with this Ordinance, be and they are hereby repealed. PASSED, APPROVED AND ADOPTED this 17th day of January, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 21st day of Jan- usry, 1983. Mary A. Davis It 1/21 City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Ham- mci. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Kluesner. Nays--Council Member Kronfeldt. RESOLUTION NO. 12-83 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a pern~t to sell Cigarettes and Cigarette Papers within said City. Howard Johnson Co. 50 J.F.K. Passed, adopted and approved this 17th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 13-83 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; 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 ap. plicants a Beer Permit. CLASS "C" BEER PERMIT Beverly R. Miller 260 Southern Ave. (Also Sunday Sales) TFMCo. 51 W. 32nd St. {Also Sunday Sales) Passed, adopted and approved this 17th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the foilowing vote: Special Session, January 17, 1983 17 Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hummel Klauer, Kluesner, Kronfeldt. Nays--Council Member Hanunel on Beverly R. Miller (Sid's Beverage) only. RESOLUTION NO. 14-83 WHEREAS, Appllcatinns for Li- quor Licenses have been submitted to tins 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 relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of .the City of Dubuque, Iowa, that tho Manager be authorized to cause to be issued to the foilowlng named ap. plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine A. Fransen 1100 Lincoln Robert P. Spiegelhalter 2364 Washington Jerry G. Turner 925 Century Dr. (Also Sunday Sales) Passed, adopted and approved this 17th day of January, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- rled by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Khiesnor, Kronfeldt. Nays--None. MINUTES SUBMITTED: Cable Teleprogramming Comm. of 1-4 (ap- proved), Fublic Library of 11-5 (ap- proved), P & Z Conun. of 1-5 (unap- proved), Elec. Examining Bal. of 1-11 (unapproved), Combined Housing and Community Development Comm. of 12-14 (unapproved), Historic Prgserva- tion Corem. of 12-14, 12-28, 1-3 and 1-9 (ail approved), presented and read. ~ouncil Member Beurskens moved that tho minutes be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS AND SUITS: O'Connor, Thomas, Hammer, Bertsch & Norby vs. Fischer Invest- ment Co. et al and City of Dubuque, Iowa, directing plats, easements and special warranty deeds be deposited in court; Ann C. Connolly, in amount of $101.50 for labor charges to remove ice; Dorothy Haigh, in unknown amt. for personal injuries, presented and read. Council Member Hannnel moved that the claims and suits be referred to the Corporation Counsel for investiga- tion and report. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Solicitor Lindahi advising of dismissal of Suit in case of Barrett vs. City of Dubuque, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims for month of November, 1982, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Refunds Requested: S.S. Kresge Co. #100, $50 on unexpired Cigarette License, presented and read. Council Member Beurskens moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member 18 Special Session, January 17, 1983 Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Catholic Mothers Study Clubs pro- testing the plan to charge adinission fees to Eagle Point Park, presented and read. Council Member Beurskens moved that the communciation be referred to the Budget Sessions. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, I-tammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning Commission advising Edwards Property located south of Patricia Ann Drive and west of Edwards Road has reverted to its former R-2 Single Family Residential District Classifica- tion due to the failure to submit a final plan for the area as required, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing Mayor be authorized to ex- ecute Community Development Block Grant application, reflecting change in Entitlement from $979,000 to $927,000, presented and read. Council Member Beurskens moved that the co~nmunication be received and filed and approved authorization. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Conununication of City Manager recommending against the installation of the addition of the left turn lanes on Peru Rd. at Roosevelt St. and Sheridan Rd., presented and read. Council Member Beurskens moved that the communication be received and filed and approved the recommen- dation. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Melnber Beurskens read the following letter into the record. January 11, 1983 To: Honorable Mayor and City Council From: W. Kenneth Gearhart, City Manager Subject: Response to the Questions of Mr. Alfred Polsean INTRODUCTION The following is in response to Mr. Alfred Polsean's questions referred from the January 10, 1983, Council meeting. DISCUSSION Streets The 99 signature petition, which was submitted, requests that the cost of paving Crescent Ridge and Starlight Drive be funded entirely by City funds. This is contrary to the City's current policy of assessing major street reconstruction up to a maximum width of 31 feet, with the City funding the balance of the roadway width. The latest draft of the five-year street im- provement plan includes a three-inch asphalt overlay on Crescent Ridge as part of the 1984 Street Program. The cost of the project is estimated to be $202,270.00, all of which is assessable under current policy. A short-term manual traffic count taken in 1979 at the intersection of English Mill Road and Crescent Ridge shows the following volumes: A.M. Peak 8:00 - 9:00 English Mill Road Crescent Ridge - East Crescent Ridge - West P.M. Peak 3:30 - 4:30 English Mill Road Crescent Ridge - East Crescent Ridge - West Total Vehicles Trucks % 76 66 87% 42 7 17% 100 67 67% 30 13 43% 60 ' 13 22% 50 6 12% Special Session, January 17,1983 19 Traffic counts taken by the Iowa Department of Transportation in 1975 show the total daily volume on Cres- cent Ridge to be 510 vehicles Starlight Drive, 200 vehicles; and Cedar Cross Road, 2,134 vehicles. Although these counts range from three to seven years old, they should still be representative of the volumes hi the area, and I would not propose that additional counts be made. Sewer Line Mr. Polsean alleges that his septic system was mostly destroyed by the City's contractor and that two buried: water tanks were removed from his back yard. The first item was the source of a claim which was filed by Mr. Polsean on November 15, 1982. Although the claim was untimely filed and denied by the City Solicitor, City staff agreed to have Tschiggfrie Excavating expose the septic system lines which were allegedly removed. Mr. Polsean agreed that if the llne~ were found not to have been replaced, that Tschiggfrie Excavating would in- stall the lines at no cost. However, if the lines had been installed, as our records indicated on February 18, 1982, then Mr. Polsean was to pay Tschiggfrie Excavating for the time necessary to expose the lines. In late December, 1982, Tschiggfrie Excavating located and exposed the septic line which was allegedly remov- ed and not replaced. The City has not yet received a bill for this work, however, it is the City's intention to forward the bill to Mr. Polsean for pay- ment pursuant to the agreement. In reference to the second item con- cerhing the buried water tanks, I would advise that no tanks were en- countered in the construction of the sewer project. Monthly billings for sanitary sewer service are normally computed from water meter readings, and currently billed at the rate of $1.15 per hundred cubic foot of water consumption. Since the homes in this area were on private water systems at the time of the sewer installation, none of the homes had water meters. As an option to paying for a meter to be installed, the residents were offered a fiat consump- tion rate of twelve hundred cubic feet per month. Customers not satisfied with the flat rate charges may at any time upon the installation of a meter be transferred to billings based upon actual water consumption. Watermain The watermain on Crescent Ridge was placed on the south side of the pavement to avoid conflict with the gas main located on the north side. Furthermore, this alignment would have conflicted with front yards, gravelled parking area, driveways, trees and bushes~ ali of which were avoided with the alignment chosen. The result was a lower overall con- struction savings on the project. The watermain is sixteen inches in diameter. This is a larger main than is necessary to service the Crescent Ridge area, and is sized for future development and looping of the water system. Estimates we have received on similar connections to the watermain in this area range from $1,200.00 to $1,500.00, assuming that the fine is bored under the pavement, as opposed to the $2,500.00 which Mr. Polsean has quoted for the connection. ACTION REQUIRED This memorandum should be receiv- ed and filed. A copy has already been forwarded to Mr. Polsean. I would also advise that preparation of this response to Mr. Polsean consumed ap- proximately three hours of various City staff member's time in data col- lection, composition, and typing time. Council Member Hanunel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Fiscal Year 1982 Audits as prepared by Helle, Klosterman and Co., and the Auditor's findings and recommendations, along with the City's response, presented and read, Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the ~ollow- ing vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Krunfeldt. Nays--None. Communication of City Manager 20 Spedal Session, January 17, 1983 submitting Fiscal Year 1982 Annual Financial Report, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. John Schublin, Ex. Dir. of Winter Wonderland, requested Council per- mission to use the water near the Dubuque Marina for ice skating and ice fishing on Jan. 28th and Jan. 29th. Council Member Klauer moved that the request to referred to Staff for ac- tion and advice and report back before Jan. 28th if a meeting is held. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel; Klauer, Khiesner. Nays--Council Member Kronfeldt. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved. .1983 Adopted .1983 Mayor Council Members ATTEST: City Clerk Special Session, January 28, 1983 21 CITY C0UNClL1 Manager of Jeld-Wen advised they OFFICIAL Special Session, January 28, 1983. Council Met at 4:45 p.m., Council Chambers, City Hail. Present--Council Members Beur- skens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. Absent--Mayor Brady, Corporation Counsel Harley F. Stark, Jr. Mayor Pro-Tern Kluesner read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider a RESOLUTION AUTHORIZING FILING OF AN APPLICATION WITH THE ECONOMIC DEVELOP- MENT ADMINISTRATION, and ac~ ting upon such other business which may properly come before the Council. Communication of City Manager submitting the proposed second phase of the Dubuque Industrial Center and recommending Council approve an ap~ plication to the Economic Develop- ment Administration for grant funds to undertake that project, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner Council Members Beurskens, Deich, Hammel, Klauer, Nays--None. Abstain--Council Member Kronfeldt. Absent--Mayor Brady. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the renewing vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Klauer, Kronfeldt. Nays--Council Member HammeL Absent--Mayor Brady. Daniel Dittemore, representing the Chamber of Commerce, addressed the Council requesting to proceed with the project to be known as Phase II and located on Chavenelie Road extension which is on the west side of Radford Road- Stated Jeld-Wen is interested in relocating to that area so as to have Mr. Bill Scharmann, General Plant were very interested in area west of Radfurd Road and south of Chavenelle Road Extension - But not prepared at this time to make a firm committment. RESOLUTION OF GOVERNING BODY OF APPLICANT RESOLUTION NO. 15-83 Resolution Authorizing Filing of Ap- plicatinn with the Economic Develop- meat Administration, U.S. Depart- ment of Commerce, United States of America, for a Grant under the Terms of Public Law 89-136, as Amended. WHEREAS, under the terms of Public Law 89-136, as amended, the United States of America has authorized the making of grants to public bodies and private nonprofit organizations or associations to aid in financing the construction of specific projects: NOW, THEREFORE, BE IT RE- SOLVED By the City Council of the City of Dubuque, Iowa: 1. That James E. Brady, Mayor, is hereby authorized to execute and file an application on behalf of The City of Dubuque, Iowa with the Economic Development Administration, U.S. Department of Commerce, for a grant to aid in financing the construction of Industrial park infrastructure, in- chiding sewer & water mains, lighting and access roads. 2. That the above named authorized representative is hereby authorized and directed to furnish such informa- tion as the Economic Development Administration, U.S. Department of Commerce, may reasonably request in connection with the application which is herein authorized to be filed, and further is authorized to accept any of- fer of grant which may be tendered by the Economic Development Ad- ministration, U.S. Department of Commerce. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dubu- que, Iowa, does hereby certify: That the attached resolution is a true and correct copy of the resolution, authorizing the filing of application with the Economic Development Ad- 22 Special Session, January 28, 1983 ministration, U.S. Department of Commerce, as regularly adopted at a legally convened meeting of the City Council of Dubuque, Iowa duly held on the 28th day of January, 1983; and fur- ther that such resolution has been ful- ly recorded in the journal of pro- ceedinge and records in my office. In Witness Whereof, I have hereun- to set my hand this 28th day of January, 1983. Seal Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Pro-Tern Khiesner, Council Members Beurskens, Deich, Hammel, Klauer. Nays--None. Abstain--Council Member Kronfeldt. Absent--Mayor Brady. Communication of Dubuque In- Futuro, Inc. requesting approval of an Amendment to the Frommelt Land Purchase Contract for property located in the Dubuque Industrial Center, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tern Khiesner Council Members Beurskens, Deich, Hammel, Klauer. Nays--None. Abstain--Council Member Kronfeldt. Absent--Mayor Brady. RESOLUTION NO. 16-83 A Resolution Approving an Amend- ment to a Contract for Purchase of Real Estate with Frommelt In- dustries, Inc. and Dubuque In-Futuro Inc. WHEREAS, Frommelt Industries Inc., Dubuque In-Futuro, Inc. and the City of Dubuque, Iowa have heretofore entered into a Contract for Purchase of Reel Estate, dated May 4, 1981; and, WHEREAS, pursuant to said Con- tract, an industrial development site has been graded and improved for Frommelt Industries, Inc. in the Dubuque Industrial Center, and which site may now be conveyed to From- melt Industries, Inc. in fulfillment of that Contract; and, WHEREAS, the site to be conveyed to Frommelt Industries, Inc. is known to comprise less area than had been specified in the original Contract, and for which reason the parties have agreed to adjust the terms of sale of said parcel; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amendment to the Contract for Purchase of Real Estate, hereto attached and marked Exhibit "A", be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the ap- proval of the City of Dubuque, lowa upon the said Amendment to Contract for Purchase of Real Estate. Passed, adopted and approved this 28th day of January, 1983. Loras J. Kluesner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tem Kinesner, Council Members Deich, Hammel, Klauer. Nays--None. Abstain--Council Member Kronfeldt. Absent--Mayor Brady. RESOLUTION NO. 17-83 WHEREAS, Applications for Li- quor 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 relevant thereto and they have filed proper bonds; Special Session, January 28, 1983 NOW, THEREFORE, BE IT RE- SOLVED, By the CRy Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE T F M Co. 1236 Iowa Street Passed, adopted and approved this 28th day of January, 1983. Loras J. Khiesner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kinesner, Council Members Beurskens, Delch, Hammel, Klauer, Kronfeldt. Nays--None.. Absent--Mayor Brady. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Pro-Tern Kluesner. Council Members Beurskens, Deict Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Mary A. Davis City Clerk Approved__198 Adopted .1983 Mayor Council Members ATTEST: City Clerk 23