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1980 January Council ProceedingsRegular Session, January 7. 1980 CITY COUNCIL OFFICIAL Regular Session, January 7, 1980. Council met at 7:30 P.M. (C.S.Td Present. Council Members Brady, Farrel[. Felderman, Pratt. City Manag- er W. Kenneth Gearhart. Absent. Coun. cll Member King. The meeting was called to order by the City Clerk. Council Member Farrell was elected ;o chair the meeting. Invocation was given by Helen Garvey B.V.M. The City Clerk swore in the newly elected ~ouncil Members - John L. Fel- derman and Michael W. Pra~l For four year terms commencing the second secular day of January, 1980. The new members qualified for office during the month of December. 1979. at the time they were presented their certificates of election. Petition containing approximately 125 signatures, requesting that Council Member James E. Brady, be appointed as Mayor for the year 1980 was present ed. Council Member Felderman moved that the petitions be received and filed. Seconded by Council Member Pra~ Carried by the following vote: Yeas~Council Membehs Brady, Far cell, Felderman. Pratt. Nays-None. Absent-Council Member King. Council Member Pratt moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Sec- onded by Council Member Faired. Car ried by the following vote: Yeas-Council Members Brady, Far- tell. Felderman~ Pratt Nays~None. Absent-Council Member King. Joseph Tschudi, John Klauer. Terry Stewar~. Alfred Polsean. Paul Oliver and Richard Vorwald expressed a desire that Council Member Brady be appoint- ed as Mayor. Peg Crowley was of opinion that Council Member Farrell should be appointed Mayor. Paul Milbrandl Felt that the appointment of Mayor should br left entirely up to the members of the City Council. Councii Member Brady spoke iii his own behalf in seeking the position of Mayor for 1980. Council Members Felderman Pratt both indicated the highest respecl for Council Member Braay. However the Mayor must represent the overM] prevailing opinion of the [~ouncil to the citizens of the community. Council Member Felderman moved that Council Member Farreil be appoint- ed Mayor for the City of Dubuque, Iowa, for the year 1980. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Council Members Farrell. l~'t,1 derman. Pratt. Nays-Council Member Brady. Absent-Council Member King, The City Clerk swore in Carolyn Far tell as Mayor who took her place in the Mayor's chair. Council Member Felderman moved that Council Member King be appointed as Mayor Pro-tern for the year 1980. Se. conded by Council Member Pratt. Car- ried by the following vo;e: Yeas-Council Members Brady, Far- tell, Felderman. Pratt. Nays-None. Absent-Council Member King. Mayor Farrell expressed words of "Thanks and Appreciation" to ou; going Council Members rully and Wertzber- ger and was of the opinion they had made a positive contribution to the City. COUNCIl, RECESSED AT 8:05 P.M, RECONVENED AT 8:17 P.M. RESOLUTION NO. t-80 Providing for the appointment of a City Manager, City Clerk. Deputy City Clerk, Corporation Counsel. City Soli- citor, and Assistant City Attorney, pro. vlding for their bonds and fixing their salaries. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the following officers be pointed, subject however, to the right of the Council to declare such offices va cant or remove ;ne officers therefrorc the pleasure of I I~e City Council with or without cause, and to be paid the com- pensation in the approved budgets as provided therein and the City Manager provide a bond in I lie amoum, pi $5.000. the City Clerk provide a bond in the amount of $5.000 and the City Corpora- tion Counsel provide a bond in the amount of $1.000. City Manager W. Kenneth Gear- hart: City Clerk -- Leo F. Frommelt: Deputy City Clerk Mary A. Davis; Corporation Counsel R.N. Russo: City So]icltor Barry A. Lindah] and Assistant City Attorney William Blum. Passed. adopted, and approved this 7th day of January, 1980. Carolyn Farrell Mayor John L. Felderman James E. Brady Michael W. Pratl Council Members ATTEST: Leo F. Frommeli City Clerk Council Memoer Pratt moved adop tion of thc Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman; Pratt.. Nays~None. Absent-Council Member King. Mayor Farre]l swore in W. Kenneth Gearhart as City Manager, Leo F. From- melt as City Clerk, Mary A. Davis as Deputy City Clerk and R. N. Russo as Corporation Counsel. RESOLUTION NO~ 2-80 Designating the Official Newspaper of the City of Dubuque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That "The Telegraph Herald, a daily newspaper of general circulation, be ap- pointed the official newspaper of the city of Dubuque, Iowa. PASSED, ADOPTED AND AP- PROVED THIS~ 7TIt DAY OF JANUARY, 1980. Carolyn Farrell Mayor John L. Fe]derman James E. Brady Michael W. Pratt ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor FarreR, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. RESOLUTION NO. 3-80 SE IT RESOLVED by the City Coun- (!il of Dubuque, in Dubuque County, Iowa: That we d0 hereby designate the following named banks to be depositor- les of the City of Dubuque funds in amounts not to exceed the amount named opposite each of said designated depositories and the City Treasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the aggregate the amounts named for said banks as foUows, to-wit: Name of Depository American Trust & Savings Bank Dubuque Bank & Trust Co. First National Rank Key City Bank & Trust Co. Dated at Dubuque, Iowa this 7th de (Sealt Leo F. Frommelt Clerk Regular Session, January 7, 1980 Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Feldevman. Carried by the following vote: Yeas~Mayor FarrelL Council Mem- bers Brady, Felderman, Pratt. Nays-None, Absent-C0ungi] Member King. Jamlary 3, 1980 To the ttonorable Mayor and Members of thc City Council. We hereby submit personal official bonds for the City Manager, City Trea- surer a~d City C!erk. W. Kenneth Gearhart, City Manager, Hartford Accident & Indemnity Bond Noi N 4412795; $5,00(h00. Gerald Hird, City Treasurer, The Ohio Casualty Insurance Co., Bond No. ~047219, $5,000.00. , Leo F. Frommelt, City Clerk, The Ohio Casualty Insurance Co., Bond No. 1978358, $5,000.00. May we request filing approval? W. Kenneth Gearhart City Manager Council Member Felderman moved that the communication be received and filed and filing be approved. Seconded by Council Member Brady. Carried by the following vote: Yeas*Mayor Farrell, Council Mem- bers Brady, Feldernlan, Pratt. Nays~None. Absent-Council Member King. Proclamations naming month of Janu- ary as "Alien Address Report Month" and Week of January 18 thru 25, 1980 as "Prayer for Christian Unity Week" were read and so proclaimed by Mayor FarrelL Council Member Brady moved to re- consider action taken on the H.R.W. question - petition for rezoning. Sec- ended by Mayor Farrell. Council Member Pratt felt the C~6 category zoning has more stringent set of rules; City would have more control for the area; Downtown idea not rela- tive; Advised he supports Council action taken in December, Council Member Felderman was of opinion that rezoning was in no conflict with downtown; C-6 only allows one Max. Deposit Max. Deposit in effect under under this Location prior resolution Resolution Dubuque, Iowa $20,000,000.00 $20,000,000.00 Dubuque, Iowa $15,000,000.00 $15,000,000.00 Dubuque, Iowa $15,000,000,00 $1§,000;000.00 Dubuque, Iowa $10,000,000.00 $10,000,000.00 ~' of January, 1980.' Regular Session, January 7, 1980 change and provides additional use and 300 plus jobs in the City. Donald E. Deich Sr~ of 2605 Washing- ~,on St. addressed the Council as being against the rezoning reques~ VOTE ON THE MOTION TO RE CONSIDER ACTION TAKEN ON THE H.R,W. QUESTION WAS AS FOk LOWS: Yeas~Mayor Farrell. Council Member Brady. Nays~Couneil Members Felderman. Pratt. Absent-Council Member King. MOTION FAILED TO CARRY. Copy of Communication of Attorney Quann requesting that the matter of non.payment of amount due to J. P. Cul- leu & Son on the Eagle Point Water Pro- jects be referred to the Eouncil at this meeting, presented and read. Council Member Brady moved that the commu nieation be received and filed and refer red to Council for further stuay. Second. ed by Council Member Pratt. Carried by the following ye*e: Yeas-Mayor Farrell Council Mom bors Brady, Felderman. Pratt. Nays-None. Absent-Council Member King. Communications of City Manager and Pubic Works Director recommending adoption of resolutions approving the final estimate and accepting the Water rreatment Plant & Solids Handling Fa- cilities. [~resented and read. Council Member Brady moved that the commu- nications be received and filed and refer- red to Council for further study. Second- ed by Council Member Pratt. Earried by the following vote: Yeas-Mayor FarreU. Council Mem- bers Brady, Feldermaa, Pratt Nay~None. Abs/2nt-Couneil Member King. A RESOLUTION approving final es t~mate in the amount of $5.807.087.72. to pay for cost of construction of Water Treatment Plant Expansion & Water Plant Solids Handling with Vacuum fil- ;ers. presented and read. Council Mom bet Brady moved that the resolution be received and file(I and referred to ~oun cji for further study. Secnnded by Coun~ cji Member Pratt. Carried by the follow- Yeas-Mayor Farrell. Council Mem- bers Brady, Feldcrman. Pratt. Nays~None. Absent-Council Member King. A RESOLUTION accepting ~mprove- men; of Wa;er Treatment Plant and Water Solids Handling Facilities with Vacuum Filters, presented and read. Comlcil Member Brady moved that the resolution be received and filed and re ferred to Council for further study. Sec- onded by Council Member Pratt. Car tied by the following vote: Yeas-Mayor Farrel] Council Mom bors Brady, Felderman. Pratt. Nays-None. Absent-Council Member King. Communicatkm of City Manager re commending approval of a resolution es- tablishing the position of events coordi- nator for the Five Flags Civic Center. presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrell. Council Mem bors Brady, Felderman. Pratt. Absent-Council Member King. RESOLUTION NO. 4.80 Resolution Establishing the Position of Events Coordinator for the Five Flags Civic Center. WHEREAS. certain unmet needs pet' Laining to tho eR'ective operation of the Five Flags Civic Center were identified m a memorandum from Steve Peters Civic Center Director. dated December 19. 1979: and WttEREAS. those areas needing ~m mediaLe attention involve even~ plan mug, supervision of event set-ups, and center promotion and public relations activities: and WHEREAS. the creation of the post- Lion of Events Coordinator will ~a~ con- solidate the coordination, planning and execution of all Center events into one position, lb) permit the Assistant Direc- tor to become (/perations Manager and devote full-time to maintenance and set- up activities, and ~cl permit the Center Director to pursue an aggressive mar- keting campaign ;o improve Center usage: and WItEREAS. the additional cost or such Events Coordinator position will be offset by additional revenues: and WHI~]REAS. such additional i)osition ~s recommended by the City Manager; WHEREAS. such unme[ needs and requested additional position were dis cussed with the City Council at a work session on December 19th: and WHEREAS, the City Council concurs in the need for the Events Coordinat,or position. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA thai Lhe position of Events Coordinator mr the Five Flags Civic Center is hereby es Regula'(Sessjon January 7 1980 Passed, adopted, and approved this 7th day of January, 1985. Carolyn~ Farretl Mayor John Ih, Fe]derman dames E~ Brady Miebael W. Pratt Council Members ATTEST: Leo F. Frommclt City Clerk Council Member Brady moved adop lion of the Resolution. Seconded by Council Member Pratt. Carried by thc follow fiig vote; Yeas:Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent Council Member King. RESOLUTION NO. 5.80 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Project. WHEREAS, the t:ity of Dubuque has entered into Grant Agremnent B-79 MC: 19-0004 with the U.S. Department of Housing and Urban Development, pro viding for financial assistance to the City under Title I of tbe Housing and Commu- nity Development Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, environmental review hits been processed for the project bere- inaRer to be described to be financed with Community Development Block Grant Funds; and WIIEREAS, an Ad Hoc Enviromnen Iai Review Committee has after due con- sidcration made a determination that the projecl is mit a major Federal action significantly affecting thc quality of the human environment: now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QDE, IOWA: Section f. That thc City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No SignifL cant Efl~ct on the Environment for the lk~l]owing identified project, and to make the Environmental Review Record for said project awdlable for public inspec- tion. Such notice shall be in the form of Exhibit "A' attached hereto and made a part hereof. Cooper Street Step Lighting Section 2. That the City of Dubuque hereby declares its intent to adopt a res- olution at its meeting of February 4, t98(1, authorizing thc submission of a re- quest to the [kS. Department of Ilousing and Community Development Act o1' 1974, to undertake thc project. Passed, adopled, and approved this 7th day of January, 1980 Carolyn Farrell Mayor John L. Pclderman James E. Brady Michael W. Pratt Cmmcil Members ATTEST: Leo 1~. Frammelt City Clerk EXHIBIT "A' PUBLIC NOTICE dures for the Community Development Block Grqnt Program, the City of Dubu- que has prepared a Notihe of Finding of No Significant Effect on the Environ- ment for thcPr0ject identified as follows to be undertaken under Title I of the Housing and Community Development Act of 1974. Cooper Street Step Lighting The City of Dubuque has found tbat this Project has no significant effect on the en¥ironment based on the following l. Assessment of tke~ nature, magni- tude, and duration of any adverse and positive impacts; 2. Consideration of aHernatives to the Project, commitme}lt of i'e- instituted to lessen potential ad- 4. No irreversible development trends; effects that cannot bo avoided; and 6. No impacts on properties possess lng historical, archaeological, or cultural significance. The City of Dubuque has made an viromnental Review Record for this Pro- ject; and has placed this record on file in the office of the City Clerk in City Hall, 13th & Central Streetsi Dubuque, Iowa. This environmental recordds available for examination and may be copied be- tween 8:00 AM and 5:00 PM daily except Saturd![ysl Sundays and holidays. No further environmental review of the Project is proposed to be conducted, and the City of Dubuque intends to re- quest the U.S. Department of Housing funds authorized by the tI0using and Community Development Act of 1974 for the ProjecL Comments may be submitted to the City of Dubuque until 12:00 Noon, Fri~ day, January 25; 1980 addressed to Mayor of thc City of Dubuque, City Hall, Regular Session, January 7, 180 13th and Central Streets Dubuque, Iowa 52001. Dated and Published January 8, 1980. Leo F. Frommelt. City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the ~ollowing vote: Yeas-Mayor Farrelb Council Mem- bers Brady, Felderman. Pratt, Nays-None. Absent-Council Member King. Communication of City Manager sub- mitting a resolution providing for the City's acceptance of a Warranty Deed for property acquired on J.F.K. Road item Weaver Enterprises Ltd.. present- ed and read. Council Member Felder- man moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following Yeas-Mayor Parrell. Council Mem- bers Brady. Felderman, Pratt. Nays-None, Absent-Council Member King. RESOLUTION NO. 6.80 WHEREAS. the City of Dubuque, Iowa has acquired the real estate herein- after described from Weaver Enterpris- es. Ltd. WHEREAS. said persons have deliv- ered a Warran;y Deed conveying real estate to the City of Dubuque. Iowa. de- scribed as: Lot 2 of the North 137 feet of the East 300 feet of the West 430 feel of Lot 2 of Lot 2 of the southeast quarter of the southeas~ quarter of Section 21. T89N. R2 East of the 5th P.M. in the City of Dubuque, as shown on the a~tached plat Exhibit "A" and WHEREAS said delivery nf deed dated November 20, 1979 by said per soa~ to the City of Dubuque, Iowa should be accepted; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. l~hat the delivery of War ranty Deed by: Weaver Enterprmcs, Inc. dated November 20, 1979 cnnveymg to the City of Dubuque, Iowa the herein- above described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be record ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution, Section 3. That the City Clerk be and lie is hereby directed to f~rward a certi- fied copy of this Resolution to the Dubu que City Assessor and thc Dubuque County Auditor. 5 PASSED. ADOPTED AND At) PROVED THIS 7TH DAY OF JANU ARY. I980. Carolyn Farrell Mayor John L. Felderman James E. Brady Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrel] Council Mem~ bors Brady, Felderman. Pratt. Nays-None. Absent Council Member King, Communication of Iowa Department of Agriculture submitting "Memoran- dum of Dnderstanding" for inspecting all food service, vending and hotelopera- lions and requesting renewal for the year 1980, presented and read. Council Member Felderman moved that the eomnmnication be received and filed and "Memorandum of Understanding" ap- proved. Seconded by Council Member Brady. Carried by the following vote: Yeas Mayor Farre]l. Council Mom bors Brady, Felderman Pratt. Nays-None. Absent-Council Member King. Communication of City Manager sub- mitting a report on the Fourth Street Peninsula covering verbal reports sub mitted to the Council by Ed. Ryan and recommending that the report be receiv ed and filed for the record, presented and read Council Member Felderman moved that the communication be re- ceived and filed and referred to the City Manager and he be directed to furnish further report along with other reports received for the area. Seconded by Court cil Member Pratt. Carried by the follow lng vote: Yeas-Mayor Farrell. Council Mom bors Brady, Feldcrman. Pratt. Nays-None Absent-Council Member King. Petition af Brian Hyde et al 14 sign. ersl requesting a street light on the dead end of North Burden Street, presente~l and read. Council Member Felderman moved that the petition be referred to the City Manager and Electrical Inspec- tor. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrelh Council Mem bors Brady, Pelderman. Pratt. Nays None. Absent Council Member King. Petition of Wayne A. Norman Jr., for designation as historically and or archi 6__ Regular Session, January 7, 1980 tecturally s'gniBcant structure at 409 be approved and referred to the City Bluff St., Lot 2 of Sub. of I,ot 1 of J. M. Walker Bhfff Street Place, presented and lead C ' · ouncd Mt m )er Pralt moved that the petition be rolm'red to the ne×l Council Meeting and directed to Histori- cal Preservation Commission for report. Seconded by Council Member Folder- man. Carried by the following vote: Yeas ',-Mayor Farre]], Council Mem- bers Brady, Felderman, Pratt. Nays~None, Absent-Council Member King. Communication of S~ate Historic Preservation Officer Anderson, being n support of the application relative to ~09 Bluff St. >roperty to be designated a landmark contributing to the historical signiBeance of the lower Bluf~ Street dis- Lrict, prl~sented and read. CounCil Mom ben Prat; moved that the communication be referred t0 the n ~xt Counc Meeting a~d Historical Preservation Commi~ s~on for report. Seconded by Council Member Felderman. Carried by the fol- lowing VOte: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. AbsenL-Councll Member King. Gommunlca ;ion of Gary T. Conloa, re- questing an inLerest in the ptlrchase of Lot ld m Jaegers Sub. adjacent to Giese Company, orated at 1209 Peosta Streel presented and read. Council Member Felderman moved Hint the COmmunion- ?on be referred t( the City Manager for tbllowiug w~te: bers Brady, Felderman, Pratt. Nays-None. Absen;-C0uncil Member King. Communicat on of Ross & Mary Mcr: Icy (by Attorney VanELten) re( nest ng vacation 0f a portion of alley lyin west adjacent to Lot 7 of the Sub.~fLots 164 and 166a in L If Langwor,hy s dlti°~ lucated at 693 Kaufman Ave., senLed and read. Council Member moved tbat Lhe comm,nicati0n be Pefer- rtd th~ City Ma tlgation and report, Seconded by Coun- yiIMember Brady. Carried by the follow Yeas-Mayor FnrreH, Council bors Brady, Feldermaa, Pratt. Nays Nune. Absent C nnefl Member King, Co~nm,uieaHoas of The National oundat~on March of Dimes re luestin permission to conduct a Parents Marc~' from January 15th thru 30th, 1980; also to conduct a Walkathon on April 20, 1980, presented and read. Council Member Brady moved tMt the reques~ Manager for bnp ementation. SeConded b,y Council Member Pr;tH; Carr ed l~ Yeas May~r Farrell, COL nc Mom Absent-Council Member King. ambulance Study. Seconded by Council b ~Ye~s-M. ay~r Farrell, Council Mom- Absent-Council Member King~ Gomn u ca.ion of City Manager re- used in furnishing lights On Marquette Eldon Biver, John Zureber, Joe Bleile and Barb Callahan, residents of Mar- ~ed to report back at the next Counei beYe~s-~ayor Farrell Council Mem- Communicahm~ of City Manager re- Council Me~e~ Fe]derman moved Regular Session, January. 7, Yeas-Mayor Farrell. Council Mem. bens Brady, Felderman, Prat;. Nays-None. Absent-Council Member King. Communication ~f City Manager re- commending denial of petition of liam J. Hat;mann requesting vacation of ::nltYe: aPn~rtrle°.a~.Of Maple Street, pre- Council Member Pratt moved that the communication bereceived and filed and recommendation of denial by approved. Seconded by Council Member Folder- man. Carried by the following vote: Yeas-Mayor FarreIL Council Mem- bers Brady, Felderman, Prat;. Nays-None Absen;-Council Member King· RESOLUTION r~o. 7-80 BE IT RESOLVED. By the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of C arettes within the City of Dubuque, Iowa, be granted a permit to soft Cigar- ettes and Cigarette Papers within said City. John Richman and Bob Spiegel - 1080 University Ave. 7 t ~; :7od} fiadn°uPa~reyd,' 1;;d0. a P P r o v e" this Carolyn FarrelJ Mayor John L. Felderman James E. Brady Michael W. Pratl Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Prarl moved adop tier of the Resolut on. Seconded by Council Member Brady· Carried by the following vote: Yeas-Mayor Farrell. Council Mem. bens Brady, Felderman, Prat~. Nays-None. Absent-Council Member King. RESOLUTION NO. 8.80 WHEREAS. Applications for Beer Permits have been submitted and filed to this Council for approval ant the same have been examined and approveo: and WHEREAS, The premises ;o be occu- pied by such applicants were respected and found to comply with the Ordinances of this City and have filed proper bonds: NOW THEREFORE BE IT RESOLV- ED. By the City Council of the City of Dubuque, Iowa, that the Manager be au- thorized to cause to be issued to ~he fol lowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Local 94, UA W [Also Sunday Sales, -- 3450 Central Ave. 1980 7 Passed, adopted, and approved this 7th day of January, 1980. Carolyn Farreb Mayor John L. Feldermar James E. Brady Michael W. Pratt ATTEST: Cotmcil Members Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farre]l, Council Mom bens Brady, Felderman, Pratt. Nays-None Absent-Council Member King'. RESOLUTION NO. 9-80 WHEREAS. Applications for Liquor Licenses have been submitted ;o this Council for approval and he same ha~e been exam ned and approved; and WHEREAS, The premises to be econ. pied by such applicants were inspected and found to comply with the State Law and all City Ordlnanees relevant t~ereto and they have filed proper bonds: NOW THEREFORE BE IT RESOLV- ED, By the City Council of the City of Dubuque, Iowa. that the Manager be au thorized to cause to be issued to the fol- lowing named applicants a Liquor Li- cense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Pusateri Bros. Inc. - 2400 ~entra] Ave.; David AUngs IAlso Sunday Sales - 2987 Jackson St.; Pan Schol meyer (Sunday Sales Only) - 176 Locust St.; Robert p. Spiegelhalter _ 2364 Wash- ington St. and GOMER'S INC. - 1105 University. Passed, adopted, and approved this 7th day of January, 1980. Carolyn Farrell Mayor John L. Felderman James E. Brady Michael W. Prau ATTEST: Council Members Leo l,. Fromme t City Clerk Council Member Pratt moved adop tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Mom bors Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. The granting of a Class -C' [Commer- cial) Beer and L~quor License to Golden Property Corporation at 2620 Univers- ity Ave., presented and read Regu|ar Session, January 7. 1980 Robert Bott and Roger llertinff, resi- dents of the area. spoke to the Council requesting that the License not be ap- proved at this time due to disturbances and problems within the area. Council Member Felderman moved that action be delayed at this time and City Manager directed to arrange a meeting with citizens and owner to try and resolve heir differences before the next meeting. Seconded by Council Memi~er Pratt. Carried bv the following Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman. Pratt, Nays-None. Absent-Council Member King. Communication of Great River Envi ronmenta~ Action Team looking into the problems associated with the manage- merit of the Upper Mississippi River and setting up public meetings in each of 12 pools involved in the Great II Study, formation to be submitted to Congress by Septem~)er. 1980, presented and read. Council Member FeJderman moved that the communlcatb)n be referred to the Public Works Director. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrcl] Council Mem- bers Bra¢~y, Pelderman. Pratt. Nays-None. Absent Council Member Ring. Communication of Peoples Natural Gas advisir~g of an increase in wholesale rates effective December 27, 197~. in town residential and cnmmercial firm customers will be increased by 2.27¢, rural 2.337¢ per one bundred cubic feet. presented and read. Council Member Felderman moved that the commumca- ~on be received and flied. Seconded by Council Member Pratt. Carried by tile following vote: Yeas-Mayor FarrelL Council Mem bets Brady, Felderman. Pratt. Nays-None. Absent Council Member King. Joint Public Notice of U S. Army Corps of Engineers general permit for fill material below ordinary bigh wrier fro' bridge construction in the State of Iowa, presented and read. Council Mem- ber Felderman moved that the notice be posted and referred to the Public Works Director. Seconded by Council Member Pratt. Carried by the fo]iowine vote: Yeas-Mayor Farre~. (~ouneil Mem- bers Brady, Fclderma~,. Pr:~tt. Nays Nom~. Absent-Council Member King. Communication of City Manager ad vising of affirmative acfion taken in com- pliance with the installation of s~ree~ lighl requests for Arbor Oaks Birch Acres Sub.. Clarke Crest Estates Sub. and Embassy West Sub., presented and Regular Session, January 7, 1980 gested in the Ambulance Service, also that the matter should be brought to a ~ote of the people; Mrs. R. Kirmse re- questing that the ambulance service stay as it is; West 11th St. Neighborhood requesting a public hearing on the ambu- lance situation; Herbert Welter et ux ob- jecting to giving ambulance service to Mercy and requesting a right to vote on the subject; Mr. Harold Griebel et ux re- questing that the ambulance system re- main as it is; Mrs, Thelma Atkinson ~questing that the ambulance servic~ stay with the firefighters; James Fisch requesting the retention of Ambulance service as is; Donald E. Deich, Sr. strong- ly opposing the proposed change in am- bulance service, also requesfing an op- portunity to speak on the subject; Dubu- que County Medical Society advising that they are still trying to stay abreast of the ambulance service situation and that if an Ambulance Commission is to be set up that the physician representa- tive should be from the Dubuque County Medical Society; Dubuque County Medi- cal Society indicating it would be well to establish a commission to oversee the operation of the ambulance from the hos- pitals and governmental agencies; Mrs. Verne Schillig being of the opinion that the ambulance service should remain where it is; Tri-State Hospital Planning Conference submitting a motion passed on December 12th relative to Ambu- lance Service, presented and read. Donald E, Deich Sr. spoke to commu- nication requesting ambulance service stay as is. Council Member Pratt moved that the communications be received and filed and referred to the City Manager and Ambulance Study Task Force. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Council Member Brady moved that the Ambulance Study Task Force direct that the Council retain the present am- bulance service. MOTION DIED FOR LACK OF A SECOND. Communication of Corporation Coun- sel advising of dismissal of Law Suit of the Dubuque Community School against the City in the case of Antoinette Kime, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman, Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Communication of Corporation Coun- scl recommending denial of car damage claim of Greg H. Nauman, no negligence on the part of the City, presented and read. Council Member Pratt moved that the communication be received and filed and recommendation of denial approved. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Far~'ell, Council Mem- bers Brady, Felderman) Pratt. Nays-None. Absent-Council Member King. Notice of Claim of Thomas Joseph Saunders, in the amount of $379.98, for motorcycle damages incurred as the re- sult of fresh tar being picked up from the street on 10~16-79 near Clarke College parking lot; Notice of Expiration of right of redemption from tax sale on Lots ~7 and ~8 in Bellevue Addition, presented and read. Council Member Pratt moved that the Notice of Claim and Notice of Expiration be referred to Corporation Counsel. Seconded by Council Member Felderman. Carried by the following Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Communication of City Manager sub mitting monthly reports of Treasurer, Finance Director, also list of Claims for November, 1979, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent-Council Membqr King. Proof of Publication, certified to by t he Publlsher, of List of CIaims, Receipts and Disbursements for month of Novem- ber, 1979, presented and read. Council Member Pratt moved that the proof of publication be received and filed, Sec onded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Petitions of Thomas E. Andresen re questing refund of $50. on unexpired Cigarette License No. 1725, discontinu- ed business on 12-15-79;Robert R. Robin son, requesting refund of $50. on unex- pired portion of Cigarette License No. 1878, discontinued business on 12-1-79; Alfred Brandt requesting a refund of 150. on unexpired portion of Cigarette License No. 1653, discontinued business on 12-31-79, presented and read. Council 10 Regular Session, January 7,1980 Member Pratt moved that the refunds be approved and City Auditor directed to issue proper warrants. Seconded by Council Member Felderman Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. Pratt. Nays-None. Absent-Council Member King. Proof of Publication. certified to by the Publisher. dated 12-7 & 12-14-79. of notice to vendors of the recmpt of pro- posals for word processing equipment, presented and read. Council Member Pratt moved that the proof of publica- tion be received and filed. Seconded by Council Member Felderman. Carried by the following Yeas-Mayor Farrell. Council Mem. bers Brady, Felderman. Pratt. Nays-None. Absent-Council Member King. Proof of Publication. certified ;o by the Publisher. dated 12-18-79. public tiee of application for release of funds for Sheridan Village Housing Project for Block Grant Funds from HUD, present- ed and read. Council Member Pratt moved that the proof of publication be recmved and filed. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell. Gonneil Mem- bers Brady, Felderman. Pratt. Nays-None, Absent-Council Member King. Council Member Brady moved that the next Council Meeting regularly sche- duled for January 21. 1980 be adjourned to 7:30P.M. on January 22, 1980. Second- ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. Pratt. Nays-None. Absent-Council Member King. There being no further business. Council Member Felderman moved adjourn. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell Council Mem- bers Brady, P'clderman Pratt. Nays None. Absent-Council Member King. Leo F. Frommell City Clerk Approved ..................... 1980 Adopted ...................... 1980 Council Members ATTEST: City Clerk Special Session A meeting was held at 4:t5 P.M. to re- giew the agenda proposed for the Coun- cil meeting scheduled for January 22, 1960. COUNCIL OFFICIAL Special Session, January 16, 1980. Coutlcil met at 4:30 P.M. (C.S.T.) Present-Mayor Farrell, Council Members Brady, Felderman, King Pratt. City Manager W. Kenneth Gearhart. Mayor Farrell read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose to CONSIDER ADOPTION OF A RESOLUTION GRANTING A LIQUOR LICENSE TO GOLDEN PROPERTY CORPORATION AND TO CONSIDER APPLICATION PROCESS FOR THE CITY CLERK POSITION. RESOLUTION NO. 10.80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RESOLV ED, By the City Council of the City of Dubuque, Iowa, that the Manager be au- thorized to cause to be issued to the fol- lowing named applicants a Liquor Li- CLASS "C, (COMMERCIAL) BEER AND LIQUOR LICENSE Golden Property Corporation - 2620 University Ave. Passed, adopted, and approved this 16th day of January, 1980. Carolyn FarrelI Mayor D. Michael King John L. Felderman James E. Brady Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays:None. The City Manager presented a proce- dure package to be used in the applica- tions for the City Clerk position, consist- ing of a General Statement of duties; Re: January 16.__..~__~, 1980 11 quest for closed session; application form; newspaper and periodical adver tisement form. Council Member Brady moved to receive and file the City Man- ager's package as presented and in structed the City Manager to begin ad- vertising for the position of City Clerk. Seconded by Council Member Pratt. Council Member King called for an amendment relative to the closed ses- sion. Motion died for lack of a second. Council Member Felderman called for an amendment to the original motion to delete the closed session and applicants be evaluated in open session. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. The original motion was presented, as amended and passed by the following Yeas-Mayor Farrell, Council Mem- bers Brady, Pratt. Nays-Council Members Felderman, King. There being no further business, Council Mere bet King moved to adjourn. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Leo F. Frommelt City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk 12 Special Session. January 21, 1980 CITY COUNCIL OFFICIAL Special Session, January 21, 1980. No members of the City Council be. lng present the meeting was adjourn- ed subject to call. Leo I~'. Frommelt City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Adjourned Special Session, January 22. 1980 COUNCIL OFFICIAL Adlourned Special Session, Janu- ary 22, 1980. Council reef at 7:30 P.M. (C.S,T.) Present-Mayor FarreU, Council Members Brady, Felderman. King, Pratt. City Manager W. Kenneth Gear. hart. Mayor Farrell read the call and sta~e~ that service thereof had been duly made and this Meeting is AN ADJOURNED SPECIAL SESSION OF JANUARY 21. 1980. called for the purpose of AMEND~ lNG THE ZONING ORDINANCE TO PROVIDE FOR PARKING OF AUTO- MOBILES AS A CONDITIONAL USE IN AN OFFICE RESIDENTIAL DIS- TRICT and acting upon such other busi- ness as may propemy come before a Reg- ular Meeting of the Council. Proclama,t~ons proclaiming week of January 20 to 26, 1980. as "Juntor Achievement Week" and Week of Feb- ruary 3 to 9, 1980 as "Children's Dental Health Week." were read and so pro- claimed by Mayor Farrell. Proof of Publication. certified so by the Publishers, of Notice of Publk Hear- ing to amend the Zoning Ordinance by repealing Section 4-104.4 4) and enacting a new Section 4-104.4 4) in lleu thereof to provide for parking of operable automo- biles as a conditional use in an Office Res~ idenUal District. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Prat~ moved that the proof of publication be received and filed. Seconded by Council Member Felderman. Carried by the following Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. ORDJ NANCE NO. 1-80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA. PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY REPEALING SECTION 4-104.4 4) OF ARTICLE IV AND ENACTING A NEW SECTION 4-104.4 4) OF ARTICLE IV IN LIEU THEREOF, TO PROVIDE FOR PARKING OF OPERABLE AUTOMO. BILES AS A CON DITIONAL USE IN AN OFFICE.R ESIDENTIAL DISTRICT, said Ordinance having been previously presented and read at the Council Mee;- 13 mg of December 17. 1979 presented for final adoption ORDINANCE NO., 1-80 AN ORDINANCE OF THE CITY OF DU. BUQUE. IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY DF DUBUQUE, IOWA." BY REPEALING SECTION 4.104.4 4) OF ARTICLE IV AND ENACTING A NEW SECTION 4-104.4 4) OF ARTICLE IV IN LiEU THEREOF, TO PROVIDE FOR PARKING OF OPERABLE AUTOMO. BILES AS A CONDITIONAL USE IN AN OFFICE-RESIDENTIAL DISTRICT. NOW THEREFORE BE IT ORDAi N- ED BY THE CITY COUNCIL OF TH E CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinanc. es of the City of Dubuque, Iowa. be amended by re vis*nd Appendix A there- of also known gs the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowe~ "by repealing Section 4-10~.., ,, of Article IV thereof, and enacting a new Section 4-104.4 4l in lieu thereof, as Jhl- lows: "Section 4.104 R-I Residential Dis- trict Regulations 4.104.4 Conditional Uses ~/ Off-street parking of operable aw tomobiles to servt ~ permitted or conditional use in a nearby office-res- idential, commercml or institutwnal district only, and provided that.. a~ Itislocatedadjoiningors~fa,¥tt- ed only bva street or alley.from the office-residentiaL commer- cial or institutional use ~t serves: I,~ no structure other than a screen- ~ng or security fence or wall shall be erected on the premises; c/ stgnage shall be limited to tw,, ~2t freestanding s~.qns of no more than twelve 12~ square eeel iv size. identifyinq the parking, pro- riding directions or marking en- trances and ex,ts thereto: Ill permanent scre~ reno shall b, constructed of natural vegetatton or decorative fencing of sufficient s*ze and character to reasonably obscure the view of the automo- biles so parked from adjacent res- idences, while keeping *n hat. mony with the particular resider. tialsetting; el asiteplanshallbesubmittedand approved as provided in Section 5-103 of this Ordinance.' Section 2. That the foregoing amend- merit has heretofore been approved by the Planning and Zoning Commission o] the City of Dubuque. Iowc~ 14 Adjourned Special Session, Jgnuar 22.1980 FASSED. APPROVEI) AND ADOt~TE1) this 22nd day el' January, Carolyn Farrel] Mayor Michael W. Prat! D. Michael King ~$hn L. Felderman James E. Brady Couneil Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 25th day of Jan- uary 1980. Leo F. Frommell City Clerk It 1/25 Council Member Pratt moved final adoption of the Ordinance, Seconded by Council Member Feldermam Carried oy the following yore: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Communication of Dubuque Transfi Trustee Board submitting minibus oper- ation break-down, replacing cost submit- ted previously on December 11 1979; also submit{lng a verbal request to speak to the subject, presented and read. Council Member King moved to sus- pend the rules to Iet anyone present ad- dress the Council if they so desire, Sec- onded by Council Member Brady. Car- ried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Tom Berryman. Chairman of the Transit Authority, spoke to the commu- nication and submitted verbal remarks on the report; Advised the Council thai the Minibus will go into operation by February. Council Member King moved that the communication be received and Bled and report approved. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrel Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Pat Dillon request- ing to be placed on the agenda to repre- sent UAW Local 94 on the Ambulance Issue, presented and read. Mr. Pat I)iHon, President of UAW Lo- cai 94, addressed the Council and pre- sented petitions totaling approx. 800 slg~ natures: Advised his unlor and the United Labor Participation Committee have joined together with the recom- mendation that the ambulance be owned and operated by the City of Dubuque. lie sion. Informed the Council they are pre- pared to go to Iowa State Review Com- mittee, if necessary, if Task Force's re- Was of opinion that people can not afford Council Member Felderman moved that the communication of Pat Dillon and petitions presented be received and filed and added to the overall packages to be referred to the Ambulance Study Task Force, Seconded by Council M~mber Pratt. Carried by ~he following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication Gl Edna M. Thompson requesting to address the ~ouncll rela- and read. Mrs. Edna Thompson addressed the Council and presented 186dotters rela- tire to recommendations of the Ambu- lance Study Task Force and requested Council consider people who live in Jo D~viess County and East Dubuque, Illi- Couneil Member Felderman moved that the communication of Edna M. Thompson and letters presented be re- ceived and filed and added to the overall packages to be referred to the Ambu- lance Study Task Force. Seconded ny Council Member King. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Community Devel- resolution to authorize the City Manag- thru which the resident/a] Rehab. Pro- gram will receive direct authority from filed. Seconded by Council Member King. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. RESOLUTION NO. 11-80 A Resolution Authorizing Execution of an "Agreement for Public Body Ap. proval of Section 312 Rehabilitation Loans." and Designating an Official Authorized to Approve Sttch Loans on Behalf of the Public Body. WHEREAS, under Section 312 of the Housing Act of 1964. as amended (herein referred ~o as Section 312). the Secre- tary of Housing and Urban Developmen~ is authorized, under the ::onditions and Adjourned Special Session, January.~22, 1980 extent provided therein, to make · loans (Section 312 loans) to owners and ~enants of property in certain areas for the rehabiIitation of their property and to delegate to or use as agent any local public agency or organization to the ex- tent he determines appropriate and de sirable to carry out the objectives of Sec- tion 312 in the areas involved; and WHEREAS, Title VI of the CiVil Rights Act of 1964 prohibits discrimina- tion on the basis of race, color or national origin or sex under any program or acti~ vi~y receiving Federal financial assis- tance and Executive Order 11063 pro~ hibits discrimination on basis of race, col- or, creed or national origin or sex in sale lease or other disposition of residential property (including land intended for residential use) or in the use of occupan- cy thereof; and WHEREAS, the City of Dubuque has responsibility and jurisdiction to carry out the Community Development Block Grant Housing Rehabilitation Program in the areas delineated in the current Housing Rehabilitation Program Guide- lines (Council Resolution No. 342-78), in which Section 312 loan are authorized to be made; and WHEREAS, it is desirable and will significantly benefit the rehabilitation objectives of this Program and all such projects and programs administered by the City of Dubuque for the City of Du- buque to have direct approval authority with respect to Section 312 rehabilita- tion loans. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. The City Manager is here- by authorized and directed to execute on behalf of the City of Dubuque an "Agree~ merit for Public Body Approval of Sec- tion 312 Rehabilitation Loans" Exhibit "A' attached, and to act as the authoriz- ed representative of the City of Dubu- que in connection therewith. Section 2. That it is cognizant that under an "Agreement for Public Body Approval of Section 312 Rehabilitation Loans" Section 312 loans may be ap- proved only in accordance with out- standing policy of the Department of Housing and Urban Development, as it exists from time to time, and subject to availability of funds therefore. Section 3. That the Director of Com- munity Development and the Commu- nity Development Specialist hereby are authorized to approve, on behalf of the City of Dubuque, Section 312 loans under the provisions of said Agreement, and such officials are hereby directed to approve such loans only in accordance with the policy of the Department of 15 Housing and Urban Development, and subject to availability of funds as deter mined by that Department. Bectioo 4. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance b~ the City of Dubuque, with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and appli- cable Executive Orders. Passed, approved and adopted this 22nd day of January, 1980. Carolyn Farrel] Mayor D. Miehaet King John L. Felderman James E. Brady Michael W. Pratt Council Members ATTEST: Leo F: Frommelt City Clerk "EXHIBIT A" Agreement for Public Body Approval of Section 312 Rehabilitation Loans THIS AGREEMENT, made and en- tered into on the date hereinbelow speci fled, by and between the City of Dubu- que (the Public Body), and the Untried States of America (the Government), acting by and through the Secretary of Housing and Urban Development (the Secretary). WITNESSETH: In consideration of the mutual covenants, promises, and representations contained herein, the parties do agree as follows: Section 1. Purpose of Agreement The Public Body has responsibility and jurisdiction to carry out one or more Urban Renewal Projects, Neighborhood Development Program§, Concentrated Code Enforcement Programs, or Certi- fied Area Programs or NSA's in areas delineated in the applicable Urban Re newal Plan, Grant Contract for Code En- forcement program, or Grant Contract for Certified Area Program. The pro~ cessing by the Public Body, and submis~ sion to ~he Department of Housing and Urban Development for approval, of re- habilitation loans under Section 312 of the Housing Act of 1964, as amended (Section 312 loans) is presently author- ized with respect to one or more of the areas covered by such project(s) or pro gram(sL The purpose of this Agreement is to extend to the Public Body authority to approve, in accordance with the regu- lations; policies, and requirements (here- inafter called regulations) of the Secre- tary, certain applications for Section 312 loans, subject to verification by the Sec- retary of fund availability for an proved loan. 16 Adjourned Special Session, January 22, 1980 Section 2, Applicability of Approvai Authority During the term of ibis Agreement the Public Body shall have final author ity 1~o approve applications for Sectior 312 loans with respect to residential and mixed-use property, which will contain one to four dwelling units after rehabili- tation, and which is located in an area with respcc~ to which the Public Body has authority to process such loans, as described in Section i hereof. The Public Body shall exercise such loan approval authority with respect of property in all such areas which come under its juris- diction during the term of this Agree- ment, However. no loan approval under ~uthority o£ this Agreement shall be valid until tile Secretary has determined that funds are available therefore and has notified the Public Body therefore, Section 3. Nofificafion of Fund Avail* ability Upon receipt of the documentation re- quired by the Secretary's regulations to be submitted with respect to Section 312 loans approved by a PubIic Body, the Secretary shall promptly notify the Public Body in writing whether suffi- cient funds are available for the ap- proved loan. Section 4, Compliance with Govern- ment Regulations The loan approval authority granted by this Agreement shall be exercised in accordance with the procedures and re- quwements established by the appli-! cable regulations of the Secretary in el-, feet from time to time. In particular, the Public Body shall not notify an applicani of loan approval until receipt of notice of availability of funds for the loan from the Secretary. Section 5. Effect of Failure to Comply a. Grounds for Termination. Failure, of the Public Body to comply with; the procedures and requirements of thc Secretary with respect co loan approval, or with respec; ~o other aspects of the Section 812' loan program, are grounds for ger- mination of this Agreement at the option of tile Secretary. However. such failure shall not create or jus- tify any claim against the Govern- ment on the part of any third per- son. and shall no; constitute grounds for any third person ~o congest the validity of any Section 312 loan approved by the Public Body under authority of this Agree- men; and during its terms. b. Defend and Hold Harmless. The Public Body will warrant, defend. and hold harmless the Government wit h respect to all claims and losses caused by its failure to comply with the regulgtions of the Secretary and the requirements of applicable State and local ]aw in its approval of Section 812 loans under author- ity of this Agrcemen;. and in the subsequent settlement and admin- istration of loans so approved. In the event the Secretary's regula- tions and the requirements of State and local law are inconsis- tent. the Public Body shall request advice from the Secretary prior to approval of the Section 312 loan. Section 6. Restriction on Officials Au- thorized to Approve Loans The Public Body shall not initially, or at any time during the ;rrm of this Agreemen;. confer its authority ~o ap- prove Section 312 loans under this Agreement upon any officer or em- ployee who exercises any duties or re- sponsibilities in, the administration of the Public Body s Section 312 Loan Pro- gram. including, without limitation: a, Preparation of rehabilitation work writeups or cost estimates, or of construction contract documents: b. Obtaining information with re- spect to. completing with the bor- rower, or processing a Section 312 loan application or any of the relat- ed documents constituting the loan application file: c. Selection of or negotiation with conifer;ors ~o perform the rehabil- itation work: d. Authorization of disbursements from the rehabilitation escrow ac- count, or signing or countersigning of checks drawn on the rehabilita- tion escrow accoun;; e. Inspection of the rehabilitation work ~o ascertain whether the work is completed or for the pur- pose of authorizing any partial pay- men; requested by a contrac;or: or fi Authorization of signing or signing of Form HUD 6245. Certificate of Final Inspection. Section 7. Submission of Documenta* lion Promptly upon approval of a Section 312 loan by an appropriate official of the Public Body. the Public Body shall as- semble and transmit to the Secre;ary the documentation required ~o be sub- mitted with respect to a Section 312 loan approved by a Public Body, in accor- dance with such requirements and regu- lations of the Secretary as shall be in feet from time to time.~The Public Body shall also promptly submit copies as re* quired of any resolution affecting the identity of Public Body officials author- ized to approved Section 312 loans nnder the Agreement any notices of the Public Body's determination to cancel this Adjourned Special Session, January 22, 1980 Agreement, and any other required doc umentation or reports; in accordance with such requirements and regulations. Section 8. Supervision, Adminlstra. lion, and Inspection The Public Body shall, at all proper times, provide or cause to be provided competent and adequate architectural engineering, financial and other techni- cal supervision and in s~ocction of rehabil- itation work financed by Section 312 loans approved under this Agreement. The Public Body shall keep full and ac~ curate books and records with respect to Section 312 loans approved under this Agreement, and with respect to its ad- ministration of the Section 312 loan pro- gram, and shall maintain them in accor dance with such requirements and regu- lations of the Secretary as shall bein ef- fect from time to time. The Public Body shall at any time during normal busi- ness hours, and as often as the Secretary or the Government may deem neces- sary, permit the Secretary or any other representative of the Government, to in- spect, make excerpts or transcripts of, copy, and audit such books and records. The Public Body will cooperate in any in- spection of rehabilitation work financed by Section 312 Ioa,n,s approved under this Agreement, as deemed necessary by the Secretar2 or the Government; Section 9. Compliance with Civil Rights Act of 1984 The Public Body will perform its acti- vities under this Agreement in accor- dance with all requirements imposed by, or pursuant to regulations of the Secre- tary effectuating, Title VI of the Civil Rights Act of 1964. Section 10. Cancellation of Approved Loans The Secretary reserves the right to cancel Section 312 loans approved by the Public Body, in accordance with the re- quirements and regulations of the Secre- tary in effect from time to time. Upon re- ceipt of such notice of cancellation, the Public Body s hall promptly submit to the Secretary any documentation requested by him, and shall promptly refund the amount of the loan to the Secretary, on account of the Section 312 Loan Revolv- ing Fund. Section 11. Rights Under Other Con. tracts The rights of the parties under this Agreement shall be in addition to, and not in derogation of, the rights of the par- ties under any contract for Federal as- sistance with respect to any of the Pro- jects or Programs described in Section 1 hereof under thc jurisdiction of the Pub- lic Body. Section 12. Term of Agreement This Agreement shah be effective 17 froTM ~he date hereinbelow specified un- til terminated in accordance with Sec lion 13 hereof. Section 13. Termination of Agreement a. Automatic Termination, This Agreement shall automatically ter- minate on the official date of close- out of the last project or program (as described in Section 1. hereof) under the jurisdiction of the Public Body, in the area of which Section 312 loans are authorized. b. Termination by Parties. This Agreement shall terminate 30 days after written notice of intent to terminate is sent by one party to the other, except that, when the Public Body gives notice to its in- tent to terminate the Agreement the Secretary may require the Public Body to continue under the Agreement for a specified addi- tional period of tbne, not to exceed 60 days, in order that arrange- ments may be made to accommo- date the workload resulting from the Public Body's termination. No tire of termination under this sub- section may be given by either party for cause or convenience. c. Suspension or Termination for Cause. The Secretary may, for cause, by written notice to the Pub- lice Body, require that the Public Body discontinue immediately the approval of loans under th is Agree- ment pending completion of speci- fied corrective action by the Public Body, or termination of this Agree- ment. Section 14. Effective Date This Agreement shall be effective the day of 19 Section 15. Counterparts of Agree- ment This Agreement may be executed in 4 counterparts, each of which shall be deemed to be an original, and such coun terparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the Public Body has caused this Agreement to be duly executed in its behalf and its seal to be hereunto affixed and attested; and, thereafter, the Government has caused the same to be duly executed in its behalf this day of ,19 . City of Dubuque By: W. Kenneth Gearhart City Manager ATTEST: : Leo F. Frommelt City Clerk United States of America Secretary of Housing and Urban Development By: 18 Adjourned Special Session, January 22, 1980 Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Petition of Wayne Norman Jr. (Moze- na McNamer) requesting that thc build- ing at 409 Bluff St. described as Lot 2 of the Sub. of Lot 1 of J. M. Walker Bluff Street Place be designated as historical. ly and/or architecturally significant, pre- sented and read. Council Member King moved that tbe petition be received and filed. Seconded by Councl] Member Fel- derman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Communications of Iowa State PIistor · ical Department, Dubuque County His~ torical Society and Historical Preserva- tion Commission indicating support of an application to have property at 409 Bluff St. declared a historical designa~ lion, presented and read. Council Mem- ber King moved that the communiea~ tions be received and filed, bistorieal designation be approved and public hearing be held on February 4, 1980 at 7:30 f'.M. in the Council Chambers and City Clerk directed to publish notice. Seconded by Council Member Felder~ man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Communication of DubuqueFest re questing permission to address the Council for the purpose of presenting a gift to the City of Dubuque of six framed photographic displays of lhe 1979 Dubu- que Fest, presented and read. Mary Jogielski spoke to the communi- cation and presented the 6 photographs and recommended they be hung in the Five Flags Civic Center. Council Mem- ber Brady moved that the communica- tion be received and filed and photo- graphs accepted. Seconded by Council Member King. Carried by the following Yeas Mayor Farrell, Council Mem~ bess Brady, Felderman, King, Pratt. Nays-None, Communication of City Manager commending city participation in the cost of installation of lights on Mar- quette Place to a maximmn 50% of the construction cost; staff position being that underground street lighting sys rems should be assessed, presented and Eldon Biver of Marquette Place vised the Council that taxpayers are not in agreement with proposal; Do not agree with reduction proposed in hum bev of lights; 15 families live on Mar* quette Flace; Requesting rewiring of present lights at no expense to the prop- erty owners on Marquette Place. Tom Callahan and John Zurcher re- quested they do not take out the orna~ mental lighting~ Council Member Felderman moved that the City Staff be directed to repair or replace, at City cost as necessary, to restore minimum lighting standards and retain the historical flavor of lighting system~ Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-Council Member King. Communication of Design Center As~ sociates (Ryan Bldg.) submitting a per- mit for demolition of garage west of the Ryan House at 1376 Locust St., present- ed and read. Council Member Pratt moved that ~he communication be re- ceived and filed and demolition permit approved. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King~ Prat~. Nays-None. Communication of Historic Preserva- tion Commission recommending that consideration of the limitJed architectur- al significance of the Ry~n Garage should not impede the issuance of a de molition permit, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by tbe following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Historic Preservk- tion Commission advising of no architec- tural merit and has no objection to tbe is- suance of a demolition permit for the Copperhead House at 447 Bluff St., pre- seated and read. Council Member Pratt moved that the communication be re- ceived and filed and demolition permit approved. Seconded by Council Member King. Carried by th~! fo!~owieg vale: Yeas-Mayor l,'arrell, Cour~cJl Mere bess Brady, Feldesman, King, Frail, Nays-None. Comnnmieation of City Manager commending vacation 9~q~e y beside 693 Kaufman Ave., as requested by Attor- ney VanEtten, presented and read. Council Member Pratt moved that the communication be received and filed and referred to tile City Manager for proper proceedings. Seconded by Council Mem- her King. Carried by the following vote: Adjourned Special Session. January 22. 1980 Farrcll, Council Mem- .. Felderman, King. Pratt. of Publication, certified to by the publishers, of Notice of Public Hear- sible use of General Reve Funds. which was held on eared and read. g moved that the proof of publication be received and filed. Seconded by Council Member Fel- derman. Carried by the following vote; Yeas-Mayor Farrell. Council Mem~ Felderman. King, Pratt. Communication of City Manager sub- mitting a report on the results of the public hearing held on January 3. 1980. and recommending that the report be re- ferred to the Council Budget Work Ses- sions, presented and read. Council Mem- ber King moved that the communication bereceived and filed. Seconded by Coun- Member Felderman. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Petition of American Legion Auxili- ary requesting permission to sell pop- pies on May 28rd & 24th. 1980. present- ed and read. Council Member King moved that the request be approved sub- ject to implementation of the City Man ager. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Petition of Glen J. & Mary D. Goffinel requesting the vacation of alley adjoin~ ina 2301 Hempstead St. expressing a de- sire to purchase same. presented and read. Council Member King moved thai the petition be received and filed and re- ferred to the City Manager and Staff for investigation and report. Seconded hy Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt Nays-None. Petition of Dubuque Evening Lions Club requesting approval of the City Council of the sale of reflective house numbers, said project having the en- dorsement of Chief of Police and Fire Chief, presented and reac UouncilMem- bet King moved that the petition be ap- proved subject to coordination of the City Manager and Fire and Police Chiefs. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, l%lderman, King, Pratt. Nays-None. Petition of Giese Co. requesting ease- 19 ment for a gas line thru City Owned Lot 13 in Jaeger Subdivision, presented and read. Council Member Pratt moved that the request be approved. Seconded by Council Member King. Carried by the following vote: Yeas~Mayor Farrell. Council Mem~ bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager re- commending adoption of Ordinances rel- ative to compensation of Mayor and Council Members. Salaries of Officers and Employees. Election of Mayor and Mayor Pro-Tem and Providing for office of City Manager, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem bess Brady, Fe]derman. King, Pratt. Nays-None. Four Ordinances relative to Compen- sation of the Mayor and City Council: Salaries of Officers and Employees: Election of Mayor and Mayor Pro-Tern: and Office of City Manager were pre- sented and read. Council Member King moved that all Four Ordinances be tabled. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Menl- bers Brady, King, Pratt. Nays-Council Member Felderman. Communication of City Manager re- questing approval to execute a Rental Space Agreement in the Fischer Build lng, presented and read. Council Mem- ber Pratt moved that the communication be received and filed. Seconded by Coun- cil Member King. Carried by the follow- ing vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 12.80 Authorizing the Execution of Lease Extensions for Suites 480 and 411 in the Fischer Building. WHEREAS. the City of Dubuque [eases from the Fischer Realty Com pany, Suites 480 and 411 in the Fischer Building to house the Departments of Community Development and Planning and Zoning: and WHEREAS. both leases have expired and it is deemed advisable to enter into extensions of both leases upon the same terms and conditions of the original teases subject ;oa modification to per- mit the City of Dubuque ;o cancel the leases upon ninety days' advance notice in the event either or both of the depart meats move into other property owned by the City of Dubuque; and WHEREAS. the leases provide 2O Adjourned Special Session, January 22, 19_80 among other things a standard clause that permits either lease to be cancelled by either party at the end of each year by providing ninety days' advance notice now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUk OUE. IOWA: Section t. That the City Manager be and he is hereby authorized and directed to enter into an extension of the follow- ing leases with the Fischer Realty Com- pany for certain office space in the Fisch- er Building. Department of Community Develop- Lease dated February 28, 1968 and Addendum dated February 26, 1974 Suite 480 -- $415.00 Planning and Zoning Department Lease dated June 20~ 1973 and Addendum dated January 23, 1974 Suite 411 - $450.00 per month Passed, adopted, aaa approved th~s 22nd day of January, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderman James E. Brady Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Fclderman, King, Pratt. Nays~None. Communication of City Manager re- questing adoption nfa resolution to initi- ate the appropriate proceedings neces- sary to confirm a final acquisition award and Federal Aid Req0irement for Rad- ford Industrial Center Land Acquisi- tion, presented and read. Council Mem- ber Felderman moved that the commu- nication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays None. RESOLUTION NOJ 13-80 A Resolution Providing for the Initia- tion of Proceedings to Acquire Certain Hereinafter Described Real Estate for Industrial Development Purposes. WHEREAS~ the City Council of the; City of Dubuque, Iowa has determined that it is necessary for the economic well-being of the community and f(;'r the health and welfare of its citizens t hat ad: ditional sites be provided for thc reloca tion of industry and commerce and for the further development of the economic base: and WHEREAS, an Industrial Study has been prepared and has determined that it is feasible and appropriate to establish an industrial development project on property hereafter described; and WHEREAS, industrial development project proposals have been transmitted to the United States Department of Housing and Urban Develop~nent and to the Economic Development Administra- tion of the United States Department of Commerce, and project proposals have been determined to be eligible for assis- tance under programs administered by the departments; and WHEtIEAS, the securing of said here- inafter described real estate by way of appropriate proceedings is indicated in this instan,~e; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is necessary lbr the public purpose that the City of Dubuque, Iowa, acquire fee ,simple title in certain real estate owned by tbe Letna Corpora- tion, described as: The Northeast Quarter; Northwest Quarter of the Southeast Quarteh; Lot 1 of the Northeast Quarter of the, Southeast Quarter; and Lot 3 of Lot 1 of the Southwest Quarter of the~ Southeast Quarter; all in Section 29, in Township 89 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to government sur- vey and the recorded plats of the re- spective subdivisions, for the location and construction of in- dustrial sites, appurtenant utilities, and access roadways. Section 2. That the City Manager and Corporation Counsel are hereby direct- ed to institute appropriate proceedings for the acquisition of said property for and on behalf of the City of Dubuque, Iowa, in order to secure said industrial development sites and rights-of-way for appurtenant utilities and access road: ways in the pr ope,r ty.~hereln described. Section 3. That~oceedings institut- ed by this Resolution shall be carriedout in compliance with the rules of the United States Department of Housing and Urban Development, and with such other state and federal laws as shall ap- ply to the acquisition property for feder- ally-aided projects. Adjou ned Special Session, January 22_, 1980 PASSED. ADOPTED, APPROVED this 22nd day of January, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderman James E. Brady Michael W. Prat; Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pra~,L Carried by the following yore: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. Communication of City Manager commending adoption of a resolution to authorize the City Manager to sign a De- sign Contract for design of North-West Arterial from Dodge ;o Pennsylvania; also to concur with plans for financing, presented and read. Council Member Felderman moved that the communica- tion be received and filed. Seconded by Council Member Pratt. Carried by the ~ollowing vote: Yeas-Mayor Farrell. Council Me~n. bets Brady, Felderman. King, Pratt. Nays-None. William Koch of 4856 Embassy Ct. spoke to the ~ouncil relati-~e to the pro, ,~osed North-West Arterial Road. ob- Jecting to not being informed of the pro- ject before he purchased his home. RESOLUTION NO. 14.80 Resolution for Execution ut Design Contract for North,West Arterial Road. WHEREAS, a Corridor Location Study was conducted for the North- West Arterial Road and final location ap- proval was granted by the Iowa Depart- meat of Transportation on December 4, 1979. and WHEREAS, the City of Dubuque is now planning development of Radford industrial Park and design and construc- tion of the North-West Arterial from U.S. Highway 20 to Pennsylvania Ave- nue is essential for development of the °ark. and WHEREAS, the City selected Brice. Petrides & Associates. Inc., Waterloo. lows on November 24. 1975 for Profes- sional Services related to corridor loca- tion and Environmental Impact Anaiy- sis Phase I to be followed by Preliminary and Final Engineering Phase II. and WHEREAS. Brice Petrides and As- sociates has submitted ~o the City a sup- plemental contract for professional ser- vices for master planning,surveying and final design work for the link of the 2I North-Wes; Arterial from U.S. High- way 20 to Pennsylvania Avenue. design cost to be $160.000 and exploration soil work estimated to be $20.000. for a total cost of $180.000. NOW. THEREFORE BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Secfloo 1. That the City Manager be authorized to execute Supplemental Contract Phase IIA. to contract dated November 24, 1975. for professional ser- vices with Brite. Petrides and Associ- ates. Inc.. Waterloo, Iowa, for Master Planning, Surveying and Final Design [or link of North-West Arterial frmr U.S. Highway 20 (Dodge Street) to Penn sylvania Avenue. PASSED. APPROVED AND ADOPTED THIS 22nd Day of January, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderman James E. Brady Michael W. Prat~ Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem bets Brady, Felderman. King, Pratt Nays-None. Communication of City Manager re- eom mending Council action to adopt cod- ification of four code supplements prew- ously submitted by the Municipal Code Corporation to comply with Code of Iowa Section 380.8, presented and read. Council Member King moved that the communication be received and filed. Seconded oy Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell Council Mem bets Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 15.80 WItEREAS, under date of November 1, 1976, City Council of the City of Dubu- que, Iowa, pursuant to Ordinances 55-76. and after a public hearing, adopted a Code of Ordinances of the City of Dubu- que, Iowa: and WHEREAS. since September 15. 1975. the City Council of the City of Du buque, Iowa has adopted certain ordi- nances amending the Code of Ordinanc- es and said amendments have been printed from time to time as supple meats to the Code of Ordinances: and WHEREAS, Section 380.8 of the 1979 Code of Iowa provides that the supple- 22 Adjourned Special Session, January 22~ 1980 ments, by resolution, become part of the Code of Ordinances; NOW TIIEREFORE BE IT RESOLV- EI) BY THE CPPY COUNCIL OF THE CITY OF DUWJQUE, IOWA: Section t, That the supplements to the Code of Ordinances, City of Dubu- que, Iowa hereinafter described, printed by the Municipal Code Corporation, Tal~ lahassee, Florida, heretofiled in the of- rice of the City Clerk of the City of Dubu* que, Iowa, be and they are hereby adopt- ed as of the dates indicated and become part of the Code of Ordinances of the City of Dubuque, Iowa. End of Supplement Period Effective No. Covered Date 1 12-6-76 7 26-77 2 12-19~77 8-15.78 3 6-28-78 12-78 4 12-18-78 7-79 Passed, adopted, and approved this 22nd day of January, 1980. Carolyn Farrell Mayor I). Michael King John I,, Feldernmn James lJ,. Brady Michael W. Pratt ATTEST: Council Members Leo F. Frommelt City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Felderman. C~trried by the following vote: Yeas-Mayor Farre[l, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Communication of City Manager re- questing consideration for passage of two resolutions, previously submitted of Final Estimate and Acceptance of Wa- ter Treatment Plant, presehted and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Feldcrman, King, Pratt. Nays-None. Final Estimate RESOLUTION NO. 16.80 WIIEREAS, thc~ contract for the Item 1. Water Preatmen~ Phint Ex- pansion Item 2. Water Plant Solids Handling with Vacunm Filters has been completed and the City Engi- neer has submitted his final estimate showing the cost thereof includieg the cost of estimates, notices, inspection. and preparing the assessment and phtt, BE IT RESOLVED, by the City Coun- cil f the Ci .y of Dubuque, That the cost ol said improvement is bereby determined to be $5,807,087.72, Mayor Michael W. Pratt D. Michael King John L. Felderman Council Members ATTEST: City Clerk (A Resolution Accepting Improvement) Carolyn Farrell Adjourned Special Session. January 22. 1980 ATTEST: Leo F. Frommell City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King Pratt. Nays~None. Communication of City Manager re- questing adoption of a resolution to au- thorize the Mayor to sign a Right-of-Way Assurance Statement for Federal Aid Projects, presented and read. Council Member King moved that the commum- cation be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt Nays-Nane RESOLUTION NO, 18.80 Resolution Approving Right-of-Way Assurance Statement for Federal Aid Projects. WHEREAS. The Iowa Departmentof Transportation has requested the City of Dubuque to sign a Right-of-Way As- surance Statement for Federal Aid Pro- jects, and WHEREAS. the City of Dubuque has used federal aid funds for the acquisition of right-of-way for highway projects, and WHEREAS. in the future the City of Dubuque would like to utilize the avail- ability of federal aid funds for the secur- ing of right-of-way for federal aid pro- jec~s, and WHEREAS, location/design approval will not be granted unless a Right-of- Way Assurance Statement is signed by the City relative to federal aid projects. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be author- ized to sign a letter addressed ;o the Iowa Department of Transportation, Ames Iowa the subject being "Assur- ances regarding future acquisiton of right-of-way for highway projects fund- ed with federal aid funds." This letter states that the City of Dubuque will com- ply with the provisions of the 1970 Uni- form Relocation Assistance and Land Acquisition Policies Act. Passed. adopted, and approved, this 22nd day of January, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderman James E. Brady Michael W, Pra~ Council Members 23 ATTEST: Leo F. Frommelt City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem bets Brady, Felderman. King, Pratt. Nays~None. Communication of City Manager re questing adoption of a resolution author~ izing the Mayor ~o execute an amended agreement with DOT relative to award of a contract for erection of a steel super- structure on Freeway 561 City Island Bridge, presented and read. Council Member King moved that the eommum- cation be received and filed. Seconded b~ Council Member Felderman. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 19.80 Resolution Authorizing the Mayor to Execute an Agreement with the Iowa Department of Transportation on Issues Relative to the Freeway 561 Bridge. WHEREAS. the Iowa Department of Transportation plans to let a Contrac~ for the construction of the steel super- structure of the Freeway 561 Mississip- pi River Bridge; and WHEREAS. the City of Dubuque has entered into an Agreement on March 6. 1973 for the construction of 561 within the City; and WHEREAS, the City of Dubuque exe- cuted an amendment to the 1973 Agree- ment on November 20. 1978 for use cer- tain rights-of-way on City Island for tar construction of the Freeway 561 Bridge on City Island: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be author- ized to execute and the Clerk be author- ized to certify the Agreement with the Iowa Department of Transportation. Section 2. That three copios of the Agreement be forwarded to Iowa De partment of Transportation for signa- ;ute by that Administrative Body. Passed, adopted, and approved this 22nd day of January, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderman James E. Brady Michael W. Pratt ATTEST: Council Members Leo F. Frommell City Clerk 24 Adjourned Special Session, January 22, 1980 Council Member King moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bees Brady, Felderman, King, Pratt. Nays-None, Communication of Planning & Zoning submitting final approved plat of the Sub. of Lot 1-14 of NE q4 of SE ~h and the Sub. of Lot ) -1 of NW ~h of SE ~h Section 8 Dubuque Township; Agnes Breitbach owner, located on Derby Grange Road, presented and read~ Council Member King moved that the communication be received and filed~ Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman~ King, Pratt. Nays-None. RESOLUTION NO. 20.80 Resolution Approving the Plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Northeast One-Quarter of Southeast' One. Quarter, Section 8, Township 89 North, Range 2 East of 5th Principal Meridian, and Ihe Subdivision of Lot 1 of Lot 1, Except the East 20 Feet of South 132 Feet, of Northwesl One- Quarter of Soulheast One. Quarter, Section 8, Township 89 North, Range 2 East of 5th Principal Meridian, Each Being in Dubuque Township, Dubu- que County, Iowa. WHEREAS, tbere has been filed with the City Clerk a plat in which Lot I of Lot 1 of Lot I oLNortheast One-Quarter of Southeast One-quarter, Section 8, Township 89 North, Range 2 East of 5lb Principal Meridian, Dubuque Township, Dubuque County, Iowa, is platted as Lot 1 and Lot 2, each of the Subdivision of Lot 1 of Lot 1 of Lot I of Northeast One Quarter ef Southeast One-Quarter, Sec~ tion 8, Township,89 North, Range 2 East of 5th Principal Meridian, Dubuque Township, Dubuque County. Iowa, and Lot 1 of Lot f except tile East 20 feet of South 132 feet, of Northwest One-Quar- ter of Southeast One-Quarter, Section 8, Township 89 North, Range 9 East of 5th Principal Meridian, Dubuque Township, Dubuque County, Iowa, is platted as Lot I and Lot 2, each of the Subdivision of Lot 1 of Lot 1, except the East 20 feet of South 132 feet, of Northwest OneQuar ter of Southcasf One Quarter, Section 8, Township 89 North, Range 2 East of 5th Principal Meridian, Dubuque Township, Dubuque County, Iowa; and WHEREAS, said plat has been exam- )ned by ~he City Phmnlng and Zoning Commission and they find Olat thesame conforms to the statutes and ordinances relating thereto; and WHEREAS, said plat has been ap- proved by the City Planning and Zoning Commission on the condition that Lot 2 of the Subdivision of Lot 1 of Lot 1 of 1 1 of Northeast One-Quarter of Southeast One-Quarter and Lot 2 of the Subdivi- sion of Lot I of Lot 1, except the East 20 feet of South 132 feet, of Northwest One- Quarter of Southeast One-quarter, both in Section 8, Township 89 North, Range 2 East ol 5th Principal Meridian, Dubu quo Township, Dubuque County; Iowa, will be consolidated into a single lot when a residential strncture is to be built on the site; and WHEREAS, said plat has been exam~ )ned by the City Council and they find the same conforms to thc statutes and ordinances relating thereto: and WHEREAS, the City Council concurs in the condition of approval established hy the City Planning and Zoning Com- mission; NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described ~lat be and the same is hereby approved and the Mayor and Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Dubu- que upon said plat, provided that the owner of said property sball execute a written acceptance hereto attached, acknowledging and agreeing; a) That Lot 2 of the Subdivision of Lot 1 of Lot i of Lot I of Northeast One- Quarter of Southeast One-Quarter and Lot 2 of the Subdivision of Lot 1 of Lot l, except tbe east 20 feet of South 132 feet of Northwest One- Quarter of Southeast One-Quarter, both in Section 8, Township 89 North, Range 2 East of 5th Princi- pal Meridian, Dubuque Township, Dubuque, County, Iowa, will be con- solidated into a single lot when residential structure is to be built on the site. Section 2. That iu the event that the owner fails to execute the Acceptance provided for in Section 1 berein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passedi adopted, and approved this 22nd day of January, 1980, Carolyn Farrell Mayor D. Michael King John L, Felderman .fames E. Brady Micbael W, Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Adjourned Special Session, January 22. 1980 ACCEPTANCE OF RESOLUTION NO. 20-80 I the undersigned Agnes Breitbach. having read the terms and conditions of the foregoing Resolution No. 20~80, and being familiar with the condition there- of. hereby accept the same and agree [o the condition required therein. Dated at Dubuque. Iowa this 22nd day of January, 1980. Agnes Breitbach Council Member King moved adop- non of the Resolutior Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. Communication of Planning & Zoning submitting final approval of final plat of Sub. of SW ~/a of SE Va Section 8, the Sub. of Lot 1-1 of SEV< of SWV4 Section 6 of NEV< of NWV~ Section 7 in Mosalen Township, Marie E. Ruble owner, locat- ed on old Bellevue Road, presented and read. Council Member King moved that the communication ~e received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Far~ell. Council Mom bors Brady~ Felderman. King, Pratt. Nays-None. RESOLUTION NO. 21-80 Resolution Approving the Plat of the Subdivision of the Southwest One- Quarter of Southeast One-Quarter, Section 6, Township 88 North, Range 3 East of 5th Principal Meridian; and of the Subdivision of Lot I of Lot I of Southeast One-Quarter of Southwest One-Quarter. Section 6, Township 88 North. Range 3 East of 5Ih Principal Meridian; and of the Subdivision of the Northeast One. Quarter of Northwest One. Quarter. Section ?, Township 88 North, Range 3 East of 5th Principal Meridian. Each Being in Mosalem Township, Dubuque County. Iowa. WHEREAS. there has been filed with the City Clerk a plat in which the South- wes~ One-Quarter of Southeast One- Quarter, Section 6, Township 88 North Range 3 East of 5th Principal Meridian Mosalem Township, Dubuque County, Iowa, is platted as Lot 1 and Lot 2, each of the Subdivision of the Southwest One~ Quarter of Southeast One-Quarter, Sec- tion 6, Township 88 North. Range 3 East of 5th Principal Mereidiar Mosalem Township, Dubuque County, Iowa. and Lot 1 of Lot 1 of Southeast One-Quarter of Southwest One-Quarter, Section 6. Township 88 North. Range 3 East of 5th Principal Meridian. Mosalem Town ship, Dubuque County, Iowa, is platted as Lot I and Lot 2. each of the SubdivL sion of Lot I of Lot 1 Southeast One- 25 Quarter of Southwest [)ne-Quarter. Sec- tion 6, Township 88 North. Range 3 East of 5th Principal Meridia~ Mosalem Township, Dubuque County, Iowa, and the Northeas~ OneQuarter of North- west One-Quarter, Section 7. Township 88 North. Range 3 East of 5th Principal Meridian Mosalem Township, Dubu- que County, Iowa, is platted as Lot 1 and I~ot 2 of the Subdivision of the Northeasl One-Quarter of Northwesl One-Quarter. Section 7. Township 88 North. Range 3 East of 5th Principal Meridian. Mosa- Jem Township, Dubuque County, Iowa; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and they find that the same conforms to the statutes and ordinances relating thereto: and WHEREAS. said plat has been ap- proved by the City Planning and Zoning Commission on the condition that Lot 2 of the Subdivision of the Southwest One- Quarter of Southeast Due-Quarter. Sec- tion 6. Township 88 North. Range 3 East of 5th Principal Meridian, Lot 2 of the Subdivision of Lot 1of Lot 1 of Southeast One-Quarter of Southwest One-Quarter, Section 6. Township 88 North. Range 3 East of 5th Principal Meridian. and Lot 2 of the Subdivision of the Northeast One-Quarter of Northwest One-Quarter, Section 7. Township 88 North. Range 3 East of 5th Principal Meridian. each be lng in Mosalem Township, Dubuque County. Iowa. be consolidated into one lot: and WHEREAS. said plat has been exam [ned by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council conenrs in the condition of approval established by the City Planning and Zoning Corn NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described plat be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat, provided that the owner of said property shall execute a written accep- tance hereto attached, acknowledging and agreeing; al That Lot 2 of the Subdivision of the Southwes~ One-Quarter of South- east One-Quarter. Section 6. Town- ship 88 North. Range 3 East of 5th Principal Meridian. Lot 2 of the Subdivision of Lot ] of Lot i of Southeast One Quarter of South west One-Quarter. Section 6. Township 88 North. Range 3 Easl 26 of 5th Principal Meridian, and Lot 2 of the Subdivision of the North- east One-Quarter of Northwest One Quarter', Section 7, Township 88 North, Range 3 East of 5th Prin~ cipal Meridian, each being in Mos clem Township, Dubuque County, Iowa, be consolidated into one lot. Section 2~ That in the event that the owner fails to execute the Acceptance provided for in Section 1 herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective, Passed, adopted, and approved this Adjourned Special Se~ssion, January 22, 1980 Residential District Classification (Klauer), presented and read. Council Member' King moved that the read ng just had be considered the first reading of the Ordinance, Seconded by Council Member Felderman. Carried by the following vote: Yeas:Mayor Farreli, Cnuncil Mom bers Brady, Felderman, King, Pratt. Nays~None. Council Member King moved that thc rule requiring an Ordinance to be re~ celved cml filed at two meetings prior to the meeting when final actinn is taken, be dispensed with. Seconded by Council Member Fcldcrman, Carried by the roi- 22nd day of January, 1980. Carolyn FarreH Mayor D. Michael King John L, Felderman James E. Brady Michael W. Pratt Cnuncil Members ATTEST: Leo F, Frommelt City Clerk ACCEPTANCE OF lowing vote: Yeas~Mayor Farrell; Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Coum~il Member King moved that a public hearing be held on tire Ordinance on February 18, 1980 at 7:30 o'clock P.M. in thc Council Chamber at the City Hall and that the City Clerk be instructed to publish nntice of the bearing in the man ncr required by law. Seconded by Coun- cil Member Felderman. Carried by the RESOLUTION NO. 21.80 I, the undersigned Marie E. Ruble, having read thc terms and conditions of the foregoing Resolution No. 21~80, and being familiar with the condition there- of, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 24th day of January, 1980. Marie E. Ruble Council Member King moved adop~ lion of the Reso|ution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarrcH, Council Mem- bers Brady, Fc[derman, King, Prat£. Nays-None. Communication of Planning & Zoning l~equesting favorable consideration of the rezoning of Peter W. Klauer proper. ty located at 1075 Dniversity Ave. from R-3 Residential District to ORq Office Residential District, presented and read. Council Member Kblg moved that; the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrelk Council Mom hers Brady, Felderman, King, Pratt. Nays None. AN ORDINANCE of the City of Du: buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A tbere- of, also known as the "Zoning Ordinance ami Z,o, ning Map of the City of Dubuque, I0wa,' by reclassifying property at i075 University Avenue froin It-8 Residential District Classification tt~ OR 1 Office- following vote: Yeas-Mayor Farrell, COuncil Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Planning & Zoning requesting concurrence of the rezoning of property located at the corner of Dodge & York Street (Frederick & Marion Fuerste property) frdm R-2 ReM- dential to OR-1 Office Residential Classi- fit~ation, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrell, Cnnneil Mem- bers Brady, l%lderman, King, Pratt. Nays-N(me. AN ORDINANCI~] of the City of Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa by roe assffy ng property at the southeast enrner of Dodge and York Streets from R~2 Residential District Classification to OR-1 Office-Residential Dislrict Classification (FuersteL pre~ sented and read. Council Member Feldcrman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Council Member Pratt. Gar~ tied by the followiug vote: · yeas-Mayor FarrelL Council Mem~ ber~ Brady, Felderman, King. I ratt. Nays None, Adjourned Special Session. January 22. 1980 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 Pratt. Carried by the ~ollowing vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Felderman moved that a public hearing be held on the Ordi- nance on February 18. 1980 at 7:tm o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hear- ing in the manner required by law. Sec- onded by Council Member Frail Uar- ried by the following vote: Yeas-Mayor Farrelh Council Mem~ bets Brady, Felderman. King. Pratt. Nays-None. Communication of City Manager sub mitring an Ordinance vacating a portion of a 20 foot alley between King & Broad- way Streets, presented and read. Coun- eli Member Felderman moved that the communication be received and filed. Seconded by Council Member King. Car tied by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None AN ORDINANk;~ vacating a portion of a 20 foot wide alley running between King Street and Broadway Street. ~)ro- riding for the sale of same for $§0.. plus publication costs (Rosensweig/Rafoth/ Magson), presented and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Council Member King. Carried by ~he following vote: Yeas-Mayor Farrcll. Council Mem- bers Brady, Felderman. King, Pratt Nays-None, Council Member Felderman moved that the rule reqmrmg 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 King. Carried by the ['nl[owin~ vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Fclderman. King, Frail Nays. None. that a public hearing be held on the (Ir dinance on February t 1980 at 7:30 o'clock P.M. in the Council Chamber at the City ttall and that the City Clerk be instructed to publish notice of the hear lng in the mariner required by law. Sec onded by Council Member King. Carried by the following vote: 27 Yeas-Mayor Farrell. Council Mom bors Brady, Feiderman. King, Pratt. Nays-None Communication of City Manager ad- vising that the public transit division of Iowa DOT has advised the City of avail- ability of Planning Funds for a Ground Transportation Con;er and if DO~I should consent ;o reserve funding we would then expect to return to the Coun- cil for Financial Participation, presented and read Conncil Member King moved that the communication be received and filed and accepted and Mayor directed to express desire and interest for participation in the project. Seconded by Council Mom ber Felderman. Carried by the following Yeas-Mayor Farrell, Council Menq bors Brady, Felderman.' King. Pratt. Nays~None. Communication of Cheryl Albert sub- mitting resignation from the North End Improvement Association and Commu- nication of Ann E. Sweeney submitting resignation from the Ambulance Study Task Force, presented and read. Council Member Brady moved that the commu nications be received and filed and resig- nations accepted with regret. Seconded t)y Council Member Felderman. Carried b~ the following vote: Yeas~Mayor Farrcll, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Memner Brady moved that Richard Vorwald be appointed to the Community Development Commission for an unexpired 3 year term expiring 11-8-80 representing Target Area. Sec- onded by Council Member King. Carried by the following vote: Yeas~Mayor FarrelL Council Mom bors Brady, Fclderma~;. King, Pratt. Nays None. Council Member Felderman moved that Robert Carroll be appointed to the Cormnunity Development Commission for a 3 year term expiring 11-8-82 repre- senting At Large. Seconded by Council Member King. Carried ny the followina- Yeas Mayor Farre[I. Council Mem- bers Felderman. Kin~, Frail. Nays-Council Memher Brady. table balance ol appointments to various Boards and Commissions to the next Council Meeting. Seconded by Coum'il Member King. Carried by the following Ycas~Mayor Farre, . Council Mem- bers Brady, Felderman. King, Pratt. 28 Adjourned Special Session. January 22. 1980 RESOLUTION NO. 22-80 BE IT RESOLVED, By the City Coun- cil of the City of Dubuque. Iowa. that the following having complied with the pro~ visions of law relating to the sale of Cig- arc,res within the Uitv of Dubuque, Iowa. be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Robert W. Wagner 2600 Dodge Street. Passed. adopted, and approved this 22nd day of January, 1980. Carolyn Farre3 Mayor D. Michael King John L. Fe[derman James E. Brady Michael W. Pratt Council Memhers ATTEST: Leo F. Fromme~t City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Councl] Member Felderman. Carried by the following yore: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Prat~ Nays-None RESOLUTION NO. 23.80 WHEREAS. Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and WHEREAS, The premises to be occu pied by such applicants were respected and found to comply with the Ordinances of this City and have fried proper bonds: NOW THEREFORE BE IT RESOLV SI). By the City Council of the City of Dubuque. Iowa. that the Manager be au- thorized to cause to be issued to the fol- lowing named applicants a Beer Permit. CLASS "B" PEER PERMIT JFK Fast Foods. Inc. (Also Snnday Sales) - 2075 John F. Kennedy Rd. CLASS "C" BEER PERMIT Bevcriy B, Miller (Also Sunday Sales) 260 Southern Ave. Robert W. Wagner (Also Sunday Sales) 2600 ()edge St. TFM Uo. (Also Sunday Sales) 5] West 32nd St. Passed. adopted, and approved this 22nd doy of January, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderman James E. Brady Michael W. Pra~ Council Members ATTEST: Leo F. Frommelt tion of the Resolutmn. Seconded by Council Memhcr Fe~derman. Carried by the following vote: Yeas-Mayor Farrell Council Mom bors Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 24-80 WHEHEAS. Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and WHEREAS. The premises to be occu- pied by such applicants were inspected and found to comply with thc State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RESOLV- ED, By the City Council of the [~ity of Dubuque. Iowa. that the Manager be au- thorized to cause to be issued to the fol- lowing named applicants a Liquor Li CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Inns el Iowa, Ltd. (Also Sunday Sales) 3434 Dodge St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Marie B. Becker (Also Sunday Sales) - 206 West 3rd St. Josephine Burke -- 1445 Central Ave. Geraldine D. Richter {Also Sunday Sales) -- 2126 Central Ave. TFM Co. (Also Sunday Sales -- 1236 Iowa St. Kress Ltd. -- 1701 Asbury. Passed. adopted, and approved this 22nd day of January, 1980. Carolyn Farrell Mayor D. Michael King Jolm L. Felderman James E. Brady Michael W. Pra;[ Council Members ATTEST: hoe F. Frommel; City Clerk Council Member King moved adap· tion of the Resolution. Seconded by Council Me~nber Felderman. Carried by the following ye;e: Yeas-Mayor Farrell, Council Mem- bers Brady. Fclderman, King, Pratt. Nays-None Communication of DEQ advising of is- suance of permit for cons;ruction of sewer and wa;er mains in Oak Meadow l;'irst Addn., presented and read. Coun- cil Member King moved tha[ tgc commu~ ri)cation be received and filed. Seconded by Council Member Pratt. Carried by the following ye;e: Yeas-Mayor FarrclL Council Mem- bers Brady, Eeldcrmau. King. Pratt, Nays-None. Communications of Sr. Augus;a Adjourned Special Session, January 22, 1980 29 Specht in support of the naming of Area · C as the Chaplain Schmidt Memorial Park and the road thru the area as Ad- miral Sheehy Road; Communication of Leanne Sievers in support of naming Area C same as above, presented and read. Council Member King moved that the communications be received and filed~ Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, l%lderman, King, Fratt. Nays~None. Communication of Iowa DOT submit- lng decisions made by the review Board that Iowa #386 and Peru Rd. with junc- tion with U.S. 52 & Iowa #3; 32nd Street and Peru Rd. at U.S. #§2 & Iow junction with Iowa 386; former U.S. #151 known as Iowa 963 to 61 shall be classi- fied as trunk system, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Housing Inspector submitting a report on the construction of a house at 1750 Miller Road owned by George Connelly, as previously request- ed by the Council, presented and read: Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Iowa DOT advising that they will offer Lot 2 in Kerr)gan Heights for sale in TabIe Mound Town ship along with a house located thereon at 974 Monticello Drive, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of KDUB-TV, by Bob Henry, requesting that thc appropriate people to include the phrase "News De- partment''in the address of any message that is meant for news, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldermap, King, Pralt. Nays None. MINUTES SUBMITTED - Fark Board of 127-79 & 1-11 80, Recreation Commission of 12d0-79 & 12-18-79; Tran~ sit Trustee Authority of 12-13~79 and Earning Statement for November, 1979; Dock Board of 12-18-79 & 1-4-80; Electri- cai Examining Board of 1-8 89; Human Rights Commission of 12-~-79 and P & Z of 1-9:80, presented and read. Council Member King moved that the minutes be received and filed. Seconded by Coun cji Member Pratt. Carried by the follow lng vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Printed Council Proceedings for the month of October, 1979, presented for approval Council Member King moved that the Council Proceedings be ap- proved as printed. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farre]l, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. NOTICES OF CLAIMS Leonard Oswald, in the amount of $330.59 for car damage incurred as the result of driving over railroad crossing north of the bridge on Radford Road on 1-2-80; Helen M. Holz, in the estimated amount of $254.92 for car damage incurred as the result of driving into a triangle island at the intersection of Asbury & J.F.K. Rd. on 12 26-79; Terry Joseph Nolan, in an un(]etermined amount, for personal in- jurms received in a fall off curb on icy street at llth & Locust on 1-7-80; Terry Conlan, in tile amount of $48.00 for re- f heating element and labor duc to water being shut off on 12~6 79 at 680 Southern Ave,; IAoyd Wagner (by Atty. Hughes) et al, in an un- determined amount, for personal injur- ies and property damage incurred as the result of their car being struck by a at the intersection of 12th & Jackson Sts. on 12~24-79; Margaret Lub- bers, in an undetermined amount, for personal injuries received as the result of a fall on a defective sidewalk at 16th St. on the side of Giellis Insurance Agen cy on 12-31-79; Harold Langman, in an undetermined amount, for personal pro perry damage incurred as the result of stepping off a bus that was stopped too far from the cHrh resulting in a fall cans ins cleaning expenses of his clothing on 1-9-80, presented and read. Council Member King mow~d that tile Notices of Cbdms be referred to Corporation Coun sel. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor FarrelI, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. There being no further business, C uncd Member King moved toadjourn. Seconded by Council Member Folder 30 Special Session January 22. 1980 man. Carried by the following vo~e: Ye s-Mayor Farrell. Conncil Mom hers Brady. Felderman. King, Pratt, Nays-None Leo F. Frommelt City Clerk Approved ...................... 1980 Adopted ...................... 1980 Council Members ATTEST: City Clerk Special Session January 30, 1980 31 CITY COUNCIL OFFICIAL Special Session, January 30, 1980. Council met at 4:30 P.M, Present-Council Members Brady, King, Felderman, Pratt. Absent-Mayor Farrell, City Manager W. Keonet~ Gearhart. Mayor Pro Tern King called the ~neet~ lng to order,read the call and stated that service thereof had been duly made and this meeting is called for the purpose of receiving input from Iowa DOT on the 561 Corridor Study. Mr. Robert Humphrey, project plan- ning engineer of Iowa DOT proceeded to furnish the Council with a progress report on Yreeway project No. 561. The Council was shown two more express~ way routes which will be presented with four other freeway maps at the time an environmental impact statement will be made during the month of April 1980. A high level type of facility is needed. An expressway could be constructed on one of two routes that would be the same as an elevated freeway. One route would in- tersect Dodge Street near the Julien Dubuque bridge and then cut over to the lower side of Main Street to follow the downtown district. The other route would be under the bridge. The align- ments are pretty much the same except under the Julien Dubuque bridge out in to the harbor. If the under bridge route is taken up to this point in time the idea has been met with eonsiderable objec- tion from the L C. railroad by objecting to the effect on their yards and the Am- track facility. It was indicated by Mr. Humphrey that considerable time and energy has been spent with the railroads thus far with practically no favorable results. The railroad wants the yards in a tangent or straight line. If the issue was pursued through the Courts it would tie up the project almost indefi- nitely. However the road could be placed closer to Main street which would call for eviction of more business laces. A route under the bridge would not create a link with Dodge Street traffic moving east and west. An expressway at ground hwcl couht serve as a front age road to in- dustries on the east side of the project. The retention basin could be filled but would cause some disruption for busi- nesses in the area. A higher level facility would attract more traffic. Energy conservation is another eon- sideration. The operation would be at a higher level of speed which is due to a continued type operation. It was indicat- ed that slightly more right of way would be required in the construction of an ex- pressway. Some concern was also indi- cated at White and Central on an ex- pressway design. From a cost wise standpoint, if included in the supplemen tal expressway, it would be more eeo nomical to construct. Council Member Brady asked why alignment is not made between the Illi- nois Central and Milwaukee railroad tracks. Mr. ttumphrey stated that even though this is not a public hearing they would entertain any further input from those in attendance. Mayor Farrell and City Manager W. Kenneth Gearhart entered the Council Chamber at 5:45 P.M. There being no further business Mayor Pro Tern King moved to adjourn. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem bets Brady, Felderman, King, Pratt. Nays~None. Leo F. Frommelt City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk