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1983 March Council Proceedings 54 Special Session, February 28, 1983 sion at 8:54 P.M, Mayor Brady an- nounced direction had been given to Corporation Counsel regarding mat- ters presently in litigation. There being no further Council Member Kluesner moved to adjourn. Seconded by Councll Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Councll Mem- bers Beurskens, Deich, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Hammel. Work Session followed regardin development of Chaplain Schmitt Har- bor. Mary A. Davis City Clerk Approved__ A983 Adopted .1983 Mayor Regular Session, March 7~_~_, 1983 CITY COUNCIL OFFICIAL ReguJar Session, March 7, 1983. Council Met at 7:30 o'clock p.m., Council Chambers, City Hall. No members of the Council being present, the meeting was adjourned subject to call Mary A. Davis City Clerk Approved_ Adopted _1983 --1983 Mayor Council Members ATTEST: City Clerk 55 Council Members ATTEST: City Clerk Special Session, February 28, 1983 sion at 8:54 P.M. Mayor Brady an- nounced direction had been given to Corporation Counsel regarding mat- ters presently in litigation. There being no further business, Council Member Kluesner moved to adjourn. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady~ Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member HammeL Work Session followed regarding development of Chaplain Schmitt Hat- bot. Mary A. Davis City Clerk Approved 1983 Adopted _1983 Mayor Council Members ATTEST: City Clerk Regular Session, March 7, 1983 CITY COUNCIL OFFICIAL Regular Session, March 7, 1983. Council Met at 7:30 o'clock p.m., Council Chambers, City Hall. No members of the Council being present, the meeting was adjourned subject to call. Mary A. Davis City Clerk Approved. _1983 Adopted __1983 Mayor Council Members ATTEST: City Clerk 55 56 Special Session, March 12, 1983 CITY COUNCIL: OFFICIAL Special Session, March 12, 1983. Council Met at 9:00 o'clock a.m., at the Five Flags Theater (4th & Main Sts.) 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 nmde and this Meeting is called for the purpose to CONDUCT A PUBLIC HEARING PROVIDING FOR THE ADOPTION OF THE FIVE YEAR CAPITAL IMPROVE- MENT BUDGET AND OTHER DOCUMENTS PERTAINING TO THE BUDGET and acting upon such other items which may properly come before the Council. Council Member Kluesner 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 following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to b the Publisher, on Notice of Public Hearing providing for the establish- ment of Zoning Application Fees by Resolution, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 4-83 AN ORDINANCE REVISING AP- PENDIX A OF THE CODE OF OR- DINANCES BY ENACTING A NEW ARTICLE X FEES, IN LIEU THEREOF, PROVIDING FOR THE ESTABLISHMENT OF ZONING APPLICATION FEES BY RESOLU- TION, said Ordinance having been presented and read at the Council Meeting of February 21, 1988, presented for final adoption. ORDINANCE NO. 4-83 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'L BY REPEALING ARTICLE X SCHEDULE OF FEES, AND ENACTING A NEW ARTICLE X FEES, IN LIEU THEREOF, PRO- VIDING FOR THE ESTABLISH- MENT OF ZONING APPLICATION FEES BY RESOLUTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Io9n", by repealing Arti- cle X Schedule of Fees thereof, and enacting a new Article X Fees in lieu thereof, as follows: "ARTICLE X FEES Section 10-101. Fees Required Any application for the following shall be accompanied by the requisite fee: 1. Variance. 2. Conditional use permit. 3. Appeals to the Board of Adjust- ment, 4. Amendment to this ordinance, 5. Reclassification of property. 6. Planned unit development proce- dures (including requested expansions of C-6 or ID Districts subject to PUD procedures.) 7. Site plan review. 8. Temporary sign certificate. Section 10-102. Amount of Fee The amount of each fee shall be as established by Resolution of tl, e City Council in an official schedule of plan- ning and zoning fees. Section 10-103. Payment Ali fees shall be collected by the City Development Planner at the time of application for deposit with the City Treasurer. Section 10-104. Exempted from Fees No fee is required for 'applications filed in the public interest by members of the City Council, the Planning and Zoning Commission, the Board of Zen- lng Adjustment or the City Manager." Section 2. That the foregoing amendment has heretofore been Special Session. March 12, 1983 57 approved by the Planning and Zoning ('ommission of the City of Dubuque, iowa. PASSED, APPROVED AND AI)OPTED this 12th day of March, 1983, James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 18th day of March, 1983. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing providing for the establish- ment of Subdivision Plat Review Fees by Resolution, presented and read. There were no written objections received and no oral objectors present at the time sot for the Hearing. Coun- cfi Member Hammel moved that the proof of publication be received and fil- ed. Seconded by Council Member Kronfoldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesnor, Kronfeldt. Nays--None. ORDINANCE NO. 5-83 An ORDINANCE Amending the Code of Ordinances by enacting a new Sec- tioo 34~19 of Article II in lieu thereof, providing for the establishment of Subdivision Plat Review Fees by Resolution, said Ordinance having been presented and read at the Council Meeting of February 21, 1983, presented for final adoption. ORDINANCE NO. 5-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING CHAPTER 34 THEREOF, ALSO KNOWN AS THE "SUBDIVISION REGULATIONS OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 34-19 OF ARTICLE II THEREOF AND ENACTING A NEW SECTION 34-19 OF ARTICLE II IN LIEU THEREOF, PROVIDING FOR THE ESTABLISHMENT OF SUBDIVI- SION PLAT REVIEW FEES BY RESOLUTION. 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, he amended by revising Chapter 34 thereof', also known as the "Subdivi- sion Regulations of the City of Dubuque, Iowa", by repeahng Section 34-19 of Article II thereof and enact- ing a new Section 34-19 of Article II in lieu thereof, as follows: "Section 34-19. Application Fee for Subdivision Plat Review Required. No plat for any subdivision or resub- division shall be considered filed for review, unless and until said plat is accompanied by a fee in the amount as established by resolution of the City Council in an official schedule of planning and zoning fees." Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Conmdssion of the City of Dubuque, Iowa. PASSED, APPROVED AND ADOPTED this 12th day of March, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 18th day of March, 1983. Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem~ bers Beurskens, Deich, Hammdi, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 44-83 Resolution Adopting an Official Schedule of Planning and Zoning Fees WHEREAS, the City of Dubuque, Iowa, has charged certain fees for the 58 Special Session March 12, 1983 processing of applications pursuant to the Zoning Ordinance and Subdivision Regulations; and WHEREAS, the amount of those fees, previously set torth in the Code of Ordinances, has been deleted from the Code and replaced with a general statement enabling the collection of a fee; and WHEREAS, the City Council has determined that the specific amount of such fees should be set by resolution, so that changes may be made more easily in the amount of fees, from time to time. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached "Schedule A, Planning and Zoning Fees" is hereby adopted. Section 2. That the City Clerk be and she is hereby authorized and directed to publish a complete copy of this Resolution at the same time as the publicaHon of the ordinances pro- riding for the establishment of zoning application and subdivision plat review fees by resolution. Section 3. That the schedule of fees adopted by this Resolu~on shall be in effect after passage, approval and publicaHon of this R~solution. Passed, adopted and approved this 12th day of March, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk I. BOARD OF ZONING ADJUSTMENT ACTIVITIES FEE A. VARIANCES $50 B. CONDITIONAL USES $75* C. APPEALS $25 II. PLANNING AND ZONING COMMISSION ACTIVITIES FEE $50 + $5/lot $6O $75 + $5/1ot $75 + $20/ac $300max.* $50* $75 + $25/ac $1000 max.* $6O A. SUBDIVISION REVIEW 1. PRELIMINARY PLAT 2. FINAL PLAT 3. COMBINATION B. ZONING TEXT AMEND C. REZONING 1. SUBSTANTIAL (as per Section 8-103.3 of the Zoning Ordinance) 2. NON-SUBSTANTIAL D. PLANNED UNIT DEVELOPMENT L PRELIMINARY PLAN 2. FINAL PLAN III. STAFF ACTIVITIES FEE A. SITE PLAN REVIEW None B. TEMPORARY SIGN CERTIFICATE $10 *In addition to the fee, the applicant must also refund to the City the actual cost of publication of the notice of hearing. Council Member Hammet moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher. on Notice of Public Hearing for the purpose of obtaining the view of residents of the City on Community Development and Hous- ing needs, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Special Sessior Member Klauer. Carried by the follow- lng 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 providing for the adoption of the Five Year Capital Improvement Program for the City of Dubuque; Proof of publication, certified to b~ the Publisher, on Notice of Public Hearing providing for the adoption of the City of Dubuque Budget for Fiscal Year 1983 (July 1. 1983 to June 30, 1984). presented and read. Council Member Beurskens moved that the proofs of publication be received and filed. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Dubuque Board Realtors et al (approx. 5,542 signers) requesting three taxing bodies to hold the line on property taxes for Fiscal Year 1983-84; Petition of Carolyn Menke objecting to increase of Am- bulance Fees, presented and read. Council Member Beurskens moved that the petitions be received and filed. Seconded by Council Member Klauer. Carried by the fullowing vote: Yeas--Mayor Brady, Council Mem- bers Beursksns, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petitions of David E. Bigelow, John E. Bishop, Dubuque Federation of Labor, Richard Elliott, David Mather and David J. Ross objecting to the $1 User Fee to be charged for the use of Eagle point Park and requesting that the fee NOT be enforced until after Mother's Day, presented and read. Council Member Kluesner moved that the petitions be received and filed. Seconded by Council Member Ham- mci. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. A RESOLUTION Providing for the Adoption of the Annual Budget for Fiscal Year ending June 30, 1983, presented and read. , March 12, 1983 59 Council Member Kronfeldt moved to remove the additional hangar at the Airport in the amount of $240,000 and debt service in the amount of $48,000 from the Budget. MOTION DIED FOR LACK OF A SECOND. PUBLIC INPUT- POLICE & FIRE DEPARTMENTS Judie Fjellman of the League of Women Voters stated support of the Joint Communications Center. DISASTER SERVICES No Comment. HUMAN RIGHTS DEPARTMR~T Judie Fjeliman, on behalf Of the League of Women Voters, supports the Human Rights Office, but funding on a maintenance level rather than in- crease in its budget. PUBLIC WORKS DEPARTMENT No Comments. COMMUNITY DEVELOPMENT DEPARTMENT No Comments. PARK DEPARTMENT Auleen Eberhardt of the Catholic Mothers' Study Club, objected to the proposed $1 User Fee to enter Eagle Point Park. George Freund. 158 Hill St. objected to proposed $1 User Fee to enter Eagle Point Park. Judie Fjellman, of the LWV, voiced support of User Fees. Mary Crimmins. as a Senior Citizen, objected to the $1 User Fee. Bert Vogel, 805 Euclid, objected to User Fees for Eagle Point Park. CIVIC CENTER DEPARTMENT No Comments. RECREATION DEPARTMENT No Comments. LIBRARY DEPARTMENT No Comments. AIRPORT DEPARTMENT Mary Crimmins questioned the necessity of the new $30,000 proposed hangar. Tom Manternach, 2820 Northridge Dr. stressed the necessity of providing more hangar space at the Airport. TRANSIT DEPARTMENT Dr. Wm. Neumeistor suggested that the City subsidize bus service; annex ' Barony Woods & provide services in 5 60 Special Session March 12, 1983 years to annexed areas; make 3% cut across the board; commented on Dog Ordinance and tax everybody (in- cluding churches etc.). Alice Meteker. 7941/2 Glen Oak, stressed that the Bus system must be kept going. Ruth Huggins, 2205 Rhomberg, stated buses must be kept going. Al Baumhover, 2630 Penn., re- quested the City get additional smaller buses. PUBLIC WORKS ADMINISTRATION No Comments. ENGINEERING DEPARTMENT No Comments. WATER DEPARTMENT No Comments. WASTEWATER TREATMENT PLANT No Comments. STREET DEPARTMENT Nick Yiannis, 75 J.F.K. Rd., of the West End Bus. Assn., requested that the City continue with improvements to Kennedy Rd. stating it should be paid for as with Phase I, the city pay- ing 100%. DOCK DEPARTMENT No Comments. PARKING DEPARTMENT No Comments. COMMUNITY DEVELOPMENT DEPARTMENT No Comments. HOUSING SERVICES No Comments. DEVELOPMENT SERVICES No Comments. COUNCIL RECESSED AT 10:40 A.M. COUNCIL RECONVENED AT 10:53 A.M. Council Member Beurskens moved that the $1 million added to the Street Improvement Program be deleted from the Budget. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hummel Klauer, Kluesner. Nays--Council Member Kronfeldt. CITY HALL MAINTENANCE No Comments. CITY COUNCIL No Comments. CITY MANAGER Judie Fjeilman of the LWV supports a wage freeze for non-union City employees, and support the guideline that any wage settlement over budgeted amount be taken from the operating budget of that dept. CITY CLERK'S DEPARTMENT No Comments. FINANCE DEPARTMENT No Comments. LEGAL DEPARTMENT No Comments, INFORMATION SERVICES No Comments. CONTRIBUTIONS No Comments. PURCHASE OF SERVICES Judie Fjellman of the LWV recom- mends the City make a greater effort to find and use volunteers, believing that Information and Referral Service is essential in that they have the capability and experience to establish a volunteer network for the City. Council Member Hummel moved to designate the $30,000 to Economic Development and not specified as to Purchase of Services to the Chamber of Commerce. Seconded by Council Member Beurskons. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner. Nays--Council Member Kronfeldt. CABLE TV DEPARTMENT Jim Ruprecht requested an explana- tion of the monies received and the restricted ways to use these monies. CAPITAL IMPROVEMENT BUDGET Bud Isenhart, 87 Nevada, requested clarification of the Five Year CIP Budget. Tom Manternach, questioned the changing of certain projects in the later years. Council Member Hammel moved that they delay actions of the Joint Communications Center for this year. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Hummel, Klauer, Kluesner. Special Session Nays--Council Members Beurskens, Deich, Kronfeldt. Council Member Klauer moved that they approve an additional operating expense of $5000 related to the maintenance of the Burden property. Seconded by Council Member Deich Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer Kluesner. Nays--Council Members Hummel Kronfeldt. Council Member Klauer moved that the User Fees be scratched for en- trance into Eagle Point Park, and that it remain free. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Councli Members Deich Klauer. Nays--Mayor Brady, Council Mere bers Beurskens, Hanunel, Kluesner Kronfeldt. MOTION FAILED. Council Member Beurskens moved that the Senior Citizens' Program be 100% self-supporting. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Hummel, Klauei Kluesner, Kronfeldt. Nays--Council Member Deich. Council Member Kronfeldt move~ that the Asbury Library Service Con- tract be increased to $23,670 based on the City Tax Rate for Library O. perating Budget, including debt ser- vice. Seconded by Council Member FAauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hanunel moved that the additional hangar at the Air- port be approved. Seconded by Coun- cil Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Nays--Council Member Kronfeldt. Council Member Beurskens moved that 1% be added to the proposed sewer rate increase. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- March 12, 1983 61 hers Beurskens, Deich, Hummel, Kluesner, Kronfeldt. Nays--Council Members Klauer. Council Member Deich moved that the Council Members' Salaries be in- creased from $3,000 to $4,500 effective 1-1-84 and the Mayor's Salary be in- creased from $3500 to $6000 effective with the next mayoral election. Seconded by Council Member Ham- Council Member Klauer made it a matter of record that he will not take the additional $1500 if he is at the table next year. Yeas--Council Members Deich,Ham- reel, Klauer. Nays--Mayor Brady, Council Mem- bers Beurskens, Kluesner, Kronfeldt. MOTION FAILED. Council Member Beurskens moved salaries to $3600 and the Mayor's to $5000. Seconded by Council Member Klauer. Vote on the motion was as follows: Yeas--Council Members Beurskens, Klauer. Nays--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt. MOTION FAILED. Council Member Deich moved to in- crease the Council Members' salaries to $4200 and the Mayor's to $5500. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klauer. Nays--Council Members Kluesner, Kronfeldt. Council Member Klauer moved to eliminate the proposed Insurance Study. Seconded by Council Member Beurskens. Carried by the fQilowing Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Klauer, Kronfeldt. Nays--Council Members Hammel, Kluesner. Council Member Beurskens moved to purchase additional Cable TV equip- ment. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt, 62 Special Sessior March 12, 1983 Nays--None. Judie Fjelhnan, on behalf of the League of Women Voters, commended the Council on the openness of the 83-84 City Budget Process, and sup- ports the Manager's recommended budget and the Council's guidelines to keep the tax increase at less than 10%. RESOLUTION NO. 45-83 A Resolution Adopting the Annual Budget for the Fiscal Year Ending June 30, 1984. Be It Resolved by the Council of the City of Dubuque, Iowa: The annual budget for the fiscal year ending June 30, 1984, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is adopted, and the clerk is directed to make the filings re- quired by law and to set up his books in accordance with the summary and details as adopted. Passed and approved on March 12, 1983, by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner. Nays--Council Members Klauer, Kronfeldt. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, as amended. Seconded by Counci Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner. Nays--Council Member Klauer, Kronfeldt. RESOLUTION NO. 46-83 Adoption of Five Year Capital Im- provement Program. WHEREAS, a recommended Five Year Capital Improvement Program for the period beginning July 1, 1983 and endlng June 30, 1988 for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the Five Year Capital Improvement Program: 1) describes specific capital improve- ment projects; 2) provides estimated costs for those projects; 3) proposes sources of funds for each of them; and 4) schedules the year during which each project will be undertaken; and WHEREAS, the Capital Improve- ment projects for the first year are in- cluded in the Fiscal Year 1984 budget for the City of Dubuque; and WHEREAS, the Five Year Capital Improvement Program will be recon- sidered annually by the City Council and appropriately revised; and WHEREAS, the proposed Five Year Capital Improvement Program pro- vides for the issuance of essential cor- porate purpose General Obligation Bonds in the amount of $1.940,000 to be sold in calendar 1983 for Fiscal Year 1984 and Fiscal Year 1985 pro- jects, including $1,146,250 for street improvement projects, $766,163 for airport improvement projects, and $27,587 for bond issue expense; and WHI~REAS, the adoption of the Five Year Capital Improvement Pro- gram is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five Year Capital Improvement Program for the period beginning July 1, 1983 as set out in the Fiscal Year 1984-1988 Recommended Capital Improvement Budget as amended is hereby approved and adopted as the proposed allocation of City resources for capital im- provements as scheduled in the years shown, subject to annual review and revision. Passed, adopted and approved this 12th day of March, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Special Session Council Member Kluesner moved adoption of the Resolution, as amend- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner. Nays--Council Member Kronfeldt. ORDINANCE NO. 6-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING SECTION 31-18 OF ARTICLE III OF CHAPTER 31 THERETO PROVIDING FOR SERVICE CHARGED BY THE POLICE DEPT. ($15 FOR OPENING ANY MOTOR VEHICLE OR GAINING EN- TRANCE TO ANY STRUCTURE, EFFECTIVE 7-1-83), presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken be dispensed with. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 6-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING SECTION 31-18 OF ARTICLE III OF CHAPTER 31 THERETO PROVIDING FOR SER- VICE CHARGES BY THE POLICE DEPARTMENT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa be amended by enacting Section 31-18 March 12, 1983 63 of Article III of Chapter 31 thereto as follows: ARTICLE III Sec. 31-18. Service Charges. (a) Persons requesting assistance from the Police Department for opening any motor vehicle or gaining entrance to any structure shall be liable for the payment of a fifteen dollar ($15.00) ser- vice charge per call. (b) Nothing in this Section shall be in- terpreted as requiring or assuring any specific response by the Police Depart- ment. Passed, adopted and approved this 12th day of March, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 30th day of June, 1983. Mary A. Davis City Clerk I t 6/30 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 7-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 14-26 THERETO PROVIDING FOR SER- VICE CHARGES BY THE FIRE DEPT. ($15 FOR OPENING MOTOR VEHICLE OR GAINING EN- TRANCE TO ANY STRUCTURE; $15 FOR RETRIEVAL OR EX- TRICATION OF DOMESTICATED ANIMALS; AND $50 PER HOUR FOR PUMPING OR REMOVAL OF LIQUIDS FROM ANY BUILDING OR EXCAVATION), (EFFECTIVE 7-1-83), presented and read. Council Member Klauer moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Hammel. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. 64 Special Session March 12, 1983 Nays--None. Council Member Klauer moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 7-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 14-26 THERETO PROVIDING FOR SER- VICE CHARGES BY THE FIRE DEPARTMENT, NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or dinances of the City of Dubuque, Iowa be amended by enacting a new Section 14-26 thereto as follows: Sec. 14~26. Service Charges. (a) Persons requesting assistance for any of the following services from the Fire Department shall be liable for the payment of the scheduled fee: (1) For opening any motor vehicle or gaining entrance to any structure, fif- teen follars ($15.00). (2) For the retrieval or extrication of a dog, cat, or other domesticated animal, fifteen dollars ($15.00). 13) For the pumping or removal of li- quids of any nature from any building or excavation other than liquids deposited in such area as a result of fireflghting activities, fifty dollars {$50.00) per hour or any fraction thereof. (b) Nothing is this Section shall be in- terpreted as requiring or assuring any specific response by the Fire Depart- Passed, adopted and approved this 12th day of March, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 30th day of June, 1983. Mary A. Davis City Clerk I t 6/~O Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 8-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 14-27 THERETO PROVIDING FOR STANDBY FIRE EQUIPMENT SERVICE FOR A FEE (HELICOPTER LANDING $100 PER HOUR OR FRACTION THEREOF AND $50 FOR EACH ADDITIONAL HOUR OR FRACTION THEREOF), (EFFECTIVE 7-1.83), presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich,. Hammni, Kinuer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 8-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 14-27 THERETO PROVIDING FOR STANDBY FIRE EQUIPMENT SERVICE FOR A FEE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session Section 1. That the Code of dinanees of the City o/Dubuque, Iowa be amended by enacting a new Section 14~27 thereto as follows: Sec. 14-27. Standby Servlce. (a) Whenever fire equipment and fire personnel are requested to standby for a helicopter landing or [or any other reason, there shall be paid to the City a fee for such service at a rate of one hundred dollars ($100.00) per hour or any fraction thereof for the first hour and fifty dollars ($50.00) per hour or any fraction thereof for each suc- ceedlng hour per each helicopter lan- ding and takeoff or for any other quest for such standby service. (b) The fee as set forth above shall be in addition to any fees or charges prescribed for ambulance service in Sections 18-52 through 18-56 of this Code. Passed, adopted and approved this 12th day of March, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 30th day of June, 1983. Mary A. Davis City Clerk I t 6/30 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammni Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 9-83 AN ORDINANCE AMENDING THI~ CODE OF ORDINANCES BY AD- DING A NEW UNNUMBERED PARAGRAPH TO SECTION 18-52 THEREOF PROVIDING FOR A NEW SCHEDULE OF AM- BULANCE FEES AND CHARGES EFFECTIVE JULY 1, 1983, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Council Members Beurskens March 12, 1983 65 Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady. ORDINANCE NO. 9-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AD- DING A NEW UNNUMBERED PARAGRAPH TO SECTION 18-52 THEREOF PROVIDING FOR A NEW SCHEDULE OF AM- BULANCE FEES AND CHARGES EFFECTIVE JULY 1, 1983. NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa be amended by adding a new un- numbered paragraph to Section 18-52 to read as follows: "Section 18-52. Rates; established. Effective July 1, 1983, the following schedule of rates and charges shall by in effect for City ambulance service. 1) For transporting one (1) person from any point within the city limits to any other point within the city limits: a) Prescheduled routine transfers or Between 8:00 a.m. to 8:00 p.m. $65.00/trip Between 8:00 p.m. to 8:00 a.m. $85.00/trip b) Emergency calls not requiring ad- $85.00/trip c) Emergency trips requiring ad- vanced emergency medical care $125.00/trip 21 For transporting one ID person from any point outside of the city limits to any point within the city limits or to any point outside of the city limits from within the city limits, the rate shah be as set forth in paragraph (D above, plus a twenty-four dollar 66 Special Sessior ~ March 12, 1983 ($24.00) surcharge, plus one dollar ($1.00) perload mile per trip. The sur- charge shall not be applicable to residents of the City. 3) In addition to the above charges, there may be imposed a further charge of twenty-five dollars ($25.00) per hour, or fraction thereof, for delays in excess of ten (10) minutes not caused by the ambulance driver. 4) Responding to calls where emergen- cy medical care is provided, but transportation is refused: a) Service provided within the city limits $51.00/person b) Service provided outside the city limits $85.00/person 5) For the return transportation of any person within four (4) hours of transportation provided under paragraph (1) or paragraph (2) above, the charge for the return transporta- tion shall be sixty (60) percent of the scheduled charge." Passed, adopted and approved this 12th day of March, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 30th day of June, 1983. Mary A. Davis City Clerk It 6/30 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady ORDINANCE NO. 10-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 7-33(a) IN LIEU THEREOF PROVIDING FOR DOG LICENSE FEES, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Councll Member Klauer. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krpnfeldt. Nays--Council Member Klauer. ORDINANCE NO. 10-g3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 7-33(a) THEREOF AND fly ENACTING A NEW SECTION 7-331a) IN LIEU THEREOF PROVIDING FOR DOG LICENSE FEES NOW, TttEREFORE, BE Iq' ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi~ nances of the City of Dubuque, Iowa be amended by repealing Section 7- 33(a) thereof and by enacting a new Section 7-33(a) in lieu thereof as fol- Sec. 7-33. Dogs - License Fee. (a) Effective April l, 1982, the license fee per calendar year, or fl'ac- tion thereof, for a dog license shall be five dollars ($5.00) for each neutered dog and ten dollars ($10.00) for each dog net neutered. Effective April 1, 1983, the license fee per calendar year, or fraction thereof, for a dog license shall be six dollars ($6.00) for each neutered dog and eleven dollars ($11.00) for each dog not neutered. Passed, approved and adopted this 12th day of March, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Tele~'aph llerald newspaper this 18th day of March, 1983. Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Special Session ORDINANCE NO. 11-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 36-161 OF DIVISION 4 IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES, presented and read. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. ORDINANCE NO. 11-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-161 OF DIVISION 4 THEREOF, AND ENACTING A NEW SECTION 36- 161 OF DIVISION 4 IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Section 36- 161 of Division 4 thereof, and enact- ing a new Section 36-161 of Division 4 in lleu thereof as follows: "Sec. 36-161. Residential, Commer- cial and Industrial Uses. A. Commencing with all billings on April 1, 1983, the rates to be charged for water tbr residential, commercial, industrial and other uses and purposes by any person, firm or corporation supplying water within the City shall be fixed and determined as follows: I. Water rates for users within the city whose meters are read monthly shall be as follows: March 12, 1983 67 Charge Per Hundred Consumption Cubic Feet First 3,000 .................... $1.08 Ne,xt 12,000 .................. 0.90 Next 35,000 .................. 0.80 Next 50,000 .................. 0.70 Over 100,000 ................. 