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1981 August Council ProceedingsRegular Session, August 3, 1981 343 CITY COUNCIL OFFICIAL Regular Session, August 3, 1981. Council met at 7:30 p.m. (C.D.T.) Present: Mayor King, Council Mem- bers Farrell, Felderman, Pratt, City Manager W. Kenneth Gearhart, Assis- tant Solicitor Wm. G. Blum. Absent: Council Member Brady, Corporation Counsel R. N. Russo. Mayor King read the call and stated that service thereof had been duly made and this is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may properly come before the Council. Proclamations: Week of August 16 as "Mentally Handicapped Health Week" received by Tom O'Brien; Week of August 11 thru 16th as "Du- buque County Fair Week" received by Jayne Chapman. Communication of City Manager submitting bidding procedures for the Five Flags Theater Boiler Replace- ~nent, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 223-81 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs., etc., including all items of material and work required for the Five Flags The- ater Boiler Replacement, with the esti- mated cost of this improvement at $27,500.00, are hereby approved and ordered filed in the office of City Clerk for public inspection, and are to be con- sidered a part of this Resolution. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King ATTEST: Mayor Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Necessity for Improvement) RESOLUTION NO. 224-81 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Five Flags Theater Boiler Replace- ment. BE IT THEREFORE RESOLVED that the City Council deems it advis- able and necessary for the public wel- fare to make the herein mentioned im- provement, and unless interested per- sons at the time of the final considera- tion of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifications, contract or estimated cost of the im- provement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Federal Revenue Sharing Fund and General Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 1981. Approved and placed on file for final action. APPROVED: D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved ap- proval of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Fixing Date of Hearing and Authoriz- ing Advertisement for Proposals) RESOLUTION NO. 225-81 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion for the Five Flags Theater Boiler Replacement, and 844 Regular Session, August 3,1981 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 RE- SOLVED that on the 8th day of Sep- tember, 1981, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time interested per- sons may appear and be heard for or against the proposed plans and speci- fications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hear- lng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provildad, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notilce shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 21st day of August, 1981. Bids shall be opened and read by the City Clerk at said time and will be sub- mitred to the Council for final action at a meeting to be held at the City Coun- cli Chambers in City Hall at 7:30 p.m. on the 8th day of September, 1981. passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adap* tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- 5ers Farreli, Feldarman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager submitting bidding procedures for Central Avenue at 22nd Street Traffic Signal Improvement, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Feldarman, Pratt. Nays--None. Absent--Council Member Brady. of Plans, Etc.) NO. 226-81 BE IT RESOLVED by the City Council of the City of DUbuque, Iowa, that the proposed plans, specs., etc., including all items of material and work required for the Central Avenue at 22nd Street - Traffic Signal Im- provements, in the estimated cost of $43,820.12, are hereby approved and ordered filed in the office of City Clerk for public inspection, and are to be con- sidered a part of this Resolution. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Necessity for Improvement) RESOLUTION NO. 227-81 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- ment, and an estimate of the cost for the Central Avenue at 22nd Street Traffic Signal Improvements. BE IT THEREFORE RESOLVED that the City Council deems it advis- ~ and necessary for the public wel- fare to make the herein mentioned ira- provement, and unless interested per- sons at the time of the final considera- tion of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifications, contract or estimated cost of the ira- provement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- Regular Session, August 3, 1981 345 cfi and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Road Use Tax Fund and Community Development Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 1981. Approved and placed on file for final action. APPROVED: D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farreli moved ap- proval of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Feilderman, Pratt. Nays--None. Absent--Council Member Brady. (Fixing Date of Hearing and Authoriz- ing Advertisement for Proposals) RESOLUTION NO. 22~81 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 Central Avenue at 22nd Street Traffic Signal Improvements, 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 RE- SOLVED that on the 8th day of Sep- tember, 1981, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time interested per- sons may appear and be heard for or against the proposed plans and speci- fications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hear- lng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have flied ob- i ections with the City Clerk, they shall be deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 21st day of August, 1981. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the Council for final action at a meeting to be held at the City Coun- cil Chambers in City Hall at 7:30 p.m. on the 8th day of September, 1981. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Feldarman, Pratt. Nays--None. Abeent--Councli Member Brady. Communication of City Manager submitting bidding procedures for the White Street at 21st Street Radius Im- provement, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Farreli. Carried by the following Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 229-81 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifica- tions, and preliminary estimates etc. for the White Street at 21st Street Radius Improvements, in the estimat- ed amt. of $16,737.55 are hereby ap- proved and ordered ~ed in the office of City Clerk for public inspection, and are to be considered a part of this res- ointion. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk 346 Regular Session, August 3, 1981 Regular Session, August 3, 1981 347 Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Necessity for Improvement) RESOLUTION NO. 230-81 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~ ment, and an estimate of the cost for the White Street at 21st Street Radius Improvements. BE IT THEREFORE RESOLVED that the City Council deems it advis- able and necessary for the public wel- fare to make the herein mentioned ira- provement, and unless interested per- sons at the time of the final considera- tion of this proposed resolution have fried objections with the City Clerk to the proposed plans, specifications, contract or estimated cost of the im- provement, they shall be deemed to have waived ail objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk, That the cost and expense of making said improvement will be paid from the Road Use Tax Fund and Community Development Fund, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 1981. Approved and placed on file for final action. APPROVED: D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved approval of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderrnan, Pratt. Nays--None. Absent--Council Member Brady. (Fialng Date of Hem'lng and Authoriz- lng Advertisement for Proposals) RESOLUTION NO. 231-81 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- lice of the City Clerk for public inspec- tion for the White Street at 21st Street Radius Improvements, and WHEREAS, the proposed Resohi- 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 RE- SOLVED that on the 8th day of Sep- tember, 1981, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time interested per- sons may appear and be heard for or against the proposed plans and speci- fications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hear- ing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived ail objec- tions thereto. BE IT FURTHER RESOLVED that the City Clark be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 21st day of August, 1981. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the Council for final action at a meeting to be held at the City Coun- cfi Chambers in City Hail at 7:30 p.m. on the 8th day of September, 1981. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Felderman. Car- tied by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for the con- struction of the Crescent Ridge Sani- tary Sewer, presented and read. Council Member Felderman moved that the proof of publication be re- ceived and filed. Seconded by Council Member Pratt. Carried by the follow. lng vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Mgr. advis- ing of receipt of bids for construction of the Crescent Ridge Sanitary Sewer and recommending awarding of con- tract to Tschiggfrie Excavating, bid 8.39% under estimate, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas--Mayer King, Council Mem- bers Farreil, Felderman, Pratt, Nays--None. Absent--Council Member Brady. (Awarding Contract) RESOLUTION NO. 232-81 WHEREAS, sealed proposals have been submitted by contractors for the reconstruction of the Crescent Ridge Sanitary Sewer pursuant to Resolu- tion No. 175-81 and notice to bidders published in a newspaper published in said City on July 10, 1981; and WHEREAS, said sealed proposals were opened and read on July 23, 1981, and it has been determined that the bid of Tschiggfrla Excavating of Du- buque, Iowa, in the amount of $105,115.28 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the con- tract for the above-mentioned im- provement be awarded to Tschiggfrie Excavating, and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Mgr. advis- ing of completion of Central Avenue Sanitary Sewer reconstruction, pre- sented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Feldsrman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (A Resolution Accepting Improvement) RESOLUTION NO. 233-81 WHEREAS, the contract for the Central Avenue Sanitary Sewer has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tlons and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said ira- provement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the sale of G.O. Bonds & Community Development Fund issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 3rd day of August, 1981. 348 Regular Session, August 3, 1981 D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Felderman. Ca~ rled by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Abeent--Ceuncll Member Brady. Final Estimate RESOLUTION NO. 234-81 WHEREAS, the contract for the Central Avenue Sanitary Sewer has been completed and the City Engineer has submitted his final estimate show- lng the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $105,346.89. That none of the cost thereof shall be assessable upon private property and $105,346.89 shall be paid from the General Obligation Bonds and Com- munity Development Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Mgr. advis- ing of completion of City Hall Parking Lot Expansion Project, presented and Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None, Abeent--Councll Member Brady. (A Resolution Accepting Improvement) RESOLUTION NO. 255-81 WHEREAS, the contract for the City Hall Parking Lot Expansion Pro- ject has been completed and the City Manager has examined the work and ~ed his certificate showing that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the General Fund and the Parking Depreciation Fund in amount equal to the amount of his contract. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resohition. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Abeent--Councfl Member Brady. Final Estimate RESOLUTION NO. 236-81 WHEREAS, the contract for the City Hall Parking Lot Expansion Pro- ject has been completed and the City Engineer has submitted his final esti- mate showing the cost thereof inchid- ing the cost of estimates, notices, in- spection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $23,020.18. That none of the cost thereof shah be assessable upon private property and $23,020.18 shall be paid from the General Fund and Parking Recreation Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Fareell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Mgr. advis- Regular Session, August 3, 1981 349 ing of completion of City Hall Handi- capped Ramp Project, presented and read. Council Member Farrell moved that the coramunicatinn be received and filed. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (A Resolution Accepting Improvement) RESOLUTION NO. 237-81 WHEREAS, the contract for the City Hall Handicapped Ramp has been completed and the City Manager has examined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Man- nger be approved and that said im- provement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the sale of Community Development Fund issued upon the above described improvement in amount equal to the amount of his contract, less any re- tained percentage provided for there- in. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Faiderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Final Estimate RESOLUTION NO. 238-81 WHEREAS, the contract for She City Hall Handicapped Ramp has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $9,932.88. That none of the cost thereof shall be assessable upon private property and $9,932.88 shall be paid from the Community Development Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Abeent--Councfl Member Brady. Communication of City Manager ad- vising of completion of City of Dubu- que 1981 Asphalt Paving Project, pre- sented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 239-81 Resolution Adopting the Final Assess- merit Schedule for the City of Dubu- que 1981 Asphalt Paving Prelect Number One, Including Certain Infor- mation Required by the Code of Iowa, Specifically, the Number o! Annual In- stailments into which Assessments are Divided, the Interest on all Unpaid Installments, the Time when the As- sessments are Payable and Directing the Clerk to Certify the Final Schedule and to Publish Notice Thereof. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That after full consideration of the final schedule of assessments and accompanying plat showing the as- sessments proposed to be made for the construction 'of the City of Du- buque 1981 Asphalt Paving Project Number One on Kerper Boulevard from a point 380 feet north of the centerllne of East Sixteenth Street to Hawthorne Street, 350 Regular Session, August 3, 1981 under contract with Tschlggfrie Exca- vating Company of Dubuque, Iowa, which final plat and schedule was flied in the office of the City Clerk on the 29th day of July, 1981, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby as- sessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied Conditionally against the respective properties benefitted by the improvements as shown in the sched- ule, subject to the provisions of Sec- tion 384.63, Code of Iowa, 1981. Said assessments against said lots are here- by declared to be in proportion to the ~peclal benefits conferred and not in excess of twenty-five percent of the value of same. Said assessments shall be payable at the Office of the County Treasurer of Dubuque County, Iowa, and the same may be paid there or at the Of Bce of the City Treasurer of the City of Dubu- que, in full or in part and without inter- est within thirty days after the date of the certification of the plat and schedule of assessments to the County Auditor of Dubuque County, Iowa. That unpaid assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear in- terest at the maximum rate of twelve percent per annum from tho date of the acceptance of the improvements; the first installment of each assess- ment, or total amount thereof ff it is less than $50.00, with interest on the whole assessment from the date of ac- ceptance of the work by the Council, shall become due and payable on July 1, 1982; succeeding annual invest- ments, with interest on the whole un- paid amount, shall respectively be- come due on July first annually there- after, and shall be paid at the same time and in the same manner as the September semi-annual payment of or- dinary taxes. That the City Clerk be and is hereby directed to certify said final plat and schedule to the County Auditor of Du- buque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the filing of the final schedule. The City Clerk shall also send by certified mall to pro- perty owners whose property is sub- ject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the Code of Iowa, 1981. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk SCHEDULE OF ASSESSMENTS For Kerper Boulevard from a point 380' north of the centerllne of East Sixteenth St. to Hawthorne St. Owner Lot ' Location Valuation Assessment DUBUQUE PACKING COMPANY ADDITION 1 Block 5 577,170 Dub,u, que Packing Co. Dubuque Packing Co. John Mihalekis 3/5 and Richard L. Bilimeyer 2/5 1,567.18 2 Block 8 51,880 3,457.84 RIVERFRONT SUB -4 2-2 36,100 9,583.45 1 w/Lot 3 245.75 1-2 w/Lot 3 460.74 3 212,450 1,275.43 RIVERFRONT SUB -3 Edwin W. Jr., Joseph W. and William A. Giese d~b/a Giese Co. i Block 19 204,050 1,619.72 Union Hoermann Press, Inc. 1-2 Block 19 246,610 1,723.85 Hutting Sash & Door Co. 2-2 Block 19 365,200 482.65 City of Dubuque Block 18 0 281.27 St. Regis Paper Co. of N.Y. i Block 7 3,711,910 10,100.17 Riverfront Realty Corp. 1-1 Block 8 47,700 4,501.67 1-2-1 Block 8 w/Lot 1-2, Block 8 1,798.53 Regular Session, August 3, 1981 351 Owner Lot Location " 2-2-1 Block 8 1-2 Block 8 1-2-2 Block 8 2 Block 7 St. Regis Paper Co. 2-2-2 Keystone Gelatin Co. 2-1 Block 6 Berwanger Boiler Shop, Inc. 2-1-1 Block 6 Dubuque Supply Co. 1-1-1 Block 6 Great N.E. Distrib. Co., Ltd., Cent: Hessameddin & Tajolomalouk Zlaian 1/3 & Shoa'eddfu, Sama'eddin, Shoja'eddin Zlaian and Mahauash Tandon 2/3 1-2 Block 6 Keystone Gelatin Co. 1-2-2 Block 6 The Eska Co. 2-2-2 Block 6 The Eska Co. 2 Block 5 Wm. C. Brown Co. Publishers Kathleen A. Conion (Behr Trust F/B/O Kathleen A. Conlon Children Amn. Trust & Svgs. Bank & Kathleen A, Conlon Co. Trustee & James F. Conlon) Trust-Joint Midwest Corp. 3-1 Block 5 1-1-1 Block 5 2-1-1 Block 5 i Block 17 2-2 Block 17 Bradley Iron Works, Inc. 1-2 Block 17 1 Block 16 2 Block 16 Coca-Cola Bottling Co. 1 Block 15 FrommeR Building Corp. 2 Block 15 E.R. Carpenter Co. Inc. 1 Block 14 Vulcan Development Corp. 1-2 Block 14 Frommelt Industries, Inc. 3 Block 14 " 4 Block 14 E.R;,Carpenter Co. Inc. Block 13 I Block 12 Thar,,molyne Corp. 2 Block 12 I Block 11 2 Block 11 Block 10 1 Block 9 GARVEY PLACE Ther, molyne Corp; 1 2 HAMS ADDITION Wm. E. Zoelembke, Cent: Richard John & Alice R. Kelly .60 John H. Krepfie 59 John H. & Helen Krepfle 58 S~/2 John C. & Mary Leu Reisch 58 N¼ Ralph R. & Bernadine J. Furry 57 w/Lot 1-2-2, Block 8 134.68 80,910 53.08 480,750 3,674.84 w/Lot 1-2-2, Block 8 42.88 Block 8 w/ Lot 1, Block 7 312.58 140,000 324.15 93,910 962.65 243,740 1,507.64 314,740 2,721.27 135,040 2,638.86 1,246,860 1,162.93 w/Lot 2-2-2, B~ck6 1,475.92 87,340 2,118.30 2,902,530 8,553.97 177,750 2,142.59 464,850 4,068.91 w/Lot l, Block 17 875.54 w/Lot 1, Block 16 1,111.42 430,660 1,259.44 21,780 2,731.27 454,240 2,051.94 550,170 2,006.89 12,720 556.35 390,140 1,886.84 440,850 943.18 28,790 666.81 86,120 4,033.59 698,080 3,469.75 52,020 552.07 w/Lot 2, Bleckl2 2,281.56 884,020 694.98 w/Lot 2, Block 11 2,948.17 w/Lot 2, Block 11 2,431.29 24,400 350.76 5,880 350.76 13,780 350.76 w/S¼ Lot 58 350.76 26,520 175.38 25,130 175.38 39,020 350.76 352 Regular Session, August 3, 1981 Elmer M. & Dorothy M. Furry Ronald L. & Carla J. Rhomberg Garv Leo & Janice M. Lenz % Lot Location Valuation Assessment 56 27,490 350.76 Dub. Elec. Motor Svcs. Inc. Donald J. Herbst Braconier, Inc. Westburl Corp. City, of Dubuque Hutting Sash & Door Co. 55 3,560 350.76 54 19.400 350.76 53 30,940 350.76 52 S. 10' w/Lot 53 70.17 52 N. 40' 2,860 280.59 1-20 RIVERFRONT SUB -5 2-4 Block 1 231,770 514.57 5 Block 1 77,240 78.81 2-2-2-2-1 Block 5 131,800 1,663.14 2-A-2-2-1 Block 5 w/Lot 2-2-2- 2-1 Block 5 17.29 1-2-2-2-1 Block 5 266,860 1,759.24 6 Block 1 0 3,908.16 i Block 2 0 3,606.47 2 Block 2 0 2,613.88 JAEGER'S SUBDIVISION 1-19 w/Lot 2-2, Block 19 6.33 w/Lot 2-2, Block 19 7.35 to special benefits conferred. Lot Location Valuation Assessment 264 cu yds@ 5.30= $ 1,399.20 450.35 tons@ 35.00---- 15,762.25 67.11 sq yds@ 28.50= 1,912.64 24,408 sq yds @ 1.46= 35,635.68 1,464 tons@ 30.00= 43,920.00 1,525 gal@ 1.10---- 1,677:50 lhimp@ 1,253.37---- 1,253.37 126.75 tons@ 37.50-~ 4,753.13 135 gal @ 1.25---- 168.75 278.4 lln ft@ 15.60-- 4,343.04 82llnft@ 1.25= 102.50 442.55 ton@ 12.00---- 5,310.60 10,558 sq yds @ 1.46---- 15,414.68 289.9 tons@ 37.50= 8,697.00 720 gal@ 1.10---- 792.00 TOTAL COST $141,142.34 *City Share $ 39,581.70 Assessable Share 101,560.64 15 Percent Engineering Expense 15,234.10 5 Percent In- terest- 52 days 733.49 Total Assessable Amount $117,528.23 All of which is assessed in proportion Owner Excavation, Unclassified Asphalt Treated Base Dowefied-On Concrete Me- dian Repaying Process Cutler A.C. Surface Course (Cutler) CCS-1 Primer R.R. Track Header *A.C. Surface Course *Tack Coat or Prime Coat *Curb & Gutter, Remove & Replace *Asphalt Sawing *Crushed Stone Shoulder- ing *Repaying Process Cutler *A.C. Surface Course (Cutler) *CSS-1 Primer ~~ng vot_e~ ~ing, C_ou~ii Mem- ~r e~,- Felderman, Pratt. Regular Session, August 3, 1981 353 Nays--None. Absent--Council Member Brady. (A Resolution Accepting Improvement) RESOLUTION NO. 240-81 WHEREAS, the contract for the City of Dubuque 1981 Asphalt Paving Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special as- sessments therefor, as required by BE IT FURTHER RESOLVED. that the City Treasurer be and he is hereby directed to pay to the con- tractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any re- rained percentage provided for therein. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrefi, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Final Estimate RESOLUTION NO. 241-81 WHEREAS. the contract for the City of Dubuque 1981 Asp~halt Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $289,489.34. That $117,528.23 of the cost thereof shall be assessable upon private pro- perry and $171,961.11 shall be paid from the General, Rev. Share and Road Use Tax Funds of the City of Dubuque. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager ad- vising of receipt of Petition from Gen- eral Drivers and Helpers Union re- questing to represent certain em- ployees, presented and read. Council Member Felderman moved that the communication be received and filed, Seconded by Council Mem- ber Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 242-31 Authorizing the Mayor to Sign a Stip- ulation of Bargaining Unit. WHEREAS, the 65th General As- sembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa, 1975; and WHEREAS. the City of Dubuque is a public employer within the meaning of Section 3(1), of the Public Employ- ment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local 421, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local 421, has sub- mitted a petition to the Public Em- ployment Relations Board requesting 354 Regular Session, August 3, 1981 to bargain collectively for certain pub- lic employees in the City of Dubuque; and WHEREAS, the parties have reach- ed a tentative agreement as to what constitutes an appropriate unit for the purpose of collective bargaining within the meaning of the Pubilc Employ- men: Relations Act. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that the Mayor be authorized to sign the Stipulation of Bargaining Unit. Passed, adopted and approved this 3rd day of Augnst, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager re- commending to allocate $15,000 from Library Construction Fund for compu- terized Library Circulation System Study, presented and read. Council Member Pratt moved that the communication be received and filed and allocatinn approved. Second- ed by Council Member Farreil. Carried by the foilowlng vote: Yeas--Mayor King, Council Mem- bets Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager submitting Predesign Project Agree- men: for improvements on 9th Street and Kerper Blvd. by Ia. D.O.T., pre- sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farroll. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Falderman, Pratt. Nays--None. Absent--Council Member Brady. A Resolution Authorizing the Mayor to execute a supplement to Pre. design Project Agreement for ira- provements on 9th Street and Kerper by Ia. D.O.T., presented and read. Council Member Pratt moved adop- ;ion of the Resolution. Seconded by Council Member Farrell. Vote on the motion was as follows: Yeas--None. Nays--Mayor King, Council Mem- bers Farrell, Falderman, Pratt. Absent--Council Member Brady. MOTION FAILED TO PASS. Council Member Felderman moved to direct City Manager to further ne- gu:late with the Ia. D.O.T. with appro- priate memo indicating City Council's minimum requirement and under- standing temporary maintenance for minimum of five years for mainten- ance of Kerper Blvd. by Ia. D.O.T. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Feinerman, Pratt. Nays--None. Absent--Council Member Brady. Proof of publication of Notice to Contractors of Receipt of proposals for the construction of North-West Arte- rial, Stage I, Grading and Drainage, City of Dubuque, Iowa, presented and read. Council Member Felderman moved that proof of publication be received and filed. Seconded by Council Mem- ber Pratt. Carried by the foilowing vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Mgr. advis- ing of receipt of bids for North-West Arterial, Stage I, Drainage & Grading and recommending awarding of con- tract, 48.2% below estimate, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Pratt. Carried by the following vote: yees--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Awarding Contract) RESOLUTION NO. 243-81 WHEREAS, sealed proposals have been submitted by contractors for the North-West Arterial, Stage I, Grading and Drainage pursuant to Resolution No. 207-81 and notice to bidders pub- llshed in a newspaper published in said City on July 9, 1981; and Regular Session, August 3, 1981 WHEREAS, said sealed proposed were opened and read on July 30, 1981, and it has been determined that th~ bid of Tscinggfrie Excavating of Du- buque, Iowa in the amount of $304,234.74 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Tscingg- frie Excavating and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubu- que for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved tins 8rd day of August, 1981. D. Mlohael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farreil moved adoption of the Resolution awarding contract to Tscinggfrie Excavating, subject to the Corporation Counsel's approval. Seconded by Council Mem- ber Pratt. Carried by tho fullowing Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Petition of St. Patrick's Parish Cor- poration requesting to transfer Beer Permit from 1425 Iowa St. to McAleece Field on Sept. 5, 6, & 7th, presented and read. Council Member Pratt moved ap- proval of the petition. Seconded by Council Member Feinerman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Falderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 244-81 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following, having compiled with the provisions of law relating to the sale of Cigarettes wi:inn the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers 355 within said City. Bear's Ioco 1399 l~nite Carthew, Inc. The Reds:one 504 Bluff Hillcrest ICA Foodliner 1993 Asbury 22nd Street Tap 521 E. 22nd Dolter's Drive In 910 Dodge John R. Laminar & Joyce J. Hart 1401 Elm St. Passed, adopted and approved tins 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 245-81 WHEREAS, Applications for Beer Permits have been submitted and filed to tins Council for Approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such appllcants were in- spected and found to comply with the Ordinances of tins City and have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be is- sued to the fullowing named appil- cants a Beer Permit. CLASS "B" BEER PERMIT Saint Coinmbkille Church 1240 Rush (Also Sunday Sales) "14 day permit" CLASS "C' BEER PERMIT Dubuque Packing Co. 701 E. 16th Earl Glenn Corbett 408 W. Locust (Also Sunday Sales) Passed, adopted and approved tins 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- :ion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bars Farrell, Falderman, Pratt. 356 Regular Session, August 3, 1981 Nays--None. Absent--Council Member Brady. RESOLUTION NO. 246-81 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEEEAS, The premises to be oc- cupied by such applicants were spected and found to comply with the State Law and all City Ordinances rel- evant thereto and they have filed pro- per bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be is- sued to the following named appli- cants a Liquor License. CLASS "C" BEER AND LIQUOR LICENSE (COMMERCIAL) Dwnine D. Bowman 841 Central (Also Sunday Sales) Carthew, Inc. 504 Bluff (Also Sunday Sales) John F. Glynn 760 E. 16th James L. Klauer 1646 Asbury Liberty Restaurants, Inc. 401-405 Central Ave. (Also Sunday Sales) Imperial Lanes, Inc. 3505 Stoneman (Also Sunday Sales) John R. Lammer & Joyce J. Hart 1401 Elm St. Passed, adopted and approved this 3rd day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Farrefi, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Printed Council Proceedings for the months of March and April, 1981, pre- sented and read. Council Member Pratt moved that the proceedings be approved as printed. Seconded by Council Member Felderman. Carried by the foilowing vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None, Absent--Council Member Brady. Communication of City Mgr. sub- mitting reports for the month of June, 1981, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager ad- vising Council of Fiscal Year 1981 carryovers, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of Mary A. Healey submitting resignation from Library Board effective immediately; Martha Gleeson avising of her intent not to re- apply for the Housing Commission, presented and read. Council Member Pratt moved to ac- cept the resignations with regret. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. MINUTES SUBMITTED: Airport Comm. of 7-15; Carnegie-Stout Public Library of 7-17; Community Develop- ment Corem. of 7-14; Historic Preser- vation Comm. of 7-14; Housing Comm. of 7-21; Human Eights Comm. of 6-11; Park Bd. of 6-11 & 7-10; Playground & Recreation Comm. of 6-8 & 7-13; Tran- sit Bd. of 7-9 and Earnings Statement for month of June, 1981, presented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. NOTICES OF CLAIMS/SUITS: Gloria A. Graham in unknown amount for personal injuries; Merlin Ober- broeckilng on behalf of Karen M. Ober- broeckling, minor, in unknown amt. for personal injuries; Gregory Plue- Regular Session, August 3, 1981 357 mcr, in amt. of $235 for backed-up sewer damages; Franziska M. Red- mend et ux vs. City of Dubuque 3rd party defendants, in unknown amt. for personal and car damages; George Schueller, in amt. of $78.71 for Drooer- ty damages, presented and read. Council Member Pratt moved that the claims and suits be referred [o the Corporation Counsel for inves;igation and report Seconded by Council Member Felderman. Carried by the fol Yeas Mayor King, Council Mom bors Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of Corporation Counsel recommending settlement in amt. of $6,500.00 for personal injuries claim of Michael Bechen, presented and read. Council Mmnber Pratt xnoved that the settlement be approved and Fi- nance Director to issue proper check. Seconded by Council Member Folder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Feldennan, Pratt. Nays--None. Absent--Council Member Brady. Communication of Attorneys for Ozark Air Lines, Inc. advising of sus- pension of all air transportation ser- vice at Dubuque, Iowa, effective Octo- ber 25, 1981, presented and read. Council Member Pratt moved that the communication be received~and' filed. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of Attorneys for Cedar Rapids Television Co. subxnit- ting "Opposition to Petition for Spe- cial Relief" in the matter of KDUB- TV, Inc. before the F.C.C., presented and read. Council Member Pratt moved that the communication be received and filed'. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absent--Conncil Member Brady. Communication of Peoples Natural Gas Co. advising of rate decrease for bills issued on and after July 21, 1981, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas Mayor King, Council Mem- bers Farrel/, Fclderman, Pratt. Nays--None. Absent Council Member Brady, Communication of EDA advising of approval for proposed contract bid documents for the Industrial Pa~k Ina provemen[s Project, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrefi, Felderman, Pratt. Nays--None. Absent--Council Member Brady. There being no further business, Council .Member Felderman moved to adjourn. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Farreil, Felderman, Pratt. Nays--None, Absent--Council Member Brady. Mary A. Davis City Clerk Approved 1981 A~opted 1981 Council Members ATTEST: City Clerk 358 Special Session, August 12,1981 359 CITY COUNCIL OFFICIAL Special Session, August 12, 1981. Council met at 4:30 P.M. {C.D.T.) Present--Mayor King, Council Members Farreil, Felderman, Pratt. City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Absent--Council Member Brady at roll call. Also present--Transit Board Mem- bers Pregler, Quick, Transit Manager Wm. Kohler. Absent--Transit Board Member Heathcote. Mayor King read the call and stated that service thereof had been duly made and this Meeting is a Joint Meet- ing with the Translt Board called for the purpose TO rEVIEW AND DIS- CUSS THE FINAL REPORT OF THE TRANSIT STUDY and acting upon such other business which may properly come before the Council. Mr. Ed Pigman and Mr. Tom Hard- castle presented the Transit Develop- ment Program for Dubuque, Iowa and advised this study is an update of the Transit Development Plan from 5 years ago. Modifications were made to recommendations after public hear- ings -- Final report is key document. Council Member Brady entered the Council Chambers and took his place at the table at 4:44 p.m. Council Member Farreil questioned how does transfer station help for waiting time and do we look further West for transfer station? Mr. Hard- castle advised service to the down- town would be much better and that 6 sites had been studied for transfer sta- tions and of opinion to keep as close as possible to center of City. Main reason for this choice was that city owned property on both sides of site. Council Member Pratt questioned if the streets need to be widened to pro- vide station at Grandview & Delhi. Mr. Hardcastle stated this area would work without any additional curb cuts; One Shelter and one or more benches to be placed in area; Transfer points are not termlna]s. Petition of Mrs. John Gasell et al (15 signers) opposing to having a bus transfer station adjacent to their pro- pertles located on Stewart Street and University Ave., presented and read. Council Member Brady moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mrs. John Gaseil of 865 Stewart St. spoke to the petition being of the opin- ion that buses would be parking in their back yards -- Buses start run- ning at 6 a.m. and this is too early for the neighborhood; Would also create a traffic hazard; Difficult to get out of driveway onto street at those times when buses would be parked. Mr. Hardcastle advised only a 2 minute waiting time is expected. Wm. Hess of 1620 University Ave. stated he concurred with Mrs. Gasell's concerns; Of opinion that curb cut will be made and come into their back- yards. Janet Hess of 1620 University Ave. expressed concerns of using both sides of streets for parking; Requested Council go with Second Choice as pre- sented by consultants; Within 2 years transfer station could become a full terminal sif~. Council Member Felderman moved that the petition of Mrs. Gasell be re- coived and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting the final report on the Key- line Transit System prepared by Public Transit Management and Con- Inc. (PTMC), presented and Council Member Pratt moved that the communication be received and filed and Council concur with and af- firm basic study. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager re- questing Council approval in the amount of $40,000 to cover the cost of implementing the bus route changes recommended by Public Transit Man- agement and Consultants, Inc. as part of the comprehensive transit system study, presented and read. Council Member Felderman moved that the communication be received and filed and request approved and City Manager authorized to enter into an agreement with PTMC in an mount Special Session, August 12, 1981 not to exceed 517,251 to assist in the implementation process by performing the work outlined in their proposal dated June 23, 1981. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Felderman, Pratt. Nays--None. Tliere being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved 1981 Adopted 1981 Council Members ATTEST: City Clerk 360 Special Session, August 17, 1981 CITY COUNCIL OFFICIAL Special Session, August 17, 1981. Council met at 7:30 P.M. (C.D.T.) Present--Mayor King, Council Members Farrell, Felderman, Pratt, City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Absent--Council Member Brady. Mayor King read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider RESOLUTIONS AWARDING CONTRACTS FOR VARIOUS PROJECTS IN THE DU- BUQUE INDUSTRIAL CENTER and acting upon such other business which may properly come before the Council. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend Zoning Ordinance by enacting new sections in lieu there- of providing for definition of Housing for the Elderly, to allow principal or conditional uses in underlying dis- tricts as principal permitted uses in the corresponding PUD designation, to clarify accessory uses permitted within the PUD district and establish- lng additional maximum permitted floor area ratio standards, presented and read. There were no written objections re- ceived and no oral objectors present at the tinge set for the Hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. ORDINANCE NO. 45-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANC- ES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RE- PEALING THE DEFINITION OF HOUSING FOR THE ELDERLY OF ARTICLE XI ENTITLED DEFINI- TIONS AND ENACTING A NEW DEFINITION OF HOUSING FOR THE ELDERLY OF ARTICLE XI IN LIEU THEREOF; By REPEALING SECTION 4-110.4 OF ARTICLE IV AND ENACTING A NEW SECTION 4-110.4 OF ARTICLE IV IN LIEU THEREOF, TO ALLOW PRIN(~I- PAL OR CONDITIONAL USES IN UNDERLYING DISTRICTS AS PRINCIPAL PERMITTED USES IN THE CORRESPONDING PLAN- NED UNIT DEVELOPMENT DES- IGNATION; BY REPEALING SEC- TION 4-110.5 OF ARTICLE IV AND ENACTING A NEW SECTION 4-110.5 OF ARTICLE IV IN LIEU THEREOF, TO CLARIFY ACCES- SORY USES PERMITTED WITHIN THE PLANNED UNIT DEVELOP- MENT DISTRICT; BY REPEALING TABLE 4-110.10.3 OF ARTICLE IV AND ENACTING A NEW TABLE 4-110.10.3 OF ARTICLE IV IN LIEU THEREOF, TO ESTABLISH ADDI- TIONAL MAXIMUM PERMITTED FLOOR AREA RATIO STAN- DARDS, said Ordinance having been presented and read at the Council Meeting of July 20, 1981. ORDINANCE NO. 45-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING THE DEFINITION OF HOUSING FOR THE ELDERLY OF ARTICLE XI ENTITLED DEFINITIONS AND ENACTING A NEW DEFINITION OF HOUSING FOR THE ELDERLY OF ARTICLE XI IN LIEU THEREOF; BY REPEAL- ING SECTION 4-110.4 OF ARTI- CLE IV AND ENACTING A NEW SECTION 4-110.4 OF ARTICLE IV IN LIEU THEREOF, TO ALLOW PRINCIPAL OR CONDITIONAL USES IN UNDERLYING DIS- TRICTS AS PRINCIPAL PER- MITTED USES IN THE CORRESPONDING PLANNED UNIT DEVELOPMENT DESIG- NATION; BY REPEALING SEC- TION 4-110.5 OF ARTICLE IV AND ENACTING A NEW SEC- TION 4-110.5 OF ARTICLE IV IN LIEU THEREOF, TO CLARIFY ACCESSORY USES PERMITTED WITHIN THE PLANNED UNIT DEVELOPMENT DISTRICT; BY REPEALING TABLE 4-110.10.3 OF ARTICLE IV AND ENACTING A NEW TABLE 4-110.10.3 OF ARTI- CLE IV IN LIEU THEREOF, TO ESTABLISH ADDITIONAL MAX- Special Session, August 17, 1981 361 IMUM PERMITTED FLOOR AREA RATIO STANDARDS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appen- dix A thereof, also known as the "Zon- ing Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing the definition of housing for the elderly of Article XI thereof, and enacting a new definition of housing for the elderly of Article XI in heu thereof, as follows: Article XI-Definitions Housing for the elderly, handicapped and disabled-a dwelling designed, maintained, and operated for exclu- sive occupancy by elderly, handi- capped and disabled persons who constitute an elderly family as defined by the regulations of the United States Department of Hous- lng and Urban Development and providing that one dwelling unit may be used for a resident manager who shall be exempt from occupancy age limitations. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be mnended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Sec- tion 4-110.4 of Article IV thereof, and enacting a new Section 4-110.4 in lieu thereof as follows: Section 4-110.4 Principal Permitted Uses 4-110.4.1 R-1 Planned Unit Develop- ment: 1) Any principal or conditional use permitted in the R-1 Reaidential Dis- trict 2) Duplexes 3) Townhouses of no more than two (2) dwelling units 4-110.4.2 R-2 Planned Unit Develop- ment: 1) Any principal or conditional use permitted in the R-2 Residential Dis- 2) Duplexes four (4) dwelling units 4) Multiple family dwellings con- raining no more than four (4) dwell- 1) Any principal or conditional use 2) Multiple family dwellings con- taining no more than eight (8) dwelling 4-110.4.4 R-4 Planned Unit Develop- 1) Any principal or conditional use permitted in the R-4 Residential Dis- trict 2) Townhouses 3) Multiple family dwellings con- taining no more than twenty (20) dwelling units 4) Mobile homes 5) Housing for the Elderly, Handi- capped and Disabled 4-110.4.5 R-5 Planned Unit Develop- 1) Any principal or conditional use permitted in the R-5 Residential Dis- trict 2) Housing for the Elderly, Handi- capped and Disabled 4-110.4.6 OR-1 Planned Unit Devel- opment: 1) Any principal or conditional use permitted in the OR-1 Office Residen- tial District 2) Housing for the Elderly, Handi- capped and Disabled Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appen- dix A thereof, also known as the "Zon- ing Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Section 4-110.5 of Article IV thereof, anti enacting a new Section 4-110.5 in lieu thereof, as follows: Section 4-110.5 Accessory Uses The following accessory uses and building~ ~ce permitted for the princi- pal uses allowed by Section 4-110.4, but only in accordance with the pro- visions of Article V of this ordinance entitled "Supplementary District Reg- 4-110.5.1 Those accessory uses build- ings and structures allowed in the par- ticular underlying district. 4-110.5.2 Retail sales and service uses, limited to those specifically approved by the Planning and Zoning Commission and City Council, pro- vided that such uses are primarily for pants of the development. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be alnended by revising Appen- dix A thereof, also known as the "Zon- ing Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Table 4-110.10.3 of Article IV thereof, and enacting a new Table 4-110.10.3 of Article IV ill lleu thereof, as follows: 362 Special Session, August 17~ 1981 Section 5. The foregoing amend- meats have heretofore been approved by the Planning and Zoning Commie- sion of the City of Dubuque, Iowa. pASSED, ADOPTED AN D APPROVED this 17th day of August, 198L n. Michael King MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 24th day of August, 1981. Mary A. Davis City Clerk It 8/24 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- hers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend znain~ Ordinance by reclassifying property described as 3131 Hillcrest Road, legally described as Lot 2-1 and Lot 2.1-1-1 of "Power's Farm" in the City from R-2 Single Family Residential District" to R-3 Planned Unit Development District, presented and read. There were no written objections re- ceived and no oral objectors present at the time set for the Hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Mem- ber Feldermna. Carried by the follow- ifig vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. ORDINANCE NO. 46-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, pROVIDING THAT THE CODE OF ORDINANC- ES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP O~P THE CITY OF DUBUQUE, IOWA" BY RE- CL.~.SSiFYING 3131 HILLCREST RD., LEGALLY DESCRIBED AS LOT 2-1 AND LOT 2-1-1-1 OF "POWER'S FARM" IN THE CITY OF DUBUQUE, IOWA, FROM "R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT" to "E.4 PLANNED UNIT DEVELOPMENT DISTRICT," said Ordinance having been presented and read at the Council Meeting of July 20, 1981, presented for final adoption. ORDINANCE NO. 46-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING pROPERTY HEREINAFTER DE. SCRIBED FROM "R-2 SINGLE FAMILY RESIDENTIAL DIS- TRICT''TO "R-4 PLANNED UNIT DEVELOPMENT DISTRICT". WHEREAS, Luther Manor as appfi- cant, owner and developer, has flied a preliminary development plan for cer- rain property, hereinafter described, in Special Session, August 17, 1981 363 accordance with the provisions of the Planned Unit Development District Regulations as setforth in Section 4- 110 of Article IV of the Code of Ordi- nances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, said applicant has also filed an application for reclassification of said property from "R-2 Single- Fmnily Residential District" to "R-4 planned Unit Development District" in accordance with the provisions of zoning reclassifications as setforth in Article VIII of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- lng Commission has held a Public Hearing on Said preliminary develop- ment plan and said application for zoning reclassification pursuant to required public notices; and WHEREAS, the Planning and Zon- lng Commissinn has conditionally approved said preliminary development plan and said application for zoning reclassification having found that said plan conforms with the review stan- dards applicable to such plans as set- forth in Section 4-110.10 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- lng Commission recommended the con- currence of the City Council in conditional approval of said prelimi- nary development plan and said appli- cation for zoning reclassification; and WHEREAS, the City Council has received the recommendatinn of the Planning and Zoning Commission and has held its own Public Rearing on said preliminary development plan and said application for zoning recinsslflca- tion pursuant to required public notice; and WHEREAS, the City Council has conditionally approved said prelimi- nary development plm~ and said appli- cation for zoning reclassification; 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 revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying from "R-2 Single-Family Residential District" to "R-4 Planned Unit Devel- opment District", the following described property, to wit: 3131 Hillcrest Road, legally described as Lot 2-1 and Lot 2-1-1-1 of "Power's Farm" in the City of Dubuque, Iowa. Section 2. That the "R-4 Planned Unit Development" designation applied to the property herein described is a tentative reclassification and final adoption of the amendment as setforth in Section 1 of this Ordi- nance shall be subject to the require- meats of Article IV, Section 4-110.11.3 of Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", whereby final adoption of the "Planned Unit Development" designation be contin- gent upon submission of the final development land by the developer, within six (6) months of the effective date of this Ordinance, and further, that failure by the developer to comply with the requirements as setforth herein, shall automatically revert the property to its former "R-2 Single- Family Residential District" classifica- Section 3, That the foregoing approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 17th day of August, 1981. D. Michael King MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 24th day of August, 1981. Mary A. Davis City Clerk it 8/24 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bets Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager recommending sale of Petrakis Park to Pillsbury Co. in the amt. of $180,000, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Farreli, Carried by the following Yeas--Mayor King, Council Mem- bers Farreli, Feldernmn, Pratt. Nays--Nnae. Absent--Council Member Brady. 364 Special Session, August 17, 1981 RESOLUTION NO. 247-81 Resolution Approving Plat of Vacated Pine Street from the East Property Line of Market Street to the West Pro- perty Line of Bell Street, Vacated Wall Street from the East Property Line of Market Street to the West Pro- perry Line of Fourth Street, Vacated Alley Between Wall Street and Wash- ington Street from the East Property Line of Market Street to the West Pro- perry Line of Fourth Street, and Va- cated Washington Street from the East Property Line of Market Street to the West Property Line of Fourth Street. WHEREAS, there has been present- ed io the City Council of the City of Dubuque, Iowa, a plat dated August 17, 1981, covering vacated Pine Street from the East property line of Market Street to the West property line of Bell Street, vacated Wail Street from the East property line of Market Street to the West property line of Fourth Street, vacated Alley between Wail Street and Washington Street from the East property line of Market Street to the West property line of Fourth Street, and vacated Washing- ton Street from the East property line of Market Street to the West property line of Fourth Street; and WHEREAS, said plat conforms to the laws and statutes pertaining there- to. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat dated Aug- ust 17, 1981, covering the real estate herein above described, be and the same is hereby approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to ex- ecute said plat for and on behalf of the City of Dubuque, Iowa; Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iow~ Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. An Ordinance Vacating Pine Street from the East Property Line of Market Street to the West Property Line of Bell Street, Vacating Wall itreet from the East Property Line of Market Street to the West Property Ane of Fourth Street, Vacating Alley Between Wall Street and Washington Street from the East Property Line of Market Street to the West Property Line of Fourth Street, and Vacating Washington Street from the East Pro- perty Line of Market Street to the West Property Line of Fourth Street, presented and read. Council Member Felderman moved that the reading just had be consider- ed the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Council Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King. Council Mem- bers Farrell, Feldermna, Pratt. Nays--None. Absent--Council Member Brady. Council Member Felderman moved that a Public Hearing be held on the Ordinance on September 8, 1981, at 7:30 p.m. in the Council Chamber at the City Hail and that the City Clerk be instructed to publish notice of the Hearing in the manner required by law. RESOLUTION NO. 248-81 Disposition of Peteelds P~rk Authori- zation for Public Hearing. WHEREAS, the City has been, for a number of months, negotiating for the disposition of property known as Petrakis Park; and WHEREAS, two bids were received on August 5, 1981, namely, the bid from Agri Industries, Des Moinee, Iowa, for $152,000.00, and the bid from Pillsbury Company for $180,000.00; and WHEREAS, it is the desire of the Special Session, August 17, 1981 365 City to sell the property to the Pills- bury Company for $180,000.00; and WHEREAS, the Code of Iowa, 1981, under Section 364.7, stipulates that a resolution shall be adopted to publish a notice as provided in Section 362.3 of the Code of Iowa relating to the date, time and place of a public hearing on a proposal for the disposition of the pro- perty. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa; Section'l. That the City Clerk be df- rected to publish a notice for a public hearing to be held in the City Council Chambers on September 8, 1981, at Z'30 p.m. for disposition of Petrakis Park to Pillsbury Company for $180,00~.00. Passed. adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager submitting proposed Memorandum of Agreement with Dubuque-In-Future, Inc., presented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Pratt, Carried by the renewing vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Abeent--Cnancil Member Brady. RESOLUTION NO. 249-81 A Resolution Accepting a Memoran- dum of Agreement with Dubuque-In- Future, Inc. Providing for the Assign- ment of Responsibilities for Manage- ment of the Dubuque Industrial Cen- ter, for the Marketing of Sites Therein, and Providing Further for the Transfer of Certain Property of the City of Dubuque, Iowa to Dubuque-ln- Future, Inc. an Iowa Non-Profit Cot- poration. WHEREAS, the ~City of Dubuque, Iowa and Dubuque-In-Future, Inc. an Iowa non-profit corporation, are co- sponsors in the Dubuque Industrial Center, according to a grant agree- ment with the Economic Development Administration of the United States Department of Commerce; and WHEREAS, the Dubuque Industri- al Center project is to be constructed on land now owned by the City of Du- buque, Iowa, such land having been purchased with funds from the Com- munity Development Block Grant pro- gram of the United States Department of Housing and Urban Development; and WHEREAS, it is in the interest of the Dubuque Industrial Center project that the responsibilities of the co- sponsor be defined, and that provision be made for the further development, improvement and marketing of dis- position sites in the project; and WHEREAS, the regulations of the Community Development Block Grant program provide for the transfer of block grant funds to qualified non- profit entities, for the purpose of car- rying out the activities of such pro- gram; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and the City Clerk be and they ar~ hereby au- thorized and directed to endorse the ac- ceptance of the City of Dubuque, Iowa upon that certain Memorandum of Agreement between the City of Dubu- que, lowa and Dubuque. In. Future, Inc., hereto attached and marked Ex- hibit "A." Section 2. That it is the intent of the City Council of the City of Dubuque, Iowa to dispose of its interests in that portion of Lot 2 of A,C. Pfohl Place in the City of Dubuque, Iowa shown upon the Disposition Plan Map attached to the aforesaid Memorandum of Agree- ment to Dubuque~In-Futuro, Inc. for and in consideration of the mutual cov- enants therein made. Section 8. That the City Clerk is hereby directed republish notice in the form required by law of a public hea~ lng to consider any objections to the disposal of interests in the aforesaid real estate, such public hearing to be held at 4:30 p.m. o'clock on September 2) 1981 in the Council Chambers at City Hal~ Passed, approved and adopted this 17th day of Augusg 1981. 366 D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farreil moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Council Member Farrell moved to suspend the rules to let anyone pre- sent address the Council if they so de- sire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Feldorman, Pratt. Nays--None. Absent--Council Member Brady. Petition of John W. Moore request- ing to address the Council for purpose to place newstand box on public pro. perry, presented and read. Mr. Moore spoke to the petition, pre- senting Council with a copy of his "Concept Sheet" which he eventually hopes to sell out of the newsbox for 5 cents, if given permission to install newsimx~es). Council Member Pratt moved that the petition be referred to the City Manager. Seconded by Council Mem- ber Felderman. Carried by the foilow- hig vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absout--Council Member Brady. Communication of City Manager questing the transfer of Community Development Block Grant Funds to the Industrial Couter Project, pre- sented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 250-81 A Resolution Directing the Transfer of Certain Community Development Block Grant Funds. WHEREAS, the City of Dubuque is entitled to certain funds under the Couununity Development Block Grant Special Session, August 17, 1981 Program authorized under Title I of the Housing and Community Develop- merit Act of 1974; and WHEREAS, the regulations gov- erning the development of revisions, changes or amendments have been complied with by the City of Dubuque, Iowa; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That an amount not to ceed ninety-eight thousand dollars and no cents ($98,000) shall be transferred and reprogrammed as follows: FY '81 Rehab/Acquisition/ Demolition (General) .................. $ 9,660 FY '81 Rehab/Acquisition/ Demolition (NDIA) .................... 5,000 FY '81 Rehab/Acquisitlon/ Demolition (11th St.) ..................9,600 FY '81 Downtown Develop- ment ............................................. ~75,060 Transfer to: Dubuque Industrial Park Project ................................ $98, ~0 Section 2. That the Community De- velapment Commission held a Public Hearing on August 11, 198I on the foregoing transfer of funds. Section 3. That the transfer of funds has heretofore been approved by the Community Development Commis- sion. Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrall moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farren, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Coromunicetinn of City Manager re- questing extension of time to the final Development Plan plat for Industrial Center, presented and read. Council Member Felderman moved that the communication be received snd filed. Seconded by Council Mem- her Farrell. Carried by the following Yeas--Mayor King, Council Mem- bets Fatten, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Special Session, August 17, 1981 367 RESOLUTION NO. 251-81 Resolution Providing for an Extension of the Time Limitation Specified in the Ordinance Authorizing the Establish- ment of a Planned Industrial District for Submission of Final Development Plans for the Dubuque Industrial Cen- ter. WHEREAS, Ordinance No. 49-80 was passed, approved and adopted on the 7th day of July, 1980, and provid- ed for the establishment of a Planned Industrial District on property now known as the Dubuque Industrial Cen- ter; and WHEREAS, Section 2 (a) of said Or- dinance No. 49-80 provides that the de- veloper submit final development plans in substantial conformity with the approved preliminary plans within twelve (12) months of the effective date of this Ordinance; and WHEREAS, the time limitation spe- cified in the Ordinance for the submis- sion to the Planning and Zoning Com- mission of such final development plans has since expired due to delays in the project, and the developer, Dubuque-In-Future, Inc. has re- quested an extension of such time limi- tation, upon showing of good cause; and WHEREAS, Section 4-12L5.7) (c) provides that tho City Council may, upon showing of good cause, grant an extension in the time limitation speci- fled in the Ordinance authorizing the establishment of the Planned In- dustrial District for submission of final development plans to the Plan- ning and Zoning Commission for the Dubuque Industrial Center; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the requirement set forth in Section 2(o) of Ordinance No. 4~80 for the submission of a final development plan for the Dubuque Indus trial Center with twelve months be hereby tended to January 7, 1982, and that subsequent extensions of said submis- sion date may hereafter be requested by the developer, Dubuque-ln-Futuro, Inc., upon showing of good cause. Passed, adopted and approved this 17th day of August, 198L D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Proof of publication, certified to by the Publisher, of Notice to Contractors of the Receipts of Proposals for the construction of the Industrial Park Water Storage Facility 1981, pre- sented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Mem- ber Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager ad- vising of receipt of bids for construc- tion of the Industrial Park Water Stor- age Facility on August 10th, 16.68% under estimate and recommending awarding of contract, presented and read. Council Melnber Pratt moved that the communication be received and filed. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Awarding Contract) RESOLUTION NO. 252-81 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Industrial Park Water Ster- age Facility pursuant to Resolution No. 185-81 and Notice to Bidders pub- lished in a newspaper published in said City on July 9, 16, 23 and 30, 1981; and WHEREAS, said sealed proposals were opened and read on August 10, 1981, and it has been determined that the bid of Chicago Bridge and Iron of Chicago, Illinois, in the amount of $546,100.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the con- tract for the above-mentioned ira- provement be awarded to Chicago Bridge and Iron, and subject to the concurrence of the Economic Develop- 368 Sped~d Session, August 17, 1981 ment Administration, and the Manag- er be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete perfor- mance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid de- posits of the unsuccessful bidder. Passed, adopted and approved tins 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absant--Council Member Brady. RESOLUTION NO. 253-81 Resolution Authorizing the City Man- ager to Execute an Engineering Agree- merit with Warzyn Engineering Com- pany. WHEREAS, the City of Dubuque is constructing a Water Storage Facility on Pennsylvania Avenue, to serve the Dubuque Industrial Park and adjoin- lng commercial and residential areas; and WHEREAS, bids were taken for the construction of this facility on August 10, 1981, and Cincago Bridge and Iron Company was the low bidder; and WHEREAS, construction on this fa- cility will commence witinn the next thirty days; and WHEREAS, it is imperative that the professional engineering firm be retained to monitor the construction of the foundation for this storage faell- ity. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Manager be authorized to execute an Engineering Agreement with Warzyn Engineering, Inc., Madison, Wisconsin, for engi- neering inspection services for the Du- buque Industrial Parh Water Storage Facility. Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Proof of publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for the con- structinn of the Dubuque Industrial Center and Associated Sewer/Water Service Facilities, City of Dubuque, presented and read. Council Member Felderman moved that the proof of publication be re- ceived and filed. Seconded by Council Member Farreil. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager ad- vising of receipt of bids for above on August 10th, 23% under estimate and recommending awarding of contract, presented and read. Council Member Felderman moved that the cannnuincation be received and filed. Seconded by Council Mem- ber Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. (Awarding Contract) RESOLUTION NO. 254-81 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Industrial Center and Asso- clated Sewer/Water Service Facilities pursuant to Resolution No. 188-81 and notice to bidders published in a news- paper published in said City on July 9, 16, 23, and 30, 1981; and WHEREAS, said sealed proposals were opened and read on August 10, 1981, and it has been determined that the bid of Gordon Russell, Inc., of Iowa City, in the amount of $1,290,400.30, was the lowest bid for the furnishing of all labor and materi- als and performing the work as pro- Special Session, August 17, 1981 369 vided for in the plans and specifica- tions. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the con- tract for the above-mentioned ira- provement be awarded to Gordon Rus- sell, Inc., and subject to the concur- rence of the Economic Development Administration, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubu- que for ~he complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid de- posits of the unsuccessful bidders. Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Commuincatinn of City Manager submitting an agreement for coordina- tion of Traffic Signals along Highway 20 in the City, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farren, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 255-81 Resolution Authorizing Execution of an Agreement Between the City of Du- buque, Iowa, and the U.S. Department of Transportation, Federal Highway Administration Relating to the Im- provement of Traffic Signals Along U.S. Highway 20 in Dubuque. That the attached agreement and work order relating to Federal High- way Administration funding of a pro- ject to coordinate the traffic signals along U.S. Highway 20 in Dubuque be approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute the agreement for and on behalf of the City Council. Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager submitting resolution approving Sup- plement No. 9 to the City of Dubuque Code of Ordinances, submitted and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 256-81 Resolution Adopting Supplement No. 9 to the Code of Ordinances of the City of Dubuque, Iowa, WHEREAS, under date of November 1, 1976, the City Counc'd of the City of Dubuque, Iowa, pursuant to Ordinances 55-76 and after a public hearing, adopted a Cede of Ordinances of the City of Dubuque, Iowa, for or- dinances adopted up to and including September 15, 1975; and WHEREAS, since September 15, 1975, the City Council of the City of Dubuque, Iowa, has adopted certain ordinances amending the Code of Ordi- nances and said amendments have been printed from time to time as sup- plements to the Code of Ordinances; and WHEREAS, Section 380.8 of the 1979 Code of Iowa provides that the supplements, by reselutinn, become part of the Code of Ordinances; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Supplement No. 9 to the Code of Ordinances of the City 370 Special Session, August 17, 1981 of Dubuque, Iowa, covering ordinanC- es adopted by the City Council of the City of Dubuque, Iowa, up to and through March 10, 1981, printed by the Municipal Code Corporation, Tallahas- see, Florida, hereto filed in the office of the City Clerk of the City of Dubuque, lown, be and it is hereby adopted and becomes part of the Code of Ordinanc- es of the City of Dubuque, Iow~ Passed, adopted and approved this 17th day of August, 198I. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop. gion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem. hers Farrell, Felderman, Pratt. Nays--None. Abeant--Council Member Brady. Communication of City Manager submitting Certificate relating to the City's efforts to provide transporta- tion for the handicapped and request- lng Mayor be authorized to execute Certificate, presented and read. Council Member Felderman moved that the communication be received and filed and Mayor authorized to exe. cute the Certificate. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of P & Z approving final plat for Archdiocese of Dubuque for property located within the City's extra-territorial review jurisdiction, being south of Old H~ghway 151 and west of Mt. OHvet Cemetery, pre- canted and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 257-81 Resolution Approving Plat of the Sub- division of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the Northwest One-Quarter of the Southeast One-Quarter, Section 11, Township 88 North, Range 2 East he 5th Principal Meridian, and the Subdivision of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of LOt 1of LOt 1 of the Southwest One-Quarter, Section 11, Township 88 North, Range 2 East of the 5th Principal Meridian, Each Being in Table Mound Township, Du- buque County, Iowa. WHEREAS, there has been filed Clerk a plat in which Lot 2 of Lot 1 of Lot I of Lot I of the ~orthwest One-Quarter of the South- east One-Quarter, Section 11, Town- ship 88 North, Range 2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa, is platted as Lot 1 and Lot 2, each of the Subdivision of Lot 2 of Lot 1 of Lot 1 of the Northwest One. Quarter of the Southeast One-Quarter, Section 11, Township 88 North, Range 2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa, and Lot 2 of Lot I of Lot I of Lot I of Lot I of Lot I of Lot I of the Southwest One-Quarter, Section 11, Township 88 North, Range 2 East of the 5th principal Meridian, in Table Mound Township, Dubuque County, Iowa, is now platted as Lot 1 and Lot 2, each of the Subdivision of Lot 2 of Lot i of Lot 1 of Lot 1of Lot 1of Lot 1 of Lot 1 of the Southwest One-Quar- ter, Section 11, Township 88 North, Range 2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zen- lng Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that Lot 2 of Lot 2 of Lot 1 of Lot I of Lot 1 of Lot i of Lot I of Lot I of the South- west One-Quarter and Lot 2 of Lot 2 of Lot I of Lot i of Lot 1 of the North- west One-Quarter of the Southeast One-Quarter, both in Section 11, Township 88 North, Range 2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa do not front on a public street; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- ing Commission on the condition that Lot 2 of Lot 2 of Lot 1 of Lot i of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the South- west One-Quarter and Lot 2 of Lot 2 of Lot I of Lot i of Lot I of the North- west One-Quarter of the Southeast One-Quarter, both in Section 11, Township 88 North, Range 2 East of the 5th principal Meridian in Table Special Session, August 17, 1981 371 Mound Township, Dubuque County, Iowa will be consolidated with Lot 2 of Lot 1 of Lot i of Lot 1 of the South- west One-Quarter and Lot 2 of Lot 1 of the Northwest One-Quarter of the Southeast One-Quarter, both in Sec- tion 11, Township 88 North, Range 2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa as a single lot prior to any development of the newly platted parcels; and WHEREAS, said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the condition of approval esteb- liahed by the City Planning and Zen- lng Commission; NOW, THEREFOI~E, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above.described plat be and the same is hereby ap- proved and the Mayor and Clerk be and are hereby authorized and directed to endorse the approval of the City of Dubuque upon sald plag provided that the owner of said property shall ex- route a written acceptance hereto aP tached, acknowledging and agreeing: cd That Lot 2 of Lot 2 of Lot i of Lot 1 of Lotl of Lot1 of Lot1 of Lotl of the Southwest One. Quarter and Lot 2 of Lot 2 of Lot 2 of Lot i of Lot 1 of the Northwest One-Quarter of the Southeast One-Quarter, both in Sec- tion 11, Township 88 North, Range2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa will be consolidated with Lot 2 of Lot i of Lot 1 of Lot 1 of the Southwest One-Quarter and Lot 2 of Lot I of the Northwest One-Quarter of the Southeast One- Quarter, both in Section 11, Town- ship 88 North, Range 2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa into a single lot prior to devel- opment of the newly platted pa~ eels. Section 2. That in the event the owner fails to execute the Acceptance provided for in Section i herein within forty.five (45) days after the date o[ this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 17th day of August, 1981. Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Felderman. Car- rlad by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of P & Z approving final plat of A.C. Pfohl Place located south of Pennsylvania Ave. and West of N.W. Arterial, presented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Pratt. Carrled by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--Noue. Absent--Council Member Brady. RESOLUTION NO. 258-81 WHEREAS, there has been pre- sented to tlie City Council of the City of Dubuque, Iowa, a plat of The Subdivision of Lot 2 of A.C. PFOHL PLACE in the City of Du- buque, Iowa; and WHEREAS, the City Council has examined the same and finds that said plat conforms to law and same should be approved; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the herein- above described real estate be and the same is hereby approved, a copy of which is hereto attached. Section 2. That the Mayor and the City Clerk be and they are hereby au- thorized and directed to execute the same on behalf of the City of Dubuque, Iowa, as owner and approving agency. Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: 372 Special Session, August 17, 1981 Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. BOARDS AND COMMISSIONS: Communications of Thomas Schrup advising he will not be seeking re-election to the Dubuque Park Board at the election to be held in November; communication of Mike Cahill submit- ting resignation from the Electrical Appeals Board, presented and read. Council Member Farrell moved that the communications be received and filed and resignations be accepted with regret. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Council Member Fatten moved that Doris Hintgen be reappointed to the Housing Commission. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Council Member Pratt moved that Esther Tauke be reappointed to the Housing Commission. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Council Member Farreli moved that Randolph Lyon be appointed to the Housing Commission. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farren, Feinerman, Pratt. Nays--None. Absent--Council Member Brady. Therefore, Doris Hingtgen and Esther Tauke reappointed and Ran- dolph Lyon newly appointed to the Housing Commission for three year terms winch will expire August 17, 1984. RESOLUTION NO. 259-81 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. Captain's Table 926 Main Lorrane Thill 1406 Pine The Lounge 481 Locust Tom H. Wilcox 1602 Central Bistro 951 Main Passed, adopted and approved tins 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 260-81 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and ap- proved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be is- sued to the following named appli- cants a Beer Permit. CLASS "B" BEER PERMIT Adella Alvine Ferrlng 385 E. 13th Holy Trinity Parish 1700 Lincoln (Also Sunday Sales~ Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. RESOLUTION NO. 261-81 WHEREAS, Applications for Li- quor Licenses have been submitted to Special Session, August 17, 1981 373 tins Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rel- evant thereto and they have filed pro- per bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be is- sued to the following named appli- cants a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE J. R. Bainbridge 1375 Locust Mary L. Demmer 1445 Central Raymond Gross 1700 Central (Also Sunday Sales) Jerry Lee James 1899 Rockdale Rd. (Also Sunday Sales) Clair L. Haas 2617 University (Also Sunday Sales) Shirley Kamentz 36 W. Fourth Roy P. & Zella Mangeno 1322 Central Tom H. Wilcox 1602 Central Roger M. Beck 2776 Jackson (Also Sunday Sales) Passed, adopted and approved this 17th day of August, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Printed Council Proceedings for the month of May, 1981, presented and read. Council Member Felderman moved that the proceedings be approved as printed. Seconded by Council Member Farrell. Carried by the fuilowing vote: Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of City Manager ad- vising of the disposition of certain Council referrals to the City Manager, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Coundil Mem- ber Farrell. Carried by the funowing vote: Yeas--Mayor King, Council Mem- bets Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Proof of publication, certified to by the Publisher, of List of Claims, R~ ceipts and Expenditures for month of June, 1981, presented and read. Council Member Felderman moved that the proof of publication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of K.A. Roerig pre- testing the increased water and sewer rates, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Farreli. Carried by the following Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. MINUTES SUBMITTED: Airport Comm. of 7-27 and 7-29; Civil Service Corem. of 7-8; Plumbing Board of 8-4; P & Z of 8-5, presented and read. Council Member Felderman moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the foilowing vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--None. Absent--Council Member Brady. REFUNDS REQUESTED: Thelma Lehman, $75 on unexpired Cigarette License, discontinued business on August lst; Michael Pusateci, $422.50 on unexpired Liquor License, discon- tinued business on July 31, 1981, pre- sented and read, Council Member Felderman moved that the refunds be approved and Finance Director to issue prope~ chacka. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Felderman, Pratt. Nays--None. Absent--Council Member Brady. 374 Special Session, August 17, 1981 NOTICES OF CLAIMS: Barbara J. Wertzberger, in unknown amount, for personal injuries and property damag- es occuring on July 18, 1981, pre- sented and read. Council Member Felderman moved that the claims be referred to the Cor- poratlon Council for investigation and report. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Communication of Corporation Counsel recommending denial of Don- na J. Hines motor vehicle damages claim, presented and read. Council Member Felderman moved that the denial be approved. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. There being no further business, Council Member Felderman moved to adjourn. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--None. Absent--Council Member Brady. Mary A. Davis City Clerk Approved __ 1981 Adopted. __ 1981 ATTEST; C~ C~k Special Session, August 24, 1981 375 CITY COUNCIL OFFICIAL Special Session, August 24, 1981. Council met at 4:30 P.M. (C.D.T.) Present: Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt, City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Mayor King read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider the transfer of a Class "B" Beer Permit for Clarke Col- lege from the Student Union Hail to the parking Lot on August 29, 1981 and acting upon such other business which may come before the Council. Petition from Clarke College re- questing to transfer their Class "B' Beer Permit from the Student Union Hall to the Parking Lot on August 29, 1981, presented and read. Council Member Felderman moved that the petition be approved. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 262-81 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 rel- evant thereto and they have filed pro- per bonds; NOW THEREFORE BE IT SOLVED, By the City Council of the City of Dubuque. Iowa, that the Man- ager be authorized to cause to be is- sued to the following named applL cants a Liquor License. CLASS "B' (HOTEL-MOTEL) BEER AND LIQUOR LICENSE H. H. of Dubuque, Inc. 3100 Dodge (Also Sunday Salesl Passed. adopted and approved this 24th day oI August. 198L D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Reeok~tion. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Brady verbally re- quested removal from the North East Iowa Crime Commission. There being no further business, Council Member Felderman moved to adjourn. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved _ 1981 Adopted 1981 Council Members ATTEST: City Clerk 376 Special Session, August 31, 1981 CITY COUNCIL OFFICIAL Special Session, August 31, 1981. Council met at 4:30 P.M. IC.D.T.), Present: Mayor King, Council Mem- bers Brady, Farreil, Felderman, City Manager W. Kenneth Gearhart, Cor* poratinn Counsel R. N. Russo. Absent: Council Member Pratt. Mayor King read the call and stated that servlce thereof had been duly made and this Meeting is called for the purpose to Affirm or Revoke the City Manager's Suspension of a Civil Ser* vice Employee and acting upon such other business which may come before the Council. Communication of City Manager re- questing Council to affirm the suspen- sion of a Transit Driver (Civil Service Employee) without pay for a period of two (2) workdays, presented and read. Council Member Farreil moved that the communication be received and filed and that the recommendation of tbe City Manager be affirmed. Second- ed by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Farreil, Felderman. Nays--None. Absent--Council Member Pratt. There being no further business, Council Member Earreil moved to ad- journ. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman. Nays--None. Absent--Council Member Pratt. Mary A. Davis City Clerk Approved ~ 1981 Adopted __ 1981 Council Members ATTEST: City Clerk Special Session, September 2, 1981 377 CITY COUNCIL OFFICIAL Special Session, September 2, 1981. Council met at 4:30 p.m. (C.D.T.) Present--Mayor King, Council Members Brady, Farrell, Felderman City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Absent--Council Member Pratt. Mayor King read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a Public IIearlng providing for the disposal of interest in real estate owned by the City to Dubuque-In-Futuro, Inc. for property known as Dubuque Industrial Center and acting upon such other business which may properly come before the Council Proclamation: September 6th as "Richard Siattery Day." Communication of P & Z approving plat of Lot 1-2 A.C. Pfobl Place, pre- sented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 263-81 Resolution Approving Plat of the Sub- division of Lot 1 of Lot 3 of A. C. Pfohl Place in the City of Dubuque. Iowa. WHEREAS, there has been pre- sented to the City Council of the City of Dubuque, Iowa, a plat of the Subdi- vision of Lot 1 of Lot 2 of A. C. P£ohl Place in the City of Dubuque, Iowa; and WHEREAS, the City Council has examined the same and finds that said plat conforms to law and same should be approved; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the herein- above described real estate be and the same is hereby approvea~ a copy of which is hereto attached. Section 2. That the Mayor and the City Cl~rk be and they are hereby au- thorized and directed to execute the same on behalf of the City of Dubuque, Iowa, as owner and approving agency. Passed, adopted and approved this 2nd day of September, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolutiom Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Farrel~, Felderman. Nays--None. Absent Council Member Pratt. Proof of publication, certified to by the Publisher, of Notice of Pub]lc Hearing on Notice of Intent to dispose of real estate owned by the City te Dubuque-In-Future, inc., as an Iowa non-profit corporation, for property known as Dubuque Industrial Center, presented and read. There were no written objections re- ceived and no oral objectors present at the time set for the Hearing. Council Member Felderman moved that the proof of publication be r~ ceived and filed. Seconded by Council Member Farreil. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farre]l, Felderman. Nays--None. Absent--Council Member Pratt. RESOLUTION NO. 264~81 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on August 24, 1981, the City Council of the City of Dubuque, Iowa met on the 2nd day of September, 1981 at 4:30 o'clock P.M. (CDT) in the City Council Chambers, City Hail, Dubu- quo, Iowa to consider the proposal to dispose of real estate owned by the CITY OF DUBUQUE, IOWA to DUBUQUE-IN-FUTURO, INC., an Iowa non-profit corporation, which real estate proposed for disposition consists of all that portion of Lot 2 of A. C. Pfohl Place and excluding that area proposed as right-of-way of the North-West Arterial Roadway, said property being a porcel of approxl- mutely 180 acres in area and is the 1o- cation of the proposed Dubuque Industrial Center and which shall hare- after be platted, described and known as: