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1983 June Council Proceedings168 Special Session, May 26, 1983 Regular Session, June 6, 1983 169 CITY COUNCIL OFFICIAL Regular Session, June 6, 1983. Council Met at 7:30 o'clock p.m., in the Council Chambers at City Hall. Present-- Council Members Beur- skens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel Harley F. Stark, Jr. Absent--Mayor Brady Mayor Pro-Tern Kronfeidt read the call and stated that service thereof bad been duly made and this Mectin~g is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Dr. Ray Martin, Professor of Biblical and In- tertestamental Studies at Wartburg Theological Seminary. PROCLAMATIONS--Mouth of June as "Burglary Prevention Month" received by Police Chief Robert O'Brlan; Period of June 14 thru July 4 as "Honor America Days"; Declaring "Sara Lynn Markus" as "Sesquicentenial Baby" received by Council Member John Klauer. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Delch. Carrled by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, CouneilMembers Beurskens, Deich, Hammei, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing, to consider a project for which Federal Operating Assistance under Section 5 of UMTA is being sought to offset part of the operating cost of the Keyline Transit System for Fiscal Year 1984, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Kluesner moved tj~at the proof of publication be re- ceived and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner. Nays--None. Absent--Mayor Brady. Proof of publicatlon, certified to by the Publisher, on Notice of Public Hearing on tho matter of the proposed issuance of $1,940,000 Genorei Obliga- tion Bonds Ifor an Essential Corpora- tion Purpose) of said City, presented and read, There were no written objections received and no oral objectors present at the time set for the Hearing. 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 Kronfeidt, Council Members Bourskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 122-83 Resolution Instituting Proceedings to Take Additional Action for the Is- suance of $1,940,000 General Obliga- tion Bonds WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $1,940,000 General Obligation Bonds for the essential corporate purpose of paying costs of constructing, reconstructing, and repairing street improvements; acquiring and install- ing traffic control devices and improv- lng tho municipal airport, and has con- sidered the extent of objections receiv- ed from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best in- terests of the City and residents thereof: NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUN- C~L OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and is- suanee in the manner required by law of $1,940,000 General Obligation Bonds for the foregoing essential co~ porate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to 170 Regular Session, June 6, 1983 cause to be prepared such notice and sale information as may appear ap. propriate, republish and distribute the same on behalf of the City and this Council and otherwise to take all ac- tion necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 6th day of June, 1983. Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A, Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Pro-Tem Kronfeldt, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance to reclassify properties east of Radford Road and north of Pennsylvania Ave. from AG to R-2 and C-3 District, presented and read. Bill Byrne, 1166 Kane, requested passage of the Ordinance. Petition of Walter P. and Mary Leu McFadden objecting to rezoning as re- quested by Northrange Associates, presented and read. Council Member Beurskens moved that the proof of publication and the petition be received and filed. Second- ed by Council Member Klauer. Carried by the following vote: Ycas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent-Mayor Brady. ORDINANCE NO. 27-83 An ORDINANCE Amending Appen- dix A, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, by reclassifying portion of properties located east of Radford Road and north of Pennsylvania Ave. from AG Agricultural District to R*2 Single Family Residential District and C-3 Commercial District (property owned by Northrange Associates), said Ordinance having been presented and read at the Council Meeting of May 2, 1983, presented for final adop- tlon. ORDIANCE NO. 27-8~ AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE; IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTIES EAST OF RADFORD ROAD AND NORTH OF PENNSYL- VANIA AVENUE FROM AG AGRI- CULTURAL DISTRICT TO R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT AND C-3 COMMER- CIAL DISTRICT. 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, Iowa", to reclassify hereinafter described property from "AG Agricultural District" classifica- tion to "R-2 Single-Family Residential District" clas~ication, to wit: Beginning at the northeast corner of Lot 2-1-1 of Block 1, Northrange Industrial Park, north approximately 640 feet along the east property line of Lot 1-1-1-1-1-1-1 of Block 1, Northrange Industrial Park and a northerly extension of said line to a point; west-northwesterly approxi- mately 755 feet to a point on the northerly line of Lot 1-1-1-1-1-1-1 of Block 1, Northrange Industrial Park lying 543.22 feet southeast of the cen- terline of Radford Road; south 434.97 feet to a point; west 244.5 feet to a point; south 363.40 feet to a point; east 1033.24 feet to the point of beginning, all in Section 20, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "AG Agricultural District" classifica- tion to "C-3 Arterial Business 'Com- mercial District" classification, to wit: Beginning at the intersection of Radford Road and Pennsylvania Avenue, esst 1150.35 feet along the centorline of Pennsylvania Avenue to a point; north 300 feet to a point; Regular Session, June 6, 1983 171 west 833.24 feet to a point; south 31.63 feet to a point; southwest 142.64 feet to a point; west 200 feet to the centerline of Radford Road south 189.12 feet along said center- line to the point of beginning: and Be~nning at the northeast corner- of Lot 2-1-1-1-1-1-1 of Block 1, Northrange Industrial Park, north 66 feet to a point; west 3(}0 feet to the centerline of Radford Road; south 66 feet along said centerline to the north line of Lot 2-1-1-1-1-1-1 of Block 1, Northrange Industrial Park; east 300 feet along said line to the point of beginning: and Beginning at the northeast corner of Lot 2-1-1-1-1 of Block 1 , Northrange Industrial Park, north 209.97 feet to a point; northwest 258.91 feet to a point; south 195.3 feet to a point; west 300 feet to the centerllne of Radford Road; south 100 feet along said centerline to the north llne of Lot 2-1-1-1-1 of Block 1, Northrange Industrial Park; east 511.5 feet along said line to the point of beginning, all in Section 20, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa. Section 8. That the foregoing amendment has heretofore been approved by the Planning and Zoning Cornmis~'on of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 6th day of June, 1983. Rhonda M. Kronfeldt, A'vrEST: Mayor Pro-Tern Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 13th day of June, 1983. Mary A. Davis It 6/13 City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kinuer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Delch, Hammel, Kinuer, Kluesner. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance amending the Zoning Ordinance by enacting new subsections of Section 4 by adding "Family Home" and dafini- tion for "Developmentally Disabled" and "Fan~y Home" and "Group Home" (in response to State legisla- tion), presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Hanunel moved that the proof of publication be re~ ceived and filed. Seconded by Council Member Beurkens. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Kinuer, Kluesner. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 28-83 AN ORDINANCE AMENDING AP- PENDIX A OF THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE BY ADDING "FAMILY HOME"; ENACTING A DEFINI- TION FOR "DEVELOPMENTALLY DISABLED" AND "FAMILY HOME"; ENACTING A NEW DEFINITION OF "GROUP HOME"; ALL TO ALLOW FAMILY HOMES FOR A MAXIMUM OF EIGHT (8) DEVELOPMENATLLY DISABLED INDIVIDUALS AS A PERMITTED USE IN THE R-1 THROUGH ~ RESIDENTIAL DISTRICTS AND OR-1 AND OR-1 (a) OFFICE RESIDENTIAL DISTRICTS, SAID ORDINANCE HAVING BEEN PRESENTED AND READ AT THE COUNCIL MEETING OF MAY 2, 1983, PRESENTED FOR FINAL ADOPTION. ORDINANCE NO. 28-83 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 ENACTING NEW SEC- TIONS 4-104.2(9), 4-108.2(3) AND 4- 109.2(16); BY ADDING "FAMILY HOMES" IN SECTION 4-104.6, 4- 105.6, 4-106.6 and 4-109.6; BY ENACT- lNG A DEFINITION FOR "DEVEL- OPMENTALLY DISABLED" AND "FAMILY HOME" IN ARTICLE XI "DEFINITIONS"; AND BY REPEALING THE DEFINITION OF "GROUP HOME" OF ARTICLE XI "DEFINITIONS" AND ENACTING A NEW DEFINITION OF "GROUP HOME" OF ARTICLE XI "DEFINI- TIONS' IN LIEU THEREOF, ALL TO ALLOW FAMILY HOMES FOR A MAXIMUM OF EIGHT (8) DEVELOPMENTALLY DISABLED INDIVIDUALS AS A PERMITTED 172 Regular Session, June 6, 1983 USE IN THE R-1 THROUGH R-5 RESIDENTIAL DISTRICTS AND OR-1 AND OR-I(a) OFFICE RESI- DENTIAL DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWAi Section L That the Code of Ordi- nances of the City of Dubuque, Iowa, be araemied by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by adding the defi- nition "Developmentally Disabled" and "Family Home" to Article XI Def- initions thereof, as follows: ARTICLE XL DEFINITIONS "Developmentally Disabled - a dis- ability of a person which has conthi- ued or can be expected to continue indefinitely and which is one of the following: 1) Attributable to mental retarda- tion, cerebral palsy, epilepsy or autism; 2) Attributable to any other condi- tion found to be closely related to mental retardation because the condi- tion results in impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons or requires treatment and service~ similar to those required for the persons; 3) Attributed to dyslexia resulting from a disability described in 1) or 2) above; 4) Attributable to a mental or ncr- "Family Home - a community based re~dentlal home which ls licensed as a residential care facility under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter 237 of the Cede of Iowa to provide room and board, pereonal care, habitulation service, and supervision in a family environment exclusively for not more than eight (8) developmentally disa- bled persons and any necessary support personnel However, family home does not mean an individual foster family home licensed under Chapter 237 of the Code of Iowa." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by repealing the definition "Group Home" of Article XI Definitions and enacting a new defini- tion of "Group Home" of Article XI Definitions thereof, as follows: ARTICLE XI DEFINITIONS "Group Home - any group of per- sons not meeting the definition of a family and occupying a single dwell- ing unit, but not including a boarding or rooming house or family home.' Section 3. That the Code of Ordi- nances of the C~ty 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 enacting a new Section 4-104.2(9) of Article IV thereof, as follows: Section 4-104 R-1 Residential District Regulations 4-104.2 Principal Permitted Uses "9) Family Homes" Section 4. That the Code of Ordi- nanc~ 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 adding "and family homes (4-104.2(9))" of Section 4-104.6 Schedule of District Regula- tiers Adopted thereof, as follows: Section 4-104.6 Schedule of District Regulations Adopted Principal Permitted Uses Single Family Dwellings (4-104,2(1)) and Family Homes (4-104.2(9)) Section 6. That the Code of Ordi- nanc~ 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 adding "and family homes" to Section 4-105.6 Schedule of District Regulations Adopted thereof, as follows: Section 4-105 R-2 Residential District Regulations 4-105.6 Schedule of District Regula- tions Adopted Principal Permitted Us~s (4-105.2) Single Family Dwellings and Faro- ily Homes (4-105.2) Section 6. 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 adding "and family homes" to Section 4-106.6 "Schedule of District Regulations" thereof, as follows: Section 4-106 R-3 Residential Distxict Regulations 4-106.6 Schedule of District Regula- tions Principal Permitted Uses Single Family Dwellings and Fam- ily Homes Section 7. 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 enacting a new Regular Session, June 6, 1983 173 Section 4-108.2(3) of Article IV thereof, as follows: Section 4-108 R-5 Residential District Regulations 4-108.2 Principal Permitted Uses "3) Family Homes" Section 8. That the Code of Ordi- nances of the City of Dubuque, Iowa he amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Section 4-109.2(16) of Article IV thereof, as follows: Section 4-109 OR-1 Office Residential District Regulations 4-109.2 Principal Permitted Uses "16) Family Homes" Section 9. That the Code of Ordi- nances of the City of Dubuque. Iowa be mnended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by adding "and family homes" to Section 4-109.6 "Schedule of'District Regulations Adopted" thereof, as follows: 4-169.6 Schedule of District Regula- tions Adopted Principal Permitted Uses Single Family and Family Homes Section 10. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, PASSED, ADOPTED AND APPROVED this 6th day of June, Rhonda M. Kronfeldt, VI'TEST: Mayor Pro-Tern Published officially in the Telegraph Mary A. Davis I t ti/13 City Clerk Council Member Harmnel moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the fonowing vote: Yeas--Mayor Pr~-Tem Kronfeldt, Council Members Beurskens, Deich, Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher. on Notice of Public Hearing to consider an Ordinance amending Appendix A of the Code of the Ordinances of the City of Dubuque, to clarify any modification of the condition or restriction under which a Conditional Use Permit is granted shall require the submittal and approval of a new Conditional Use Permit, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Coun- nil Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vot~: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer. Kluesner. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 29-83 An ORDINANCE Amending the zon- ing ordinance and zoning map of tho ci- ty of Dubuque by enacting a new Sec- tion 6-106.5 of Article VI in lieu thereof, to clarify that any modifica- tion of the condition or restriction under which a Condithinni Use Permit is granted shall require the submittal and approval of a new Conditional Use Permit, said Ordinance having been presented and read at the Council Meeting of May 2, 1983, presented for final adoption. ORDINANCE NO.29-83 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 REPEALING SECTION 6-106.5 OF ARTICLE 'VI AND ENACTING A NEW SECTION 6- I06.5 OF ARTICLE VI IN LIEU THEREOF, TO CLARIFY THAT ANY MODIFICATION OF THE CONDITION OR RESTRICTION UNDER WHICH A CONDITIONAL USE PERMIT IS GRANTED SHALL 'REQUIRE THE SUBMIT- TAL AND APPROVAL OF A NEW CONDITIONAL USE PERMIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l.That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Sec- tion 6-106.5 of Article VI thereof, and enacting a new Section 6-106.5 of Arti- 174 Regular Session, June 6. 1983 cie VI in lieu thereof, as follows: SECTION 6-106 CONDITIONAL USE PERMITS: REQUIREMENTS AND PROCEDURES SECTION 6-106.5 Conditions and Restrictions on the Conditional Use Permit "6-106.5.1 Imposition of Conditions and Restrictions In granting a Conditional Use Per- mit, the Board may hnpose any con- ditions or restrictions it reasonably considers necessary to insure full com- pbence with the standards of Section 6-106.4 of this Article, to reduce or eliminate any detrimental effect of the proposed Conditional Use Permit upon the neighborhood or the district, or to carry out the general purposes and intent of this Ordinance. 6-106~5.2 Modification of Conditions and Restrictions Any Subsequent change or modifi- cation of a condition or restriction imposed by the Board of Adjustment in granting a Conditional Use Permit must be approved in the same manner and with the same requirements as the original application for Conditional Use Permit. 6-106.5.3 Violation of Conditions and Restrictions A violation of such conditions and restrictions, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance." Section 2.That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED; APPROVED AND ADOPTED this 6th day of June, 1983. Rhonda M. Kronfeldt, ATTEST: Mayor Pro-Tern MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 13th day of June, 1983. Mary A. Davis, It 6/13 City Clerk Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Beurskens. Car- tied by the fullowlng vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hannnel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance for granting Conditional Use Permits for uses in Historical or Architecturally Significant Structures in the OR-1 Of- fice Residential District, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfcidt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 30-83 An ORDINANCE Amending Zoning Ordinance and Zoning Map of the Code of Ordinances by enacting a new Section 4-109.4(3) in lleu thereof to establish new reqniremen~ ~nd pro- cedures for granting Conditional Use Permits for adaptive uses in Historic or Architecturally Signfficent Struc- tures in the OR-1 Office Residential District, said Ordinance having been presented and read at the Council Meeting of May 2, 1983, presented for final adoption. ORDINANCE NO. 30-83 AN ORDINA~NCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, J{OWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS TE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 4-109.4(3) AND (4) OF ARTICLE IV AND ENACTING A NEW SECTION ~-109.4(3) IN LIEU THEREOF TO ESTABLISH NEW REQUIRE- MENTS AND PROCEDURES FOR GRANTING CONDITIONAL USE PERMITS FOR ADAPTIVE USES IN HISTORIC OR ARCHITEC- TURALLY SIGNIFICANT STRUC- TURES IN THE OR-1 OFFICE RESIDENTIAL DISTRICT. 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 Regular Session, June 6, 1983 175 Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Sec- tion 4-109.4(3) and (4) of Article IV and enacting a new Section 4-109.4(3) in lieu thereof, as follows: SECTION 4-109 OR-1 OFFICE RESI- DENTIAL DISTRICT REGULA- TIONS 4-109.4 Conditional Uses 3) Adaptive uses in historic or archi- tecturally significant structures, pro- vided that: a) the structure or property is either, 1) listed on the National Register of Historic Plac~ or is eligible for such listing as determined by the Dubuque Historic Pr~ervation Commission, or 2) located in an area which has been designated an Historic Preservation District in accordance with Chapter 19.V~ and is supportive or of neighbor- hood, city, state or national signifi- cance as determined by the Dubuque Historic Preservation Commission; b) only the following uses may be authorized. 1) specialty shops for gift items, handicrafts, or clothing, 2) antique shops 3) floral shops 4) art galleries, 5) cabarets, and 6) restaurants; c) the Dubuque Historic Preserva- tion Commission has approved plans for any change, alteration or modifi- cation of the external appearance of the building or property; and d) the Board of Adjustment must find that the type of merchandise to be sold, services to be rendered, num- ber of persons or employees on the premises, hours of business and other opsrailonal aspects of the proposed use are compatible with the appropriate development and use of neighboring properties and the intended historic or architectural character of the area. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, PASSED, APPROVED AND ADOPTED this 6th day of June, 1983. Rhonda M. Kronfeldt, Mayor Pro-Tem ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of June, 1983. Mary A. Davis City Clerk It 6/13 Council Member Beurskens moved final adoption of the Ordiance. Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Pro-Tem Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Resolution of Necessity for Reconstruction of Peru Road at the Abandoned Chicago and North- western Railroad crossing between Jackson St. & Sheridan Rd., presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Pro-Tem Kronfeldt, Council Members Beurskens, Deich, Hannnci, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. (NECESSITY FOR IMPROVEMENT) RESOLUTION NO. 110-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque, Iowa and are now on file in the office of the City Clerk showing among other things the plans, specifications and form of contract for the improvement, and an estimate of the cost for the Reconstruction of Peru Road at the Abandoned Chicago and Northwestern Railroad Crossing. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary fur the public welfare to make the herein mentioned nnprovement, and unless interested persons at the time of the final con- sideratlon of this proposed resolution have flied objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- 176 Regular Session, June 6, 1983 structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the General Fund. The above resolution was introduc- ed; approved and ordered placed on file with City Clerk this 16th day of May, 1983. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 6th day of June, 1983. Rbonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Deich moved final adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro.Tem Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Nays--None. Absent--Mayor Brady. DECISION OF COUNCIL UPON OBJECTIONS TO PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION NO. 123-83 WHEREAS, proposed plans and specifications and form of contract for the Reconstruction of Peru Road at the Abandoned Chicago and North- western Railroad Crossing have been approved by the City Council of the Ci- ty of Dubuque and public notice given as provided by the Code of Iowa per- raining to public contracts and bonds, and the time and place fixed for the hearing of aH objectlans to said plans, specifications or contract for or cost of such improvements, said time being this 6th day of June, 1983; and WHEREAS, the City Council met in regular session this 6th day of June, 1983, at 7:30 p.m. at the City Council Chambers for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the im- provement herein described and pro- posed to be made; and WHEREAS, aH interested parties have been given an opportunity to be heard and an objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specificatinns, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted, BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and~ approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfoldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Abeent--Mayor Brady. (ORDERING CONSTRUCTION) RESOLUTION NO. 124-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 110-83 which was duly passed by this Council for the Reconstruction of Peru Road at the Abandoned Chicago and North- western Railroad Crossing be and the san~ are hereby ordered and con- structed by this council upon its own motion and with or without the peti- tion of property owners. All the work shah be constructed in ~eccordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED Regular Session, June 6, 1983 177 that the cost and expense of the said improvement be paid from the General Fund. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 6th day of July, 1983. Bids will be submitted to the Council for final ac- tion at a meeting to he held at the Public Library Auditorium at 7:30 p.m. on the 18th day of July, 1983. BE I~ FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 6th day of June, 1983 Rbonda M. Kronfoldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro.Tern Kronfeldt, Council Members Beurskens, Deich, Hammai, Klauer, Kluesner. Nays--None. Aheent--Mnyor Brady. Communication of City Manager submitting documents for construc- tion of the 1983 Asphalt Paving Project, presented and read. Council Member Beurshens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfoldt, Counail Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. (NECESSITY FOR IMPROVEMENT~ RESOLUTION NO. 125-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the of- rice of the City Clerk showing among 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 1983 Asphalt Paving Project. BE IT THEREFORE RESOLVED that the City Council deems it ad- visabla and necessary for the public welfare to make the herein mentioned improvement, 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 shah be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- meat procedure. Said improvements shah be con- structed and done in accordance with tho plans and specifications which have been approved by the City Coun- cil 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 shah be borne by the City will be paid from the Road Use Tax Fund, the Parking Construction Fund, and the Federal Revenue Sharing 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 pro- ceeds thereof used to pay the contrec- tor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of ,June, 1983. Approved and placed on file for final action. Rhonda M, Kronfeldt Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved approval of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfoldt, Council Members Beurskens, Deich, Hammel, Klauer, Klueener. Nays--None. Absent--Mayor Brady. 178 Regular Session, June 6, 1983 (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 12583 BE IT HEREBY RESOLVED by the City Council of the City of Dubu- que, Iowa that the proposed plans. specs., form of contract, etc. for the CITY OF DUBUQUE 1983 ASPHALT PAVING PROJECT with the estimated cost of this improve- meat to be 5848,323.90 are hereby ap- proved and ordered filed in the Office of the City Clerk for public inspection, and are to be considered a part of this Resolution. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Bcurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Krunfeldt, Council Members Beurskens, Deich, Hammel, Klaner, Kluesner. Nays--Nane. Absent--Mayor Brady. (FIXING DATE OF HEARING) RESOLUTION NO. 127-83 WHEREAS, the City Council of the City of Dubuque, Iowa, has ~dven its preliminary approval on the proposed plans, specifications and form of con- tract and placed on file in the office of the City Clerk for public inspection, for the 1983 Asphalt Paving Project, 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 5th day of July, 1983, a public hearing will be held at 7:30 o'clock p.m. in the City Council Chambers 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 causa 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 shah be published once each week for 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 aH objections thereto. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tem Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Nays--None. Absent--Mayor Brady. Communication of City Manager submitting documents for construc- tion of Liberty Avenue Sanitary Sewer, presented and read. Council Member Bcurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Bcurskens, Delch, Hammel, Klauer, Kluesner. Nays--None. (NECESSITY FOR IMPROVEMENTt RESOLUTION NO. 128-83 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 among 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 Library Avenue Sanitary Sewer. BE IT THEREFORE RESOLVED that the City Council deems it ad- vlsable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the t~ne of the final con- sideration of this proposed resolution Regular Session, June 6, 1983 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 special assess- ment procedure. Said improvements shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil 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 shah be borne by the City will be paid from General Obligation Bonds and the Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a can- tract has been performed and ec- cepted, and the proceeds thereof used to pay the contractor. The above resolution was intro* duced, approved and ordered placed on file with the City Clerk tMs 6th day of June, 1983, Approved and placed on ~e for final action. Rbonda Krunfeldt Mayor Pro-Tam ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved approval of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Krunfeldt, Council Members Bearskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. (prelimiuary Approval of Plans, Etc.) RESOLUTION NO. 129-83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the LIBERTY AVENUE SANITARY SEWER in the estimated amount of $86,141.87, are hereby approved and ordered filed in the office of the City Clerk for public inspection and are to be considered a part of this Resolution. Passed, adopted and approved this 9th day of June, 1983 179 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved approval of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt. Council Members Beurskens, Deich. Harnmel, Klauer, Klucener. Nays--None. Absent--Mayor Brady. IFixing Date of Hearing) RESOLUTION NO. 130-83 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of con- tract and placed same on file in the of- flce of the City Clerk for public inspec- tion, for the Liberty Avenue Sanitary Sewer, 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 5th day of July, 1983, a public hearing will be held at 7:30 o'clock p.m. in the City Council Chambers in the City of Dubu- que at which time the owners of pro- petty 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 for two consecutive weeks, the first publica- tion of which shall be not less than ten days prior to the day fixed for its con- sideratlon. 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 shah be deemed to have waived aH objections thereto. Passed, adopted and approved this 180 Special Session, July 18, 1983 6th day of June, 1983. Rhanda M. Kronfeldt Mayor Pfc-Tern ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Krnafoldt Council Members Beurskens, Deich Itammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting documents for construe. tion of Chaplain Schrnitt Memorial Island Irrigation System, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Daich. Carried by the follow. lng vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. (Necessity for Improvement) RESOLUTION NO. 131-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- meat, and an estimate of the cost for the Chaplain Schmitt Memorial Island Recreation Complex - Underground Ir- rigation System, BE IT THEREFORE RESOLVED that the City Council deems it ad- visabla and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ali objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cfi and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from Private Contributions. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of June, 1983. Approved and placed on file for final action. APPROVED: Rhonda M. Kronfeldt Mayor Pre.Tern ATTEST: Mary A. Davis City Clerk Council Member Hammel moved approval of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesnec. Nays--None. Absent--Mayor Brady. (preliminary Approval of Plans) RESOLUTION NO. 132-83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifications etc. for tha CHAPLAIN SCHMITT MEMORIAL ISLAND IRRIGA- TION SYSTEM project in the estimated amount of $70,361.75 System No. 1, $61,627.93 System No. 2, $52,885.79 System No. 3, $47,615.49 System No. 4 are hereby approved and ordered filed in the office of the City Clerk for public inspection, and are to be considered a part of this resolution. Passed, adopted and approved this 6th day of June, 1983. Rhanda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Prc-Tem Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. {Fixing Date of the Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 133-83 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the Regular Session, June 6, 1983 181 office of the City Clerk for public in- spoction for the Chaplain Schnfitt Memoriai Island Recreation Complex -Underground Irrigation System, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduc, ed and is now on file in the City Clark s office for public in- spection. NOW, THEREFORE, BE IT RE SOLVED that on the 5th day of Ju- ly, 1983, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time interested persons may pear and be heard for or against the proposed plans and specifications form of contract and cost of said im- provement, and the City Clerk be and is hereby directed to newspaper hav- hig general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have flied ob- jections with the City Clerk, they shall be deemed to have waived all objee- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to ha published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 28th day of June, 1983. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held at the City Council Chambers in City Hall at 7:30 p.m. on the 5th day of July, 1983. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Hannnel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Petition of Dennis R. Schilling and Noland M. Owens requesting to utilize the existing benches and glass- enclosed bus stop locations as a means of selling advertising to local area mer- chants and helping the unemployed, presented and read. Mr. Noland Owens stated that the Transit Bd. has provided preliminary approval and that this would help assist the unemployed. Council Member Deich moved that the petition be referred to the City Mgr. and Corporation Counsel. Seconded by Council Member Beur- skens. Vote on the motion was as follows: Yeas--Council Members Beurshans, Deich, Klauec. Nays--Mayor Pro-Tern Kronfeldt, Council Members Hammel, Kluesner. Absent--Mayor Brady. MOTION FAILED. Council Member Klauer moved that this matter ha tabled until communiea- tion is received from the Transit Bd. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Council Members Beurskens, Deich, Klaner. Nays--Mayor Pro-Tern Kronfeldt, Council Members Hammel, Kluesner. Absent--Mayor Brady. MOTION FAILED~ Council Member Hammel moved to deny the petition. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Deich, Hammel, Nays--Council Members Beurskens, Klauer. Absent--Mayor Brady. Communication of Cable Car Square Association requesting to place planters in the Fourth St. Cable Car Square Area, presented and read. Council Member Hammel moved that the petition be received and filed. Seconded by Council Member Klauer. Carried by the foliowing vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None Absent--Mayor Brady. 182 Regular Session, June 6, 1983 ORDINANCE NO. 31-83 AN ORDINANCE AUTHORIZING CABLE CAR SQUARE A$SOCIA- TION TO CONSTRUCT TWELVE FLOWER PLANTERS IN THE CABLE CAR SQUARE AREA presented and read. Council Member Hanunel 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 Pro-Tern Kronfeldt Council Members Beurskens, Deich Hammel, Klauer, Klansner. Nays--None. Absent--Mayor Brady. 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 Klauer. Carried by the following vote: Yeas--Mayor Pru-Tem Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 31-83 AN ORDINANCE AUTHORIZING CABLE CAR SQUARE ASSOCIA- TION TO CONSTRUCT 12 FLOWER PLANTERS IN THE CABLE CAR SQUARE AREA NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE EITY OF DUBUQUE, IOWA: Section 1. That the Cable Car Square As~ceiation as owners of the premises known as Cable Car Square, Dubuque, Iowa, be and they are hereby granted the revocable permit and authority to construct and main- rain 3 planters each side of 4th St. - West at Bluff. 3 each side of Bluff St. between 4th and 5th St. (12 Total) under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by pennittoes and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all epplicabis state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission. herein granted is expressly conditioned on pennittees' agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence, loca- tion, installation, construction or main- tenance of said 12 flower planters; b) Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the loca- tion, installation, existence, construc- tion or maintenance of said 12 Bower planters sustained by any person or persons, caused by accident or other- wise to defend at its own expense and on behalf of said City any claim against the City of Dubuque aris/ng out of the location, installation, exis- tence, construction or maintenance of 12 flower planters' and to pay reason- able attorney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmle~ from any and all claims, loss, liability and expense for death and/or injuries to · third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connec- tion with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittoes' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permlttees, or the/r succe~ors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do. at their own expense, remove said 12 flower planters and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said 12 flower planters at per- mittees' expense and dispose of the same, and the pen~ittee shall have no claim against the City or its agents for damages resulting from the removal of said 12 flower planters. Section 5. That permittees convert- ant and agree that the revocable per- mit herein granted does not constitute an approval of the design, erection, location, construction, repair or main- tenance of said facility and said per- mittees hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, per- sonal injuries and/or property damage against the permittees arising out of or Regular Session, June 6,1983 183 in any way connected with the loca- 6on, installation, construction, design, repair and maintenance of the facfl* ily herein permitted. Section 6. This Ordinance shall bi.come effective and the rights here- under accrue to Cable Car Square Associainn when this Ordinance has been adopted by the City Council and *he terms and conditions thereof accepted by permittees by acceptance ~*ndo~sed on this Ordinance. Section 7. That the City Clerk be and he is authorized and directed to file at permittees' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, [owa, P~d, approved and adopted this ,~th day of June, 1983. Rimnda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 31-83 The undersigned having read and heing familiar with the terms and con- ditions of Ordinance No. 31-83 hereby, ' I'ol' themselves, their successors or ;ssigns, as owners of the abutting prop- ,~'~y, accept the same and agree to be hound by the conditions and agree- ments therein contained to be per- I'ormed by permittees. Dated: June 1, 1983 BY:/s/Susan W. Kunnert President BY:/s/Jane WalKs Price Secretary PubKshed officially in the Telegraph Iterald newspaper this 13th day of Jnne. 1983. Mary A. Davis City Clerk It 6/13 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Nofie. Absent--Mayor Brady. Communication of City Manager r~- questing that First (1) reading only be given on an Ordinance providing for rules and regulations regarding the In- dustrlal Park Pretreatment Program, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Hammel Carried by the following vote: Yeas--Mayor Pro-Tem Kronfeldt, Council Members Beurskens, Delch, Hannnel, Klauer, K]uesner. Nays--None. Absent--Mayor Brady. An ORDINANCE Providing for establishing Rules and Regulations for the Industrial Park Pretreatment Pro- gram, presented and read. Council Member Kluesner moved that the reading just had be con- sldered the first reading of the Or- dinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tem Krunfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending acceptance of Radford Industrial Park Water Storage Facili- ty Project, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Krordeldt, Council Members Beurskans, Deich, Hammel, Klauer, Klansner. Nays--None. Absent--Mayor Brady. (Accepting Improvement) RESOLUTION NO. 134-83 WHEREAS, the contract for the In- dustrial Park Water Storage Tank has been completed and the City Manager has examined the work and ~ed his certificate stating that the same has been completed according to tho terms of the contract, plans and specifica- tions and recommends its acceptance; NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- merit be and the same is hereby ac- ceptod. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the Water Divi- sion-Construction Fund and Economic Development Administra- 184 Regular Session, June 6, 1983 tion funds in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel. Klauer, Kluesner. Nays--None. Absent--Mayor Brady. (Final Estimate) RESOLUTION NO. 135-83 WHEREAS, the contract for the In- dustrial Park Water Storage Tank has been completed and the City Engineer has submitted his final estimate show- lng the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of Dubuque, Iowa: Section 1. That the cost of said im- provement is hereby determined to be $547,170.0~ and that said amount shall be paid from the Water Divi- sion-Construction Fund and Economic Development Administra, tion funds of the City of Dubuque, Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Nays--None. Absent--Mayor Brady. Communication of City Manager re- questing to certify to the Dubuque County Auditor a llst of delinquent re- fuse collection accounts, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tom Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 136-83 Resolution Authorizing the City Manager to Collect Delinquent Refuse Collection Accounts in Accordance with Section 17-37(d} of the Code of Or- dinances of the City of Dubuque, Iowa. WHEREAS, City refuse collecC~on from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory; and WHEREAS, at least annually, the City Manager is required to prepare a list of persons who are delinquent in the payment of the required charges; and WHEREAS, delinquent refuse col- lection charges shall be certified by the City Clerk to the Dubuque County Auditor for collection with, and in the same manner as, general property taxes; NOW THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons named hereinunder, owning the property thereby set forth, are delinquent in the payment of refuse collection charges in the amount set aside of the name. James E. & Judith A. Ostert (Con- tract) Robert L. & Jean Ostert (Owner) 125 Nicolet St. Lot 1, Sub 85 Linehan Park add. Lot 1, Sub 85A Linehan Park add. (6-4-4-48) $62.79 Vernon F. & Dorothy Thomas (Con- tract) Mary Thomas (Owner) 731 Louise St. Lot 24 Maple Leaf Add. No. 2 Lot 25 Maple Leaf Add. No. 2 (6-3-3-86) $82.79 Regular Session, June 6, 1983 185 Mary G. Corell(Owner 1460MiilerR¢ Lot 1-1-1-2-1-1-1-1-1-1-1 Mineral Lot 499 (6-13-1-18) $62.79 Alvin D. & Constance M. Legrand (Contract) John H. & Helen L. Pollock (Owner) 1553 Southern Ay. Lot 1-1-1-6 Shiptons Resub. (6-14-1-15 $62.79 David Michael & Barbara Jean Hum- mel (Owner) 1637 Manson Rd. Lot 1-2-1-2-4 Mineral Lot 501 Lot 2-3 Mineral Lot 509 (6-14-2-44) $62.79 Nicholas & Marie Merfeld (Owner) 575 Cedar Cross Rd. Lot 2-1-1-1-2-3 Mineral Lot 219 Lot 2-2-1-2-1-1-2 Mineral Lot 220 (6-12-2-66) $62.79 John W. & Mary Gerdeman (Owner) 3567 Crescent Ridge L~t 19 Dubuque Homes, Center Grove Place No. 2 (6-10-4-29) $62.79 Section 2. That the City Clerk be and is hereby ordered and directed to tify to the County Auditor of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the pay- ment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set op- posite the names of the owners. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of City Manager re- questing to certify to the Dubuque County Auditor a list of delinquent sewer accounts, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 137-83 Resolution Authorizing the Collection of Delinquent Sewer Accounts in Ac- cordance with Sections 35-55 and 36-59 of the Code of Ordinances of the City of Dubuque, Iowa. WHEREAS, Section 36-55 of the Code of Ordinances authorizes the Ci- ty to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewer system, and WHEREAS, Section 36-59 of the Code of Ordinances provides that the City shall have a lien upon the real pro- perty served by the sanitary system for all delinquent rates and charges, and WHEREAS, said delinquent sewer charges shall be certified by the City Clerk to the Dubuque County Auditor, and same shall then be collected with, and in the same manner as, general property taxes, NOW THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the person named hereinafter, owning the following described property, has unpaid charges in the amount set ou~ and that said charges are delinquent. Mary G. Corell (Owner) 1460 Miller Rd. Lot 1-1-1-2-1-1-1-1-1-1-1 Mineral Lot 499 (6-13-1-18) $105.08 Section 2. That the City clerk be and is hereby ordered and directed to ce~ tify to the County Auditor of Dubuque County, Iowa, that the person named 186 Regular Session, June 6, 1983 herein is delinquent in the payment of sewer charges in the amount set aside of the name, and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the parcel of property set op- posite the name of the property owner. Section 3. That the delinquent sewer charges be and the same shall be cai~ leered with, and in the same manner as, general property taxes as is provid- ed by law. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurckens. Car- ried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt Council Members Beurckens, Deick, Hammel, Klauer, Kinesner. Nays--None. Absent--Mayor Brady. Communication of Planning and Zoning approving final plats (3) in Nor- thrange Subdivision, presented and read. Council Member Beurskens mov- ed that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt Council Members Beurskens, Delch, Hammel, Klauer, Kluesnar. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 138-83 Resolutlon Approving Plat of the sub- division of Lot 5, Block 3 of "Embassy West" in the city of Dubuque, Iowa. WHEREAS, there has been filed with the City Clork a plat of the Sub- division of Lot 5, Block 3 of "Embassy West" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that Lot 2 of Lot 5, Block 3 of "Embassy West" does not meet the minimum frontage requirements and Lot 1 of Lot 5, Block 3 of "Embassy West" is to be dedicated for public right of way; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- ing Commisslan on the condition that Lot 2 of Lot 5, Block 3 of "Embassy West" shall be considered non- buildable until incorporated into Lot 4 of "Embassy West" and Lot 1 of Lot 5, Block 3 of "Embassy West" shall be dedicated to the public for roadway purposes via the plat of "Northrange Sub. No. 1"; and WHEREAS, said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City of Dubuque upon said pla$ pro- vided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: a)That Lot 2 of Lot 5, Block 3 of "Em- bassy West" shall be considered non- buildable unless and until it is in~o~ )orated into Lot 4 of "Embassy West';' and b) That Lot i of Lot 5, Block 3 of "Em- bassy West" is to be dedicated to the public for roadway purposes via the plat of "Northrange sub. No. Section 2. That in the event the owner fails to execute the Acceptance provided for in Section i herein within forty.five (45) days after the date of this resolution, the provisions herein slmll be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Regular Session, June 6, 1983 187 Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldi Council Members Beurskens, DeicI Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 139-83 Resolution Approving the plat of th~ Subdivision of Lot 2 of Southeast One quarter of Southeast One Quarter, Section 20, Township 89 North, Range 2 East of Fifth Principal Meridian, in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of Sub- division of Lot 2 of Southeast One Quarter of Southeast One Quarter, Section 20, Township 89 North, Range 2 East of Fiftb Principal Meridian in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that Lot 2 of the subdivision of Lot 2 of Southeast One Quarter of Southeast One Quarter, Section 20, Township 89 North, Range 2 East of the Fifth Prin- cipal Meridian is to be dedicated for public right of way; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- ing Commission on the condition that Lot 2 of Subdivision of Lot 2 of Southeast One Quarter of Southeast One Quarter, Section 20, Township 89 North, Range 2 East of the fifth Prin- cipal Meridian is to be dedicated to the public for roadway purposes via the plat of "Northrange Sub. No. 1"; and WHEREAS, said plat has been ex- aminad by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City of Dubuque upon said pla~ pro~ vided that the owner of said property shall execute a written acceptance hereto attacked, acknowledging and agreeing: a) Lot 2 of Subdivision of Lot 2 of Southeast One Quarter of Southeast One Quarter, Section 20, Township 89 North, Range 2 East of Fifth Principal Meridian, is to be dedicated to the public for roadway purposes via the plat of "Northrange sub. No. 1". Section 2. That in the event the Owner fails to execute the Acceptance provided for in Section i herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Beurskena moved adoption of the Resolution. Seconded by Council Member Hanunal. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfoldt, Council Members Bourskena, Deich, Hammel, Klauer, Klnasner. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 140-83 Resolution Approving the Plat of Nor- thrange Subdivision No. 1 in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division to be known as "Northrange Subdivision No. I in the City of Dubu- que, Iowa; and WHEREAS, upon said plat appears a street to be known as Northrange Drive, togethor with certain public utifity easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been 188 Regular Session, June 6, 1983 examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE. IOWA: Section L That the dedications of Northrange Drive and eleven (11) feet north of Pennsylvania Avenue, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of "Nor thrange Subdivision No. 1" be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the city of Dubuque, Iowa, upon said pla~ provided the owners of said property herein named, execute their written acceptance hereto attach- ed agreeing; a) To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Northrange Drive with bituminous concrete, or with con- crete paving with integral curb, ail in accordance with City of Dubuque stan- dard specifications; b) To install sanitary sewer mains and sewer service laterals in accor- dance with plans submitted with the plat; c) To install water mains and water service laterals in accordance with plans submitted with the plat; d) To install storm sewers and cat- chbasins in accordance with plans sub. mittod with the plat; e) To install concrete sidewalks as re- qnired by Ordinances, and where directed by the City Engineer and the City Manager; f) To install boulevard street lighting in accordance with City specifications; g) To construct the foregoing im- provements in accordance with plans and specifications approved by the Ci- ty Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager; h) To construct said improvements, except sidewalks and street lighting prior to July 1, 1984 and to construct the sidewalks and street lighting prior to July 1, 1985. i) To maintain the foregoing im- provements for a period of four {4) years from the date of their acceptance by the City of Dubuque, Iowa; j) To provide the foregoing construc- tion and maintenance at the sole ex- pense of the subdivider Northrange Associates, Inc. as owner; k) To file an Affidavit with the Soil Conservation District prior to any land disturbing activity in accordance with Section 467A.164 of the Code of Iowa. and further provided that said Nor- thrange Associates, Inc., as owner of said Subdivision, secure the perfo~ manee of the foregoing conditions by providing security in such form and with such sureties as may be accep- table to the City Manager. Section 3. That in the event Nor thrange Associates, Inc. shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within forth-five (45) days after the date of this Resolution, the provi- sions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effoc- Passed, adopted and approved this 6th day of June, ~:983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis Cit~ Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hannnel. Carried by the renewing vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Harnmel, Klauer, Khiesner. Nays--None. Absent--Mayor Brady. Communication of Planning hnd Zohing submitting and approving final plat of Dubuque Industrial Center Fourth Addition, located east of Rad- ford Rd. and west and north of Chavenelle Rd., presented and read. Council Member Kluesner moved that the conununication be received and ill- ed. Seconded by Council Member Beurskens. Carried by the following Regular Session, June 6, 1983 vote: Yeas--Mayor Pro~Tern Kronfeldt Council Members Beurskens, Deich Hammel, Klauer, Klueener. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 141-83 Resolution Approving the Plat of "Dubuque Industrhil Center Fourth Addition" in the City of Dubuque Iowa. WHEREAS, there has been filed with the City Clerk a plat of the sub- division to be known as "Dubuque In- dustrial Center Fourth Addition" in the City of Dubuque, Iowa; and WHEREAS, upon said plat appears Future Court which the owner by said plat has dedicated for use as a public roadway; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and has had its ap- proval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that the public street to be known as Future Court has not been constructed; ~nd WHEREAS, the City Council has approved plans and has contracted for the improvement for Future Court as a public street, and therefore no addi- tional security is required for its ira- provement and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Future Court for public street pu~ poses as the same appears upon said pla$ be and the same is hereby ac, cepted. Section 2. That the plat of "Dubuque Industrial Center Fourth Addition" be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat. Passed, adopted and approved this 189 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting two Ordinances to clarify the process by which certain business licenses may be suspended or revoked, ~resented and read. Council Member Hammel moved that the communica- tion be received and fried. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Klueener. Nays--None. Abeent--Mayec Brady. ORDINANCE NO. 32-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 22-19 THERETO TO PROVIDE FOR A PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSES AND APPEAL PROCEDURES 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 Pro-Tern Kronfeldt, Council Members Beurskens~ Deich, Hammel, Klauer, Khesner. Nays--None. Abeont--Mayor Brady. Council Member Hammel moved that the rule roqdiring an Ordinance to be presented and read at two meetings prior to the meeting when find action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. 190 Regular Session, June 6, 1983 Absent--Mayor Brady. ORDINANCE NO. 32-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 22-19 THERETO TO PROVIDE FOR A PROCEDURE FOR SUSPENSION OH REVOCATION OF LICENSES AND APPEAL PROCEDURES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section LThat the Code of Ordi- nances of the City of Dubuque, Iowa he amended by enacting a new Sec- tion 22-19 to read as follows: "Sec. 22-19. License - Suspension, Rev- ocation, (l) The City Manager may, upon good cause, suspend or revoke any license issued under this Section for a period not to exceed one (1) year. (2) No new license shall be issued to any applicant, the spouse or tala- tire within the first degree of consan- guinity as defined by the Iowa Code of any licensee so suspended or revoked during said period of suspension or rev- ocation. (3) The City Manager shall cause to be issued a notice that said license is suspended or revoked and therein set forth the reason(s) therefore. Said notice shall be sent by first class United States mail to the registered business address on file with the City Clerk. (4) Appeal to the City Council from tbe decision of the City Manager shah be made by the licensee within ten (10) days from the date of suspension or revocation and shall be filed with the City Clerk. The applicant may present evidence to the City Council by way of public hearing as to why the license should not be suspended or revoked." Passed, approved and adopted this 6th day of June, 1983. Rhonda M. Kronfeldt, Mayor Pro-Tern ATTEST: Mary A. Davis, ¢'iiy Clerk I'ublished officially in the Telegraph tlerald newspaper this 13th day of June, 1983. Mary A. Davis City Clerk Counc'd Member Hammel moved final adoption of tho Ordinance. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Pro-Tom Kronfeldt, Council Members Bourskens, Deich, Hammai, Klauer, Klueener, Nays--None. Absent--Mayor Brady. ORDINANCE NO. 33-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY ENAC- TING A NEW SECTION 24-10 TO ARTICLE I OF CHAPTER 24 IN LIEU THERETO TO PROVIDE FOR PROCEDURE FOR SUSPENSION OR REVOCATION OF BUSINESS LICENSES AND APPEAL PRO- CEDURES, 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 Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Klueener. Nays--None. Absent--Mayor Brady. 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 tho following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hannnel, Klauer, Kluesnor. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 33-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 24-10 OF ARTICLE I OF CHAPTER 24 AND ENACTING A NEW SECTION 24~10 TO ARTICLE I OF CHAPTER 24 IN LIEU THEREOF TO PROVIDE FOR PROCEDURE FOR SUSPEN- SION OR REVOCATION OF BUSI- NESS LICENSES AND APPEAL PROCEDURES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- 'CIL OF THE CITY OF DUBUQUE, IOWA: Section l. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 24- Regular Session, June 6, 1983 191 10 of Article I of Chapter 24 and that the same be and is hereby repealed and a new Section 24-10 to Article I of Chapter 24 be enacted to read as fol- lows: "CHAPTER 24. ARTICLE I. OCCU- PATIONAL LICENSES GEN- ERALLY. Sec. 24-10. License - Suspension, Rev- ocation. (1) The City Manager may, upon good cause, suspend or revoke any license issued under this Chapter for a period not to exceed one (1) year. (2) No new license shall be issuel to any applicant, the spouse or rein- tire within the first degree of consan- guinity as defined by the Iowa Code of any licensee so suspended or revoked during said period of suspension or rev- ocation. (3) The City Manager shall cause to be issued a notice that said license is suspended or revoked and herein set forth the reason(s) therefore. Said notice shall be sent by first class United States mail to the registered business address on file with the City Clerk. (4) Appeal to the City Council from the decision of the City Manager shall be made by the licensee within ten (10) days from the date of suspension or revocation and shall be filed with the City Clerk. The applicant may present evidence to the City Council by way of public hearing as to why the license should not be suspended or revoked." Passed, approved and adopted this 6th day of June, 1983. Rhonda M. Kronfeldt, ATTEST: Mayor Pro-Tern Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of June. 1983. Mary A. Davis, City Clerk Couneil Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Daich. Carried by tho following vote: Yees--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Doich, Hammai, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting an Ordinance updating the rabies vaccination requiremonte for dogs and cats, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 34-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 7-45 IN LIEU THEREOF PROVIDING FOR THE VACCINATION AGAINST RABIES FOR DOGS AND CATS,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 Beurskens. Car- tied by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hamrael, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. 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 Beurskens. Car- ried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hanunel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 34-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 7-45 THEREOF AND ENACTING A NEW SECTION 7-45 IN LIEU THEREOF PROVIDING FOR THE VACCINATION AGAINST RABIES FOR DOGS AND CATS NOW THEREFORE, BE IT ORDAINED BY THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 7-45 therepf and enacting a new Section 7- 45 in lieu thereof as follows: '*See. 7-45. Vaccination Required. (a) It shall be unlawful for the owner of any domesticated species of 192 R~egular Session June 6, 1983 dog or cat to keep or maintain suck animal unle~ the dog or cat shall be vaccinated against rabies by a licensed veterinarian with a vaccine approved by the Iowa Department of Agricul- ture and administered in accordance with the following schedule. Age at Cisss of Primary Animal Vacnina- tion Booster Dogs 4months 1 y e a r later trienniaily thereafter Cats 4 months Annually* or 1 year later triennially thereafter * Approved three year vaccine may be substituted. (b) Inactivated nervous fi~ue vac~ cine may only be used in accordance with the rules of the Iowa State Department of Agriculture. (c) A copy of the Official Rabies Vaccination Certificate approved by the Iowa State Department of Agri- culture shail be a condition precedent to the i~uance of any license author- ized by this Article." Passed, approved and adopted this 6th day of June, 1983. Rhonda M. Kronfeldt ATTEST: Mayer Pro-Tern Mary A. Davis City Clerk Published offically in the Telegraph Herald newspaper this 13th day of June, 1983. Mary A. Davis, City Clerk Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt Council Members Beurskens, Deich, Hammel, Kinuer, Kluesner. Nays--None. Absent--Mayor Brady. Petition of Council Member Klauer recoramending a change in City Or~ dinanea Section 25-308 and Section 25~325(b) by deleting or at least modi- fying the words "and Saturday" regar- ding parking on City Streets presented and read. Council Member Klauer moved that the petition bo received and filed. Seconded by Coun- cil Member De,ch. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Kinuer, Kluesner. Nays--None. Absent--Mayor Brady. BOARDS & COMMISSIONS Planning and Zoning Commission -- 2-3Yr. Terms to Expire 5-24-86 (Terms of Knapp and Rosenow); Applicants: Daniel P. Ernst, Jim Farber, William A. Knapp, Ruth Nash, Richard R. Reiter, Ed Rosenow. Vote on the ap- ~dintments was as follows: Council Member Beurskens voted for Reiter and Rosenow; Mayor Brady--Absent; Council Member Deich voted for Knapp and Rosenow; Council Member Hammni voted for Reiter and Rosenow; Council Member Kinuer voted for Rosenow and Nash; Council Member Kluesner voted for Reiter and Rosenow; Mayor Pro-Tern Kronfeldt voted for Reiter and Rosenow; Therefore, Richard Reiter and Ed Rosenow appointed for three year terms which will expire May 24, 1986. RESOLUTION NO. 142-83 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following have 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. Angel Investment Co. Casey's General Store 2699 Rockdnie Rd. The Monday Company Casey's General Store 4003 Peru Rd. Dennis A, Althaus Family Beer Store 25 Ruby St. Dennis A. Altbeus Family Mart 3201 Central Ave. George K. Arvanitla Busy Bee Cafe 1958 Central Ave. Bishops Buffets, Inc. Kennedy Mall Cresinnes Bowling, Inc. 255 S. Main St. Lloyd Dalsing The Chateau 3750 Central Ave. Design Center, Inc. [niien Motor Inn 200 Main St. Regular Session, June 6, 1983 193 Fischer & Co., Inc. The Office Grill 9th & Main St. Fischer & Co., Inc. Fischer Bowling Lanes 880 Locust St. Lorraine A. Fransen 1900 Tap 1100 Lincoln Ave. Raymond L. & Kandis L. Huggstrom The Kegger 3412 Pennsylvania Hartig Drug Company, Inc. 700 Town clock Plaza Hartig Drug Company, Inc. 97 Locust St. Hartig Drug Company, Inc. 2255 J. F. Kennedy Rd. Hartig Drug Company, Inc. 2225 Central Ave. Hy-Vee Food Stores, Inc. Save-U-More 3333 Asbary Rd. Inn's of Iowa Ltd. Dubuque Inn Best Western 3434 Dodge St. Iowa Oil Co. Jackson Street IOCO 1998 Jackson St. Iowa Oil Co., Dodge Street IOCO 1481 Dodge St. JoTer, Inc. Bridge Restaurant 31 Locust St. KC& Sine. 4th and Main St. James J. Klauer Dog House Lounge 1646 Asbury Rd. Kopple's Inc. 1098 University Ave. Leonard Oil Company Site Service -389 1387 Dodge St. Marc's Big Boy Corp 2600 Dodge St. Nash Finch Company Warehouse Market 190 J. F. Kennedy Rd. Eugene A. Otting The Dip Tap 1689 Elm St. ~ichard E. Palmer & James B. McDonough Palmer Drug 2600 Dodge St. R & S Enterprises, Inc. Union Bus Depot 485 Central Ave. Revco Discount Drug Centers of Iowa, -3016 3049 Asbury Rd. Revco Discount Drug Centers of Iowa, -3020 Warren Plaza Sordahl Enterprises, Inc. Nabors Drug 1920 Elm St. Robert Spiegel & John Richman Avenue Top 1080 University Ave. Trausch Baking Company 25 Main St. Wareco System of Iowa 700 Rhomberg Ave. Vivian Heinz Oky Doky -7 3301 Pennsylvania TFM Co. Oky Doky -6 1256 Iowa St, TFM Co. Oky Doky -9 51 W. 32nd St. Dodge House Corp. Dodge House Motel 701 Dodge St. LaVern Hennen Vern's Fastop D-X 3300 Asbury Rd. Catherine Meyer Meyer's Tavern 530 E. 22nd St. Peter Oeth & Dennis Slowey Hardee's Drive-INN 703 Dodge St. Rainbo Oil Co. KWIKSTOP Food Mart 229'/University Ave. Transport Sales Co, KWIKSTOP Food Mart 1075 Dodge St. Marionette Tindell Puppott Inn 1097 Jackson St. Will Co., Inc. Oky Doky foods - 10 805 West 5th St. Mary L. Detainer E1 Toro Lounge 1445 Central Ave. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk 194 Regular Session, June 6, 1983 Council Member Klauer moved adoption of the Resolution. Seconded by Council Member De{ch. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Dclch, Hammel, Klauer, Klueener. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 143-83 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 RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fo{lowing named ap- pi{cants a Beer Permit. CLASS "B" BEER PERMIT James L. Ferring Ted's Tap 385 E. 13th St. Passed, adopted and approved this 6th day of June, 1983 Rbenda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member De{ch. Carried by the fo{lowing vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, De{ch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 144-8~ 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- cup{ed 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 RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pilcants a Liquor License. CLASS "A" (CLUB) BEER AND LI- QUOR LICENSE Dubuque Lodge 355 Loyal Order of Moose (Also Sunday Sales) 1200 Maiu St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Marionette Tindell Puppet Inn 1097 Jackson St. Lloyd Dais{rig The Chateau (Also Sunday Sales) 3750 Central Ave. Milton E. Schwartz Airport Inn (Also Sunday Sales) 574 E. 16th St. JoTer Incorporated Bridge Res. & Lounge (Also Sunday Sales) 31-35 Locust St. Passed, adopted and approved this 6th day of June, 1983 Rhonda M. Kronfeldt Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member De{ch. Carried by the following vote: Yeas--Mayor Pro-Tom Kronfeldt, Counc'd Members Beurskens, De{ch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. MINUTES SUBMITTED: Airport Comm. of 5-3; Cable Regulatory Comm. of 5-11; Carnegie Stout Public Library of 4-19; Community Develop- ment Comm. of 5-10; Electrical Ex- aminlng Bd. of 5-10; Five Flags Comm. of 5-16; Housing Comm. of 5-17; Human Rights Comm. of 5-9; Transit Bd. Earnings Statement for month of April, 1988; Tele-Programming Com- mission of 5-10; P & Z of 5-4; Zoning Bd. of Adjustment of 4-21 and 5-19; Regular Session, June 6, 1983 195 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 Pro-Tern Kronfeldt, Council Members Beurskens, De{ch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. NOTICES OF CLAIMS: Merlin Obarbrockling, father of Karen Ober- brockling et al, in amount of $16,177.65 for personal injuries; James Maisenburg in amount of $150 for car damages; presented and read. Council Member Beurskens moved that the claims be referred to the Cor- poration Counsel for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, De{ch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of City Solicitor Lindahi recommending settlement of Florence Cummings claim, for per- serial injuries, in the amount of $2,375.00, presented and read. Council Member Beurskens moved that the communication be received and filed and the claim be approved with Finance Director to issue proper check. Seconded by Council Member Klauar. carried by the fo{lowing vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, De{ch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communications of Corporation Counsel recommending denials of fo{lowing claims: Personal injury claim of LaVerne G. Peters; Personal injury claim of Frances McDonald; Personal Property and loss of real estate sale claim of Edward Jaeger; Backed-up sewer damages claims of Henry F. Baal, presented and read. Council Member Beurskens moved that the communications be received and filed and that the denials be approved. Seconded by Council Member Klauer. Carried by the fo{lowing vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, De{ch, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Bethany Home submitting copy of their Annual Audit for December 31, 1982 and 1981, presented and read. Council Member Beurskens moved that the Audit be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfcldt, Council Members Beurskens, De{ch, Hammel. Klauer, Kluesner. Nays--None. Absent--Mayor Brady. City Manager submitting monthly reports of the Finance Director and Cf- ty Treasurer for April, 1983 presented and read. Council Member Beurskens moved that the reports be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, De{ch, Halnmel, Klauer, Klaesner. Nays--None. Absent--Mayor Brady. Proofs of publication on List of Claims for month of April, 1983; Notice of Intent to file a request for release of funds for FDL Foods, Inc. Capital Improvement and Renovation Project (UDAG); Notice of Intent to file a request for release of funds for Dubuque Industrial Center West cai- de-eec construction, presented and read. Council Member Beurskens moved that the proofs of publications be received and fried. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, De{ch, Hammel, Klauer, Kluesner. Nays--None. Abeent--Mayor Brady. Council for KDUB-TV advising of Motion for Extension of Time before F.C.C. be extended for three weeks to and including June 9, 1983, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, De{ch. Hammel, Klauor, Kluesner. Nays--None. Absent--Mayor Brady. 196 R~egular Session, June 6, 1983 May 13, 1983 Honorable Mayor and Members of the City Council Per a written request of the City Manager dated January 17, 1983 and in accordance with Chapter 400 of the 198~ Code of Iowa, the Civil Service Commission conducted written ex- aminations on March 15, 1983 and Physical Agility tests on April 26 and 27, 1983 for the position of Firefighter- Entrance Level. We hereby certify that the following individuals have successfully passed both the written and physical agility tests and are hereby qualified to be considered for the position of Firefighter for the City of Dubuque. Michael J. Pluemer Ronald A. Kuehn Thomas H. Burdt Michael G. Knowles Garry J. Arensdorf Kevin R. Stevens Todd J. Davis Terryl E. Stewart Joseph A. Blodgett David M. Zude A second list is available for cer- tification after the above list has been exhausted. Respectfully submitted, John E. Hess Chah-person Gerald J. Koppes Dolores A. Reihle Civil Service Commission ATTEST: Mary A, Davis Secretary Council Member Beurskens moved that the communication be made a matter of record. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Pro-Tern Kronfeidt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Communication of City Manager submitting revised version of the draft EIS dated January, 1980 for Dodge St. improvomente from essentially Bluff St. to Fremont Ave., presented and read. Council Member Beurskens moved that the communication be received and flied. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of Walter Pregier, Chairman of the Dubuque Transit Trustee Bd., requesting that if a change in the Ordinance regarding parking in bus stops is made, it include the requirement that vehicles be out of the bus stops prior to 5:00 a.m., and if not, they would be towed at owner's expense, 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 Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of Human Rights Commission Chairperson advising of their continuing investigation of user fees and/or the possibilities of getting a contract with the federal govern- ment which would reimburse them for cases which are cross-filed at the federal level, 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 Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Refunds Requested: James T. Clark dJb/a Buddy's $422.50 on unexpired Liquor License, presented and read. Council Member Beurskens moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Delch, Hammel, Klauer, Khiesner. Nays--None. Absent--Mayor Brady. Application of American Central Airlines, Inc. for a certificate of Public Convenience and necessity for in- terstate and overseas Air Transports- tion before Civil Aeronautics Boards, presented and read. Council Member Beurskens moved that the application be received and Regular Session, June 6, 1983 197 filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Petition of Dubuque Golf & Country Club requesting permission to display fireworks on July 4, 1983, at 9:15 p.m. on the club grounds, presented and read. Council Member Beurskens moved that the petition be approved and referred to the City Mgr. for coordina- tlon. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Communication of Sol Kessler and Marianne Kessler submitting their resignations from the Housing Code Appeals Bd. and Human Bights Com- mission respectively, presented and read. Council Member Beurskens moved that the communication be received and filed and resignations accepted with regret. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Nays--None. Absent--Mayor Brady. Communication of City Manager ad- vising the parade route for the Scs- qnicentendial Parade to be held on Ju- ly 2nd, has been approved with ali par- ties concerned, presented and read. Council Member Beurskens moved that the communication be received and filed~ Seconded by Councll Member Klauer. Carried by the follow- big vote: Yeas--Mayor Pro-Tern Kronfeldt, Council Members Beurskens, Delch, Hammel, Klau. er, Khiesner. Nays--None. Absent--Mayor Brady. There being no further business, Council Member Kluesner moved to adjourn. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Pro-Tem Kronfeldt, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Mayor Brady. Mary A. Davis City Clerk Approved. 1983 Adopted 1983 Mayor Council Members ATTEST: City Clerk 198 Special Session, June 20,1983 CITY C 0 U N C I L ] manufacturing, Proceselngor assembl' OFFICIAL Special Session, June 20, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council, Members Beurskens, Delch, Haramel, Klauer, Kluesner, City Manager W. Kenneth Gearhart, Corporation Counsel Harley F. Stark, Jr. Absent--Council Member Kronfeldt. Mayor Brady 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 on the proposed Industrial Develop- ment Revenue Bonds (Series 1983), Frommelt Partnership Project and ac- ting upon such other business which may properly come before the Council. Invocation was given by Msgr. David A. Wheeler, Pastor of St. Joseph's Church. Communication of Attorney Leo Mc- Carthy submitting documents pro- riding for a Public Hearing on From- melt Partnership Project in accor- dance with IRS regulations, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the fofiowing vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kconfeldt. RESOLUTION NO. 145-83 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1983 (From- melt Partnership Project) WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and em- powered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, provoments and equipment or any in- terest therein, suitable for the use of any industry or industrles for the lng of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been r~ quested by Fronunelt Partnership (the "Company"), an Iowa general partner- ship, to issue its revenue bonds to finance the cost of the acqulsltion by construction or purchase of a building, equipment and improvements suitable for use as an approximately 163,000 square foot facility to be leased to Frommelt Industries, Inc. (the "Lessee") for the manufacture of loading dock shelters, impact doors, safety equipment (fire resistant fabrications) and other heavy textile products and for use as the national headquarters of the Company and the Lessee (the "Project") located at 4343 Chavenefie Drive in Dubuque, Iowa, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop- ment Revenue Bonds, Series 1983 (Frommelt Partnership Project) of the Issuer in an aggregate principal amount not to exceed $5,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the obligation of which will be suffi- cient to pay the principal of and redemption premium, if any, and in- terest on the Bonds as and when the same shah be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a )ublic hearing on the proposal to issue the Bonds, all as required and provid- ed for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Public Library Auditorium in Dubuque, Iowa, on the 18th day of Ju- ly, 1983~ at Z'30 o'clock, p.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who Special Session, June 20, 1983 199 appear shah be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fourteen (14) days prior to the date fixed for the hearing, in Telegraph-Herald a newspaper published and having a general cireula~ tion within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1983 (Frommelt Partnership Project) The City Council of the City of Dubuque, Iowa, (the "Issuer") will meet on the 18th day of July, 1983, at Public Library Auditorium in Dubu- que, Iowa, at 7:30 o'clock, p.m., for the purpose of conducting a public hear- lng on the proposal to issue Industrial Development Revenue Bonds, Series 1983 (Frommelt Partnership Project) of the Issuer, in an aggregate principal amount not to exced $5,000,000 (the "Bonds"), and to loan said amount to Frommelt Partnership (the "Com- pany"), an Iowa general partnership, for the purpose of defraying the cost, to that amount, of the acquisition by construction or purchase of a building, equipment and improvements suitable for use as an approximately 163,000 square foot facility to be leased to Frommelt Industries, Inc. (the "Lessee") for the manufacture of loading dock shelters, impact doors, safety equipment (fire resistant fabrications) and other heavy textile products and for use as the national headquarters of the Company and the Lessee, to be located at 4343 Chavenefie Drive in Dubuque, Iowa. The Bonds, when issued, win be limited obligations and will not con- stitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the prin- cipal of and interest and redemption premium, if any, on the Bonds as and when the same shah become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shah adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 20th day of June, 1983. Mary A Davis City Clerk Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurekens moved adoption of the Resolution. Seconded by Council Member Kluesnec. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurekens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager submitting documents and pro- ceedings providing for the construc- tion of the Peru Road Water Main, from Terrace Heights Mobile Home Park to Kennedy Road, presented and read. Council Member Delch moved that the communication be received and fi]- ed. Seconded by Council Meml~n' Klauer. Carried by the fo]lowing Yeas--Mayor Brady,Council Members Beurskens, Dcich, Hamm~l~ Klauer, Klueener. Nays--None. Absent--Council Member Kronfeldt. (Necessity for Improvement} RESOLUTION NO. 146-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- merit, and an estimate of the cost for Special Session, June 20, 1983 201 2O0 Special Session, June 20, 1983 the Peru Road Watermain. BE IT THEREFORE RESOLVED that the City Council deems it ad- vlaabla and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifiea- tions, contract or estimated cost of the improvement, they shah be deemed to have waived all objections thereto. Said improvement shall be con- strutted and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the city Clerk. That the cost and expense of making said improvement will be paid from the Water Depreciation Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 20th day of June, 1983. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved ap- proval of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Preliminary Approval of Plans) RESOLUTION NO. 147-83 BE IT RESOLVED by the City Councri of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the PERU ROAD WATERMAIN in the estimated amount of $73,746.63 ore hereby approved and ordered fried hi the Office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Delah, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. (Fixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 148-83 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion for the Peru Road Watermain, 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 18th day of July, 1983, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium of the City of Dubuque at which time interested persons may ap- pear and be heard for or against the proposed plans and specifications, form of contract and cost of said ira- provement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- qUe, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 12th day of July, 1983. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held at the Public Library Auditorium at 7:30 p.m. on the 18th day of July, 1983. Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Council Member Beurskens moved to suspend the rules to allow anyone to speak if they so desire. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady. Council Members Beurskens, Deich, Hammel. Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Petititon of Auleen C. Eberhardt, Director of the Catholic Mothers Study Clubs of Dubuque, requesting to address the Council relative to charging fees at the Eagle Point Park, presented and read. Mary Hickey, 1560 Iowa, on behalf of Mrs. Eberhardt, voiced objection to the $1 fee to enter a vehicle to Eagle Point Park. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing Mayor be authorized to ex- ecute a Purchase of Services Agree- ment with the Chamber of Commerce for the Fiscal Year beginning July 1, 1983, covering the City's financial par- ticipation in the Chamber's Conven- tion and Visitor's Bureau, presented and read. Council Member Beurskens moved that the communication be received and filed and the Mayor be authorized to execute the Agreement. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hannnai, K~auer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager submitting Service Agreement bet- ween the City and the Phone-A-Friend, Inc. Information and Referral Service, presented and read. Council Member Hammel moved that the conununicaU~on be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer. Khiesner. Nays--None. Absent--Council Member Kronfaidt. RESOLUTION NO. 149-83 WHEREAS, the City of Dubuque, Iowa, has negotiated with the Phon~ A-Friend, Inc. Information and Refer- ral Service to provide previously un- supplied services for the expressed purpose of aiding the City of Dubuque meet the social and economic needs of the low and moderate income persons and the long term unemployed; and WHEREAS, a copy of said Agree- ment is hereto attached and by reference made a part thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That th~ Agreement by and between the City of Dubuque, Iowa, and the Phone-A-Friend~ Inc. In- formation and Referral Service be and the same is hereby approved, Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, 202 Special Session, June 20, 1983 Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskous, Deich, Hammel, Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing authorization to execute ser- vice agreement for the Washington Neighborhood Tool Library, Inc. for continuation of a free tool lending vice, presented and read. Council Member Deich moved that th~ communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Nays--Council Member Klauer. Absent--Council Member Kronfeldt. RESOLUTION NO. 150-83 WHEREAS, the City of Dubuque, Iowa has negotiated with the Washington Neighborhood Tool Library, Inc. to provide services for the expressed purpose of aiding the Ci- ty of Dubuque to maintain its housing stock, and aid ih the prevention of slum and blight in areas of low/moderate income persons; and WHEREAS, a copy of said Agree- ment is hereto attached and by reference mede a part thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement by and between the city of Dubuque, Iowa and the Washington Neighborhood Tool Library, Inc. be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Bearskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Delch, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing authorization for the Mayor to execute an Agreement with the Dubuque Humane Society to provide animal shelter services for the City for the year beginning July 1, 1983, presented and read, Council Member Beurskens moved that the commun~catlon be received and filed and the Mayor to execute the Agreement. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Nays--Council Member Klauer. Absent--Council Member Kronfeldt. Communication of City Manager r~ questing to file application for Com- munity Development "Emergency Jobs Bill" funds with HUD, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady,Council Members Beurskens, Deizh, Hammel, Nays--None. Absent--Council Member Kroufoldt. RESOLUTION NO. 151-83 Authorizing the Filing of a Program Special Session, June 20, 1983 203 Statement for a Community Develop- ment Block Grant for the City of Dubuque WHEREAS, the City of Dubuque is entitled to participate in the Com- munity Development Block Grant "Jobs Program" authorized under the provisions of Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Dubuque has been declared eligible for funding hi the amount of $292,000 commenc- ing July 1, 1983; and WHEREAS, the Community Development Block Grant Statement has been development so as to give maximum feasible priority to ac- tivities which will benefit low and moderate income persons, aid in the prevention or elimination of slums and blight, benefit the unemployed and the needy, and maximize creation of new employment opportunities for the long term unemployed; and WHEREAS, the City of Dubuque has provided the citizens of the com- munity with opportunities to comment on the Program Statement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of a Pro- gram Statement for participation in the Community Development Block Grant "Jobs Program" is hereby ap. proved, and the Mayor of the City of Dubuque is hereby authorized and documentation on behalf of the City of Dubuque. Section 2. That the City Manager is hereby authorized and directed to sub- mit in the required number of copies, the executed Statement of Intent to the U.S. Department of Housing and Urban Development and other ap- propriate agencies together with such other dovuments evidencing the ap- proval and authorizing the execution and implementation of such Statement of lntont as may be required, Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager re- questing authorization to publish notice for Environmental Review Fin- dings for projects to be funded under the "Jobs Bills" Act, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Delch, Hammel, Klouer, Khiesner. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 152-83 A Resolution Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Projects WHEREAS, the City of Dubuque is proposing to enter into a Grant Agree- ment commencing July 1, 1983 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under the "Jobs Bill" Act; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Ur- ban Development an environmental review has been processed for the pro- ects hereinafter described to be financed with Community Develop- ment "Jobs Bill" funds; and WHEREAS, an ad hoc Environmen. tal Review Committee has after due consideration made a determination that the projects are not a major Federal action significantly affec~ng the quality of the human environment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- 204 Special Session, June 20, 1983 CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for said projeetz available for public inspection, Such Notice shall be in the form of Exhibit "A" attached hereto and made a part hereof Housing Rehabilitation Loan Program Miscellaneous Public Improvements ("Jobs Now") Removal of Architectural Barriers Economic Development Activities Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of July 5, 1983, authorizing the submission of a request to the U.S. Department of Housing and Urban Development to undertake the projects. Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bcarskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Member Kronfeldt. Communication of City Manager submitting Ordinance authorizing car- tification of delinquent charges for water services to County Auditor, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Vote on the motion Yeas--Council Members Beurskens~ Hammel, Klauer, Klueener. Nays--Mayor Brady, Council Member Deich. Absent--Council Member Kronfeldt. MOTION FAILED. An ORDINANCE Amending the Code of Ordinances of the City by enacting a new sub-section (d) to Sec- tion 36-164 thereof providing for the assessing of delinquent Water Ser- vices Charges, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with, and final adoption of the Or- dinance. Seconded by Council Member Klauer. Vote on the motion was as follows: Yeas--Council Members Beurskens. Hammel, Kluesner. Nays--Mayor Brady. Council Members Deich, Klauer. Absent-Council Member Kronfeldt. MOTION FAILED. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Council Members Beurskens, Hammel, Kluesner. Nays-Mayor Brady, Council Members Delch, Klauer. Absent-Council Member Kronfeldt. MOTION FAILED. Communication of City Manager re~ questing adoption of Supplement -17 to the Code of Ordinances, presented and read. Council Member Klauer moved that the communication be received and ill- ed. Seconded by Council Member Beurskens. Carried by the following voto: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesnar. Nays--Nona. Absent--Council Member Kronfeldt. RESOLUTION NO. 153-83 Adopting Supplement Number 17 to the Code of Ordinances of the City of Dubuque, Iowa WHEREAS, under date of November 16, I983, the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, Special Session, June 20, 1983 2O5 1981; and WHEREAS, since March 10, 1981 the City Council of the City of Dubu- que, Iowa, has adopted certain or- dinances amending the Code of Or- dinances and said amendments have been printed as supplements to the Code of Ordinances. WHEREAS, Section 380.8 of the Code of Iowa provides that sup- plements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Supplement No. 17 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, up to and through March 21, 1983, printed by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Passed, adopted and approved tMs 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskena. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klanar, Klueener. Nays--None. Absent--Council Member Kronfeldt. Communication of Planning and Zoning Commission approving final plat of "Evelyn Tharp Place" in Mineral Lot 324 located on Peru Road northeast of Monroe Avenue, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council' Members Beurskens, Delch, Harnmel, Kinesner. Nays--Council Member Klauer. Absent--Council Member Kronfeldt. RESOLUTION 154~83 A Resolution Approving the Plat of the Subdivision of Lot 1, Lot 2, Lot 3 and Lot 4 of "Evelyn Tharp Place" in Mineral Lot 324 in the City of Dubu- que, Iowa. WHEREAS, there has been filed with the City Clerk a plat of Lot 1, Lot 2, Lot 3 and Lot 4 of "Evelyn Tharp Place" in Mineral Lot 324 in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- arnined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amlned by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the plat of Lot 1, Lot 2, Lot 3 and Lot 4 of "Evelyn Tharp Place" in Mineral Lot 324 in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said pla~ Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the renewing vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klanar, Kluesner. Nays--None. Absent--Council Member Kronfeldt. City Manager requesting acceptance of an Offer of Grant in an amount not to exceed $438,200 to the City from Economic Development Administra- 2O6 Special Session, June 20, 1983 tion, presented and read. Council Member Hammel moved that the Offer of Grant be approved and authorized Mayor to execute same. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady,Councll Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Mayor Brady submitted the sum- mary on evaluations of appointed of- ficlals, specifying that City Clerk Mary A. Davis earned a 2.53 on the eight items of evaluation, out of a possible 3.0, that Corporation Counsel Harley F. Stark, Jr. earned a 1.82 on eight items of evaluation out of a possible 3.0 and that City Manager W. Kenneth Gearhart earned a 2.44 on ten items of evaluation out of a possible 3.0. Council Member Beurskens rosy- ed that they schedule the Agenda Item concerning the appointed Staff's Contract on the same night as the Parking Meter Audit. Seconded by Mayor Brady. Carried by the following Yeas--Mayor Brady,Council Members Beurskens, Hammci,Kluesner. Nays--Council Member Deich, Klauer. Absent--Council Member Kronfeldt. RESOLUTION NO. 155-83 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and cigarette Papers within said City. Astgen's Foods Ltd 1t01 Rhomberg Ave. Hurdet J. Ginter 1545 S. Grandview Ave. Earl E. Schumacher 2204 Central Ave. Trane-Miss Investments, Inc. 2335 University Ave. Dick Albert 3200 Central Ave. William J. Baum 500 Rhomberg Ave. James J. Birkett 55 Locust St. Joseph F. Blelle 2600 Central Ave. Earl G. Corbett 408 W. Locust St. Nelda L. Doty 1091 Main St. Dubuque Golf & Country Club Randall Place Mike Finnin Ford, Inc. 3600 Dodge St. Curtis Gerhard 2186 Central Ave. Grandview Drug Co. 486 N. Grandview Ave. Clair Haas 2617 University Ave. Heron, Inc. 709 University Ave. Hiatt and Schroeder Tap, Inc. 2401 Windsor Ave. David H. Hoffman 450 West Locust St. Holiday Oil Diet, Inc. 605 Dodge St. Holiday Oil Dist, Inc. 400 Rhomberg Ave. Holiday Oil Dist., Inc. 14th and Central Ave. Holiday Oil Dist., Inc. 1685 J. f. Kennedy Rd. Michael T. Hopkins 1604 Central Ave. J. D. Street & Co., Inc. 55 J. F. Kennedy Rd. Wilfred Kennedy 3453 Jackson St. Elizabeth M. Krajnovich 342 West 8th St. John Latimer & Chuck Noel 1450 Loras Blvd. Vincent Mescber 1233 Rhomberg Ave. William J. & James D. Murphy 139 Locust St. John W. Noonan 1618 Central Ave. David J. Nowack 1007 Main St. Judy O'Connell 504 Central Ave. Perkins Restaurants, Inc. 3500 Dodge St. Joseph Poller 2612 Dodge St. Pride Service Inc. 2175 Central Ave. Special Session, June 20, 1983 Pride Service, Inc. 280 Locust St. Judith M. Sandidge 1301 Rhomberg Wayne A. Scbellmeyer 176 Locust St. Earl E. & E. Thomas Schumacber 250 West First St. Patricla Lombardi Schuster Point Marina Dorothy Shaffer 1103 Iowa St. Linda L. Sheldon 1399 Jackson St. Melvin A. Spiegelhniter 1029~ Main St. Earl Tegeler 2311 Windsor Ave. Earl Tegeler 620 S. Grsndview Ave. David Ungs 2987 Jackson St. Walgreen Co. 555 J. F. Kennedy Drive Linda Sinnard Walsh 2245 J. F. Kennedy Rd. Dick Zee Wuag 378 Main St. Dubuque Building Town Clock Plaza Dubuque Municipal Airport RR 2 Enka Co. 2400 Karper Blvd. Hoffman House Restaurant 3100 Dodge St. W. C, Ward 1876 Csntral Ave. American Leglua 1306 Delhi St. Apartmsuts Ltd., Kennedy Mall Paul E. Anthony 1185 Dud6s St. Bakehmd Donut Shops 1675 Kennedy Rd. Robert Barton 1400 White St. Daniel Bauer 351 Dodge St. Benevolent & Protective Order of Elks 2699 Kennedy Rd. Wayne & Judy Botsford and Ronald & Dona Ollngar 1027 Rhombsrg Ave Mike Bower 1064 University Ave. Donald Brimeyer 1002 Rhomberg Ave. Dennis Meyer Bunker Hill Road Carol Burchette Phyllis Dunne 1400 Central Ave. Rita Clancy 201 E, 22nd St. Clarke College 1550 Clarke Drive William F. Dunne Jones & Locust St. Douglas Fink & Richard Pitz 700 E. 16th St. Douglas Fink & Richard Pitz 2119 Rhomberg Ave. Carol Fortmann 2327 Central Ave. Fraternal Order of Eagles 1175 Century Drive. Donna M. ointer 1701 Asbury Rd. Marco Gdinta 2022 Central Ave. James W. Goetzlnger 2776 Jackson St. Earl R. & Mary Leu Haferbecker 1401 Elm .St. Holiday Inns, Inc. 1111 Dodge St. Howard Johnson Co. 50 J. F. Kennedy Rd. Sam Jasari 2260 J. F. Kennedy Rd. James Kachevas 665 Dodge St. Robert J. Kehl 2nd Street Harbor Bakeland Donut Shops 2900 Central Ave. Bnkaiand Donut Shops 607 E. 22nd St. Beverly Lateen 3050 Asbury Rd. Milton Marty 5th and Locust St. Mike McCann 690 W. Locust St. Noreen Millman 601 Rhomberg Ave. Mi-Lo Associates 3100 Dodge St. · MiNa, Inc. 2620 University Ave. Moracco Supper Club 1413 Rockdale Rd. 207 2O8 Special Session, June 20, 1983 1933 Inc. 225 West 6th St. Dave and Joanna Oberhroeckling 2660 Dodge St. Mary Poire Highway 20 West Ponderosa Systems, Inc. 2035 Kennedy Rd. Randall's Foodarama 3500 Dodge St. Randall's Foodarama '2 2013 Central Ave. Redstone, Inc. 504 Bluff St. Delores Roeth 600 Central Ave. Sears-Roebuck Co. 300 S. Locust St. Francis J. shanahan 2480 University Ave. Daniel and Thomas Smith 2417 Rhomberg Ave. Steve Smith 1105 University Ave. Steve Smith 1585 Delhi St. Steve Smith 2418 Central Ave. Robert Spiegelhalter 2364 Washington St. Target Stores Inc. Warren Plaza Town Clock Inn, Town Clock Plaza Tri-Stete Independent Blind Society 1098 Jackson St. Jerry Turner 925 Century Drive Village Investments 1940 J. F. Kennedy Rd. Brian Vincent 3305 Asbury Road Jack's Tap 2093 Washington St. Zayre Snack Bar Corp. 255 J. F. Kennedy Rd. Ronald Waters 3201 Jackson St. Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Delch, Hammel, Nays--None. Absent--Council Member Kronfeldt. Dubuque Invitational Softbali Tour- nament requesting to transfer their Class "B" Beer Permit to McAleece Field on July 2nd thru July 10th (Kiwanis Tournament), presented and Council Member Klauer moved that the transfer be approved. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 155A-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 ac- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have flied proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicante a Beer Permit. CLASS "B" BEER PERMIT Catherine M. Meyer 530 E. 22nd St. Pusateri Bros. Inc. 2400 Central Ave. Peter J. Oeth & Dennis J. Sloway 1895 J. F. Kennedy (Also Sunday Sales) Nites of the Square Table, Inc. Marshall Park (Also Sunday Sales) CLASS "C" BEER PERMIT Harriet J. and Nancy E. Ginter 1545 S. Grandview (Also Sunday Sales) Special Session, June 20, 1983 2O9 John George Miller, Sr. Riverview Park (Also Sunday Sales) Revco Discount Drug Centers of Iowa, Warren Plaza (Also Sunday Sales) Earl E. and Thomas Schumacher 250 West 1st (Also Sunday Sales) J. D. Streett & Co., Inc. 55 J. F. Kennedy (Also Sunday Sales) Heinz Convenience Stores, Inc. 3301 Pennsylvania (Also Sunday Sales) Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. RESOLUTION NO. 155B-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 fonowing named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE American Legion Post 6 1306 Delhi St. Creslanes, Bowling, Inc. 255 S. Main St. {Also Sunday Sales) Fischer & Company, Inc. 880 Locust St. (Also Sunday Sales) 709 University Ave. Wilfred Kennedy 34th and Jackson ST. Elizabeth Krajnovich 342 West 8th St. Kenneth J. Love 802 Central Ave. Eugene Otting 1689 Elm St. Riverside Bowl, Inc. 1860 Hawthorne St. (Also Sunday Sales) Dolores E. Roeth 600 Central Ave. John L. Savary 827 Dodge St. Wayne Paul Schollmayer 176 Locust St. (Also Sunday Sales) Daniel, Thomas, & Janice Smith 2417 Bhomberg Ave. Melvin A. Spiegelhalter 1029 Main St. Ronaid Waters 3201 Jackson St. Passed, adopted and approved this 20th day of June, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Printed Council Proceedings for the month of February, 1983, presented for approval. Council Member Klauer moved that the proceedings be approv- ed as printed. Seconded by Councli Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens. Deich, Hannnel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. 210 Special Session, June 20, 1983 MINUTES SUBMITTED: Cable Regulatory Comm. of 6-8; Civil Service Comm. of 4-25 and 5-3; Community Development Comm. of 5-23 & 6-7; Historic Preservation Comm. of 4-18 and 5-31; Plumbing Bal. of 5-26; Tran- sit Bd. of 5-12 and Earning Statement for month of May, 1983; Cable Com- munity Teie.Programming Comm. of 6-7; Public Library of 5~17; Airport Comm. of 6-7; Planning and Zoning Comm. of 6-1, 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 Brady,Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Member Kronfeldt. NOTICES OF CLAIMS: Atty. Larry Kurt, on behalf of Edward Jaeger, for damages resulting from backed-up sewer; Herbert L, McClean, in est. amt. of $1,073,38 for car damages; Freida McConnell, in amt. of $193.06 for car damages; Atty. Paul Fitzeimmons, on behalf of Jacqueline Rose, in amt. of $1,000 for physical and emotional harm damages; Thomas J. Bertjens, in unknown amt. for per- serial injuries; Michael McMahan, in unknown amt. for property damages, presented and read. Council Member Klauer moved that the claims and suits be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Counsel for KDUB-TV advising of Extension of Time, before F.C.C. in order to incorporate recently received additional material into its pleading, presented and read. Council Member Klauer moved that it be received and filed. Seconded by Council Member Beurskens. Carried by the foilowing vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Member Kronfeldt. Connnunication of Iowa D.O.T, ad- vising of Public Hearing to be held by them on July 12 at 7:00 P.M. at Five Flags Center, on the proposed im- provement of U.S. 20 between Concord St. and the proposed U.S. 61 connec- tion in Dubuque, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Nays--None. Absent--Council Member Kronfeidt. Communication of Attorney Joseph Bitter, on behalf of Jed Klabei, re- questing a remedy to filling positions for Bus Drivers in connection with Chapter 400 of the State Code of Iowa AND Communication of Corporation Counsel Stark submitting response to request of Mr. Bitter, presented and read. Council Member Deich moved that the communications be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady,Council Members Beurskous, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeidt. City Manager submitting reports of the Finance Director and Deputy Finance Directo~; for the month of May, 1983, presented and read. Council Member Klouer moved that the reports be received and filed. Seconded by Council Member Beur- skens. Carried by the foilowh~g vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. Jaycees requesting to hold Fireworks on July 4th at Veteran's Memorial Park, presented and read. Council Member Klauer moved that the request be approved, subject to the implementation Of the City Special Session, June 20, 1983 Manager. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammei, Klauer, Kluesner. Nays--None. Absent--Council Member Kronfeldt. 9:23 P.M. Council Member Klauer moved to go into Closed Session to discuss with Counsel matters of pen- ding litigation. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskous, Deich, Hammel, Klauer, Kluesnec. Nays--None. Absent--Council Member Kronfeldt. 9:39 P.M. Council Reconvened -- Direction had been given to the Legal Staff on pending litigation. There being no further business, Council Member I-Iammel moved to ad- journ. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady,Council Members Beurskens, Deich, Hammel, Kluesner. Nays--None. Absent--Council Members Klauer and Kronfeidt. Mary A. Davis City Clerk Approved 1983 Adopted 1983 Mayor Council Members ATTEST: City Clerk 211 212 Special Session, June 25,1983 Special Session, June 29, 1983 213 CITY COUNCIL OFFICIAL Speclal Session, June 25, 1983. Council Met at 9:00 A.M. in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klanar, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- peration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to DISCUSS CON- TRACTS FOR COUNCIL APPOINT- ED STAFF. Council Member Kluesner moved to renew contracts as they are, (for City Manager W. Kenneth Gearhart and Corporation Counsel Harley F. Stark, Jr. as is). Seconded by Council Member Deich. Discussion followed between Council Members and Council Member Hammel questioned if both contracgs are included with motion. Affirmation answer. Vote on the mo- tion was as follows: Yeas--Mayor Brady, Council Members Deich, Klauer, Khiesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. There being, no further business, Council Member Hammel moved to ad- journ. Seconded by council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, FAauer, Kluesner, Kronfeldt. Nays--None, Gerald Petersen of Dee Gosling Inc. reviewed Parking Audit with members of Council and Staff following meeting. Mary A. Davis City Clerk Approved. 1983 Adopted 1983 Mayor Council Members ATTEST: City Clerk CITY COUNCIL OFFICIAL Special Session, June 29, 1983. Council Met at 5:15 P.M. in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to DISCUSS CON- TRACTS FOR COUNCIL APPOINT- ED STAFF. A motion that W. Kenneth Gearhart's contract be renewed from January 1, 1985 to December 31, 1985 was made by Council Member Ham- mel and seconded by Council Member Beurskens. Following discussion the motion was withdrawn. Discussion followed as to purpose of meeting. Council Member Harnmel moved that the contract with Mr. Stark, the Corporation Counsel, be terminated el- fective July 1, 1983. Seconded by Council Member Beurskens. No Roll Call Taken. Council recessed at 5:28 P.M. Reconvened in regular session at 5:38 P.M. Following discussion on proper pro- cedures on Robert's Rules of Order and motions made, Council Member Hammel moved to amend his original motion to be "Harley F. Stark be discharged from city employment ef- fective July 1, 1983". Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Council Members Bnarskens, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Klauer. There being no further business Council Member Klauer moved to ad- journ. Seconded by Council Member Hammel, Carried by the following vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel, Klauar, KInasnar, Kronfeldt. Nays--Nona. Mary A. Davis City Clerk Approved 1983 Adopted Mayor Council Members ATTEST: City Clerk _1983