0,63 The minimum monthly charge according to the size of the meters shall be as follows: Meter Size Minimum Allowance (inches) Charge (cubic feet) 5/8 $ 2.16 200 3/4 8.64 800 1 1/4 22.68 2,10() 1 1/2 28.08 2,6(10 2 "46.80 4~600 3 100.80 10,600 4 154.80 16,800 6 314.80 36,800 8 507.90 62,500 B. Commencing with all billings on and after April 1, 1983, the rates to be charged for water supplied by the City to resldential, commercial, industrial and other uses and purposes by any person, firm or corporation, outside the corporation limits of the City of Dubuque, Iowa, shall be at one hun- dred fifty (150) percent of the rates set forth hereinabove. C. For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated consump- tion. For estimated billings, either on alternate months or when readings are not obtainable for any reason, con- sumption will be predicated on monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related con- sumption for the size of the meter in service for the particular account as shown in subsection A.1. D. If requested by the customer, a remote reading device may be installed and billed on an installment contract over a maximum of a six-month period. E. Proper adjustments from esti- mated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the customer's next regular bill." Section 2. This ordinance shall be in full force and effect on April 1, 1983, after its adoption and publication as provided by law. PASSED, APPROVED AND ADOPTED this 12th day of March, 1983. 68 Special Seesior ~ March 12, 1983 ATTEST: ,JAMES E. BRADY MARY A. DAVIS MAYOR CITY CLERK Published officially in the Telegraph Herald newspaper this 18th day of March 1983. Mary A. Davis I~ 3/18 City Clerk Council Member Kluesnor moved final adoption of the Ordinance. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady. Council Mere bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. ORDINANCE NO. 12-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 36-56 OF DIVISION 4 IN LIEU THEREOF TO PROVIDE FOR A REVISION OF SEWER RATES AND CHARGES, presented and read. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or. dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mere bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Council Member Kluesner moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- fled by the following vote: Yeas--Mayor Brady, Council Mere bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. ORDINANCE NO. 12-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY REPEAL- ING SECTION 36-56 OF DIVISION 4 THEREOF~ AND ENACTING A NEW SECTION 36-56 OF DIVISION 4 IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES. NOW, TItEREFORE, BE IT ORI)AINEI) BY THE CITY COUN- CIL OF THE crrY OF DUBUQUE, 10WA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Section 36- 56 of Division 4 thereof, and enacting a new Section 36-56 of Division 4 in lieu thereof to provide as foliows: "ARTICLE II DIVISION 4. RATES Sec. 36-56. Established. On and after April 1, 1983, contribu- tore whose property lies within the cot- porate limits of the City~ except as otherwLse provided in this division, shall pay to the City. through its col- lection agent at its office at the same time payment for water service is lnade, a sewer service charge computed on water consumption on the following rates: A. Basic charges: The sewage rates and charges shall be based on the quantity of water used nn or in the property or premises. For ali custom- ers utilizing sewer service, bills will be issued montbly. When a water meter is not read monthly for any reason, bills ~ll be issued on estimated consump- tion. For estimated billings, either on alternate months or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing wit be predicated on the mini- mum charge and related consumption identified in this section for the size of the water meter in service for the par- ticular account. B. Schedule of rates: Monthly Rates Rate per each 100 cubic feet $1.21 C. Service charge: 1. When a parcel of real estate, prop- erty or building discharging sanitary sewage, industrial wastes, w~ter or other approved waste, either directly or indirectly, into the City's sanitary sewer system, is not a user of water supplied by the City and the water used thereon or therein is not accept- able to the City, the amount of water u~d sball be determined by the City in such manner as the City Manager may elect to establish the rate of charge as provided in this divisinm or the owner or other interested parties at his expense, may install and maintain a meter acceptable to the City for said 2. When a parcel of real estate, prop- erty or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary plied by the City and in addition uses ~ater from anotber source which is not Special Sesaioe, March 12, 1983 City, the amount of water used shall be determined by the City in such a manner as the City Manager may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at his expense may install and maintain a meter acceptable to the City for said purpose. 3. When a parcel of real estate, prop- crty or building discharging sanitary sewage, industrial wastes, water or other approved waste either directly or indirectly into the City's sanitary sewer system, is not a user of water supplied by the City, the amount of sanitary sewage, industrial wastes, water or other approved waste dis- charged into the sanitary sewer system shall be determined by the City in such a manner as the City Manager may elect in order to establish the rate of charge as provided in tbis division, or ti~e owner or otber interested parties at }lis expense, may install and maintain a sewage meter acceptable to the City for said purpose. 4. The City Council may in its dis- cretion, upon application, permit con- nection to the City sanitary sewer system of properties located outside the corporation limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than the rates herein estab- ILshed for City users. 5. In order that the rates and charges may be modestly and equita- bly adjusted to the service rendered, the City shall have the right to base its charges not only in volume but also on the strength and character of the sewage and wastes deposited in the system by the contributor. The City shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the City's sanitary sewage system in such manner and by such methods as it may deem practicable in tbe ligbt of the condi- tions and ch'cumstances of the case in order to determine the proper charge. Extra charges shall be applicable and negotiated with dischargers on an individual contract basis when concen- tration of the sewage exceeds three hundred (300) milligrams per liter of biochemical oxygen demand, three hundred fifty (350) milligrams per liter of suspended solids or two (2) percent or more of the flow rate into the sew- age treatment plant. 6. The rates and charges may be billed the tenant or tenants occupying the properties served, unlss otherwise requested in writing by the owners, but such billing shall in no way relieve the owner fi'om liability in the event pay- ment is not made as required in this division. 7, Where the quantity of water c~on~ sumed is such that the minimum water service is charged, the minimum sewer service charge, according to the size of the meter, sbali be as follows: Monthly Rates Meter Minimum Allowance (Inches) Charge (Cubic Feet) 5/8 $ 2.42 200 3/4 9.68 800 1 15.73 1,300 1 ~ 25.41 2,100 1 V~ 31.46 2,600 2 55.66 4,600 3 128.26 10,600 4 203.28 16,800 6 445,28 36,809 8 756.25 62,500 D. Provisions of this section shall be applicable for all billings on and after April 1, 1983." Section 2. This ordinance shall be in full force and effect on April 1, 1983, after its final adoption and publication as provided by law. PASSED, APPROVED AND ADOPTED this 12th day of March, 1983. JAMES E. BRADY MAYOR ATFEST: MARY A. DAVIS CITY CLERK Published officially in the Telegraph Herald newspaper this 18th day of March, 1983. Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Beur. skens. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bets Beurskens, Deicb, Hammel, Kluesner. Kronfeldt. Nays--Council Member Klauer. AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENACTING A NEW SECTION 2-21 IN LIEU THEREOF TO PROVIDE FOR THE COMPENSATION OF THE MAYOR AND CITY COUNCIL 70 Special Seseio~, March 12, 1983 MEMBERS ($4200 FOR COUNCIL MEMBERS AND $5500 FOR MAYOR), presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading, that the rule requiring an Ordinance to be presented and read at two meetings prior to the Meeting when final action is taken, be dispensed with and final adoption of the Ordinance. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer. Nays--Council Members Khiesner, Kronfeldt. MOTION FAILED DUE TO LACK OF *A VOTE. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer. Nays--Council Members Kluesner, Kronfeldt. Executing Petition of Dubuque Con- ference Board requesting a change in the Code of Iowa to correct a property tax collection problem that is creating a burden in their jurisdiction (to be for- warded to State Legislatorsl, presented and read. Council Member Klauer moved ap- proval of the execution. Seconded by Council Member Kluesner. 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 Regular Adjourned Session, March 14, 1983 71 CITY COUNCIL OFFICIAL Regular Adjourned Session, March 14, 1983, Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, HammeJ Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cot- potation Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is AN AD- JOURNED REGULAR SESSION OF MARCH 7, 1983. called for the pur- pose to act upon such business which may properly come before the Council. Invocation was given by Rev. Robert Wiederaenders, Archivist for the American Lutheran Church. PROCLAMATION: March 18 to 23 as "National Agriculture Week" received by Jim Theisen. Mr. Matt Ross of the Iowa Concrete Paving Association presented to the Mayor the awards the City had earned via its Engineering Dept.-the Municipal Paving Award and the FAUS Award. 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 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 to reclassify property located east of J.F.K. Road from R-5 Multi- Family Residential District to C-3 Arterial Business Commercial District (requested by Lyle Kopp), presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Court- cfi Member Kluesner moved to receive and file the proof of publication. Seconded by Council member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 13-83 AN ORDINANCE AMENDING AP- PENDIX A OF THE CODE OF OR- DINANCE PROVIDING THAT LOT 1 OF 2 OF 2, AND LOT 2 OF 2 OF 2, BOTH OF THE WEST ONE-HALF OF THE NW ¼ OF NW ¼ SECTION 27 T89N, RANGE 2 BE RECLASSIFIED FROM R-5 MULTI- FAMILY RESIDENTIAL DISTRICT TO C-3 ARTERIAL BUSINESS COMMERCIAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of February 211 1983, presented for final adoption. ORDINANCE NO. 13-8',) AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING TtiAT 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 LOCATED EAST OF JOHN F. KENNEDY ROAD FRGM R-5 MULTI-FAMILY RESIDEN- TIAL DISTRICT TO C-3 ARTE- RIAL BUSINESS COMMERCIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the Miry of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-5 Multi-Family Residential Dis- trict'' to C-2 Local Service Commer- cial District", to wit: Lot I of Lot 2 of Lot 2, and Lot 2 of Lot 2 of Lot 2, both of the West one half of the Northwest one quarter of the Northwest one quarter, Section 27, Township 89 North, Range 2 East of the 5th Principle Meridian in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, PASSED, ADOPTED AND APPROVED this 14th day of March, 1983. Jmnes E. Brady, Mayor ATTEST: Mary A. Davis City Clerk 72 Regular Adjourned Sessior Published officially in the Telegraph Herald newspaper this 21st day of March, 1983. Mary A. Davis City Clerk It 3121 Council Member Kluesner moved final 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. Proof of publication, certified to b~ the Publisher, on Notice of Public Hearing to approve the preliminary development plan and reclassify pro- perty located north of Highway 20, west of Collins St., and east of Princeton Pl. and McCormick St., from R-2 Single Family Residential District to ID Institutional District (requested by the University of Dubuque), presented and read. There were no written objections received. Mr. Wayne Norman of the Universi- ty of Dubuque spoke to the matter, re- questing the rezoning. Council Member Klauer moved that the proof of publication be received and filed. Soconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel Klauer, Kluesner. Nays--Council Member Kronfeldt. ORDINANCE NO. 14-83 AN ORDINANCE AMENDING THI~ CODE OF ORDINANCES BY PROVING THE PRELIMINARY DEVELOPMENT PLAN AND RECLASSIFYING LOT 1 OF 1 OF STEFFEN'S PLACE AND THAT SOUTHERLY PORTION OF LOT 1 OF 1 OF 2 OF M.L. 156 EXTENDING FROM THE NORTH R/W LINE OF LOMBARD ST. IN THE CITY FROM R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT TO lB INSTITUTIONAL DISTRICT, said Ordinance having been presented and read at the Council Meeting et Februry 21, 1983, presented for final adoption. ORDINANCE NO. 14-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, , March 14, 1983 IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAi' OF THE CITY OF DUBUQUE, IOWA" BY APPROVING THE PRE- IAMINARY DEVELOPMENT PI.AN AND BY RECLASSIFYING HEREINAFTER DESCRIBED FROPERTY OF THE UNIVERSITY OF DUBUQUE FROM "R-2 SIN- GLE-FAMILY RESIDENTIAL DIS- TBICT" TO "ID INSTITUTIONAL WHEREAS~ the University of Dubuque, as the institution, has filed a Preliminary Development Plan and application for reclassification of hereinafter described property in com- pliance with provisions of the ID Insti- tutional District regulations as set lbrth in Section 4-118.6 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on the Preliminary Develop- ment Plan and zoning reclassification of said property from "R-2 Single- Family Residential District" to "ID Institutional District" pursuant to required published notice; and WHEREAS, the Planning and Zon- ing Commission has approved the Pre- liminary D~velopment Plan and said application for zoning reclassification having found that said Preliminary Development Plan conforms with the review standards for Institutional pre- liminary development plans as set forth in Section 4-118.6.4 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, tbe Planning and Zon- ing Commission has recommended the concm~ence of the City Council in approval of the Preliminary Develop- ment Plan and zoning reclassification; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own public hearing on said Freliminary Development Plan and said application for zoning reclassifica- tion pursuant to required published notice; and WHEREAS, the City Council has approved the Preliminary Develop- ment Plan and zoning reclassification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Regular Adjourned Session, March 14, 1983 73 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 adoption of a Preliminary Development Plan and by reclassification from "R-2 Single-Fam- ily Residential District" to "ID Insti- tutional District", the following described property, to wit: Lot I of Lot 1 of Steffen's Place and that southerly portion of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 156 extending from the north fight-of- way line of Lombard Street in the City of Dubuque, Iowa, Section 2. That failure by the Insti- tution to file a final development plan within one (1) year of the effective date of this Ordinance may require resubmission of a Preliminary Develop- ment Plan subject to the requirements of Section 4-118.6,3 of Article IV of Appendix A of the Code of Ordinances of the City of Dubuque, Iowa, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, PASSED, ADOPTED AND APPROVED this 14th day of March, James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Fublished officially in the Telegraph Herald newspaper this 21st day of March, 1983. Mm'y A, Davis City Clerk I t 3/21 Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, Nays--Council Member Kronfeldt. Communication of P & Z approving request of Hincrest Family Services for preliminary development plan ap- proval and zoning reclassification for property located at 2005 Asbury Rd., presented and read. Council Member Beurskens 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. An Ordinance Amending the Code of Ordinances by conditionally approv- ing the preliminary development plan and reclassifying property of Hillcrest Family Services from R-2 Single- Family Residential District and R-3 Multi-Family Residential District to ID Institutional District, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings ~rior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on April 4, 1983, at 7:30 p.m. at the City Hall Council Chambers and that the City Clerk be instructed to publish notice of the meeting in the manner required by law. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Conununication of City Manager submitting bidding procedures and supporting documents for the Cres- cent Ridge Sanitary Sewer, Phase II 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 Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 74 Regular Adjourned Session, March 14, 1983 NECESSITY FOR IMPROVEMENT RESOLUTION NO. 47-83 . WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing amoung other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council. for the Crescent Ridge Sanitary Sewer. Phase II. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvemont, and unless property owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the spec'mi assess- ment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Court- cfi and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 14th day of March, 1983. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved ap- proval of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote; Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Preliminary Approval of Plans, etc.) RESOLUTION NO. 48-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE,IOWA: That the proposed plans, specs, etc. for the Crescent Ridge Sanitary Sewer, Phase II, are hereby approved in tho estimated amount of $212,602.57 and that said plans be ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 14th day of March, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the resolution. Seconded by Council Member Beurskens. Car- ried by the Ioliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 49-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the attached sheets, No, i through 3 inclusive, are hereby determined to be the schedule of pro- posed assessments for the City of Dubuque CRESCENT RIDGE SANITARY SEWER, PHASE II, and the valuations set out therein, are hereby approved. Adopted this 14th day of March, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Adjourned Session, March 14, 1983 75 Council Member Hammel moved adoption of the Resolutio~ Seconded by Council Member Beurskens. Ca~ r~ed by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hamme~ Klauer, Kluesner, Kronfelc~t. Nays--None. (Fixing Date of Hearing) RESOLUTION NO. 50-83 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specificatlans and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion, for the Crescent Ridge Sanitary Sewer, Phase II, and, WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED, that on the 11th day of April, 1983, a public hearing will be held at 7:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the mat- ter may appear and be heard for or against the making of the improve- ment, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week Ior two consecutive weeks, the first publica- tion of which shall be not less than ten days prior to the day fixed for its con- sideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity they shall be deemed to have waived ali objections thereto. Passed, adopted and approved this 14th day of March, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme], Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting an Ordinance providing for a revision of the Rehabilitation Guidelines for ttistoric Preservation Commission, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Krnafeldt. Nays--Council Member Hammel. ORDINANCE NO. 15-83 AN ORDINANCE NO. 15-83 AMEN- DING THE CODE OF OR- DINANCES BY ENACTING A NEW PARAGRAPH (b) OF SECTION 19¼-6.2 IN LIEU THEREOF TO PROVIDE FOR A REVISION OF THE REHABILITATION GUIDELINES ADOPTED BY THE HISTORIC PRESERVATION COM- MISSION, (TABLED FROM MEETING OF Feb. 21, 1983), presented and read. Council Member Kronfeldt moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following VOtO~ Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Khiesner, Kronfeldt. Nays--Council Member Hammel. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Klauer, Khiesner, Kronfeldt. 76 Regular Adjourned Session, March 14, 1983 Nays--Council Member Hammeh ORDINANCE NO. 15-83 AN OIlDINANCE OF THE CITY OF DUBUQUE. IOWA PROVIDING THAT 'PILE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING PARAGRAPH b OF SECTION'~ 191/2-6.1 AND ENACT- ING A NEW PARAGRAPH (b) IN LIEU THEREOF: AND BY REPEALING PARAGRAPH (b~ OF SECTION 19V2-6.2 AND ENACTING A NEW PARAGRAPH (b) IN LIEU TILEREOF TO PROVIDE FOR A REVISION OF THE REHABILITA- TION GUIDELINES ADOPTED BY THE COMMISSION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 191/2 of the Code of Ordinances of the City of Dubuque. Iowa. known as the City of Dubuque Historic Preservation Ordi- nance, be amended by repealing para- graph lb) of Section 6.1 and enacting a new paragraph lb) of Section 6.1 in lieu thereof to read as follows: "Section 19V2-6.1 Langworthy His- toric Preservation District lb) Review standards adopted. The properties within said described dis- trict shall be subject to the "Secre- tary of ti~e Interior's Standards for Historic Preservation Projects; as adopted by the historic preservation commission for said commission's review procedure that precedes the issuance of a certificate of appropri- ateness pursuant to Section 19V~-8 lb)." Section 2. That Chapter 191/~ of the Code of Ordinances of the City of Dubuque, Iowa, known as the City of Dubuque Historic Preservation Ordi- nance, be amended by repealing para- graph (b) of Section 6.2 and enacting a new paragraph (b) of Section 6,2 in lieu thereof to read as follows: "Section 191/z-6.2. Old Main Historic Preservation District (b) Review Standards adopted. The properties within said described district shall be subject to the "Secre- tary of the Interior's Standards for Historic Preservation Projects" as adopted by the historic preservation commission for said commission's review procedure that precedes the issuance of a certificate of appropri- ateness pursuant to Section 191/~-8 lb)." PASSED, APPROVED AND ADOPTED this 14tb day of March, ]983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published ot'ficially in the Telegraph Herald newspaper this 22nd day of March, 1983. Mary A. Davis City Clerk I t 3/22 Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Member Hammel. Communication of City Manager re- questing the Mayor be authorized to execute a contract with Project Con- cern covering the mini-bus operations for the Fiscal Year beginning July 1, 1983, presented and read. Council Member Klauer moved that the communication be received and filed and Mayor be authorized to ex- ecute the contract. Seconded by Coun- cil Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the zoning of Chaplain Schmitt Memorial Island, presented and read. Council Member Klauer moved that the communication be received and filed and request that the Staff move urgently on this matter. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 51-83 WHEREAS, the City Council has revlewed the heavy industrial zoning designation assigned to Chaplain Schmitt Memorial Island; and WHEREAS, the City Council avers Regular Adjourned Session, March 14, 1983 77 it to be in the best interest of the citizens of Dubuque, Iowa. to change the designation of Chaplain Schmitt Memorial Island from heavy industrial designated usage to a designated use that would provide for more ap- propriate functions, these appropriate functions proposed are to be commer- cial recreational and wetland put- poses; and WHEREAS. the City Council is desirous of developing a forty acre tract adjacent to and north of the highway bridge transversing the island, this forty acre tract of land to be dedicated to commercial recrea- tional purposes; and WHEREAS, the City Council deems the conceptual proposal for the forty acre commercial recreational tract as an enhancement to the fish and wildlife interests on the Chaplain Schmitt Memorial Island and of cor- elative function with all considerations presently being evaluated in planning of Chaplain Schmitt Memorial island; NOW, THEREFORE, BE ITl RESOLVED BY THE CITY COUN- I CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby expresses its intent that Chaplain Schmitt Memorial Island be used exclusively for commercial recrea- tlonal and wetlands purposes. Section 2. That the City Council direct the Planning and Zoning Com- mission to study and make a report and recommendation regarding a change of the zoning of Chaplain Schmitt Memorial Island from the pre- sent heavy industrial zoning status to a zoning classification that would be more appropriate with the intended commercial recreation use. Passed, adopted and approved this 14th day of March, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Ordinances providing for the appointments to the Board of Elec- trical Examiners and the Electrical Appeal Board, presented and read. Council Member Hammel 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hammel moved that the rule requiring on Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. ORDINANCE NO. 16-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 16.106 IN LIEU THEREOF PROVIDING FOR THE TERM OF OFFICE FOR AP- POINTMENTS TO THE BOARD OF ELECTRICAL EXAMINERS, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 16-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY REPEAL- ING SECTION 13-106 THEREOF AND ENACTING A NEW SECTION 13-106 IN LIEU THEREOF PRO- VIDING FOR THE TERM OF OFFICE FOR APPOINTMENTS TO THE BOARD OF ELECTRICAL EXAMINERS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 13- 106 thereof and enacting a new Sec- tion 13-106 in lieu thereof as follows: "Sec. 13-106. Term of office. a) The term of office of each mem- her shall be for three years; provided, however, one of the appointments made for a term to begin July 12, 1983. shall be for one year, two of the appointments made as of July 12, 1983 shall be for a term of two years, 78 Regular Adjourned Session and two of the appointments made for a term to begin July 12, ]983 shall bc for three years. Thereafter, all appointments shall be for a full term of tin'ce years. b) Each vacancy caused by death, resignation or otherwise shall be filled by the City Council for the unexpired term et such vacancy. PASSED, APPROVED AND ADOPTED this 14th day of March, Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 17-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 13-44 IN LIEU THEREOF PROVIDING FOR THE TERM OF OFFICE FOR AP- POINTMENTS TO THE ELEC- TRICAL APPEAL BOARD, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Daich, ttammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. March 14, 1983 ORDINANCE NO. 17-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY REPEAL- iNG SECTION 13-44 THEREOF AND ENACTING A NEW SECTION 13-44 IN LIEU THEREOF PROVID- ING FOR THE TERM OF OFFICE FOR APPOINTMENTS TO THE EI.ECI'RICAL APPEAL BOARD. NOW THEREFORE, BE IT OI/I)A[NED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi~ nances of the City of Dubuque, Iowa be amended by repealing Section 13- 44 thereof and enacting a new Section 13-44 in hen thereof as follows: "Sec. 13-44. Term of Office. a) The term of office of each mem- ber shall be for three years; provided, however, one of the appointments made for a term to begin July 12, 1983. shall be for one year, two of the appointments made as of July 12, 1983 shall be for a term of two years, two of the appointments made for a term to begin July 12, 1983 shall be for three years. Thereafter, all appointments shall be for a thll term of three years. b) Each vacancy caused by death. resignation or otherwise shall be filled by the City Council for the unexpired term of such vacancy.' PASSED, APPROVED AND ADOPTED this 14th day of March, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of March, 1983. Mary A. Davis City Clerk It 3/22 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klanar, Khiesner, Kronfeldt. Nays--None. An Ordinance Amending the Code of Ordinances by enacting a new Article II comprised of Section 18-19 through Section 18-27 of Division I and Section 18-40 through Section 18-55 of Divi- sion 2 in lieu thereof providing for Am- bulance Services and the licensing thereof, said Ordinance having been Regular Adjourned Session, March 14, 1983 79 presented and read at the Council Meeting of February 28, 1983, presented and read. Council Member Hammel moved that the Ordinance be received and fil- M and that the Public Hearing scheduled for 3-21-83 be cancelled. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klanar, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 52-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, 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. Michael J. Hopkins 1604 Central Ave. Passed, adopted and approved this 14th day of March, 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, Delch, Hammai, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 53-83 WHEREAS, Applications for Beer Permits have been submitted and fried 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; NOWl 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 "B" BEER PERMIT Common Stock Trust of Ellis I. Levltt & Centrai 1500 J.F.K. Management Corporation (Also Sunday Sales) CLASS "C" BEER PERMIT Wffi-Co-Inc. 805 W. 5th St. (Also Sunday Sales) Theodore J. & Georgia A. Heinz 1278 Central Ave. Passed, adopted and approved this 14th day of March, 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, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 54-83 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 renewing named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Junnle's Lounge, Ltd. 2095 Kerper (Also Sunday Sales) K C & S Co., Inc. 4th and Main St. (Also Sunday Sales) Fraternal Order of Eagles, #568 1175 Century Drive (Also Sunday Sales) Michael J. Hopkins 1604 Central Ave. Michael P. Bower & William J. Lynch 1604 University Ave. (Also Sunday Sales) 80 Regular Adjourned Session Passed, adopted and approved this 14th day of March, 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, Kluesner, Kronfeldt. Nays--None. Printed Council Proceedings for the month of December, 1982, presented for approval. Council Member Beur- skens moved that the proceedings be approved as printed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Corem. of 2-15 (approved); Cable Regulatory Comm. of 2-9; Cable Teleprogrammlng Comm. of 2-1; Com- munity Teleprogramming Comm. of 3-1; Civil Service Comm. of 3-2 (unap- proved); Community Development Comm. of 2-I (unapproved); Historic Preservation Comm. of 2-15 (unap- proved); Housing Comm. and Review Comm. of 2-15 & 2-18 (unapproved); Human Rights Comm. of 2-14 (unap- proved); Park and Rec. Comm. of 2-10 (unapproved); Plumbing Bd. of 2-22 (unapproved); Public Library Comm. of 1-18 (unapproved); Transit Bd. of 2-23 (unapproved); P & Z Comm. of 2-16 (approved); Zoning Bd. of Adjust- ment of 2-17 (unapproved); 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, Khiesner, Kronfeldt. Nays--None. Proofs of publication, certified to by the Publisher, of Notice that Grantee Performance Report for period of July 1, 1982 to Dec. 31, 1982 is on file at various offices in the City; Notice of Finding of No Significant Effect on the Environment to be undertaken under Title I of the Housing and Com- March 14, 1983 munity Development Act for the Dubuque Industrial Center Phase II Project, presented and read. Council Member Beurskens moved that the proofs of publication be received and filed. Seconded by Coun- cil 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 List of Claims for month of January, 1983, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- lag vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Petitions of White Pine Group of the Sierra Club and League of Women Voters opposing the sale of FDR Park as a trade-off for the development of the Burden property, presented and read. Council Member Beurskens moved that the petitions 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, Kronfeldt. Nays--None. NOTICES OF CLAIMS & SUITS: Judy Garner in undetermined amount for personal injuries; Para Mullln in unknown amount for per- sonal injuries; Attorney Robert D. Klauer on behalf of Elizabeth Robin- son in unknown amt. for personal in- juries; Bruce O. Bush in estimated amount of $111.07 for car damages; Luvern H. Stoeke] in amount of $120.90 for property damages, presented and read. Council M~mber Beurskens 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- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Regular Adjourned Session, March 14, 1983 Communication of Corporation Counsel recommending settlement of cay damages claim of Lois Glover in amount of $136.21; Recommending settlement of car damages of Tom Kramer in amount of $90.35, presented and read. Council Member Beurskens moved that the communication be received and filed and settlements be approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting reports of Finance Direc- tor and City Treasurer for month of February, 1983, presented and read. Council Member Beurskens 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, Klaesner, Kronfeldt. Nays--None. There being no further business, Council Member Klauer moved ad- journment. Seconded by Council Member Delch. Carried by the follow- lng 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 81 82 Special Sessio~. March 21, 1983 CITY COUNCIL OFFICIAL Special Session, March 21, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Council Members Beur- skens, Deich, Hammel, Klauer Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. Corporation Counsel Harley F. Stark, Jr. Absent--Mayor Brady. Mayor Pro-Tern Khiesner read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO SET A PUBLIC HEARING TO DESIGNATE THE PROPERTY AT 419 BLUFF St. AS ARCHITEC~ TURALLY SIGNIFICANT and ac- ting upon such other business which ~nay properly come before the Council. PROCLAMATION: March 24, 1983, as "Gen Heathcote Day" received by Bridget Kluesner. Communication of City Manager subn~tting supporting documents and requesting a Public Hearing be set to designate the property at 419 Bluff St. as architecturany significant (submit- ted by Mark & Mary Ransdell & David Strom), presented and read. Council Member Klaner moved that the communication be received and ill- ed and that a Public Hearing be held on April 11, 1983, at the Public Library Auditorium and that the Clerk publish notice of this in the manner re- qnired by law. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Beur- skens, Deich, Hammel, Klauer Kronfeldt. Nays--None. Absent--Mayor Brady. Petition of Herbert A. Larsen et (139 signatures) requesting investiga- tion of the discharge of noxious odors in the Julien Dubuque Drive Area (par- ticularly from Inland Molasses), presented and read. Council Member Hammel moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Pro-Tern Kluosner Council Members Beurskens, Deich Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Herbert Larsen, 360 Julien Dubuque Dr., stated that a disagreeable odor still exists in that area of Dubuque and feels the zoning change and agreement in 1980 has done nothing to alleviate this problem with Inland Molasses. James Nesler, 1845 S. Grandview, stated the terrible odor is still in evidence and there is the possibility of a suit against the City because of this problem. Tom Nesler, 1847 S. Grandview, stated that he was in agreement with other speakers. Council Member Hanunel moved that this matter be referred to Staff with report due no later than three months from today, the report specify- lng the conditions of the Agreement; fast track this matter to the best Of staff's ability. Seconded by Council Member Delch. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Kluesner,Council Members Beur- skens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager re- questing authorization from City to submit an Amendment to Capital Grant Project for various shop tools and inclusion of a 1" replacement ira- pact wrench with UMTA, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 55-83 Resolution Authorizing the Filing of an Amendment to Section 5 Appllea- tion (IA-05.0033) with the Department o! 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 Special Session. grants for mass transportation pro- jects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- cluding 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- ment to an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply 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- plcant that m~nority business enter- prise be utilized to the fullost extent possible in connection with these pro- jeers, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible op- portunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts or consultant and other services: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the Mayor of the City of Dubuque is authorized to execute and file an amendment to an applies- tion on behalf of the City of Dubuque with the U.S. Department of Transpo~ ration, to aid in financing the purehase of shop tools and equipment. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such amendments to ap- plicatlons an assurance or any other document required by the U.S. Depart- merit 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 funish such additional information as the U.S. Department of Transportation may require in connection with the ap- plication amendments or the project. Section 4. That the Mayor of the City of Dubuque is authorized to set forth March 21, 1983 83 and execute affirmative minority business policies in connection with the project's procurement needs. Section 5. That the Mayor oft he City of Dubuque is authorized to execute grant contract agreements and amend- ments to said agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financing of capital assistance projects. Passed. adopted and approved this 21st day of March, 1983 Loras J. Kluesner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of tlie Resolution. Seconded by Council Member Deich. Carrled by the following vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending placement of Stop Sign at the intersection of 27th and Washington Sts.. presented and read. Council Member Delch moved that the communication be received and fil- ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 18-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 25-210(b) PRO- VIDING THAT EASTBOUND AND WESTBOUND VEHICLES STOP BEFORE ENTERING THE IN- TERSECTION OF 27TH AND WASHINGTON Sts., presented and read. Council Member Deich moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Khiesner, Council Members Beur- skens, Deich, Hammel, Klauer, Kronfeldt. 84 Special Sessio~ March 21, 1983 Nays--None. Absent--Mayor Brady. Council Member Deich moved tha the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Klauer. Carried b the following vote: Yeas--Mayor Pro-Tern Ktuesne~ Council Members Beurskens, Deich Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 18-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-210 SUBSECTION (b) OF SAID CODE: PROVIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTER- SECTIONS" FOR ALL PURPOSES OF THIS SECTION. VEHICLES BOUND IN THE DIRECTION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED INTERSECTION. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordi- nances of thb City of Dubuque, Iowa, be mnended by adding a new subsec- tion m Section (b) of Section 25-210 to read as follows: Section 25-210 (b) Those intersections designated me hereby declared to be "Stop Inter- sections" for all purposes of this sec- tion. Vehicles bound in the direction indicated must stop before entering the designated intersection. EASTBOUND AND WESTBOUND Twenty-Seventh Street, East, and Wasifington Street Section 2. That all Ordinances in conflict with tbJs Ordinances be and they are hereby repealed. PASSED, APPROVED AND ADOPTED this 21st day of March, Loras J. Kluesner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 25th day of March, 1983. Mary A. Davis City Clerk It 3/25 Council Member Deich moved adop- tion of tho Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager re- questing Resolutions accepting the Dubuque Industrial Center and Associated Sewer/Water Services Facilities project be rescinded, ~resented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Pro-Tern Khiesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 56-83 WHEREAS, the City of Dubuque, on September 8, 1981, entered into a contract with Gordon Russell, Inc., for the Dubuque Industrial Center and Associated Sewer/Water Service Facilities; and WHEREAS, said construction pro- ject was substantial/y completed on February21, 1983; and WHEREAS~ the City Council, on February 21, 1983, passed Resolution 37-83 Accepting the Improvement and Establishing the Final Construction Amount respectively; and WHEREAS, the City has made ap- dication to the Economic Develop- ment Administration for funding of an additional roadway to be constructed as a Change Order to said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolutions 37-83 and 38-83 are hereby repealed and shall b* of no force or *fleet. Special Session March 21, 1983 85 Passed, adopted and approved this 21st day of March, 1983 Loras J. Kluesner Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution, Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Beurskens, Deicb Hammel. Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. An Ordinance Amending the Code of Ordinances by enacting a new Section 2-21 in lieu thereof to provide for the compensation for the Mayor and Council Members, presented and read. Council Member Hammel moved that the reading just had be con- sidered the second reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Klauer. Nays--Mayor Pro-Tern Kluesner, Council Member Kronfeldt. Absent--Mayor Brady. Communication of City Manager submitting resolutlon providing for an application for matching funds for development of the Chaplain Schmitt Memorial Park and Recreation Com- plex, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner Council Members Beurskens, Deich Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 57-83 A Resolution Authorizing Submission of a Request for Funds for Develop- ment of Outdoor Recreation {Chaplain Schmitt Memorial Park) Under the Land and Water Conservation Fund Program WHEREAS, the City of Dubuque is interested in developing outdoor recreational facilities for the following described project for the enjoyment of the citizenry of the City of Dubuque and the State of Iowa; Project Title: Chaplain Schmitt Memorial Park and Recreation Com- plex (Phase III Total Estimated Cost: $220,000 Brief Description of Project: The Ci- ty of Dubuque proposes to develop a 42.67 acre tract of land in the southern portion of City Island Recreational Complex including 3 softball fields and a baseball diamond, with associated bleachers, restrooms, concession building, press boxes, fencing, lighting, backstops and other essential elements. Work will be accomplished by contract through 1988. Phase II to be completed in 1984; and WHEREAS, Land and Water Con- servation Fund financial assistance is required for the development of said outdoor recreational facilities; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the project described above be authorized, Section 2. That City of Dubuque make application to the State Conse~ ration Commission to seek Land and Water Conservation Fund financial assistance in the amount of 50% of the actual cost of the Phase Il project on behalf of said City of Dubuque. Section 3. That City of Dubuque does certify to the following: ~ That it will accept the terms and conditions set forth in the Grants-In- Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal b. That it is in complete accord with the proposal and that it will carry out the development in the manner described in the proposal and any ~lans and specifications attached thereto unless prior approval for any change has been received from the State Conservation Commission. a That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the ex- pense of City of Dubuque for public outdoor recreation use. 86 Special Session March 21, 1983 d, That tm financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. e. That it will not discriminate against any person on the basis of race, sex, age, color or national origin in the use of any property or facility acquired or developed pursuant to this proposa~ and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88~752 (1964) and of the regulations promulgated pursuant to such Act by the Secretary of the terior and contained in 43 CFR 17, as amended. f That it will maintain adequate finan- cial records on the proposed project to substantiate claims for cost-sharing. Passed, adopted and approved this 21st day of March, 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 58-83 BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the foilowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to seil Cigarettes and Cigarette Papers within said City. Sordahl Enterprises, Inc. Nabors Drug Store 1920 Elm Street Passed, adopted and approved this 21st day of March, 1983 Loras J. Khiesner Mayor Pro-Tern 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 Pro-Tern Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Member Brady. RESOLUTION NO. 59-83 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 "B" BEER PERMIT Dubuque Jay Cees 1023~/2 Main St. (Also Sunday Sales) Dennis J. Meyer Bunker Hill Road (Also Sunday Sales) John G. & Jean L. Brehm, Volney Hash 1755 Radford Rd. (Also Sunday Sales) CLASS "C" BEER PERMIT Sordahl Enterprises, Inc, 1920 Elm St. (Also Sunday Sales) LaVern Nicholas Hennen 3300 Asbury Rd. (Also Sunday Sales) Earl Edmund Schumacher 2204 Central Ave. (Also Sunday Sales) Passed, adopted and approved this 21st day of March, 1983 Loras J. Kkiesner Mayor Pro-Tern 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 Pro-Tern Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Special Session RESOLUTION NO. 60-83 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 ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE John W. Noonan 1618 Central Ave. (Also Sunday Sales) James Robert Winders 1701 Central Ave. Passed, adopted and approved this 21st day of March, 1983 Loras J. Kluesner Mayor Pro-Tem 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 Pro-Tern Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--Council Member Deich on John W. Neonan only. Absent--Mayor Brady. MINUTES SUBMITTED: Elec- trlcai Examining Bd. of 3-8 (unap- proved); Transit Bd. Statement for month of February, 1983, presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tem Khiesner Council Members Beurskens, Deich Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. NOTICES OF CLAIMS: Eugene H Zasada, in amount of $78 for tire March 21, 1983 87 damages; LaVerne G. Peters, in amount of $228.62 for personal in- juries, 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 Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Haramel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing for ambulance service (P. Hearing cancelled on 3-14-83), presented and read. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tern Khiesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Petition of Classie G. Hoyle re- questing resignation of Mr. Clarence Duffy from the Human Rights Conun., presented and read. Council Member Hammel moved that the petition be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Delch, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending petition of Ward Donovan reuestlng restriction of 15 minutes parking on 19th St. be denied, presented and read. Council Member Klauer moved that the communication be received and filed and recommendaflon approved. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tem Khiesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Mgr. recom- mending the offer of Gerald Neuhaus 88 Special Seseio~, March 21, 19~ et ux to sell Lots 27 and 28 of M.L. 39 to the City be declined, presented and read, Council Member Klauer moved that the communication be received and fli- ed and recommendation approved. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending the request of Walter Pregler that Baldwin Dr. be completed from Jonathan Lane to Roosevelt Road be deferred at this time, presented and read, Council Member Klauer moved that the communication be received and filed and recommendation approved, Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Hannnel, Klauer, Kronfoldt. Nays--None. Absent--Mayor Brady. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesnar, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Mary A. Davis City Clerk Ap0roved 1983 Adopted 1983 Mayor Council Members ATTEST: City Clerk Regular Session, April 4, 1983 89 CITY COUNCIL OFFICIAL Regular Session, April 4, 1983. Council Met at 7:30 o'clock p.m., in the Council Chambers, City Hall 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 the REGULAR MONTHLY MEETING of the City Council called for the pur- pose to act upon such business wb/ch may properly come before the Council. Invocation was given by Father Wm. Leonard, Pastor of Nativity Catholic Church. PROCLAMATION: Month of April as "Cancer Control Month" received by Don Leopold of the American Cancer Society; Month of April as "Fair Housing Month". Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following 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 to amend Zoning Ordinance to reclassify property located at 2005 Asbury Road from R-2 Single Family Residential District and R-3 Multi- Family Residential District to ID In- stitutional District, presented and read. Don Saunders, of the Bd. of Trustees for Hillcrest, said they were requesting the rezoning because they wished to add to Hillcrest the follow- Lng: a kitchen area. a fire exit from the lower level and additional classroom No objections were received. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 19-83 AN ORDINANCE PROVIDING THAT THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE BE REVISED BY CONDITIONALLY APPROVING THE PRELIMINARY DEVELOP- MENT PLAN AND BY RECLASSI- FYING PROPERTY OF HILLCREST FAMILY SERVICES FROM R-2 SINGLE FAMILY RESIDENTIAL AND R-3 MULTI- FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of March 14, 1983, presented for final adoption. ORDINANCE NO. 19-83 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 CONDITIONALLY APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND BY RECLASSIFYING THE HEREIN- AFTER DESCRIBED PROPERTY OF HILLCREST FAMILY SER- VICES FROM "R-2 SINGLE-FAM- ILY RESIDENTIAL DISTRICT" and "R-3 MULTI-FAMILY RESI- DENTIAL DISTRICT" TO "ID INSTITUTIONAL DISTRICT". WHEREAS, Hillcrest Family Ser- vices, as the institution, has filed a PrelimLnary Development Plan and application for reclassification of hereinafter described property in com- pliance with provisions of the ID Insti- tutional District Regulations as set forth in Section 4-118.6 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on the Preliminary Develop- ment Plan and zoning reclassification of said property from "R-2 Single- Family Residential District" and "R-3 Multi-Family Residential District" to "ID Institutional District" classifica- tion pursuant to required published