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1983 September Council Proceedings302 Special Session, August 15, 1983 Regular Session, Se CITY COUNCIL OFFICIAL Regular Session, September 5, 1983. Council Met at 7:30 o'clock p.m., in the Council Chambers at City Hall. No Members of the Council being present, the meeting was adjourned subject to call. Mary A. Davis City Clerk Approved 1984 Adopted 1984 Council Members ATTEST: City Clerk ,tember 5, 1983 303 Adjourned Regular Session, September 6, 1983 CITY COUNCIL OFFICIAL Adjourned Regular Session, September 6, 1983. Council Met at 7:30 o'clock p.m., in the Council Chambers at City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Assis- tant City Attorney William Binm. Mayor Brady read the cail and stated that service thereof had been duly made and this is an Adjourned Session of the Regular Session of September 5, 1983, called for the par- pose to act upon such business which may properly come before the Council. Invocation was given by Dr. Donald McKim, Assistant Professor of Theology, University of Dubuque Theological Seminary. PROCLAMATIONS: Month of September as "Vocation Reh,,a.b~ta- tion Month" Sept. 5 thru 10 as Umon Label Week" Nov. 20 thru 27 as "Bible Week" Week of Sept. 26 as "Dubuque Community Access Week" John White of the Iowa Public Works Assn. presented Frank Mar- ray, Public Works Director, with the "Man of the Year" Award. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following yeas--Mayor Brady, Council Members Boorskens, Deich, Hanunel, Klauer, Kluesner. Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing providing for the establish- merit of the Lower Bluff Street Historic Preservation District, presented and read. There were no written objections present at the time set for the Hear- lng. Council Member Klauer moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfoldt. Nays--None. Communication of 4th Street Neighborhood Assn. recommending Lower Bluff St. be incorporated as a Historic Preservation District AND Petition of Property Owners (approx. 68%) in the Lower Bluff St. area re- questing Council to adopt proposed Ordinance and thereby establish the Lower Bluff St. District, presented I read. Paul Peckosh and .Dorothy Hull spoke in favor of the proposed designa- Council Member Klauer moved that the communication and petition be received and filed. Seconded by Court- cil Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Beurskons, Deich. Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. ORDINANCE NO. 43-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY ENACTING A NEW SECTION 6.4 OF CHAPTER 19¼ TO PROVIDE FOR THE ESTABLISHMENT OF THE LOWER BLUFF ST. HISTORIC PRESERVATION DISTRICT, CONTAINING THE PROPERTIES HEREIN AFTER DESCRIBED, AND PURSUANT TO THE REQUIREMENTS OF CHAPTER 19¥~, OF THE CODE OF ORDINANCES, SAID ORDINANCE HAVING BEEN presented and read at the Council Meeting of July 5, 1983, presented for final adoption. ORDINANCE NO 43-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY ENACTING A NEW SECTION 6.4 OF CHAPTER 19~/~ TO PROVIDE FOR THE ESTABLISHMENT OF THE LOWER BLUFF STREET HIS- TORIC PRESERVATION DIS- TRICT, CONTAINING THE PROPERTIES HEREINAFTER DESCRIBED AND PURSUANT TO THE REQUIREMENTS OF CHAP- TER 19% OF THE CODE OF ORDI- NANCES. WHEREAS, Chapter 19% of the Cede of Ordinances, City of Dubuque, Adjourned Regular Session, September 6, 1983 305 Iowa provides for the identification and designation of historic districts, upon petition or upon the initiative of the Historic Preservation Commission; and WHEREAS, petitions have been filed with the Historic Preservation Commission, requesting designation of such historic district for properties located primarily along Bluff Street from south of Jones Street to the south of Eighth Street; and WHEREAS, the Historic Preserva- tion Commission has heretofore reviewed the City's 1979 Architectural Survey describing the architectural resources of the proposed Lower Bluff Street Historic Preservation District, and has made a recommendation in favor af estabBshing said District; and ~/&rlEREAS, the Planning and ~on- ing Commission has reviewed the p¥o- posal and has found it to be consistent with general development plans and zoning regulations pertaining to the proposed District; and WHEREAS, the City Council has conducted a public hearing on the pro- posal to designate the properties hereinafter described as the Lower Bluff Street Historic Preservation Dis- trict, according to provisions of Chap- ter 19% of the Code of Ordinances, and all provisions and conditions of said Chapter 19~/~ have been fulfilled. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 19~ of the Code of Ordinances of the City of Dubuque, Iowa, known as the City of Dubuque Historic Preservation Ordi- nance, be amended by enacting a new Section 6.4 to read as follows: "Section 19%-6.4 Lower Bluff Street Historic Preservation District. (a) DESIGNATED. The properties hereinafter described are hereby desig- nated as a historic preservation dis- trict, according to prbvisions of Chapter 19% of the Code of Ordi- nances, to wit: Beginning at the intersection of Locust Street and West Seventh Street; southwest along West Seventh Street to Bluff Street; northwest along Bluff Street to the northwest Ii e of Lot 5-C.L. 653A; southwest along said line to the southwest line of said lot; southeast along said line to the north- west line of the N.50' of Lot 1-1-C.L. 653; southwest along said line to the northeast line of Cori~ll's Dubuque Sub.; first southeast then in a clock- wise manner along said line to West Fifth Street; southeast along West Fifth Street; to the northwest line of the W. 107.5' - W. 170'-C.L. 614; south- west along said line to the northeast llne of Cooper Heights Sub.; southeast along said line and along the northeast line of Lot I-I-I-I-C.L. 692 to the north R.O.W. line of West Fourth Street; eouthwest along said R.O.W. line and along the northwest line of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast along Raymond Place to the northwest I/ne of Fenelon Point Sub.; first northeast then in a clock- wise manner along said line to the southwest line of Lot I-E. 78.5'-S. 100'- C.L. 692; southeast along said line to West Third Street; southwest along West Third Street to the southwest llne of Saint Raphadi's Add.; south- west along said line to the northwest line of Lot I-2-C.L, 694; first northeast then in a clockwise manner along said line to the northwesterly most line of Pixler Place; northeast along said line to the west R.O.W. line of Bluff Street; southeast across Bluff Street to the northeast line of C.L. 589A; con- tinning southeast along the northeast line of C.L. 589A and the northeast line of C.L. 589 and the northeast line of the N. 21'-N.I/~-C.L. 572 to Locust Street; northeast along Locust Street to the southwest line of the S.50' - C.L. 568; northwest along said line to BIS- sell Lane; north along Bissell Lane to West Fourth Street; northeast along West Fourth Street to Locust Street; northwest along Locust Street to West Seventh Street, the place of Beginning as described herein. (b) REVIEW STANDARDS ADOPTED. The properties within said described district shall be subject to the "Secretary of the Interior's Stan- dards for Historic Preservation Projects", as adopted by the Historic Preservation Commission for said Commission's review procedures that precede the issuance of a Certificate of Appropriateness pursuant to Chapter 19¥2 of the Code of Ordinances." PASSED, APPROVED and ADOPTED this 6th day of September, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of September, 1983. Mary A. Davis City Clerk It 9/12 Council Member Klauer moved final adoption of the Ordinance. Seconded 3O6 Adjourned Regular Session, September 6, 1983 by Council Member Beurskens. Car- rind by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reclassify property at south east corner of 15th and Elm Streets from "Iii Heavy Industrial District" to "OR-1 Office Residential District" as requested by Correctional Services, presented and read. There were no written objections received and no oral objectors were present at the time set for the Hear- lng. Dale Nederhoff gave the specifics of what the facility would be. William Jamison uncertain what the state funding cut of 2.8% would mean. Scott Terhune spoke in favor of the zoning and facility. A1 Blum questioned rezoning. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Amending the Code of Ordinances by revising Ap- pendix A thereof by reclassiIying pro- perty at the south east corner of 15th & Elm Streets from "HI Heavy In- dustrial District" classification to "OR-1 Office Residential District" classification, said Ordinance having been presented and read at the Council Meeting of August 15, 1983, presented for final adoption. Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Deich. NO VOTE TAKEN ON THE MOTION. Council Member Beurskens moved to table the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Nays--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to provide for the establish- ment of a "CR Commercial Recrea- tional District" presented and read. There were no written objections received and no oral objectors were )resent at the time set for the Hear- lng. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, Nays--None. ORDINANCE NO. 44-83 AN ORDINANCE AMENDING AP- PENDIX A OF THE CODE OF OR- DINANCES BY ADDING "CR COM- MERCIAL RECREATION DISTRICT" PRESCRIBING THEREIN A GENERAL PURPOSE AND DESCRIPTION, PRINCIPAL PERMITTED USES, ACCESSORY USES, CONDITIONAL USES, TEM- PORARY USES, BULK REGULA- TIONS AND PARKING AND SIGN REQUIREMENTS, SAID OR- DINANCE HAVING BEEN presented and read at the Council Meeting of August 15, 1983, presented for final adoption. ORDINANCE No. 44-83 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 A NEW SECTION 1-101.4.8 OF ARTICLE I ADDING "CR COMMERCIAL REC- REATION DISTRICT" TO THE LIST OF COMMERCIAL DIS- TRICTS ESTABLISHED BY THE ORDINANCE: AND FURTHER, BY ENACTING A NEW SECTION 4-123 OF ARTICI~E IV CREATING THE "CR COMMERCIAL RECREATION DISTRICT", PRESCRIBING THEREIN A GENERAL PURPOSE AND DESCRIPTION, PRINCIPAL PERMITTED USES, ACCESSORY USES, CONDITIONAL USES, TEM- PORARY USES, BULK REGULA- TIONS AND PARKING AND SIGN REQUIREMENTS: AND FUR- THER, BY REPEALING SECTION 5-104.4 OF ARTICLE V AND IN ACTING A NEW SECTION 5-104.4 OF ARTI- CLE V TO PROVIDE FOR THE INCLUSION OF "CR" TO THE LIST OF DISTRICTS SUBJECT TO Adjourned Regular Session, September 6, 1983 THE SCHEDULE OF OFF-STREET PARKING AND LOADING REQUIREMENTS: AND FUR- THER, BY AMENDING SECTION 5-105.2 OF ARTICLE V TO PRO- VIDE REGULATIONS FOR SIGNS IN THE "CR COMMERCIAL REC- REATION 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" by enacting a new Section 1-101.4.8 of Article I to wit: ARTICLE I ESTABLISHMENT OF DISTRICTS: PROVISIONS FOR OFFICIAL ZONING MAP AND INTERPRETATION AND AMEND- MENT THEREOF Section 1-101 ESTABLISHMENT OF DISTRICTS 1-101.4 Commercial Districts "8. CR Commercial Recreation Dis- trict" 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 Ohdinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Section 4-123 of Article IV to wit: ARTICLE IV DISTRICT REGU- LATIONS "Section 4-123 CR COMMERCIAL RECREATION DISTRICT 4-123.1 General Purpose and Description The CR Commercial Recreation District is intended to provide for com- mercial recreation facilities, together with their supporting uses, which gen- erally require large tracts of land and/or generate substantial volumes of traffic. 4-123.2 Principal Permitted Uses The following uses shall be permit- ted in the CR District: 1) Amusement centers, parks and kiddie parks 2) Amusement concessions and con- ceasinn operators 3) Athletic fields, stadiums and -sport~ arenas 4) Beaches 5) Bowling alleys 6) Campgrounds and recreational vehicle parks 7) Coin-operated amusement arcades 8) Dog racing, kennels, and track operations 9) Fairgrounds, circuses and carni- vals 307 10) Golf courses 11) Driving ranges, miniature golf, pitch and putt 12) Excursion beats and services 13) Health, sports, recreation and athletic clubs and organizatinns 14) Home racing, breeding and stable and track operations 15) Motels and hotels 16) Museums, art galleries, botanical and zoological gardens and arbore- tums 17) Parking lots and ramps 18) Picnic grounds 19) Pleosure craft harbors 20) Railroad, utility and public uses 21 ) Restaurants 22) Sports and recreational equip- ment rental and sales ' 23) Swhnming pools 24) Wetlands and wildlife habit 4-123.3 Accessory Uses Only those uses that are customarily incidental and subordinate to a prlnci- pal permitted use shall be allowed as an accessory use in the CR District. 4-123.4 Conditional Uses The following conditional uses are ~ermitted in the CR District, subject to the provisions of Article VI of this Ordinance: 1) Bars and taverns, other than accessory uses to a principal permitted use 2) Drive-In restaurants 4-123.5 Temporary Uses The following uses shall be permit- ted as temporary uses in the CR Dis- trlct 1) (Reserved for future use) 4-123.6 Bulk Regulations L Lot Area: No minimum 2. Lot Frontage: No minimum 3. Lot Coverage: No maximum 4. Required Front Yard: 35 feet on arterial streets; 20 feet on other streets 5. Required Side Yard: None required 6. Required Rear Yard: 10 feet plus 2 feet per story over the first story 7. Building Height: 100 feet maxi- mum 4-123.7 Parking Requirements Off-street parking and loading shall be provided in conformance with Sec- tion 5-104 of this Ordinance. 4-123.8 Signs All ~igm shall conform to the reguin- tions of Section 5-105." Section 3. 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 5-104.4 of Article V and by enact- 3O8 Adjourned Regular Session, September 6, 1983 lng a new Section 5-104.4 of Article V, in lieu thereof, to wit: ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS "Section 5-104.4 Schedule of Off- Street Parking and Loading Space Requirements Adopted Required off-street parking and loading spaces for uses within a C-I, C-2, C-3, C-4, C-7, CR, LI, HI, or PI District shall be as set forth in Sched- ule 5-104.4 hereby adopted by reference and declared to be a part of this Ordi- Section 4. 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 provision in Table 5-105.2 of Article V to wit: ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS Section 5-105 SIGN REGULA- TIONS Table 5-105.2 Schedule of Compre- hensive Si n Regulations Section 5. That the foregoing amend- ments have heretofore been approved by the Planning and Zoning Commis- sion of the City of Dubuque, Iowa. PASSED, APPROVED AND ADOPTED this 6th day of September, 1983. JAMES E. BRADY, MAYOR ATTEST: MARY A DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 12th day of September, 1983, Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hanunel, Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to reclassify Chaplain Schmitt Memorial Island from "HI Heavy In- dustrial District" to "CR Commercial Recreation District", presented and read. There were no written objections received and no oral objectors were present at the time set for the Hear- lng. Council Member Beurshens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Deieh. Carried by the follow- hag vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, He?reel, Klauer. Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 45.83 AN ORDINANCE AMENDING AP- PENDIX A OF THE ZONING OR- DINANCE TO RECLASSIFY PRO- PERTY ON CHAPLAIN SCHMITT MEMORIAL ISLAND FROM "HI HEAVY INDUSTRIAL DISTRICT" CLASSIFICATION TO "CR COM- MERCIAL RECREATION DIS- TRICT'' CLASSIFICATION, SAID ORDINANCE HAVING BEEN pre- ented and read at the Council Meeting of August 15, 1983, presented for final adoption. ORDINANCE NO. 45-83 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 RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY ON CHAPLAIN SCHMITT MEMORIAL ISLAND FROM HI HEAVY INDUSTRIAL DISTRICT CLASSIFICATION TO CR COMMERCIAL RECREATION DISTRICT CLASSIFICATION. BY IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nance~ of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordhaance and Zoning Map of the City of Dubuque. Iowa" to reclassify hereinafter described property from AdjOurned Regular Session, September 6, 1983 "HI Heavy Industrial District" classi- fication to "CR Commercial Recre- ation District" classification to wit: Chaplain Schmitt Memorial Island, a/k/a Area "C" Dubuque Industrial Park, a/k/a City Island, a/k/a Schmitt Island, a/k/a Harem Island in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 6th day of Septem- ber, 1983. James E. Brady, Ma or ATTEST: Mary A. Davis, City Clark Published officially in the Telagrap~ Herald newspaper this 12th day of'~ September, 1983. Mary A. Davis City Clerk It 9/12 Council Member Bourskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by tho following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hannnel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager r~ questing authorization be given to publish notice of a required Public Hearing on a proposal to discontinue the Rehabilitation Commission, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hannnel, Khauer, Khaesner, Kronfeldt. Nays--None. RESOLUTION NO. 21~83 Authorizing the Setting of a Public Hearing on the Discontinuing of the Rehabilitation Commission WHEREAS, the City Council of the City of Dubuque, Iowa, on June 1, 1983 adopted Ordinance 31-81 transferring the functions of the Rehabilitation Commission to the Community Development Commie- sion; and WHEREAS, it is in the best interest of the City of Dubuque to discontinue the Rehabilitation Commission; and WHEREAS, Section 392.7 of the Code of Iowa provides that prior to the dissolution of the Rehabilitation Com- mission that the City Council shall conduct a public hearing on the pro- posal after which thime such agency may be discontinued no sooner than thirty (30) days following the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk shall ~ublish notice as provided in Section 362.3 of the Code of Iowa of the intent of the City Council to discontinue the Rehabilitation Commissio~ Section 2. That the notice shall be in the form of Exhibit A attached hereto and made a part hereof Passed, approved and adopted this 6th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT A CITY OF DUBUQUE NOTICE OF PUBLIC HEARING The City Council of the City of Dubuque on September 6, 1983, adopted Resolution No. 219-83 propos- ing to discontinue the Rehabilitation Commission, A public hearing on this proposal will bo conducted by the Dubuque City Council on September 26, 1983 in The Public Library Auditorium at 7:30 p.m. to obtain public comment on the proposal. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurshens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager submitting documents providing for the procedures for the construction of the perimeter fencing for the Ball Park Complex, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the renewing vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. 310 Adjourned Regular Session, September 6, 1983 INecessity For Improvement) RESOLUTION NO. 220-83 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- fice 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 the Chaplain Schmltt Memorial Island Park and Recreation Complex, Ballfields Perimeter Fence. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the thne of the final con- sideration of this proposed resolution have filed objections with the City Cleck to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ail objections thereto. Said improvement shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the General Fund and a Grant from the Iowa Conservation Commission. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of September, 1983. Approved and placed on file for final action. APPROVED: James E. Brady Mayor 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 Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. (Approval of Preliminary Estimate of Plans, Specs. Etc.) RESOLUTION NO. 221-83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the Chaplain Schmitt Memorial Is- land Recreation Complex Bailfields Perimeter Fence, with the estimated cost of improvement to be $41,949.60, are hereby approved and ordered filed in the office of City Clerk for public in- spection. Passed, approved and adopted this 6th day of September, 1983. James *E. Brady Mayor 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 Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. (Fixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 222-83 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- rice of the City Clerk for public inspec- tion for the Chaplain Schmitt Memorial Island Park and Recreation Complex, BaHfields Perimeter Fence, 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 3rd day of October, 1983, a public hearing will be held at 7:30 p.m. in the City Council Chambers, City HaH at which time in- terested persons may appear and be heard for or against the proposed plans and specifications, form of con- tract and cost et said improvement, 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 circula- tion in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the Adjourned Regular Session, September 6, 1983 311 time of the final consideration of the proposed Resolution of Necessity have filed objections with the City Clerk, they shall be deemed to have waived all objections 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 hi 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 27th day of September, 1983. Bids shah be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action a~ta meeting to be held in the City CounCil Chambers, City Hall at 7:30 p.m. on the 3rd day of October, 1983. Passed, approved and adopted this 6th day of September, 1983. James E. Brady Mayor 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 Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Petition of Stan Hinke et al (20 signers) requesting a letter of support from the City Council to convince the Dubuque County Board of Super- visors to endorse the proposed license change for Hills and Dales, presented and read. Stan Hinke of 2411 Kaufman, re- quested Council consider giving letter of support, giving further specifics of the situation. Council Member Klauer moved that they grant the request and sent a let- ter to the Board of Supervisors. Seconded by Council Member Deich. NO VOTE TAKEN ON THE MO- TION. Council Member Kronfeldt moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Kluesner, Kronfeldt. Nays--Council Me~nbers Hammel, Klauer. Petition of John Felderman, Pres. of Dubuque In Future, Inc. requesting approval of Appraisal Findings for pricing of site in the Dubuque In- dustrial Center, presented and read. Mr. Felderman, 2222 Simpson, spoke to the communication. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 223-83 A Resolution Approving Appraisal Findings and Recommendations for the Pricing of Disposition Sites in the Dubuque Industrial Center WHEREAS, the City Council and the City of Dubuque, Iowa and Dubu- que In-Future. Inc. have entered into a Memorandum of Agreement. dated August 17, 1981; and, WHEREAS, Section 6 of the ~foresaid Memorandum of Agreement provides as follows: "6. The Corporation shall re- rain qualified rea] estate ap- praiser to make an appraisal of the fair market value of the disposition sites under its con- troh Fair market value shall be determined in accordance with the uses contemplated, the covenants, conditions and obligations assumed by the purchaser or lessee, or by the comparable value of other sites suitable for the contemplated use. Such appraisal shall be ob- tained within sixty days of the date of this Agreement and shall be transmitted to the CI- TY for its review and approval. Upon such approval, the state- ment of appraised fair market value shall be made a part of the Disposition Plan. The COR- PORATION shall cause a re- appraisal to be made at least once a year shall submit such reappraisal to the CITY for its approval. The CORPORA- TION shall not dispose of any real or personal property through sale, use or location and shall not enter into con- tracts or agreements for the disposition of industrial sites in the project at less than fair 312 Adjourned Regular Session, September 6, 1983 market value thereof without the written consent of the CITY in each case." WHEREAS, the Board of Directors of the Dubuque In-Futuro, Inc. has ob- tained the opinion of Thomas A. Luksetich, a qualified real estate ap- praiser, and has requested approval of a pricing structure for disposition sites in the Dubuque Industrial Center; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the opinion of Thomas A. Luksetich, appraiser, regarding fair market value of disposi~ tion sites in the Dubuque Industrial Center is hereto attached and is hereby acknowledged. Section 2. That the pricing structure of disposition sites in the Dubuque In- dastrial Center shall be no less than $.90 per square foot for industrial uses and no less than SL25 per square foot for commercial uses permitted by the Planned Industrial Zoning District on lots fronting Radford Road. Section 3. That the Board of Direc- tots of Dubuque In-Futuro may utilize guidelines for pricing disposition sites above the base prices set forth in Sec- tlon 2, herein, to reflect, at its disere- tion, the characteristics of the propos- ed use, the location and size of the development parce~ and the prevailing market conditions at time of sale. Section 4. That the Board of Direc- tore of Dubuque In-Futuro, Inc. may authorize, in specific cases, a refund of not more than 20% of a purchase amount made according to the price schedule set forth in Section 2, above, where it finds that substantial in- dustrial construction has occured on a disposition site within one year of con- veyance of such site, and the intent of such purchaser and the characteristic of such construction is to a¢com- modato an industrial operation employing more than 10 persons per acre acquirea~ and where a substantial portion of the jobs to be provided may be available to persons of Iow and/or moderate income. Section 5. That the Disposition Plan attached as Exhibit to the Memoran- dura of Agreement dated August 17, 1981 between the City of Dubuque, Iowa and Dubuque In~Futuro, Inc. is hereby amended by including therein the statement of fair market value as set forth above, for the period commen- cing one year from the date of this Resolution, according to requirements of Section 6 of the aforesaid Memoran- dum of Agreement. Passed, approved and adopted tkis 6th day of September, 1983. Jamec E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Buerskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Hal~k Waltz re- questing to address the Council regar- ding the Dock Commission minutes of July 27, 1983, presented and read. Mr. Waltz, George Freund, James Reynolds, Msgr. Sigwarth, Sandy Sanderson, all spoke concerning the er- roneous minutes and the placement of ~ marker on Chaplain Schmitt Island. Council Member Klauer moved that the communication be received and fil- ed and that Staff be directed to form lease with Chaplain Schmitt Memorial group and this group to erect marker as designed and in conjunction with the Public Works Director, Legal Staff and Dock Commission and bring back to Council. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Bearskens. 9:50 P.M. Council Recessed. 10:00 P.M. Council Reconvened. Petition of Ken Schromen, represen- tative of Chapter 327 of Experimental Aviation Assn. requesting permission to land and take off airplanes on the Northwest Arterial Highway on Oct. 22 and 23, presented and read. Council Member Beurskens moved that the petition be approved, subject to coordination of the City Manager and Legal Staff and bring back to the Council Meeting of Sept. 26, 1983 for further deliberation. Seconded by Council Member Klauer. Carried by the following vote: Adjourned Regular Session, September 6, 1983 313 Yeas--Mayor Brady, Council Members Seurskens, Klauer, Kronfeldt. Nays--Council Members Deich, Hummel, Klaesner. Verbal Petition of John L. Schroeder of 2250 Roosevelt Rd. requesting to address the Council regarding a zoning matter on his property, presented and read. Mr. Scbroeder requested that the Council overrule the Zoning Board of Adjustment's denial. Council Member Kronfeldt moved that the matter be received and filed with the supporting docm~aents and matter be referred to Staff. Seconded by Council Member Beurskens. Car- ried by the following vote: ~ Yeas--Mayor Brady. Council Members Beurskens, Deich, Hummel, Klauer. Kluesner, Kronfeldt. Nays--None. Petition of Brenda Bernal submit- ting petitions containing 513 signatures requesting to address the Council regarding the removal of en- trance fee on Eagle Point Park AND Petition of various "Point" district establishments requesting removal of the Entrance Fee at Eagle Point Park, presented and read. Council Member Klauer moved that the petitions be received and filed and that fee be removed from Eagle Point Park. Seconded by Council Member Deich. NO VOTE TAKEN ON THE MO- T/ON. Council Member Kronfeldt moved that the petitions be tabled. Seconded by Council Member Bearskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Council Member Deich, Klauer. Communication of City Manager re- questing approval of documents necessary to finalize transfer of easements in the Municipal Ice Harbor area between the Burlington Northern Railroad Co. and the City, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 224-83 Resolution Approving Plat of Agree- ment Re Alignment, Release and Ira- position of Easement Rights and Related Matters. WHEREAS, the City Council of the City of Dubuque and its Board of Dock Commissioners has completed agreements between the City of Dubu- que, the Burlington Northern Railroad Company and the Dubuque County Historical Society, to realign, release, exchange, impose easement rights and finalize agreements pertinent to development of the riverfront museum complex located on Third Street and the operation of the William M. Black Museum by the Dubuque County Historical Society in the Dubuque Municipal Ice Harbor; and WHEREAS, to finalize easement agreements in the Municipal Ice Har- bor area the plat of agreement re align- ment, release and imposition of ease- ment rights and related matters, and the agreement approved and signed by the Burlington Northern Railroad Company and the Dubuque County Historical Society, this agreement pro- riding for the exchange of easements through Lot AA of Lot A to the Burl- ington Northern Railroad from the Ci- ty of Dubuque with the transfer of the 40' driveway easement to the City of Dubuque from the Burlington Nor- thern Railroad Company, as depicted on the attached plat (marked Exhibit "A") dated January 19, 1983 and made a part of this record; and WHEREAS, the City of Dubuque Board of Dock Commissioners approw ed the easement exchange through Dock Resolutions 4-28-A and 6-29-83; and WHEREAS, the City Council of the City of Dubuque, Iowa approved these agreements through City Council Resolution No. 130-82 and City Coun- cil Resolution No. 155-82; and WHEREAS, copies of City Council Resolutions No. 130-82 and No. 155-82 and Dock Resolutions 4-28-A and 6-29-83 are attached hereto and become a part of this resolution; and WHEREAS, the City of Dubuque Board of Dock Commissioners recom- mends to the City Council the ap- proval of the described easement ex- change. 314 NOW, THEREFORE BE IT DIRECTED by the City Council: Section 1. That the document "Agreement Re Alignment, Release and Imposition of Easement Eights and Related Matters" marked "Ex- hibit A ", dated January 19, 1983 and signed by the Burlington Northern Railroad Company and the Dubuque County Historical Society be approv- ed~ Section 2. That the City Clerk be and is hereby directed to record and file this easement exchange with the copies of the agreements passed, adopted and approved through City Council Resolution No. 13082 and No. 155-82. Passed, approved and adopted this 6th day oI September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammet, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 46-83 · AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY ADDING A NEW "DIVISION 5" OF ARTICLE II, SEWERS AND SEWAGE DISPOSAL, TITLED "IN- DUSTRIAL PRETREATMENT PROGRAM AND RESCINDING SUBSECTION (3) OF SECTION 36-32 OF "DIVISION 2" DISCHARGE REGULATIONS TITLED DISCHARGE OF HARMFUL SUB- STANCES (AS AMENDED), SAID ORDINANCE HAVING BEEN presented and read at the Council Meetings of June 6, 1983 and August 15, 1983, presented for final adoption. ORDINANCE NO. 46-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY ADDING A NEW !'DIVISION 5', OF ARTICLE II, SEWERS AND SEWAGE DIS- POSAL, TITLED INDUSTRIAL I~RETREATMENT PROGRAM AND RESCINDING SUBSECTION (e) OF SECTION 36-32 OF "DIVI- SION 2" DISCHARGE REGULA- Adjourned Regul~ Session, September 6, 1983 T~ TITLED DISCHARGE OF HARMFULSUBSTANCES. NOW THEREFORE, BE IT )RDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: }IVISION 5 SECTION 36.70 GENERAL PROVI- SIONS (a) Purpose and Policy This Ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater col- lection and treatment system for the City of Dubuque, Iowa and enables the City to comply with all applicable State m~d Federal laws required by the Clean Water Act of 1977 (Public Law 95-217) and the General Pretreatment Regulation (40 CFR Part 403). The objectives of this Ordinance are: (1) To prevent the introduction of pollutants into the City's wastewater system which will interfere with the opertinn of the system or contaminate the resulting sludges; (2) To prevent the introduction of pollutants hito the City's wastewater system which will pass through the system, inadequately treated, into receiving watem or the atmosphere or otherwise be incompatible with the system; (3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and (4) To provide for equitable distri- hation of the cost of the City's was- tewater system. This Ordinance provides for the reg- uiation of direct and indirect contribu- tots to the municipal wastewater system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs result- lng from he program established herein. This Ordinance shall apply to the City of Dubuque, Iowa and to persons outside the corporate boundaries of the City of Dubuque, Iowa who oxe, by contract or agreement with the City, ~sers of the City of Dubuque's was- tewater treatment facility. Except as otherwise provided herein, the City Manager of the City of Dubuque, Iowa s°hall administer, implement and enforce the provisions of this Ordi- Adjourned Regular Session, September 6, 1983 315 (b) Definitions Unless the context specifically indi- cates otherwise, the following terms and phrases, as used in this Ordinance, shall have meanings hereinafter desig- nated: (1) Act or "the Act". Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. (2) Approval Authority. The Director in m~ NPDES state with an approved State Pretreatment Program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved State Pretreat- ment Program. (5) Authorized Representative of Industrial User. An authorized repre- sentative of an industrial user may be: a principal executive officer of at least the level of Vice President, if~the industrial user is a corporation; a gen- eral partner or proprietor if the indus- trial user is a partnership or proprietorship, respectively; a duly authorized representative of the indi- vidual designated above if the repre- sentative is responsible for the overall operation of the facilities from which the discharge originates. (4) Biochemical Oxygen Demana (BOD)~ The quantity of oxygen uti- lized in the biochemical oxidation of orgnuic matter under standard inbora- tory procedure, measured at 5 days, 20 degrees centigrade, expressed in terms of concentration (milligrams per liter (mg/1)). (5) Building Sewer. A sewer con- veying wastewater from the premises of a user into the City's wastewater system. (6) Categorical Standards. National Categorical Pretreatment Standards or Pretreatment Standards established by the U.S. Env/ronmental Protection Agency which applies to a specific category of Industrlal User. (7) City. The City of Dubuque, Iowa or the City Council of the City of Dubuque, Iowa. (8) City Manager. The City Man- ager of the City of Dubuque, Iowa or his designee. (9) Cooling Water. The water dis- charged from any use such as air con- ditioning, cooling or refrigeration, or to which the only pollutant added iv heat. (10) Control Authority. The term "control authority" shall refer to the City Manager of the City of Dubuque, Iowa. (11) Direct Discharge. The dis- charge of treated or untreated was- tewater directly into the waters of the State of Iowa. (12) Environmental Protection Agency (EPA). The U.S. Environ- mental Protection Agency, or where appropriate the term roSy also be used as a designation for the Administrator or other duly authorized official of said Agency. (13) Grab Sample. A sample which is taken from a water stream on a one- , time basis with no regard to the flow in the waste stream and without con- sideration of time. (14) Holding Tank Waste. Any woste from holding tanks such as ves- seh, chemical toilets, campers, trailers, septic tanks and vacuum pump trucks. (15) Indirect Discharge. The dis- charge or the introduction of hondo- mestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank wastes discharged into the system). (16) Industrial User. A source of indirect discharge which does not con- stitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342). (17) Interference. The inhibition or disruption of the POTW treatment processes or operations which contrib- utes to a violation of any requirements of the City's NPDES Permit. The term incindes prevention of sewage sludge use or disposal by the POTW in accor- dance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clear Air Act, the Toxic Sub- stances Control Act, or more stringent State criteria applicable to the method of disposal or use employed by the POTW. (18) National Prohibitive Dis- charge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of Sec- tion 307(b) of the Act and 40 CFR, Section 403.5. (19) New Source. Any source, the construction of which is commenced after the publication of proposed reg- uhtions prescribing a Section 307(c) (33 U.S.C. 1317) Categorical Pretreat- ment Standard which will be applica- ble to such source if such standard is thereafter promulgated within 120 days of proposal in the Federal R~qster. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the con- truction of which is commenced after the date of promulgation of the stan- dard. 316 Adjourned Regular Session, September 6, 1983 (20) National Pollution Discharge EBmination System or NDPES Per- mit. A permit issued pursuant 'to Sec- tion 402 of the Act (33 U.S.C. 1342). (21) Person. Any individual, part- nership, copartnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural wbere indicated by context. (22) pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions. (23) Pollution. The man-made or man-induced alteration of the chemi- cal physical, biological or radiological integrity of the water. (24) Pollutant. Any dredge spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive matetials, heat, wrecked or discharged equipment, rock, sand, cel- lar dirt and industrial, municipal and agricultural waste discharged into (25) Pretreatment or Treatment. The reduction of the amount of poilu- tants, or the alteration of the nature of pollutants, the elimination of polhi- rants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introduc- lng such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological pro- cess~s, except as prohibited by 40 CFR Section 403(d). (26) Pretreatment Requirements. Any substantive or procedural require- ment related to pretreatment, other than a National Pretreatment Stan- dard imposed on an industrial user. (27) Publicly Owned Treatment Works (POTW). A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipez, ~ewers or other convey- ance~ not connected to a facility pro- riding treatment. For the purposes of this Ordinance, "POTW" shah include any ~ewars that convey wastewater to the POTW from pemons outside the corparate boundaries of the City who are, by contract or agreement with the City, u~ers of the City of Dubuque's wastowater treatment facility. (28) POTW Treatment Plant. That portion of the POTW designed to pro- vide treatment to wastawater. (29) Shall is mandatory; May is permissive. (30) Significant Industrial User. Any user of the City's wastewater treatment facility who: (a) ha.s a discharge flow of 50,000 gallons or more per average work day; or (b) has a concentration of BOD equal to or greater than 300 milli- grams per liter; or (c) has a concentration of suspended solids equal to or greater than 350 milligrams per liter; or (d) has a concentration of oil and greases greater than 150 milligrams per liter; or (e) has a pH of tess than 5.5 units or greater than 10.0 units; or (f) has in its wastes toxic poilu- rants as defined pursuant to 40 CFR Section 403; or (g) is found by the City, State or the USEPA to have significant impact, either singularly or in combi- nation with other contributing indus- tries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emis- sions generated by the system. (31) Slug. A contribution that has a flow rate or contains concentrations or qualities of pollutants that exceed for any time petiod longer than 15 minutes more than 5 times the average 24 hour concentration, quantities or flow dur- ing normal operation. (32) State. State of Iowa. (33) Standard Industrial Classifi- cation (SIC). A classification pursuant to the standard industrial classification manual issued by the Executive Offing- of the President, Office of Management and Budget, 1972. (34) Storm Water. Any flow occur- ring or following any form of natural precipitation and resulting therefrom. (35) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering. (36) Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmen- tal Protection Agency under the provi- sion of CWA 307 (a) or other Acts. (37) User. Any person who contri%. utes, causes or permits the contribu- tion of wastewater into the City's POTW. (38) Wastowater. The liquid and water-carsied industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and instl- ~utions, together with any ground Adjourned Regular Session, September 6, 1983 317 water, surface water and storm water that may be present, whether treated or untreated which is contributed or permitted to enter the POTW. (39) Waters of the State. Ail streams, lakes, ponds, marshes, water- courses, waterways, wells, springs, res- ervoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, pub- lic or private, which are contained within, flow through, or border upon the State or any portion thereof. (40) Wastewater Discharge Per- mit, As set forth in Section 36.73 of this Ordinance. (c) Abbreviations The following abbreviations shall have the following designated mean- ings: BOD -- Biochemical Oxyge~ Demand CFR -- Code of Federal Regulations COD -- ChemicalOxygen Demand EPA -- Environmental Protection Agency I -- Liter mg -- Milligrams mg/l -- Milligrams per liter NPDES -- National Pollutant Dis charge Elimination System POTW -- Publicly Owned Treatment Works SIC -- Standard Industtial Classifi cation S~VDA -- Solid Waste Disposal Act, 42 U,S.C. 6901, et. seq. USC -* United States Code TSS -- Total Suspension Solids SECTION 36.71 REGULATIONS (a) General Discharge Prohibi- tions No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or perfor- mance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categurial Pre- treatment Standards. A user may not contribute the following substances to the POTW: (1) Any liquids, solids, or gases by which reason of their nature or quan- tity are. or may be, sufficient either alone or by interaction with other sub- stances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two suc- cessive readings on an explosion haz- ard meter, at the point of discharge into the system (or at any point in the system) be more than 5 percent nor any single reading over 10 percent of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to gasp- line, kerosene, naptha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxid es, chlorates, perchlorates, bromates, car- bides, hydrides and sulfides and any other substance which the city, State or EPA has notified the user is a fire hazard or a hazard to the system. (2) Solid or viscous substances which may cause obstructions to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to grease, garbage with l~articles greater than one inch (1') in any dimension, animal guts or itssues, paunch manures, bone, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or mar- ble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or poll hing wastes. (3) Any wastewater hying a pH less than 5.5 or greater than 10.0 or was- tewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW. (4) Any wastewater containing toxic pollutants in sufficient quantity, either singularly or by interaction with other pollutants, to injure or interefere with any wastowater treatment process, constituting a hazard to humans or animals, crest a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a Categurial Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pur- suant to Section 307(a) of the Act. (5) Any noxious or malodorous liq- uids, gases or solids which either sin- gularly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are suffi- cient to prevent entry into the sewers for maintenance and repairs. (6) Any substance which may cause the POTW's effluent or any other pro- duct of the POTW such as residue, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shah a substance discharged into the POTW cause the POTW to be in noncompliance with sludge use or dis- posal criteria, guidelines or regalations developed under Section 405 of the Act; any criteria, guidelines or regula- 318 Adjourned Regular Session, September 6, 1983 tions affecting sludge use or disposal developed pursuant to the SWDA, the Clean Air Act, the Toxic Substances Control Act, or State criteria appHca- bla to the sludge management method being used. (7) Any substance which will cause the POTW to violate its NPDES Per- mit or the receiving water quality standards. (8) Any wastewater with objection- able color not removed in the treat- ment process, such as but not limited to dye wastes and vegetable tanning solutions. (9) Any wastewater having a tom- perature which will inhibit biological activity in the pOTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 65 degrees Centigrade. (10) Any polintante, including oxy- gen demanding pollutants (BOD, etc.) released at a flow rate and/or pollu- tant concentration which a user knows or has reason to know will cause inter- ference to the POTW. In no case shall a slug load have a flow rata or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than 5 times the average 24 hour concentration, quanti- ties or flow during normal operation. (11) Any wastewatar containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limiin established by applicable State or Federal regulations. (12) Any wastewater which causes a hazard to human life or creates a pub- llc nuisance. When the City Manager determines that a truer{s) is contributing to the POTW any of the above enumerated substances in such amounts as to interfere with the operation of the pOTW, the City Manager shall: (1) advise the user(s) of the impact of the contribution to the POTW; and (2) develop effluent limitation(s) for such user(s) to correct the interference with the POTW. (b) Federal Categorical Pretreat- merit Standards Upon the promulgation of the Fed- eral Categorical Pretreatment Stan- dards for a particular industrial subeategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supercede the Hmitations imposed under this Ordinance. The City Manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. (c) Modification of Federal Cate- gorical Pretreatment Standards Where the City's wastewater treat- ment facility achieves consistent · emoval of pollutants limited by Fed- eral Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standard. "Con- slstent Removal" shall mean reduction in the amount of a pollutant or alters- tion of the nature of the pollutant by the POTW to a less toxic or harmless state which is achieved by the POTW in 95 percent of the samples taken when measured according to the proce- dures set forth in 40 CFR, Section 403.7(c)(2). The City may then modify pollutant discharge Hmita in the Fed- eral Pretreatment Standards if the requirements contained in 40 CFR, Section 403.7 are fulfilled and prior approval fr 3 the Approval Authority is obtained. (d) Specific Follutant Limitations No user(s) shall discharge was- tewater, either singularly or in com- bination with other user (s), concentrations of pollutants which shah exceed the following limitations as measured at the POTW: 0.04 mg/l Arsenic 0.01 mg/l Cadmium 0.70 mg/l Chromium (Total) 0.20 mg/l Copper 0.14 mg/l Cyanide 5.0 mg/l Iron 0.20 mg/l Lead 0.01 mg/l Mercury 0.10 mg/l Nickel 0.10 mg/l Silver 0.50 mg/l Zinc 150 mg/l Oil and Grease 2.5 mg/l Phenolic Com- pounds 500 mg/l Toluene (e) Excessive Discharge or Dihr- tion No user shall increase the use of pro- cess water or, in any way, attempt to dilute a discharge as a partial or com- plate substitute for adequate treatment to achieve compliance with the Hmita- tions contained in the Federal Categur- ical Pretreatment Standards, or in any other polhrtant-specific limitation developed by the State or City. (f) Accidental Discharges Each user shah provide protection from accidental discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided and main- rained at the owner's, or user's, cost and expense. Detailed plans showing Adjourned Regular Session, September 6, 1983 facilities and operating procedures to provide this protection shall be sub- mitred to the City for review, and shall be approved by the City Manager before construction of the facility. All existing users shall complete such a plan by December 1, 1983. No user who commences contribution to the POTW after the effective date of this Ordinance shall be permitted to intro- duce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsi- bility to modify the user's facility as necessary to meet the requirements of this Ordinance. In the case of an acci- dental discharge, it shall be the respon- sibility of the user to immediately talephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and correc- tire action pursued. Within five (5) days following an accidental discharge, the user shall submit to the City Manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liabil- ity which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or prop- erty; nor shall notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Article or other applicable law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising emvloyees whom to call in the event of an acci- dental discharge. Employers .shall insure that all emphiyees who may cause or suffer such an accidental dis- charge to occur are advised of the emergency notification procedure. Employees shah not be subjected to any disciplinary action, demotion, sus- pension or termination in connection with reporting any accidental dis- charge. SECTION 36.72 FEES (a) Purpose It is the purpose of this chapter to provide for the recovery of costs from users of the POTW for the implemen- ration of the program established herein. The applicable charges and fees shall be set forth in the City's Sched- ule of Charges and Fees. 319 (b) Schedule of Charges and Fees The City shall adopt charges and fees which may include: (1) Fees for reimbursement of costs of setting up and operating the Indus- trim Pretreatment Program. (2) Fees for monitoring, inspections and surveillance procedures. (3) Fees for reviewing accidental dis- charge procedures. (4) Fees for permit applications and renewals. (5) Fees for filing appeals. (6) Fees for the consistent removal (by the POTW) of pollutants other- wise subject to Federal Pretreatment Standards. (7) Other fees as the City may deem necessary to carry out the require- mente contained herein. These fees relate solely to the mat- rem covered by this ordinance and are separate from ah other fees chargeable by the City. FEE STRUCTURE (1) A general pretreatment admin- istration fee shall be assessed each Wastewator Discharge Permit Holder in the amount of $0.018 per 100 cubic feet of wastewator discharged into the POTW. (2) Surveillance monitoring and sample fees shall be assessed each Wastewator Discharge Permit Holder in the amount of $0.00 for each sample collected. (3) Laboratory testing fees shah be assessed on actual expenses incurred for each parameter tested in-house; and actual expenses incurred pins 100 percent for each parameter tested by outside laboratories. (4) Fees for investigating incidents of program noncompliance or accidental spills shah be based on time actually expended at $20.00 per hour. (5) A Wastewater Discharge Permit Application Fee shall be assessed each request for a Wastewater Discharge Permit in the amount of $100.00. Annual Wastewator Discharge Permit Application Renewals shah be assessed each request in the amount of $50.00. An additional fee of $100.00 per month shall be assessed for each month past the due date of permit renewal. (6) An appeal filing fee of $250.00 shall be assessed at the time of appeal. (7) Any person who discharges to~Jc substances or effluent into the POTW which exceed discharge limitations shah pay the City a fee equal to any fine, fee, or penalty imposed upon the City by any Federal or State agency. 320 (8) Fees for the consistent removal (by the POTW) of pollutants other- wise subject to Federal Pretreatment Standards shall be assessed by addi- tional treatment contracts negotiated between the City and the Wastewater Discharge permit Applicant. SECTION 36.73 ADMINISTRA- TION (a) Wastewater Dischargers It shall be unlawful for any signifi- cant industrial user to discharge with- out a permit issued by the City of Dubuque, Iowa to any natural outlet within the City, or hi any area under the jurisdiction of the City of Dubuque, Iowa, and/or to the POTW any wastewater except as authorized by the City Manager in accordance with the provisions of this Ordinance. (b) Wastewater Discharge Per- mits All significant industrial users pro- posing to connect to or contribute to the POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shah obtain a Wsztewater Dis~ charge Permit within 180 consecutive calendar days after September 6, 1983. Users required to obtain a Was tewater Discharge Permit shall com- plete and file with the City Manager an application in the form prescribed by the City and accompanied by a fee of $100.00. Existing users shall apply for a Wastewater Discharge Permit within 90 consecutive calendar days after the effective date of this 0rdi- nance, and proposed new users shall apply at least 90 consecutive calendar days prior to connecting to or contri- hating to the POTW. In support of the application, the user shah submit, hi units and terms appropriate for evalu- ation, the following information: (1) Name, address and location (if different from the address). (2) SIC number according to the Standard Industrial Classification Manual Bureau of the Budget, 1972, as amended. (3) Wastewater constituents and characteristics including but not llm- ited to those mentioned in Section 36.71 of this Ordinance. Sampling and analysis shall be performed in accor- dance with procedures established by the EPA pursuant to Section 304 of the Act and contained in 40 CFR, part 136, as amended. (4) Time and duration of contribu- tion. (5) Average daily and 15 minute peak wastewater flow rates, including Adjourned Regular Session, September 6, 1983 daily, monthly and seasonal variations, if any. (6) Site plans and details to show all sewers, sewer connections and appur- tenances by size, location and eleva- (7) Description of activities, facilities and plan processes on the premises including all materials which are or could be discharged. (8) Where known, the nature and concentration of any pollutants in the discharge which are gmited by City, State or Federal Pretreatment Stan- dards, and a statement regarding whether or not the Pretreatment Stan- dards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable Pretreatment Stan- dards. (9) If additional pretreatment wifi be required to meet the Pretreatment Standards, the shortest schedule by which the user will provide such pre- treatment. The following conditions shall apply to this schedule: (a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the constructinn and operation of additional pretreatment required for the user to meet the applicable Pre- treatment Standardr (e.g., hiring an engineer, completing preliminary plans, completing final plans, execut- lng contract, commencing' construc- tion, etc.). (b) The total time shall not exceed two and one-half years. (c) No later than 14 consecutive calendar days following each date in the schedule and the final day of compliance, the user shall submit a written progress report to the City Manager including, as a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return construction to the schedule established. (10) Number of employees, and hours of operation of plant and pro- posed or actual hours of operation of the pretreatment system. (11) Any other information as may be deemed necessary by the City to evaluate the permit application. The City will evaluate the data fur- nished by the user and may require additional information. After evahia- Adjourned Regular Session, September 6, 1983 321 tion and acceptance of the date fur- nished, the City Manager may issue a Wastewater Discharge Permit subject to terms and conditions provided herein. (c)Permit Modification Within six months of the promulga- tion of a National Categorical Pre- treatment Standard, the Wastewater Discharge Permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categurial Pretreatment Standard, has not previously submitted an application for a Wastewater Dis- charge Permit as required by this Sec- tion, the user shall apply for a Wastewater Discharge Permit within 90 consecutive calendar days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing Wastewater Discharge Permit shall submit to the City manager within 90 consecutive calendar days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by paragraphs (8) and (9) under Subsec- tion (b) of this Section. (d) Permit Conditions Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and ali other applicable regulations, user charges and fees established by the City. Permits may contain the following: (1) The unit charge or schedule of user charges and fees for the was- tewater to be discharged into the POTW. (2) Limits on the average and max- imum wastewater constituents and characteristics. (3) Limits on average and maximum rate and time of discharge or require- ments for flow regulation and equaliza- tion. (4) Requirements for installation and maintenance of inspection and sam- piing facilities. (5) Compliance schedules. (6) Requirements for submission of technical reports or discharge reports (See Subsection (g) of thls Section). (7) Requirements for notification of the City for any new introduction of wsstewater constituents or any sub- stantial change in the volume or char- acter of the wsstewater constituents being introduced into the POTW. (8) Requirements for notification of the City for slug discharges. (9) Other conditions as deemed appropriate by the City Manager to ensure compliance with this Ordi- (e) Permit Duration Permits shall be issued for a speci- fled time period, not to exceed three years. A permit may be issued for a period less than one year or may be stated to expire on a ~pecific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as Ihnitations or requirements as identi- fled in Section 36.71 of this Ordinance are medified or other just cause exists. The use shah be informed of any pro- posed changes in his permit at least 60 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (~) Permit Transfer Wastewater Discharge Permits shall be issued to a specified user for a spe- cific operation, A Wastewater Dis- charge Permit shall not be reassigned, transferred or sold to a new owner, new user, different premises or new or changed operation without the approval of the City. (g) Reporting Requirements for Permittee Within 90 days following the date for final compliance with applicable Pretreatment Standards, or in the case of the discharge into the POTW, any user subject to Pretreatment Stan- dards and Requirements shall submit to the City Manager a report indicat- lng the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and the aver- age and maximum daily flow for these process units in the user facility which are limited by such Pretreatment Stsn- dards are being met on a consistent basis and, ff not, what additional pre- treatment is necessary to bring the user into compliance with the appli- cable Pretreatment Standards. This statement shall be signed by an authorized repi~sentative of the Indus- txial User. Any user subject to a Pretseatment Standard, after the compliance date of such Pretreatment Standard, or, in the ment of the discharge into the POTW, shah submit to the City Manager dur- lng the month of May each year, unless required more frequently in the Pretreatment Standard or by the City Manager, a report indicating the 322 Adjourned Regular Session, September 6, 1983 nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards. In addi- tion, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow conditioned by the Was- tewater Discharge Permit. The City Manager ~ay impose mass limitations on users which are using dilation to meet applicable Pretreat- ment Standards or in other cases where the imposition of mass limita- tions are appropriate. In such cases, the report required by this Section of the Ordinance shall include the mass of pollutants regulated by Pretreatment Standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the dis- charge including the flow and nature and concentration, or production and mass where requested by the City Manager, of pollutants contained therein which are limited by the appli- cable Pretreatment Standards. The fre- quency of mgnitoring shall be prescribed by the City Manager. All analysis shall be performed in accor- dance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with other test procedures approved by the Administrator. Sam- piing shall be performed in accordance with the techniques approved by the City Manager. (h) Monitoring Facilities The City shall require to be provided and operating at the user's own expense, monitoring facilities to allow inspection, sampling and flow measure- ment of the user's wastewater dis- charge. The moditoring facility will normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user allow the facility to be constructed in the public right-of-way and located such that it will not be obstructed. There shall be ample room in such sampling manhdie or facility to allow accurate sampling and preparation of samples for analysis. The facility, sam- piing and measurement equipment shall be maintained at all times in a safe and proper operating condition at the full expense of the user. Actual sampling and data recovery shall be provided by the City for ultimate use in determining compliance or noncom- pliance with the program. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in full accordance with the require- ments of the City Manager and all applicable local standards and specifi- cations. Construction of required mon- itoring facilities shall be completed within 180 consecutive calendar days following written notification from the City Manager. (i) Inspection and Sampling The City shall inspect the facilities of any user to ascertain whether the purpose of this Ordinance is being met and all requirements are being cpm- died with. Persons or oacupanta of ~remises where wastewater is dis- charged shall allow the City, or their representative, ready access at all rea- sonable times to all parts of the prem- ises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The City, State and EPA shall have the right to set up on the user's prop- erty such devices as are necessary to conduct sampling inspection, compli- ance monitoring and/or metering oper- Where a user has security in force which would require proper identifica- tion and clearance before entry into the premises, the user shall make nec- essary arrangements with the security guards so that upon presentation of suitable identification, personnel from she City, State and EPA will be per- mitred to enter, without delay, for the purpose of performing their specific responsibilities. (j) Pretreatment Users shall provide necessary was- tewater treatment as required to com- ply with this Ordinance and shall achieve compliance with all Federal Categorical Pretreatment Standards within the rime limitations as speci- fied by the Federal Pretreatment Reg- ulations. Any facilities required to pretreat wastewater to a level accept- able to the City shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City Manager for review and shall be acceptable to the City before construc- tion of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provi- sions of this Ordinance. Any s bee- quent changes in the pretreatment facilities or method of operation shah be reported to and be acceptable to the City prior to the user's initiation of the changes. Adjourned Regular Session, S, All records relating to compliance with Pretreatment Standards shall be made available to officials of the City, State and EPA upon request. (k) Confidential Information Information and data obtained from reports, questionnaires, permit applica- tions, permits and monitoring programs and from inspections shall be availabh to the public or other governmental agency without restriction unless the user specifically requests and is able to dsmonstrate to the satisfaction of the City that the release of such informa- tion would divulge information, pro- cesses or methods of production entitled to protection as trade secrets of the user. ~fhen requested by a person furnish- lng a report, the portions of a report which might disclose trade secrete or secret processes shall not be ]nade available for inspection by the public but shall e made available for inspec- tion upon written request of govern- mental agencies for uses related to this Ordinance; provided however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Was- tewater constituents and characteris- tics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten (10) day written notifica- tion is given to the user. SECTION 36.74 ENFORCEMENT (a) Harmful Contributions The City may suspend the was- tewater treatment service and Was- tawater Discharge Permit when such suspension is necessary, in the opin- ion of the City Manager, in order to stop an actual or threatened discharge which presents an imminent or sub- stanrial endangerment to the health or weffare of persons, to the environment, causes interference to the POTW or causes the City to violate any condi- tion of its NPDES Permit_ Any person notified of a suspension of the wastawatar treatment service and/or Wastawater Discharge Permit shall immediately stop or eliminate the discliarge. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severence of the ~tember 6, 1983 323 sewer connection, to prevent or mini- imze damage to the POTW or endan- germent to any individuaks. The City shall reinstate the wastewater treat- ment service and/or Wastewater Dis- charge Permit upon proof of the elimination of the noncomplying dis- charge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the City Manager within 15 consecu- tive calendar days of the date of the (b) Revocation of Permit Any user who violates the following conditions of this Ordinance, or appli- cable State and Federal regulations, is subject to having the Wastewater Dis- charge Permit revoked in accordance with the procedures established in this Ordinance: (1) Failure of a user to factually report the wastewater constituents and ch. aracteristics of his discharge. (2) Failure of a user to report sig- niflcant changes in operations, or was- tewater constituents and characteristics of his discharge. (3) Refusal of reasonable access to a user's premises for the purposes of inspecting and monitoring. (4) Violation of conditions of the Wastewater Discharge Permit. (c) Notification of Violation Whenever the City finds that any user has violated or is violating this Ordinance, Wastewater Discharge Per- mit, or any prohibitive or ]imitation of requirements contained herein, the City shall serve upon such user a writ- ten notice stating the nature of the violation. Within ten (10) days after service of the notice, a written plan for the satisfactory correction thereof shall ha submitted by the user to the City Manager. (d) Show Cause Hearing The City may order any user who causes or allows an unauthorized dis- charge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hear- 324 Adjourned Regular Session, September 6, 1983 ing may be served by registered or cer- tified mail (return receipt requested) but in any event such service shall be made at least seven (7) days before the heating. Service may be made on any agent or officer of the user. The City Council may itself conduct the heasing and take the evidence or may de~gnate the City Manager to: (1) Issue in the name of the City Council notices of hearings authoriz- ing the attendance and testimony of witnesses and the production of evi- dence relevant to any matter involv- ing such hearing; (2) Take the evidence; (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recom- mendations to the City Council for action thereon." At any hearing held pursuant to this Ordinance, testimony taken shall be under oath 'and recorded stenographi- cally. The transcript, so recorded, will be available to any member of the public or any party to the hearing upon payment of a reasonable charge therefor. After the City Council ires reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period not to exceed 30 consecu- tire calendar days, the sewer sewice be discontinued unless and until/ade- quate treatment facilities, devices or other related appurtenances shall have been installed or properly operated. Further orders and directives as are necessary and appropriate may be issued. (e) Legal Action If any person discharges wastewatsr or other wastes into the POTW con- trary to the provisions of this Ordi. nance, or any Federal or State pretreatment requirements, the City may commence an action for appropri- ate legal and/or equitable relief. SECTION 36.675 PENALTY: COSTS (a) Civil Penalties Any user who is found te~have vie- lated an order of the City Council or who wilfully or negligently fulls to comply with any provision of this Ordi- nance, and the orders, rules, regnia- tions and permits issued hereunder, shall be fined not less than $100~00 nor more than $5,000.00 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addi- tion to the penalties provided herein, the City may recover reasonable attor- ney's fees, court costs, court recorders' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Or~ance or the orders, rules, regula- tions and permits issued hereunder. (b) Falsifying Information It shall be unlawful for any person to knowingly make any false state- ments, representation or certification m any application, record, report, plan or other document filed or required pursuant to this Ordinance, or Was- tewater Discharge Permit, or to falsify, tamper with or knowingly render inac~ curate any monitoring device or method requi~d pursuant to this Ordi- (c) Judicial Review Any person aggrieved by any deci- sion, action or order under this Ordi~ nance may appeal to the District Court in and for Dubuque County. Any such appeal shall be commenced within 30 days subsequent to such decision, action, or order being ten- dered. SECTION 36.76 SEVERABILITY If any provision, paragraph, word, section, or article of this Ordinance is invalidated by any Court of compe- tent jurisdiction, the remaining provi- sloes, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect. SECTION 39.77 CONFLICT Subsection (e) of Section 36-32, Dis- charge of Harmful Substances, and all other Ordinances and/or parts of other Ordinances inconsistent or conflicting with any part of this Ordinance of the Code of Ordinances of the City of Dubuque, Iowa are hereby repealed to the extent of such inconsistency or conflict. SECTION 36.78 EFFECTIVE DATE This Ordinance shall be in full force and effect September 15, 1983, after its final passage, adoption and publication as provided by law. PASSED, APPROVED AND ADOPTED THIS 6th day of Septem- ber, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis City Clerk Adjourned Regular Session, September 6, 1983 Published officially in the Telegraph Herald newspaper this 19th day of September, 1983. Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Ordinance, as amended. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady. Council Members Beurskens, Deich, Hannnel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting the Street Finance Report, presented and read. Council Member Klauer moved that the communication be received and fli- ed. Seconded by Council Member I-Iammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delah, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 225-33 Resolution Approving the City of Dubuque, Fiscal Year 1983, Street Finance Report. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Street Finance Report, for the period July 1, 1982 to June 30, 198~, be and the same is hereby approved, and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation, on or before September 10, 1983. Passed, approved and adopted this 6th day of September, 1983. dames E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager 325 submitting Ordinance clarifying the City Code as to the required meetings of the Human Rights Commission, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens. Deich, Ham~nel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 47-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 21-23{a) IN LIEU THEREOF PROVIDING FOR MEETINGS OF THE HUMAN RIGHTS COMMISSION, presented and read. Council Member Hammel lnoved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hanunel 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 renewing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich~ Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 47~83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 21-23(a) THEREOF AND ENACTING A NEW SECTION 21-23(a) IN LIEU THEREOF PROVIDING FOR MEETINGS OF THE HUMAN RIGHTS COMMISSION NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL, OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nanc~ of the City of Dubuque, own, be amended by repealing Section 21- 23(a) thereof and enacting a new Sec- tion 21-23(a) in lieu thereof as follows: 326 Adjourned Regular Session, September 6, 1983 Se~. 21-23. Meetings. (a) The Commission shall meet not less than monthly on a regular basis. passed, approved and adopted this 6th day of September, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of September, 1983. Mary A. Davis City Clerk It 9/12 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Ktauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delck, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing a consensus of City Council as to a series of legislative statements for submission to the League of Iowa Municipalities, presented and read. Council Member Beurskens moved that the Council concur with the issues, as amended, and transmit same to the League of Municipalities. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. BOARDS AND COMMISSIONS -- Appointments to Dock Bd and Transit Bd. Council Member Kronfeldt moved that the Council withhold appoint- merits and request additional names with appointments to be made at the Council Meeting of September 26, 1983. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Klauer. TRANSFERS REQUESTED -- Olde German Bank, Liquor License from 342 Main St. to 7th and Town Clock on Sept. 17 & 18th; Clarke College Class "B" Beer Permit from 1500 Clarke Dr. to Clarke College parking Lot, on Sept. 10th; David Wetter and Joseph McGinnie, Liquor License from 951 Main St. to Town Clock Plaza at 7th St. on September 10, 17, & 18; Nites of the Square Table, Inc., Class "B" Beer Permit from Marshall park to Schmitt Harbor on Sept. 17th & 18th, presented and read. Council Member Klauer moved that the transfers be approved. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council ~Iembers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 226-83 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. Tammy A. Edens & Pamela L. Knourek Olde German Bank ~42 Main St. Roberts Food Service Inc, 62 Locust St, Gene Kopp 1641 Asbury Rd, Passed, approved and adopted this 6th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beursksns. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Detch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 227-8~ WHEREAS, Applications for Beer Permits have been submitted and fried to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT Adjourned Regular Session, September 6, 1983 327 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 Beer Permit. CLASS "B" BEER PERMIT Holy Trinity Parish 1700 Lincoln Ave. · (Also Sunday Sales} Barter of Dubuque, Inc. Riverview Park (Also Sunday Sales} CLASS "C" BEER PERMIT Family Mart, Inc. 3201 Central Ave. {Also Sunday Sales) The Monday Co. 4003 Peru Rd. (Also Sunday Sales} Rondall's International, Inc. 3500 Dodge St. {Also Sunday Sales} Passed, approved and adopted this 6th day of September, 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, Kronfeldt. Nays--None. RESOLUTION NO. 228-83 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" {HOTEL-MOTEL) BEER AND LIQUOR LICENSE H. H. of Dubuque, Inc. 3100 Dodge St, {Also Sunday Sales) CLASS "C" (COMMERCIAL} BEER AND LIQUOR LICENSE Tamie Kenmker Highway 20 West glso Sunday Sales} Jerry Lee James 1899 Rockdale Rd. {Also Sunday Sa]es} Happy's Place Inc. 2323 Rockdale Rd. {Also Sunday Sales) Hiatt & Schroeder, Tap, Inc. 2401 Windsor (Also Sunday Sales) Melvin Spiegelhalter 1029V~ Main St. (Sunday Sales Only) Edens & Knourek, Tammy A & Pamela L. 342 Main St. (Sunday Sales Only) William Baum 500 Rhomberg Ave. (Also Sunday Sales} Passed, approved and adopted this 6th day of September, 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, Kronfeldt. Nays--None. Printed Council Proceedings for month of April, 1983, presented for ap- proval. Council Member Beurskens moved that the proceedings be approved as printed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Comm. of 8-5, 8-10 & 8-16; Cable Regulatory Comm. of 8-17; Cable Tele- Programming Comm. of 8-16 & 8-23; Civil Service Commission of 6-30, 7-7 and 7-29; Community Development Comm. of 8-9; Dock Bd. of 7-28 and 8-17; Five Flags Comm. of 8-15; 328 Adjourned Regular Session, September 6, 1983 Historic Preservation Corem. of 6-28; Housing Comm. Review Comm. of 8-4; Housing Comm. of 8-16; Human Rights Comm. of 6-13; Park & Recrea- tion Conun. of 8-9; Planning & Zoning Comm. of 7-6 & 8-3; Public Library of 7-19; Zoning Bd. of Adjustment of 7-21. presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Transit Bd. submitting Earnings Statement and Statistics for month of July, 1983, presented and read. Council Member Kronfeldt moved that the Statement be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Dubuque County Institu- tioz~al Accounts requesting approval presented and read. Council Member Kronfeldt moved that the petition be denied and that the age and infirmity basis be clarified. Seconded by Council Member Beur- skens. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Beurskens, Kronfeldt. Nays--Council Members Deich, Hammel, Klauer, Kfuesner. MOTION FAILED. Council Member Klauer moved that the petition be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Hammel, Klauer, Kluesner. Nays--Mayor Brady, Council Members Beurskens, Kronfcldt. NOTICE OF CLAIMS: Robin M. Kennicker in unknown amount for tire damages; Jody Koerperich in amount of $60,000 for personal injuries; Daniel J. McKernan in unknown amount for tire and rim damages; Parkson Corp. requesting full payment in amount of $28,975.53 as subcontractors for Civil Construc- tors, Inc.; Mrs. Ray Reiiley in amount of $139.59 for muffler damages; David Kintzinger, representing Hilda A. Welchert, deceased, in amount of $50,000 for personal injuries; presented and read. Council Member Beurskens moved that the claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Legal Dept. recommending settlement of claims of Dale L. Bird in amount of $43.39 and Pamela A. Hubert in amount of $28.02, presented and read. Council Member Beurskens moved that the settlements be approved and that the Finance Director issue the proper check. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Legal Dept. recommending denials of claims filed by Vivlan L. Herkes; Robert J. Graham; Jeff Beecher; Joseph C. May; Leona G. l~icken; Jerry Maro; Clifford Pfab; James Meisenberg; Paula Trim- ble; and Thelma Brooks, presented and read. Council Member Beurskens moved that the communicatfun be received and filed and denials approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kfuesner, Kronfeldt. Nays--None. Communication of Michael P. Adjourned Regular Session, September 6,1983 329 Keegan submitting his resignation from the Dock Commission effective August 18, 1983. presented and read. Council Member Beurskens moved that the communication be received and filed and resignation accepted with regret. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammet, Klauer, Kfuesner, Kronfeldt. Nays--None. Petition of American Central Airlines requesting to consider awar- ding Tri-State Flight Services the n~v facilities that would enable them to centralize their operation in Dubuque, presented and read. Council Member Beurskens moved that the petition be received and filed and matter referred to the Airport Commission. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kfuesner, Kronfeldt. Nays--None. Communication of Public Works Director submitting Procedural Manual for Parking Division, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- fug vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Oky Doky #27, $18.75 on unexpired Beer Permit, Oky Doky #27 $75 on unoxpired Cigarette License; Sincere Enterprises, Inc. $422.50 on unexpired Liquor License, presented and read. Council Member Beurskens moved that the refunds be approved and Finance Director to issue proper cliecks. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deicli, HIammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Counsel for Cedar Rapids Television Co. before FCC re- questing them to deny KDUB-TV's re- quest for continued nondupilcation service, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Application of American Central Airlines, Inc. submitting a Certificate of Public Convenience and necessity under Section 401 Id)(1) of the Federal Aviation Act to engage fu interstate and overseas scheduled air transporta- tion, presented and read. Council Member Beurskens moved that the ap- plication be received and filed and matT ter referred to the Airport Commis- sion. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Develop- ment Board advising annexation of Iowa National Guard property has been properly filed and is hereby deem- ed final, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Ktauer. Carried by the follow- fug vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication on Notice of filing of the final plat and schedule of ~ssessments etc. regarding construc- tion of Resurrection Church Sanitary Sewer Project; Notice that the Grantee performance Report is pro- perly on file in various offices of the Ci- ty, presented and read. Council Member Beurskens moved that the proofs of publication be received and filed. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 330 Adjourned Regular Session, September 6,1983 August 17, 1983 Honorable Mayor and Members of the City Council Per a written request of the City Manager dated May 10, 1983, and in accordance with Chapter 400 of the 1983 State Code of Iowa, the Civil Set- vice Commission conducted written exams on July 7, 1983 and Physical Agility Tests on July 20, 1983 for the position of Police Officer (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 Police Officer for the City of Dubuq~e. Michael A. Wilsey Allen A. Ternent Patrioia A. Patton William S. Sullivan Daniel E. Gausen Thomas L. Pregler Kyle R. Johnson Michael J. Sullivan John J. Dalton, Jr. Gary R. Schlosser Steven J. Theisen A second list is available for cer- tification after the above list has been exhausted. Respectively submitted, John E. Hess Chairperson Dolores A. ReiMe Gerald J. Koppes Civil Service Com~nission Council Member Beurskens moved that the communication from the Civil Service Commission be received and filed and made a matter of record. Seconded by Council Member glauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Conuuunlcation of Harley F. Stark, Jr. advising of his intent not to pro- ceed with a Hearing to which he would be entitled, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, glauer, Kluesner, Kronfeldt. Nays--None. Communication of Mr. Sanderson, Chairman of the Dock Board submit- ting concerns regarding potential establishment of a marker/memorial on the north easterly tip of Chaplain SchroAtt Memorial Island, presented and read. Council Member Klauer moved that the communication be received and ill- ed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Secretary of Board of Trustees submitting Finan- cial Report of tile City's Police Pension Fund, Police Retirement System and Fire Pension Fund and Fire Retire- ment System for year ended June 30, 1983, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Iowa Dept. of Water, Air and Waste Management submitting their inspection report for the Dubuque Wastewater Treatment Phint, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Wm. Dix presented petitions to the Council to remove the entry fee to Eagle Point Park and spoke to the ~etitions, requesting repeal of this fee. Brenda Bernal addressed the Coun- cil on the same subject. Council Member Beurskens left the Council Chambers at 11:42 P.M. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member ttam- mel. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Adjourned Regular Session, September 6, 1983 Absent--Council Member Beur- skens. Mary A. Davis City Clerk Approved _1984 Adopted 1984 Mayor Council Members ATTEST: City Clerk 331 332 CITY COUNCIL OFFICIAL Special Session, September 14, 1983. Council Met at 7:30 o~clock p.m., in the City Hail Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. Absent--Assistant City Attorney Wm. G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider a reeolu- tion granting St. Anthony's Church a Class "B' Beer Permit. Council Members Beurskens, Ham- reel and Deich expressed concerns regarding the availability of beer to minors and advised Council Members would work against granting such per- mits if acts are not cleaned up. Special Session, Sc ~tember 14, 1983 Yeas--Mayor Brady, Council fembers Beurskens, Deich, Hammel, Klauer; Khiesner, Kronfeldt. Nays--None. 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, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk RESOLUTION NO. 229-83 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 following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT St. Anthony Church 1870 St. Ambrose IAIso Sunday Sales) Passed, approved and adopted this 14th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Approved__ 1984 Adopted 1984 Mayor Council Members ATTEST: City Clerk Special Session, S, CITY COUNCIL OFFICIAL Special Session, September 26, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich. Hammel, Klauer. Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poratlon Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider a resolu- tion authorizing the execution of a memorandum of agreement with ~(m. C. Brown Company, Publishers and ac- ting upon such other business which may properly come before the Council. Invocation was given by Rev. PAchard Wailer, St. Thomas of Canter- bury Anglican Church. PROCLAMATIONS: Sept. 26 thru Oct. 2 as "Square Dance Week" receiv- ed by Bev Sutter; Sept. 26 thru Oct. 2 as "Women's Health Week" received by Susan Harnish; Oct. 2 thru 8 as "National 4-H Week" received by Sal- ly Heacock; Month of October as "Dubuque Symphony Orchestra Month"; Oct. 31 as "Trick or Treat Night". Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurshens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing proposing the discontinua- tion of the Rehabilitation Commission, 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 Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays~-None. ~tember 26, 1983 333 Communication of Planning and Zoning Commission recommending reclassification of property located at 2124 White St. from R-4 Multi-Family Residential District to C-4 General Commercial District as requested by Lawrence Stockel, presented and read. Council Member Khiesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. An Ordinance Amending the Code of Ordinances by reclassifying property at 2124 White St. from R-4 Mniti- Family Residential District to C-4 General Commercial District, presented and read. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Kluesner moved that the rule requiring an Ordinance to he presented and read at two meetings )rior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Khiesner moved that the Ordinance be set for Public Hearing on Oct. 17, 1983 at 7:30 P.M. in the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescrib- ed by law. Seconded by Council Member Beurshens. Carried by tho following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Mark C. Falb, on behalf of Wm. C. Brown Company, Pablishers, requesting the issuance of revenue bonds in an amount not to exceed $3,000,000, presented and read. Special Session, Se ~tember 26, 1983 335 334 Council Member Hammel moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote. Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Nays--None. Abstain--Council Member Kronfeldt. Special Session, September 26, 1983 s necessary under the Act its revenue bonds for such put- RESOLUTION NO. 230-83 A Resolution authorizing the execu- tion of a Memorandum of Agreement with Wra. C. Brown Company, Publishers WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa {the "Issuer") is an incor- porated municipality authorized and empowered 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 tlie cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing 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 re- quested by Wm. C. Brown Company, Publishers (the "Company") to issue its revenue bonds pursuant to the Act for the purpose of fir~ancing the con- structing and equipping of an addition to the Company s existing manufac- turing facility located at 2460 KERPER Boulevard, Dubuque, Iowa, which addition will contain approx- imately 128,000 sq. ft., of which ap- proximately 80,000 sq. ft. will be used as a warehouse facility, 31,500 sq. ft. will be used for product distribution and 16,500 sq. ft. will be used as office space (the "Project"); and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provi- sions of such Agreement, to pursue NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto be and the same is hereby ap- proved and the Mayor is hereby authorized to execute said Memoran- dum of Agreement and the cierh is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- merit which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and con- taining the provisions set forth in Ex- hibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further wtion as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conffict herewith are hereby repealed to the extent of such conflict. Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque. Opwa. (the "Issuer") and Wm. C. Brovm Company, Publishers (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by 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, im- provements and equipment, or any in- terest therein, suitable for the use of any industry or industries for the manufacturing, processing or aseembl- lng of any agricultural or manufac- tured products or of any cor~mercial 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. (b) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing re- quired by the Act and Section lOS(k) of the Internal Revenue Code such bonds will be issued by the Issuer in a prin- clpal amount sufficient to finance the costs of the constructing and equipp- ing of an addition to the Company's existing manufacturing facility located at 2460 KERPER Boulevard, Dubuque, Iowa, which addition ~(ill contain approximately 128,000 sq. ft., of which approximately 80,000 sq. ft. will be used as a warehouse facility, 31,500 sq. ft. will be used for product distribution and 16,500 sq. ft. will be used as office space (the "Project"). lc) The Issuer considers that the ac- quisition and construction of the Pro- ject and the financing of the same will promote the welfare and prosperity of the Issuer and its cxitizens. 2. Undertakings on the Part of the (a) The Issuer will begin the pro- eeedings necessary to authorize the is- suance of such bonds, in an aggregate principal amount not to exceed $3,000,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing re- quired by the Act, it will cooperate with the Company in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company, (a) It will use allreasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It win enter into a Loan Agree- ment with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums suffi- cient to pay the principal of and in- terest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof or such other date as shall be mutual- ly agreed to) the Issuer and the Com- pany shall have agreed to mutually ac- ceptable terms relating to the issuance and sale of such bonds. (b) The Company agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket ex- penses which the Issuer may incur at its request arising from the execution of this Agreement and the perfor- mance by the Issuer of its obligation hereunder, whether or not such bonds are issued. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not con- stitute an indebtedness of the Issuer within the meaning of any constitu- tional or statutory provision and shall not constitute nor give rise to a ~ecunlary liability of the Issuer or a charge against its general c~edit or taxing powers. Dated this 26th day of September, 1983. Dubuque, Iowa By James E. Brady Mayor ATTEST: Mary A. Davis City Clerk By Wm. C. Brown Company, Publishers Seal) Mark C. Falb Council Member Hammel moved adoption of the Resolution. Seconded by Counqfl Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Nays--None. Abstain--Council Member Kronfeldt. RESOLUTION NO. 231-83 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1983 (Wm. C. Brown Company, Publishers Project) WHEREAS, the City of Dubuque, 336 Special Session, September 26, 1983 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, im- provements and equipment or any in- terest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing 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 re- quested by Wm. C. Brown Company Publishers Ithe "Company"), an Iowa corporation, to issue its revenue bonds to finance the cost of the constructing and equipping of an addition to the Company's existing manufacturing facility located at 2460 KERPER Boulevard, Dubuque, Iowa, which ad- dition will contain approximately 128,000 sq. ft., of which approximately 80,000 sq. ft. will be used as a warehouse facility, 31,500 sq. ft. will be used for product distribution and 16,500 sq. ft. will be used as office space (the "Project"l, which will pre- mote 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 (Wm. C. Brown Company, Publishers Project) of the Issuer in an aggregate principal amount not to exceed $3,000,000 (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 sufficient to pay the prin- cipal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provld- ed for by Section 419.9 of the Act and Section 1031k) of the Internal Revenue Code; 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 17th day of Oc- tober, 1983, at 7:30 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 appear shall 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 fifteen (15) days prior to the date fixed for the hearing, in Telegraph Herald, a newspaper published and having a general circula- tion within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1983 (Wm. C. Brown Company, Publishers Project) The City Council of the City of Dubuque, Iowa, (the "Issuer") will meet on the 17th day of October, 1983, at Public Library, Auditorium, in Dubuque, Iowa, at 7:30 o'clock, p.m., for the purpose of conducting a public hearing on the proposal to issue In- dustrial Development Revenue Bonds, Series 1983 (Wm. C. Brown Company, Publishers Project) of the Issuer, in an aggregate principal amount not to ex- ceed $3,000,000 Ithe "Bonds"), and to loan said amount to Wm. C. Brown Company, Publishers (the "Company"), an Iowa corporation, for the purpose of defraying the cost, to that amount, of the constructing and equipping of an addition to the Com- pany's existing manufacturing facility located at 2460 KERPER Boulevard, Dubuque, Iowa, which addition will contain approximately 128,000 sq. ft., of which approximately 80,000 sq. ft. will be used as a warehouse facility, 31,500 sq. ft. will be used for product distribution and 16,500 sq. ft. will be used as office space (the "Project"). The Bonds, when issued, will be limited obligations and will not con- stitute general obligations of the Special Session, Issuer nor will tbey 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- clpal of and interest and redemption premium, if any, on the Bonds as and when the same shall 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 shall adopt a resolution deternfining whether or not to proceed with the issuance of the Bonds. Writ- ten comments may also be sqbmittod to the Issuer at City Hall, Dnbuque, Iowa 52001. Written comments must be received by the above hearing date. By order of the City Council, this 26th day of September, 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 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Abstain--Council Member Kron£eldt. Petition of Dept. of Correctional Ser- vices requesting Council act upon rezoning of the property at 15th & Elm Streets and to consider an Agreement for eventual acquisition of City-owned property at 14th and Elm Streets, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, ,tember 26, 1983 337 Nays--Council Member Kronfeldt. Council Member Beurskens moved that the Ordinance amending the Code of Ordinances by reclassifying proper- ty at the south east corner of 15th and Elm Streets from "HI Heavy In- dustrial District" Classification to "OR-1 Office Residential District" Classification which was tabled at the meeting of September 6, 1983, be removed from the table. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Nays--Council Member Kronfeldt. ORDINANCE NO. 48-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY RECLASSIFYING PROPERTY AT THE SOUTH EAST CORNER OF 14TH AND ELM STREETS FROM "HI HEAVY INDUSTRIAL DISTRICT" CLASSIFICATION TO "OR-1 OFFICE RESIDENTIAL DIS- TRICT'' CLASSIFICATION SAID ORDINANCE HAVING BEEN presented and read at the Council Meeting of August 15, 1983, presented for final adoption. ORDINANCE NO. 48-83 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 RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT THE SOUTH EAST CORNER OF 15TH AND ELM STREETS FROM "HI HEAVY INDUSTRIAL DISTRICT" CLASSI- ~FICATION TO "OR-1 OFFICE RES- IDENTIAL DISTRICT'' ~LASSIFICATION. 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 "HI Heavy Industrial District" classi- fication to "OR-1 Office Residential 338 Special Session, S, ~tember 26, 1983 D~strict" classification, to wit: Lot 187, Lot 188, Lot 189, Lot 187A, the west 65 feet of Lot 214 and Lot 215 and Lot 216, and the east 35 feet of Lot 214 and Lot 215 and Lot 216, all ~n East Dubuque Subdivision in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 26th day of Septem- ber, 1983. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 30th day of September, 1983. Mary A. Davis City Clerk it 9/30 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Nays--None. Absent--Council Member Kronfeldt. Petition of Al Polsean requesting to address the Council regarding his sep- tic system, presented and read. Mr. Polsean, 3515 Crescent Ridge, spoke to the petition, stating that the flexible pipe is sagging and only has two out of three lilac bushes left. Council Member Hammel moved that the petition be received and filed. Seconded by Council Member Klaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kranfeldt. Nays--None. Petition containing 1,064 signatures, requesting that Wm. L. Dix be allowed to address the Council concerning the issue of the Eagle Point Park Users Fee, presented and read. Council Member Hammel moved that the petition be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Communication of City Manager re- questing approval of selecting an alignment for Cedar Cross Transporta- tion Project, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Klauer. Mayor Brady moved to table the issue. Seconded by Council Member Delch. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Klauer. Nays--Council Members Beurskens, Hammel, Kluesner, Kronfeldt. MOTION FAILED. RESOLUTION NO. 232-83 Selecting an Alignment for a Com- prehensive Environmental Assess- ment Study for the Cedar Cross Transportation Project WHEREAS, the Cedar Cross pro- ect is in accordance with the 1990 Transportation Plan, and WHEREAS, the project concept statement for this project has been ap- proved by the Federal Highway Ad- ministration and the Iowa Depart- merit of Transportation, and WHEREAS, the firm of Brlce, Petrides & Associates, Inc. of Waterloo, Iowa, was selected by the City Council as the engineering firm to conduct this study by resolution adopted on December 6, 1982 and a resolution authorizing a contract with the firm was approved by the City Council on February 7, 1983, and WHEREAS, a public information meeting on the selection of an alter- native was held by the City at Five Flags Civic Center on June 27, 1983, and WHEREAS, an open house was held by the City and the engineering firm at the Five Flags Civic Center for a discussion of the alternatives on July 20, 1983, and Special Session, WHEREAS, a number of meetings have been held by the staff and neighborhood groups on the project and the selection of an alternative over the past few months, and WHEREAS, support has been ex- hibited by the neighborhood groups for the alignment titled, "Alternative C-1" (See attached Exhibit 1). NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa that: Section 1. That Alternative C-1 be selected as the alignment for the pro- posed Cedar Cross Transportation Facility. Section 2. That Brice, Petrid~s & Associates, Inc. be instructed to pro- ceed with preparation ora Comprehen- sire Environmental Assessment for this alignment in accordance with the Federal and State Highway Regula- Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the foIlowing vote: Yeas--Council Members Beerskens, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Klauer. Communication of City Manager submitting Resolution regarding retention of Rail System for the City, presented and read. Council Member Klauer moved that the communication be received and fli- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 233-83 Resolution Relating to the Milwaukee Road Reorganization WHEREAS, on March 31, 1983, the trustee of the Milwaukee Road Ill- ed an amended plan of reorganization *tember 26, 1983 339 providing for the stock acquisition of the Milwaukee Road by the Grand Trunk Corporation, and WHEREAS, on July 27, 1983, the Chicago Milwaukee Corporation, and the Chicago Northwestern Transpor- tation Company filed alternate plans of reorganization with the ICC. and WHEREAS, the Iowa Department of Transportation held a public hear- lng in the Five Flags Civic Center in Dubuque on September 20, 1983 for public input on the various proposals for reorganization, and WHEREAS, there was strong op- position to the plan submitted by the Chicago Northwestern Transportation Company which would abandon the Milwaukee trackage through the Dubuque area, and WHEREAS, there was strong sup- port for any reorganization plan which would maintain service on the Milwaukee system through the Dubu- WHEREAS, this matter will be discussed by the Iowa Department of Transportation Commissioners on September 27, 1983, and a recommen- dation ultlmately will be made by the Commissioners to the Interstate Com- merce Commission on a reogranization plan, and WHEREAS, retention of service on the Milwaukee system is essential to the vitality of the economic base of the Dubuque community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa. Section 1. That the City strongly ob- ject to any reorganizational plan of the Milwaukee system which would aban- don the Milwaukee Road system that to and through the Dubuque eommuni- Section 2. That Mayor be authorized and directed to sign a letter to the Iowa Department of Transportation Commissioners strongly supporting any reorganizational plan which will retain service on the Milwaukee system to and through the Dubuque metropolitan are~ Passed, approved and adopted this 340 Special Session, September 26,1983 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the emergency repair of a storm sewer in the estimated amount of $50,000, AND Communication of Shiva- Hattory & Associates being of opinion that emergency repairs of the storm sewer on 14th St, between Central Aye. and White st. are necessary, presented snd read. Council Member Hammel moved that the communications be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klancr, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 234-83 WHEREAS, the stone arch storm sewer in 14th Street between Central Ave. and White St. are necessary, and a section of the sewer has collaps- ed, and WHEREAS, the balance of the storm sewer in this block has substan- tially deteriorated and is also nearing collapse, and WHEREAS, there exists at this location a collapse of the roadway of such proportion to require suitable temporary covering and barricading of the traffic lane. NOW, THEREFORE BE IT RESOLVED by the City Council. 1. That tlie delay of public advertis- lng and a public letting could cause serious loss or injury to the city. 2. That the City Council deems the emergency repair of the storm sewer to be advisable and necessary for the public welfare. Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager recommending acceptance of the con- tract for the grading, drainage and roadway base work for the recreation complex on Chaplain Schmltt Memorial Island, 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 Brady, Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Council Member Deich, Kiauer. RESOLUTION NO. 235-83 WHEREAS, the contract for the Chaplain Schmitt Memorial Island Park and Recreation Complex, Grading, Drainage, and Roadway (Base) has been completed and the Ci* ty Manager has examined the work and filed his certificate stating that the same has been completed accor- ding to the terms of the contract, plans and specifications and racom- mends 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- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac-' tot from the General Fund in amount equal to the amount of his contract, less any retained percentage provided Special Session, Se for therein. Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Hammel. Kluesner, Kronfeldt. Nays--Council Members Deich Kiauer. RESOLUTION NO. 236-83 ~ WHEREAS, the contract for the Chaplain Schmitt Memorial Island Park and Recreation Complex, Grading, Drainage, and Roadway (Base) has been completed and the Ci- ty Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa; Section 1. That the cost of said im- provement is hereby determined to be $218) 690.71 and that said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor 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 Brady, Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Council Members Deich, Klauer. Communication of City Manager recommending acceptance of the con- tract for the installation of the automatic sprinkler system for the complex on Chaplain Schmitt ~tember 26, 1983 341 Memorial Island. presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Krenfeldt. Nays--Council Member Klauer. RESOLUTION NO. 237-83 WHEREAS, the contract for the Chaplain Schmitt Memorial Island Recreation Complex - Underground Ir- rigation System has been completed and the City Manager has examined the work and filed his certificate stating that the same has been com- plated according to the terms of the contract, plans and specifications and recoxnmends 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- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contrac- tot from the Private Contributions in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. RESOLUTION NO. 238-83 WHEREAS, the contract for the Chaplain Scinnltt Memorial Island Recreation Complex - Underground Ir- rigation System has been completed and the City Engineer has submitted 342 Special Session, September 26, 1983 his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section L That the cost of said im- provement is hereby determined to be $47,225.71 and that said amount shall be paid from Private Contributions o[ the C~ty of Dubuque, Iowa. Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bourskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskous, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Communicatlon of Assistant City Solicitor Blum responding to request of Chapter 327 of Experimental Avia- tion Assn. regarding the landing of airplanes on North West Arterial Highway on Oct. 22nd and 23rd, 1983, presented and read. Corporation Counsel Blum clarified specifics of the communication. Council Member Beurskens moved that the communication be received and filed and that the request be ap- proved and they enter into an Agree- ment, Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kronfeldt. Nays--Council Member Kluesner. Mayor's Task Force submitting a report on criteria for making appoint- ments to the Human Rights Coromis- sion, presented and read, Esther Chi, of the Task Force, clarified specifics of the report. Council Member Hammel moved to receive and file the report. Seconded by ~ouncil Member Deicli. Council Member Bourskous moved to amend the motion to pilot the recommended process for 18 months (two appointment processes) and then review the process, possibly expan- ding to utilize for appointments to other Commissions. Seconded by Council Member Kluesner. Amend- ment to the motion carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Member Hammel. Council Member Beurskens stated he would personally verify comments about the applicants. Vote on the original motion, to receive and file, as amended. Yeas--Mayor Brady, Council Members Beurskous, Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Member Hammel. Communication of City Manager submitting Ordinances (3) providing for appointments .to various Boards ~nd/or Commissions, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskous, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 49-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 19¼-31b) AND ENACTING A NEW SECTION 19%-31b} IN LIEU THEREOF PRO- VIDING FOR THE APPOINTMENT OF MEMBERS TO THE HISTORIC PRESERVATION COMMISSION, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Benrskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the Meeting when final adop- tlon is made be dispensed with. Seconded by Council Member Deich. Special Session, Se Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 49-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 19~h-3(b) AND ENACTING A NEW SECTION 19%-3(b) IN LIEU THEREOF PRO- VIDING FOR THE APPOINTMENT OF MEMBERS TO THE HISTORIC PRESERVATION COMMISSION NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 19~- 3(b) and enacting a new Section 19~- 3(b) in lieu thereof as follows: **Sec. 19%-3(b). Historic Preserva- tion Commission - Establish mem- bership; term of office; vacancies in office; quorum. (b) Members of the commission shall be appointed by the city council as fol- lows: one (1) fi.om a list of persons nominated by the Dubuque Board of Realtors; one (1) from a llst of persons nominated by the Dubuque County Historical Society; and five (5) at-large members, each of whom shall possess professional qualifications evidencing expertise in architecture, law, con- struction or building rehabilitation city planning, or conservation in gen- eraL In the event that names are not submitted by the appropriate orgaalza- tion within sixty (60) days of the receipt of the request, the city council may proceed to fill these positions in the same manner as members at-large. As historical districts may hereafter be created, o~ne (1) member shall he appointed from each district." Passed, approved and adopted this 26th day of September, 1983. James E. Brady, Mayor Aq~TEST: Mary A~ Davis, City Clerk Published officially in the Telegraph Herald newspaper this 30th day of September, 1~3. Mary A. Davis City Clerk It 9/30 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: ~tember 26, 1983 343 Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klouer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 50-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 21-18 THEREOF AND ENACTING A NEW SECTION 21-18 IN LIEU THEREOF PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE HUMAN RIGHTS COMMIS- SION, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Delah. Carried by the follawing vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the tale requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 50-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 21-18 THEREOF AND ENACTING A NEW SECTION 21-18 IN LIEU THEREOF PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE HUMAN RIGHTS COMMIS- SION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 21- 18 thereof and enacting a new Section 21-18 in lieu thereof as follows: Sec. 21-18. Appointment; terms; filling of vacancies. Human rights commission members shall be appointed by the City Council for terms of three (3) years each and shall serve thereafter until a successor 344 Special Session, September 26,1983 has been appninted. Vacancies shah be filled for the remainder of the unex- pired term. Appointments shah take into consideration the various racial religious, cultural and social groupe in the city." passed, approved and adopted this 26th day of September, 1983. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published oficixlly in the Telegraph Herald newspaper this 30th day of September, 1983. Mary A. Davis City Clerk It 9/30 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 51-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A SECTION 4-28 THEREOF PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE AIRPORT COMMISSION presented and read. Council Member Beurskens moved that the reading just had be con- sldered the first reading of the month. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the Meeting when final adop- tion is made, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Daich, Hammel, Klauer, Khresner, Kronfeldt. Nays--None. ORDINANCE NO. 51-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A SECTION 4-28 THEREOF PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE AIRPORT COMMISSION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Seetinn 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting a new Sec- tion 4-28 thereof as follows: ~Sec. 4-28. Appointment; terms. (a) The airport commission shall have a membership of five (5) persons appointed by the City Council for six (6) year terms. Such members shall serve vfithout compensation. (b) The commission shall elect from its own members, a cha~person and a secretary who shall serve for such terms as the commission shall deter- p~ssed, approved and adopted this 26th day of September, 1983. James E. Brady, Mayor ATTEST: M~ry A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 30th day of September, 1983. Mary A. Davis City Clerk It 9/30 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klaner, Kinesner, Kronfeldt. Nays--None. Communication of United Labor Participation Commission endorsing reappointment of Joe Kramer to Zon- lng Bd. of Adjustment, 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, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Nane. BOARDS AND COMMISSIONS: Dock Board - One Unexpired Term to Expire 11-26-84 (Term of M. Keegan); Applicants: Allen J. Gourley, Don McMuilen, Rose Marie Mon- tgomery. Vote on the appointment: Council Member Beurskens voted for Montgomery, Mayor Brady voted for Montgomery, Council Member Daich voted for Montgomery, Court- cil Member Hammel voted for Special Session, Se Montgomery, Council Member Klauer voted for Montgomery, Council Member Kluesner voted for Mon- tgomery, Council Member Kronfeldt voted for Montgomery. Therefore Rose Marie Montgomery appointed to the Dock Board to fill an unexpired term which will expire Nov. 26, 1984. Historic Preservation Commission (Lower Bluff Area) - One Three Year term which wiH expire June 29, 1986. Applicant: Winnie Thompson, 215 Fre- mont. Council Member Klauer moved that Winnie Thompson be appointed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Cou~ncil Members Beurskens, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. Housing Commission - Four - Three Year Terms which will expire 8-17-86 ITerms of Kelly, Dahm, Watters& WeydertL One Unexpired Term which will expire 8-17-84 (Term of E. Tauke); Applicants: Elizabeth A. Schuck Phil Wnifekuhle, Charlotte Kelly, Wm. Watters. Council Member Hammel moved that Schuck and Wulfekuhie be ap- pointed and Kelly and Watters be reappointed to the fun three year terms which win expire 8-17-86. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Housing Code Appeals Board ~ One Unexpired Term which will expire 1-11-84. Applicant: Janet M. Busch. Council Member Klauer moved that Busch be appointed to the Housing Code Appeals Board to fill an unex- pired term which will expire 1-11-84. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesnar, Kronfeldt. Nays--None. Transit Board · One Three Year Term to Expire 7-30-86 ITerm of Carl Heathcote). Applicants: Tom Kersch Alice C. Metsker, Ran C. Thiltgen, Genevieve Heathcote. First vote was as follows: Council Member Beurskens voted for Heathcote, Mayor Brady voted for ,tember 26, 1983 345 Thiltgen, Council Member Deich voted for Thiltgen, Council Member Hammel voted for Heathcote, Council Member Klauer voted for Thiltgen, Council Member Kluesner voted for Heathcote, Council Member Kronfeldt voted for Metsker. There being no majority a second vote was taken as follows: Council Member Beurskens voted for Heathcote, Mayor Brady voted for Thiltgen, Council Member Deich voted for Thiltgen, Council Member Hammel voted for Heathcote, Council Member Klauer voted for Thiltgen, Council Member Kluesner voted for Heathcote, Council Member Kronfeldt voted for Heathcote. Therefore, Genevieve Heathcote appointed to a three year term on the Transit Bal. which will expire 7-30-86. Zoning Board of Adjustment - One Five Year Term which will expire 9-19-88 (Term of J. Kramer). Ap- plicants: Joseph L. Kramer, Ruth Nash. Vote on the appointment was as follows: Council Member Beurskens voted for Kramer, Mayor Brady voted for Kramer, Council Member Daich voted for Kramer, Council Member Hammel toted for Kramer, Council Member Klauar voted for Nash, Council Member Kluesner voted for Kramer, Council Member Kronfeldt voted Kramer. Therefore, Joseph Kramer ap- pointed to a five year term on the Zon· ing Board of Adjustment which expire 9-19-88. Council Member Klauer put out a plea for participation in the Boards and Commissions .... individuals to actively apply. RESOLUTION NO. 239-83 BE IT RESOLVED by 'the City Council of the City of Dubuque, Iowa, that the foilowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sen Cigarettes and Cigarette Papers within said City. Iowa Oil Company 1387 Dodge St. K-Mart Corp 2600 Dodge St. Tamie Kenniker Highway 20 West Kopp's Plaza 20 Foods, Inc. 2600 Dodge St. 346 Special Session, September 26,1983 phillip J. Mihalakis 1406 Pine St. Robert Moldenhauer 9th & Central Ave. Ruegnitz Drug Store 629 Rhomberg Ave. Thomas Schrobilgen 1121 University Ave. Milton Schwartz 524 East 16th St. Harry Shetler 1902 Central Ave. Lowrie Smith 521 East 22nd St. Sunshine Mart of Dubuque, Ltd. 430 Rhomberg Ave. James R. Winders 1701 Central Ave, David Wetter & Joseph McGinnis 951 Main St. Family Mart, Inc. 3201 Central Ave. Mulgrew Oil Co. 3300 Asbary Rd. Philfip R. Love 481 Locust St. Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 240-83 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 ~n- spected and Iound to comply with the Ordinances of this City and have filed paper 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- plicants a Beer Permit. CLASS "B" BEER PERMIT West Dubuque JayCeos Veterans Memorial Park Pizza Hut of Dubuque #2 320 E. 20th St. (Also Sunday Sales) T. I. Investments, Inc. i J. F. Kennedy Rd. , Sales) CLASS "C" BEER PERMIT Mulgrew Oil Company 3300 Asbury Rd. (Also Sunday Sales) Iowa Oil Company 1387 Dodge St. (Also Sunday Sales) Kopple's Market, Inc. 1098 University Ave. ~ Sales) Passed, approved and adopted this 26th day oI September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 241-83 WHEREAS, Applications for Li- quar Licenses have been submitted to Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and ail City Ordinances relevant thereto and they have filed NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Special Session, September 26, 1983 347 Dubuque Motor Hotels, Inc. 1111 Dodge St. (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James Robert Winders 1701 Central Ave. (Sunday Sales Only) Passed, approved and adopted this 26th day of September, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kiauer m~)ved adoption of the Resolution. Seconded by Council Member Deich. Carried by the followlng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Comm. of 9-1, Cable Teleprogramming Comm. of 9-6, Electrical Examining Bd. of 9-18, Mechanical Bd. of 9-6, Planning and Zoning Comm. of 9-7, Zoning Bd. of Adjustment of 8-18 Transit Bd. of 9-8, FM Access Com- mittee of Cable Community Teleprogramming Comm. of 9-9, presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Boar- skens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF SUITS AND CLAIMS: Civil Constructors, Inc. vs. City of Dubuque, in amt. of $118,277.78 for unpaid balance due; Daniel M. & Mary V. Colligan in unknown amt. for personal injuries; Thomas Bottoms in unknown amt. for personal injuries; Anita Cross in unknown amt. for personal injuries; Thomas W. Glover in amt. of $1,000,000 for injuries and compensa- tion; Mrs. Hazel Hart in unknown amt. for personal injuries and compensa- tion; Garry F. Ciauer in amt. of $1,034.33 for truck damages (in small claims court), presented and read. Council Member Klauer moved that the suits and claims be referred to the Legal Staff for investigation and report.. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Legal Dept. recommending denial of claim of Anice C. Fager and Lillian L. & Ray R. Yager, presented and read. Council Member Klauer moved that the communication be received and fil- ed and denial approved. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Ron Fens, Clair Haas and Mary Poire, $75 on unexpired Cigarette Licenses; St. Columbklile's Church $225 on unex- pired Class "B" Beer Permit; Church of the Nativity 5225 on unexpired Class "B" Beer Permit; Ronald Fens, $422.50 on unexpired Liquor License, presented and read. Council Member Klauer moved that he refunds be approved and Finance Director to issue proper checks. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady. Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of Housing and Ur- ban Development advising application for Section 8 Moderate Rehabilitation Program has not been funded this fiscal year, 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, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Assistant City Solicitor Wm. Blum advising of Stipulation of Settlement of Appeals to the District Court of various proper- ties owned by the City of Dubuque, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member 348 Special Session, September 26,1983 Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting reports of Finance Direc- tor and City Treasurer for month of August, 1983; Proof of publication of List of Claims for month of July 1, 1983, 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, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of James T. Ryan submitting documents regarding com- pletion of street and sidewalks in Em- bassy West Subd., 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, Klauer, Khiesner, Kronfeldt. Nays--None. Public Notice of United States Ar- my Corps of Engineers advising Deere & Company has applied for continued maintenance dredging, presented and read. Council Member Klauer moved that the notice be received and filed. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager ad- vising Sister Janet Dolphin has sub- mitred her resignation from the Cable Regulatory Commission, presented and read. Council Member Klauer moved that the communication be received and fil- ed and accepted with regret. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. William Dix of 405 Hill St. petition- ed Council to remove vehicle entry fees at Eagle Point Park. Ron Koppes, 1684 Drexel, objected to Eagle Point Park Entry Fees. Karen Merrick, Mayor of Gut- tenberg, requested Dubuque consider affirmation in joining with other cities to apply to OPP for matching monies. Al Honigman, 1226 Elm, objected to speed of Keyilne buses and transistor radios used by drivers. being no further business Council Member Kronfeldt moved to adjourn. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved~1984 Adopted __1984 Mayor Council Members ~_TTEST: City Clerk Regular Session, October 3, 1983 CITY COUNCIL OFFICIAL Regular Session, October 3, 1983. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klueenar, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. Invocation was given by Rev. Duane Manson, Chaplain of Luther Manor. PROCLAMATIONS: Oct. 2 thru 9 as "Productivity Improvement Week" received by David Uthe; Oct. 9 thru 15 as "National YWCA Teen Week" received by Carol Wallace; Oct. 15 as "White Cane Day" received by Richard Brown; Oct. 2 thru 8 as "Minority Enterprise Development Week in Dubuque" received by Harry Neustadt of City Staff. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Resolution of Necessity for Construction of Chaplain Schmitt Memorial Island Park and Recreation Complex Ballfields Perimeter Fence, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klueener, Kronfeldt. Nays--Council Member Klauer. Council Member Klauer moved to suspend the rules to let anyone pr~- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khieener, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 220-8~ WHEREAS, proposed plans have 349 ' prepared and approved liy the City Council of the City of Dubu- que, Iowa, and are now on file in the of- lice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Chaplain Schmitt Memorial Island Park and Recreation Complex, Ballfields Perimeter Fence. BE IT FURTHER RESOLVED that the City Council deems it ad- visable 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 tMs 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 all objections thereto. Said improvement shall be con- 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 such improvement will be paid !rom the General Fund and a Grant from the Iowa Conservation Commis- sion. The above resolution was intreduc- ed, approved and ordered placed on file with the City Clerk this 6th day of September, 1983. Approved and placed on file for final APPROVED: James E. Brady Mayor EST: Mqry A. Davis City Clerk The foregoing resolution was finally passed and adopted, as proposed by the City Council this 3rd day of Oc- tober, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved final adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel,