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1980 February Council ProceedingsRegular Session February 4, 1980 33 CITY COUNCIL OFFICIAL Adjourned Special Session, Febru. ary 4, 1980. Council mol at 7:30 P.M. (C.S.T.) Present. Mayor Farrell. Council Members Felderman. King, Pratt. City Manager W. Kenneth Gearhart. Absent. Council Member Brady. Mayor Farrel] read the tall and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the put pose of acting upon such business as may properly come before the Meet. Proclamations declaring March 15. 1980 as "Shamrocks For Dystrophy Day" and February 10-16,1980 as"Offlce Education Association Week." were read and so proclaimed by Mayor Far reil Communication of Key Line request- ing consideration of an Amenda~ory Agreement with UMTA to provide fnr an additional $4.526 operational funding, presented and read. Council Member King moved that the communicauon be received and filed. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrel]. Council Mem- bers Felderman. King, Pratt Nays-None. Absent-Conncil Member l~rady. RESOLUTION NO. 25.80 Authorizing Execution of the Agree- ment Pertaining to the Assistance Ap- plication with the Urban Mass Trans. portation Administration. WHEREAS. under the date of Janu- ary 4. J980. the Urban Mass Transporta- tion Administration tendered an agree- ment pertaining to the assistance appli- cation providing for a $4,526 payment to the City of Dubuque; NOW THEREFORE BE IT RESOLW ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, that: Section 1. The Mayor of the City of Dubuque is hereby authorized and dj- raining to the assistance application for Project No. IA-05-4034 covering the period of July L 1978. to June 30. 1979. Passed. adopted, and approved this 4th day of February, [980. Carolyn Farrell Mayor John L. Felderman D. Michael King Michael W. Pratt Council Memners ATTEST: Leo F. Frommclt City Clerk I Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-None, Absent-Council Member Brady. Proof of Publication, certified to by the Publisher of Notice of Vacation and Sale of a 20 foot wide alley running tween King Street and Broadway Street, presented and read. No written objections were filed and no oral objec- tors were present in the Council Cham- ber at the time set for the hearing Coun- cil Member King moved that the proof of publication be received and filed. Sec- onded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers ~ elderman, K ng, I ratt. Nays-None. Absent-Council Member Brady. ORDINANCE NO. 2-80 AN ORDINANCE VACATING A POR- TION OF A 20 FOOT WIDE ALLEY RUNNING BETWEEN KING STREET AND BROADWAY STREET, said Ordi- nance having been previously presented and read at the Council Meeting of Janu- ary 22, 1980. presented for final adop- tion. ORDINANCE NO. 2~80 AN ORDINANCE VACATING A POR- TION OF A 20 FOOT WIDE ALLEY RUNNING BETWEEN KING STREET AND BROADWA_Y STREET. WHEREAS, Mr. Duane Rosensweig, 245 Kino Street. has requested the vaca- tion of a 20 foot alley running between KingStreetandBroadwayStreet along lots 9. 20 and 21 in King's Grove Addi. Iion in the City of Dubuque. Iow(~ and WHEREAS. Shive-Hattery and As- sociates has prepared and submitted ~o the City Council a plat showing the va. cared alley and assigned lot numbers thereto, and which shall hereafter be known and described as lo t 9-A. lo t 20-A. 2I-A. and 21-B all in King's Grove A ddi- tion in the City of D~abuque. Iowo~ and WItEREAS. the City Council o] Dw buque, Iowa has determined that this alley is no longer required jbr public use and the vacation of said alley known as Grove Addition ir, the City of Dubuque, Iowa should be approved NOW THEREFORE BE 1T OR- DAINED B Y THE CITY CO UNCIL OF THE CITY OFDUBUQUE, IOWA: Section 1. That said real estate in King's Grove Addition m Dubuque, Iowa be and the same is hereby ~acated. Section 2. That the disposal of intar- 34 Regular Session February 4, 1980 est of the City of Dubuque. Iowa in suid vacated alle.~ be a~d the same is hereby approved anti said real esthete be sohl as follows: Lot 9~A in Kin#'s Grove Additio~ in the City of Dubuq ~e. Iowa to Duane C. Rosensweig for the price Dj $25.00, plus publication and filing fees: Lots 20-A and 21-A in King's Grove Addition in the City of Dubu- que, fowa to Russell and Eleanor Rafoth for the price of $18. 75, plus publication and filing fees: Lot 21-B in lfing's Grove Addition in the City of Dubuque. Iowa to Wil. lard W. Magson for the price of $6.25, plus publication and fi any fees. $~¢tion 3. That the City Clerk be and he is hereb~ authorized and directed to cause Notice of Intent to dispose of said real estate described as lots 9-A, 20-A, ~I-A and 21-B in King's Grove A dditio~, ~$ctlo~ 4. That the conveyance of said lots be and the same is hereby ap- proved upon payment of the above fees. Passed. adopte(L and approved this ~th da~ of February, I980. Carolyn Farrell Mayor John L. Felderman D. Michael King Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 8th day of Febru- ary, 1980. Leo F. Frommelt City Clerk 1 t 2/8 Council Member King moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Conncil Mere* bets Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. RESOLUTION NO. 26,80 WHEREAS. pursuant to resolution and published notice of time and place of hearing, published in the Telegraph- Herald. a newspaper of general circula- tion published on the 251h day of Janu- ary, 1980, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 4th day of February, 1980 at 7:30 o'clock P.M. ICST) in the City Council Chambers of the City Hall, Dubuque. Iowa to consider the proposal to dispose of interest of ~he City of Du~ buque, Iowa in real estate being the va- cation of a portion of a twenty foot 120') wide alley running between King Street and Broadway Street in the City of Du- buque. Iowa. which alley is now platted and known as: Lots 9-A. 20-A. 21-A and 21-B in King's Grove Addition in the City of Dubuque, Iowa to hereinafter named purchasers; and WHEREAS, the City Council of the City of Dubuque. Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque. Iowa in the above de- scribed real estate to the hereinafter named purchasers: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of inter- est of the City of Dubuque. Iowa in the following described real-estate, to-wit: Lots 9-A, 20-A, 21-A and 21-B in King's Grove Addition in the City of Dubuque, Iowa , to the following: Lot 9~A in King s Grove Addition to Duane C. Rosenswelg for the purchase price of $25,00: Lot 20-A and 21-A in King's Grove Addition to Russell Rafoth and Eleanor Rafoth for the pur- chase price of $18.75 and Lot 21-B in King's Grove Addition ~o Wifiard W. Magson for the purchase price of $6.25 plus costs of publication and recording fees, be and the same is hereby approv- ed, that conveyance shall be by Quit Claim Deed, tha]t no abstract of title will be furnished and said conveyance shall be subject to reservation by the City of Dubuque, Iowa of a perpetual easement for utilities and for ingress and egress to repair and maintain the same, Sz~tlon 2. The the Mayor and City Clerk be and they are authorized and di- rected to execute said deed of convey- ance and the City Clerk be and he is here- by authorized and directed to deliver said deeds of conveyance to the grantees upon paymen~ of the respective pur- chase prices in full. $~gfion 3. That the City Clerk be and he is hereby authorized and directed ~o record certified copy of this Resolution in the office of the Dubuque County corder and the City Assessor. Passed~ adopted, and approved this 4th day of February, 1980. Carolyn Farrell Mayor John L. Felderman D. Michael King Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member King moved adop- tion of the Resolution. Sec'onded by Regular Session February 4, 1980 35 Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mere- 'bets Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Proof of Publication, certified to by the Publisher, of Notice of Hearing per- mitting structure at 409 Bluff Street to be declared architoeturally significant, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Pratt moved that the proof of publication be received and filed. Sec- onded by Council Member King, Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Felderman, King~ Pratt. Nays-None. Absent-Council Member Brady. RESOLOTION NO. 27-80 A Resolution Designating as Histori- cally and Architecturally Significant the Properly Hereinafter Described, Pursuant to the Requirements of Ordi- nance No. 32.75. WHEREAS, the City Council has heretofore passed, approved and adopt- ed an Ordinance permitting structures with historical or architectural signifi- cance to be used for certain low-intensity commercial uses; and WttEREAS, the City Council has re- ceived a request to designate the struc- ture situated on the real estate herein- after described as being architecturally or historically significant for the pur~ poses of Ordinance No. 32~7,5~ and WHEREAS, the City Council has held a public hearing and has received and re~ viewed the comments of the City Histor- ic Preservation Commission, the County Historical Society and the State Historic Preservation Officer regarding the his- torical and architectural significance of said structure: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure located on the real estate hereinafter described be and the same is hereby deemed and found to have historical and architectur- al significance, which r~al estate is de- scribed as follows: Lot 2 of the Subdivision of Lot I of "J.M. Walker Bluff Street Place" in the S.W. % of N.E. % of Section 25, T.89N, R,2E of the 5th P.M., in the City of Dubuq0e, Iowa. This property is locally known as 409 Bluff Street. $ogtion 2. That the passage and adop- tion of this Resolution is in conjunction with and in accordance with Ordinance No. 32-75. Passed, adopted, and approved this 4th day of February, 1980. Carolyn Farrell Mayor John L. Felderman D. Michael King Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of thc Resolution. Seconded by Council Member King, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felder~nan, King, Pratt. Nays-None. Absent-Council Member Brady. Petition Of Friendship Force of Dubu- q ue, requesting the use of Five Flags on May 23, 1980 and the use of Eagle Polar Park on May 31, 1980, at no cost to them for the Friendship Force exchange acti- vity, presented and read. 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 King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Phyllis Tabak, Exchange Director of Friendship Force of Dubuque spoke to the petition advising total of $850.00 is needed for Five Flags and $85.00 for Eagle Point Park. Council Member Pratt moved tha~ the )elation be received and filed and amounts so requested be allocated from Council Budget and receipted to proper City Departments. Seconded by Mayor Farrell. Carried by the following vote: Yeas-Mayor Farreli, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Council Member King moved that Friendship Force be required to submit annual report to City Manager request lng estimated funds needed. Seconded by Council Member Felderman. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Petition of Michael F. Behnke et al (26 signatures) requesting the installation of a street light in the 750-820 Block of Berkley St., presented and read. Council Member King moved that thc petition be referred to the City Manager 36 Regular Session February 4.1980 and Electrical Inspector. Seconded by Council Member Felderm~n. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Petition of VFW requesting permis- sion to conduct their annual poppy sale on May 16th and May 17th. 1980. pre- sented and read. Council Member King moved that the petition be approved subject to final ap- proval by the Uity Manager. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Petition of St. Patrick's Day Commit- tee requesting permission to conduct a parade on March 17.1980. presented and read. Council Member King moved that the petition be received and filed and ap- proved subject to final approval of the City Manager. Seconded by Council Member PraLt. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt Nays-None. Absent-Council Member Brady. Petition of Clem Hayes requesting the vacation of a portion of Elbow Street from south entrance on Edith Street 200 feet north to the end of Lot 164, present- ed and read. Council Member King moved that the petition be received and filed and refer- red to City Manager and Staff, Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bors Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Petition of Salvation Army request- lng permission ~o sell their annual Easter War Cry magazine between Feb- ruary 18~ 1980 thru March 31. 1980. pre~ seated and read. Council Member King moved that the petition be approved subject to final ap- proval of the City Manager. Seconded by Council Member Felderman, Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bets Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Communication of City Manager sub. mitring a resolution recommending re- peal of Council action of March 18, 1974. which implemented the cos~ of living proposal, oresented and read, Council Member King moved that the communication be received and filed. Seconded by C6uncil Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. RESOLUTION NO. 28-80 WHEREAS, the City Council at their meeting of March 18~ 1974 upon motion. and by majority vote. directed the imple- mentation of a cost of living proposal for all of its City employees: and WHEREAS. it is now deemed to be in the best interest of the City of Dubuque to repeal its action of that date imple- menting a cost of living proposal for all of its City employees: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section t. That the action of the City Council at its March 18. 1974 meeting of going on record as directing the imple- mentation of a cost of living proposal for all of its City employees is hereby re- pealed and of no further force or effect. Passed. adopted, and approved this 4th day of February, 1980 Cai'olyn Farrell Mayor John L. Felderman D. Michael King Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell Council Mem- bers Felderman. King. Nays-Council Member PratL Absent-Council Member Brady. ORDINANCE NO. 3-80 AN ORDINANCE OF THE CITY DF DU. BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF TH E CITY OF DUBUQUE, IOWA BY AMENDING ORDINANCE NO. 19-77 AND AMEND- ING ORDINANCE NO. 20.77 BY STRIKING THEREFROM THE PROVI- SIONS RELATING TO COST OF LIV- ING INCREASES, presented and read. Council King moved that the reading just had be considered the first reading of the Ordinance, Seconded by Council Member Felderman. Carri6d by the fol- lowing vote: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-None, Absent-Council Member Brady. Council Member King moved that the rule requiring an Ordinance to be re- Regular Session, February 4, 1980 37 ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Carried by the lowing vote: Yeas-Mayor Farrefi, C0uncil Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady, ORDINANCE NO. 3,80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AMENDING ORDINANCE NO. 19.77 AND AMEND. lNG ORDINANCE NO. 20-77 BY STRIKING THEREFROM THE PROVI- SIONS RELATING TO THE COST OF LIVING INCREASES. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. I9-77 of the City of Dubuque, Iowa be and the same is hereby amended by repea lng the provision thereo~' providing for the cost of liviny increase and such provi. sion shall be of no further force or effect. Section 2. That Ordinance No. 20-77 of the City of Dubuque, Iowa be and the same is hereby amended by repealing the provision thereof providing for the cost of living increase as pertains to the salary of the City Council members and such provision shall have no further force or effect. Passed, adopted, and approved this 4th day of February, ]980. Carolyn Farrell Mayor John L. Felderman D. Michael King Michael W. Pratt ATTEST: Council Members Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of Feb- ruary, 1980. Leo F. Frommelt City Clerk It 2/8 Council Member King moved final adoption of the O[,dinance. So,rended by Council Member I~ elderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. ORDINANCE NO. 4.80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA BY REPEALING SEC. TION 2-68 OF ARTICLE III, DIVISION 1 AND ENACTING A NEW SECTION 2-68 OF ARTICLE III, DIVISION 1 IN LIEU THEREOF PROVIDING FOR THE BI.WEEKLY PAYMENT OF SALARIES OF OFFICERS APPOINTED BY THE CITY COUNCIL, SAID Ordinance having been tabled at the Council Meetlngof January 22,1980, )resented and read~ Council Member King moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Councfi Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Council Member King moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken be dis- pensed with. Seconded by Council Mem- ber Fe)derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays None. Absent,Council Member Brady. ORDINANCE NO. 4.80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BY REPEALING SEC- TION 2-68 OF ARTICLE II1~ DIVISION 1 AND ENACTING A NEW SECTION 2-68 OF ARTICLE III, DIVISION I IN LIEU THEREOF PROVIDING FOR THE BI-WEEKLY PAYMENT OF SALARIES OF OFFICERS APPOINTED BY THE CITY COUNCIL, NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinanc- es of the City of Dubuque, Iowa be amended by repealing Section 2-68 of Article III, Division I thereof and enact- mga new Section 2-68 of Article III, Di- vision lin lieu thereof to read asf ollows: "ARTICLE IIl Division 1. Sec. ~-68. Officer's Salaries. The annual salaries of the office rs ap- pointed shall be as from time to time provided by the City Council, which shall be paid in bi-weekly install- ments to each officer entitled there- Passed, adopted, and approved this 4th day of February, 1980. Carolyn Farrell Mayor John L~ Felderman D. Michael King Michael V~ Pratt Council Members 38 Regular Session. February 4, 1980 A TTEST~' Leo F. Fromm~ It City Clerk Published officially ~n the Telegraph Herald Newspaper this 8th day of Fe b- runty, 1980. Leo F. Frommelt City Clerk I t 2/8 Council Member King moved final adoption of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman, King, Pratt Nays-None. Absent-Council Member Brady. ORDINANCE NO. 5-80 AN OR DINANCE OF THE CITY OF DU. BUQUE. IOWA, AMENDING THE CODE OF ORDINANCES. CITY OF DU- BUQUE, IOWA, BY REPEALING SEC. TION 2-81 OF ARTICLE Ill, DIVISION 2 THEREOF AND ENACTING A NEW SECTION 2.81 TO ARTICLE III. DIVI. SION 2. IN LIEU THEREOF PROVlD. lNG FOR THE ELECTION OF A MAYOR AND A MAYOR PRO TEM said Ordinance having been tabled at the Council Meeting of January 22. 1980, presented and read. Council Member King moved that the reading just had be considered the firsl reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas~Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Council Member King moved thai the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken. be dispensed with. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor FarrelL Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. ORDINANCE NO. 5-80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA. AMENDING THE CODE OF ORDINANCES, CITY OF DU* BUQUE, IOWA. BY REPEALING SEC. TION 2.81 OF ARTICLE Ill, DIVISION 2 THEREOF AND ENACTING A NEW SECTION 2-81 TO ARTICLE III, DIVI- SION 2, IN LIEU THEREOF PROVID. lNG FOR THE ELECTION OF A MAYOR AND A MAYOR PRO TEM. NOW THEREFORE BE IT ORDAIN* ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinanc- es, City el'Dubuque, Iowa be amended by repealing Section 2-81 ¥ Article III Division 2 thereof and enactment a ne~ Section ~81 to Article III, Division ~. in lieu thereof providing fi~r the election of a Mayor and Mayor Pro-Tem to read as ~bllows: "ARTICLE III Division 2. Sec. 21. Election Term The City Council shall elect one of its members as Mayor and one of i~s members as Mayor Pro Tom Such election shall be made at the first Council meeting in January of each year. The terms of both the Mayor and Mayor Pro Tern shall be lot one year. ' Passed, adopted, and approved this ~th day of February, 1980. Carolyn Farrell Mayor John L. Felderman D. Michael King Michael V~ Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of Feb. ruary, 1980 Leo F. Frommelt City Clerk I t 2/8 Council Member King moved final adoption of the Ordinance. Seconded by Council Member Felderman. Untried by the following vote: Yeas~Mayor Farrell. Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. ORDINANCE NO. 6.80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BY REPEALING SEC- TION 2-104 OF ARTICLE III, DIVISION 3 THEREOF AND BY ENACTING A NEW SECTION 2.104 TO ARTICLE III, DIVISION 3, IN LIEU THEREOF PRO. VIDING FOR AN OFFICE FOR THE CITY MANAGER, said Ordinance having been tabled at the Council Meeting of January 22, 1980. presented and read. Council Member King moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Council Member King moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the Regular Session, meeting when final action is taken be dis- pensed with. Seconded by Council Mem- ber Felderman. Carried by the following Yeas-Mayor Farrell, Council Mem~ bors Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. ORDINANCE NO. 6-80 AN ORDINANCE OF TH E CITY OF DU- BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES. CITY OF DU- BUQUE, IOWA, BY REPEALING SEC- TION 2.104 OF ARTICLE Ill, DIVISION 3 THEREOF AND BY ENACTING A NEW SECTION 2-104 TO ARTICLE Ill, DIVISION 8, IN LIEU THEREOF PRO- VIDING FOR AN OFFICE FOR THE CITY MANAGER. NOW THEREFORE BE IT ORDAIN. ED BYTHE CITY COUNCIL OF THE CI- TY OF DUBUQUE, IOWA: Section 1. That the Code rlf Ordinanc- es of the City of Dubuque, Iowa be amended by repealing Section 2-104 of Article III. Division 3 thereof and enact- zn9 a new Seclion ~-104 to Articl~ III, Division $. in lieu thereof to read as fei- tows: "ARTICLE IlL DIVISION 3. Sec. ~-10~ Offic( The Manager shall have his office at the City Hall. which office shall be open on all days, Saturdays, Sundays and holidays excepted, for the trans- action of business for the City." Passed. adopted, and approved this 4th day of February, f980. Carolyn Farrell Mayor John L. Felde~man D. Michael King Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of Feb. runty, 1980, Leo F. Frommelt City Clerk Council Member King moved final adoption of the Ordinance, Seconded oy Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays~None. Absent-Council Member Brady. Communication of City Manager sub- mitting a resolution as part of process re- quired ~o obtain Community Develop~ merit Block Grant Funds for the pur- chase of land for Radford Road Industri- al Project, presented and read. February 4, 1980 39 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 Mom bors Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. RESOLUTION NO. 29.80 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Developmenl Block Grant Project. WHEREAS. the City of Dubuque has entered into Grant Agreement B-79-MC-19-0004 with the U.S. Deparr- men[ of Housing and Urban Develop- ment, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974: and WHEHEAS. pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban De~velopmen[. environmental review has been processed for the project here- inafter to be described [o be fimmced with Community Development Block Grant Funds: and WHEREAS. an Ad Hoc Environmen- tal Review Committee has after due con- sideration made a determination thai the project is not a major Federal artier significantly affecting the quality of the human environment: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thai the City Clerk be and he is hereby authorized and directed to publish a Notice of Findingof No Signifi~ cant Effect on the Environment for the following identified project, and to make the Environmental Review Board for said project available for public inspec~ tion. Such notice shall be in the form of Exhibit "A' attached harem and made a part hereof. Radford Road Industrial Park Land Purchase Section 2. That the City o£ Dubuque hereby dec]ares its intent to adop~ a res- olution at its meeting of March 3. 1980. authorizing the submission of a requesl £o the U.S. Department of Housing and Community Development Act of 1974, to undertake the project. Passed, adopted, and approved this 4th day of February, 1980. Carolyn Farrell Mayor John L. Felderman D, Michael King Michael W. Pratt ATTEST: Council Members Leo F. Frommelt City Clerk 4O Regular Session February 4, 1980 EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmeotal pro- cedures for the Community Develop~ meat Block Grant Program, the City of Dubuque has prepared a Notice of Find- ing of No Significant Effect on the Envi- ronment for the ProJect identified as fei- tows to be undertaken under Title I of the Housing and Community Develop- ment Act of 1974. Radford Road Industrial Park Land Purchase The City of Dubuque has found that this Project has no significant effect on the environment based on the following facts and reasons. 1. Assessment o~ the nature, magni- tude, and duration of any adverse and positive impacts: 2. Consideration of alternatives ~o the Project, commitment of resources. known views of local groups, mea- sures which can be instituted to les- sen potential adverse impacts and to enhance the environment: 3. No loss of unlque environmental re- d. No irreversible development trends: 5. A mimmmn occurrence of adverse effects tha~ cannot be avoided: and 6. No impacts on properties pos- sessing historical, archaeological, architectural or cultural signifi- The City of Dubuque has made an En- vironmental Review Record for this Pro- ject, and has placed this record on file in the office of the City Clerk in City Hall, 13th and Central Streets, Dubuque, Iowa. This environmental record is available for examination and may be copied between 8:00 AM and 5:00 PM daily except Saturdays, 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 and Urban Development ;o release funds authorized by the Housing and Community Development Act of 1974 for the Project. Comments may be submitted to the City of Dubuque until 12:00 Noog. Fri- day, February 22, 1980 addressed Lo Mayor of the City of Dubuque, City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and Published February 5. 1980, Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman, Carried by the following ye;e: Yeas-Mayor Farrell. Council Mem- bers Feldermag. King, Pratt. Nays-None. Absent-Council Member Brady. Proof of Publication. certified to by the Publisher. of Notice of Rearing of no significant effect on the environment for Cooper Street Step IAghting Project, presented and read, Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas~Mayor Farrelh Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Communication of City Manager re- q nesting adoption of a resolution a uthor- izing submission of a request for release of funds for the Cooper Street Steps Lighting Project, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the fo]lowing vote: Yeas-Mayor Farrefi, Council Mem- bers Felderman. King, Pratt. Nays-None, Absent-Council Member Brady. RESOLUTION NO. 30.80 Authorizing Submission of a Requesl for Release of Funds for Certain Com- munity Development Block Grant Pro- Jects. WHEREAS. the City of Dubuque in conformance with the Environmental Review Procedures for the Community Block Grant Program convened an ad hoc committee on December 19, 1979. and completed an Environmental As- sessment of the following identified pro- posal (project) with Community Devel- opment Block Grant funds: and Cooper Street Steps Lighting WHEREAS. pursuant to Resolution No. 5-80 adopted January 7, 1980, Public Notice of a "Finding of No S~gnificant Ef- fect on the Environment" for the propos- al (project) was published January 8, 1980. in the Dubuque Telegraph Herald. a newspaper of general circnlatiou, and provided for a public comment period until 12:00 Noon. Friday, January 25. 1980: and WHEREAS. Public Notice of a "Find- ing of No Significant Effect on the Envi- ronment'' for the proposal (project~ was sent by regular mail to ~arious Federal, state and local public agencies and to the local news media, individuals and groups known to be interested ~tnd believed to be appropriate to receive such a Public Notice: and WHEREAS. any and all objections, if any, to such proposal have been duly con- sidered; and Regular Session wHEREAS,it is the intent of the City Council tO authorize tile submission of a request to tho U.S, Department of Hous- ing and Urban Development for release Of funds under the said Act to carry out the above identified project; NOV/THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA~ Section L That the Environmental Review Record for the proposal (project) shall continue to remain on file in the Of- fice of the City Clerk, where said record may be examined and copied by any in- terested party, Section 2, That the Mayor of the City of Dubuque is hereby authorized and dj- rected to submit to the U,S, Department of Housing and Urban Development a re- quest for release of funds to undertake the said Project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a respon- sible Federal official under the National Environmental ProteCtion Act, insofar as the provisions of the said Act apply to the U.S, Department of Housing and Ur~ ban Development's responsibilities for review, decision-making, and action as- sumed and carried out by the City of Du- buque as to environmental issues. Section d. That the Mayor of the City of Dubuque is hereby authorized to sent personally, in his olficial capacity and on behalf of the City Of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environ- mental reviews, decision-making and ac- tion. Section 5. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a Certifica- tion pertaining to the environmental re- view procedures. Section 6. That the City Clerk be and he is hereby authorized and directed to publish a public notice for a Request for Release Of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted, and approved this 4th day of February, 1980. Carolyn Farreil Mayor John L. Felderman D. Michael King Michael W. Pratt Council Members ATTEST: Leo F. Frommelt city Clerk "EXHIBIT A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community February 4,1980 41 Development Block Grant Program, the City of Dubuque intends to file a request for Release of Funds for the following Project: Cooper Street Steps Lighting The City of Dubuque has made an En- vironmental Review Record for the pro- ject, and has placed this record on fileia the Office of the City Clerk in City Hall, 13th and Central Streets, Dubuque, Iowa, where said records may be exam- ined and copied between the hours of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM on the 29th day of February, 1980~ The name of the applicant is the City of Dubuque~ Iowa, and the Chief Execu~ tire Officer of the applicant is Carolyn Farrell. The mailing address for both the applicant and the Chief Executive Offi- cer is City Hall, 13th and Central Ave- nue, Dubuque, Iowa. The City of Dubuque will undertake the project described above with Block Grant Funds from the U.S~ Department of Housing and Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Caro- lyn Forte]l, in her official capacity as' Mayor, consent to accept the jurisdic- tion of Federal Courts if any action is brought to enforce responsibilities in re- lation to environmental reviewS, deci- sion-making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the Block Grant Funds and HUD will have satisfied its responsibili- ties under the National Environmental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: (a) That the certification was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD; or (b) That applicant's environ- mental review record for the project in- dicates omission of a required decision, finding, or step applicable to the project in the environmental review process. Objections must be prepared and sub- mitted in accordance with the required procedure (24 cfr Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the re- lease of funds on bases other than those stated above will not be considered by HUD. No objection received after the 29th day of February, 1980 will be con- sidered by HUD. Comments may be submitted to the City of Dubuque until 12:00 Noon, Fri- 42 Regular Session, FebruarY 4, 1980 day, February 29, 1980; addressed to Carolyn Farrell, Mayor of the City of Du- buque, City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and published February 5, 1980. Leo F. Frommelt City Clerk Council Member Felderman moved adoption of the Resolution, Seconded by Council Member King, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Communication of City Manager sub- mitting evaluation and recommendation of Word Processing Systems recom- mending that the City Manager be authorized to enter into an agreement with A. B. Dick for the lease of one cen- tral processing unit, one visual display device and one printer, not to exceed $565 per month; presented and read. Council Member Pratt moved that the City Manager be authorized to enter in- to agreement for processing unit not to exceed $565 per month. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None, Absent-Council Member Brady. Communication of HUD advising of their receipt of an application to develop housing for the handicapped from Credo in Vita Inc, covering 2 one-story, 12 units on Stafford Street, presented and read. Council Member King moved that the communication be received and filed and Mayor authorized to sign a letter indi- cating an interest in accordance with long range goals and approve project, Seconded by Council Member Folder- man. Carried by the following vote: Yeas~Mayor Farrell, Council Mem~ bors Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Communication of DOT submitting a supplemental statement for review and comment for U.S. #20 (Dodge Streetl in Dubuque County, Project F-20-9 and re- questing informational or comment re- turn nolater than March 10th, presented and read. Council Member Pratt moved that the communication be received and filed and referred to City Manager and Staff for appropriate action. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady, Cmnmunication of Ben Miehe subnfit- ting bis resignalion from the Rehah. Commission, presented and read. Council Member King moved thgt the communication be received and filed and resignation accepted with regret. Sec- onded by Council Membe~ Pratt~ Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Communication of Elaine E, Kaufman submitting her resignatlon from the Rehab. Commission, als0 from the Com- munity Development Commission, pre- sented and read. Council Member King moved that the communication be received and filed and resignation ac~cepted with regret. Sec- onded by Council Member Pratt. Car~ riod by the following vote: Yeas~Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Communication orR. M. Strub submit- ting his resignation from the Rehab. Commission, presented and read. Council Member King moved that the communication be received and filed and resignation accepted with regret: Sec- onded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor FarreB, Council Mem- bers Felderman, King, Pratt. Nays~None. Absent-Council Member Brady. RESOLUTION NO~ 31.80 BE IT RESOLVED, By the City Coun- cll of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cig- arettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Target Store Inc. - Warren Mall. Richard Winsor and James Clark - 253 Main Street. M.K.C. Ltd. Inc. - 815 Century Drive. Rose Marie Montgomery and Shirley Fromme]t -- 1400 Central Ave. Passed, adopted, and approved this 4th day of February, 1980. Carolyn Farre]l · Mayor John L. Feldcrman D, Michael King Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk C uric ] Memt er King moved adop- Regular Session lion of the Resolution. Seconded by Council Member Felderman. Carried by the following vo~e: Yeas~Mayor Farrell. Council Mem- bers Felderman, King, Pratt.. Nays-None. Absent-Council Member Brady. RESOLUTION NO. 32.80 WHEREAS. Applications for Lblnor [ficenses have been submitted to this Council for approval and the same havu 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 thc fol- lowing named applicants a Liquor CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dorothy Shaffer (Also Sunday Sales) - 1103 Iowa St Rita Clancy - 20I East 22nd St. Lorraine A. Fransen -- 1100 Lincoln Ave. Passed. adopted, and approved this 4th day of February, 1980. Carolyn Farrell Mayor John L, Felderman D. Michael King Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member King mow~d adop- tion of the Resolution, Seconded by Council Member Felderman. Carried by the following vote: Yeas~Mayor Farrell C~>unciI Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Communication of League of Women Voters urging the Council to use every effective means of opening its budget process to the citizens, presented and read. Council Member King mow~d that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem~ bors Felderman. King, Pratt, Nays-None, Absent-Coum'.il Member Brady. Communications of Agnes Deppe, Elizabeth Donahue and Uliff Walsh re- questing that Area C be named Captain Schmitt Memorial Park and the road Ad* miral Sheehy Road, presented and read February 4,1980 43 Council Member Felderman moved that the communications be received and filed. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays~None. Absent-Council Member Brady. Communication of Dubuque Fedeva- lion of Labor requesting that the ambu- lance service be left as it is. to be operat- ed and supported by the City, presented and read. Council Member King moved that the communication be received and filed and referred to the Ambulance Study Task Force. Seconde~ oy Council Member Felderman. Carried by the following Yeas-Mayor FarreI1. Council Mem- bers Felderman. King, Pratt. Nays-None. Absent~Council Member Brady. Communication of Natural Resources Council. addressed to Iowa DOT sue- mitring a Council order approving plans. specifications, e~c.. subject to certain conditions relative zo 16th ~treet and Highway 561 Bridges over thc Missmsip- oi River, presented and read Council Member King moved that the communication be relbrred to the City Manager and Staff. Seconded by Council Member Felderman. Carried by the fol- lowing vo~e: Yeas-Mayor Farrell. Council Mom bors Felderman. King, Pratt. Nays-None. Absent Council Member Brady. Communication nf Peoples Natural Gas reflecting a downward adjustment on natural gas rate affecting all firm cus- tomers of .092¢ per one hundred cubic foot, presented and read. Council Member King moved that the communication be received and filed. Seconded ov Council Member Folder man. Carried by the following vote: Yeas~Mayor Farrel Council Mem~ bors Felderman. King, Pratt. Nays-None. Absent Council Member Brady. MINUTES SUBMITTED & lCable TV Commission of 12-4~79 Housing Commission of 1-19-8U 1-15 80: Airport Commission of 1-I0-SU: Recreation Commission of 144 80' Tran sit Trustee Board of 1-10-80 and their Earning Statement for December. 1979: tfistoric Preservation Commission l-8.80 & 143-80: Five Flags Center Corn mission of L22-80, presented and read. Council Member King moved that the minutes be received and filed. Seconde~ by Council Member Pratt. Carried by Lhe following vo[e: Yeas~Mayor Farrell. Council Mem. 44 Regular Session, February 4. 1980 bets Felderman. King. Pratt. Nays-None. Absent-Council Member Brady. Communication el Corporation Coun- sel advising that no liability on the part of the Cily exists in the claim of Leonard Oswald. due to going over a railroad crossing, presented and read. Council Member King moved that the communication be received and filed and approved. Seconded by Councfi Member Pratt. Carried .y the tbllowing vote: Yeas~Mayor Farrell. Council Mem- bers Felderman, King, Pratt Nays-None. Absent-Council Member Brady. Communication of Corporation Count scl advising settlement of the Daniel J. Pluemer claim has been amicably settled without cost to the City, presented and read. Council Member King moved that the communication be received and filed and settlement ~tpproved. Seconded by Council Member Pr~ttt. Carried by the following vole: Yeas-Mayor FarrelL Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Commumcation of Corporation Coun- sel recommending denial of claim of Narold Langman, no liability on part of the City, presented and read. Council Member King moved that the commumcation be received and filed and recommendation el denial approved. Seconded by Council Member Prat~. Carried by the followiug yore: Yeas-Mayor Farrelk Councfi Mem bets Feiderman. King, Pratt. Nays-None. · bsent-Council Member Brady. Communication el Corporation Coun- sel recommending denial of personal in jury claim of Terry Joseph Nolan. no li- ability on part of the City, presented and read. Counefi Member King moved that the communication be received and filed and recommendation of denial approved. Seconded by Council Member Pratt. Carried by the foIIowing vote: Yeas-Mayor Farrell. Council Mom hers Felderman. King, Prat£. Nays-None Absent-Council Member Brady. Communication of Corporation Counsel recommending denial of car damage claim of Ralph Grabow, no liabil- ity on part of the City, presented and read. Council Memner King moved that thc communication be received and filed aha recommendation o~ denial approved. Seconded by Council Member Pratt. Carried by the tbllowing vote: Yeas-Mayor Farrell Council Mem- bers Felderman. King. Pratt. Nays-None. Absent-Council Member Brady. Communication of Corporation Coun~ scl recommending denial of ear damage claim of Helen M. Holz, presented and read. Council Member King moved that the communication be received and filed and recommendation of denial approved. Seconded by C6uncil Member Prat;. Carried by the following vole: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-None Absent-Councfi Member Brady. Communication of Corporation Coun- sel advising of case of Thomas J. & Ruth E. O'Malley praying for deletion or re- duction from ~t proposed special assess~ ment is now closed for want of prosecu- tion (1977 Wilbur St. paving assess. men;~, 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 Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. NOTICES OF CLAIMS - Faber Music Co., in the amount of $1,162.07, for damage incurred as the result of a backed-up sanitary sewer at 1157 Cen- tral Ave. on 12-26-80: Catherine M. Vogel, in an undetermined amount, for personal injuries received in a fall on the west side of the Cil.v ttull sidewalk or lq4-80: Notice from fl. S. Bankruptcy Court of notice of final creditors in re gard to Gary Licht et al, presented and read. Council Member King moved that the Notices of Clailns be referred to the Cor- poration Counsel..qeconded by Council Member Pratt. Carried by the following Yeas Mayor Farrel] Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Communication of Planning & Zoning Cor~mission submitting a copy of recent z, onlng an~endments up to January 22. 1980, presented and read. Council Member King moved that tbe communication be receivea and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman. King Pratt. Nays-None. Absent-Council Member Brady. Cmnmunieation of City Manager sub- mitting monthly reports of the City Regular Session Finance Director, also list of aims for December. 1979. presented ~l read. Council Member King moved thai the communication be received and filed. Seconded by Council Member Pratt. Oarried by the following vote: Yeas-Mayor Farrefi. Council Mem- bers Felderman. King, Pratt. Nays~None. Absent-Council Member Braoy. Proof of Publication. certified to by the Publisher, of Receipts and Disburse- ments for the month of December, 1979. presented and read. Council Member King moved that the proof of publication be received and filed, Seeonded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Council Proceedings for the month of November. 1979. presented for Council approval, Council Member King moved that the CouneiI Proceedings be approved as printed. Seconded ay Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrel] Council Mere hers Pelderman. King, Pratt. Nays-None. Absent-Council Member Brady. Petition of Alfred Brandt requesting a refund of $422.50 on the expired portion of Beer-Liquor License No. LC9779, dis- continued business on 12-1-79, presented and read. CounciI Member King moved that the refund be approved and City Auditor di- rected to issue proper warrant. Second- ed by Council Member Pral ;~ Carried by the following vote: Yeas~Mayor Farreil, Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. There being no further business. Council Member King moved to adjourn. Seconded by Council Member Felder- ~nan. Carried by the following vote: Yeas~Mayor Farrefi. Council Mere bets Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Leo F. Frommel~ City Clerk February 4,1980 45 Approved ..................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk 46 Agenda Briefing Session, February 13, 1980 CITY COUNCIL OFFICIAL Agenda -- Briefing Session, Febru- ary 13, 1980. Council met al 4:15 P.M. IC.S.T.) Present,CouncR Members Brady, Felderman. King, Pratt. Absent. Mayor Farrell Mayor Pro Tern King called the coun- cil to order in the absence of Mayor Far- roll. The City Clerk presented and read the proposed agenda for the special Council meeting called for Monday, Feb~ ruary 18, at 7:30 P.M~ Item #8 relative ko action of the City Attorney was explained by Corporation Counsel Russo. Item #20 remtive to designation of 25 acres on Harem Island was discussed by the Council with thu City Manager & Public Works Director Frank Murray. At the conclusion of the briefing scs sion at 4:40 P.M. Council Member Brady moved to go into executive session to discuss labor s~ra~egy of the Public Em~ ployer. Seconded by Council Member Fe~derman. Carried by the following Yeas-Mayor Pro-Tern King, Council Members Brady, Felderman. Pratt. Nays-None. Absent-May~r Farrell The City Manager indicated that the Council would be exempt under the open meeting law pursuant to Sec. 20.17 13) of the 1979 Iowa Code. relative to collec- tive bargaming. Leo F. Frommeh City Clerk Approved ...................... 1980 Adopted ....................... 1980 CounciJ Members ATTEST: C~ty C] rk Special Session February 18, 1980 47 CITY COUNCIL OFFICIAL Special Session, February 18, 1980, COuncil met at 7:80 P,M. (C.S.T). Present. Mayor Farrell, Council Members Brady, Felderman, King, Pratt. City Manager W. Kenneth Gear- hart. Mayor Farrell read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of CONSIDERING FrNAL ADOP- TION OF ORDINANCES RELATIVE TO REZONING OF VARIOUS PROP- ERTIES and acting upon such other business as may properly come heft)re Regular Meeting of the Council. Proclamations proclaiming week of FeSruary 17 to 23 as "National Engi- neer's Week" and month of March as "Mental Retardation Month"were read and so proclaimed by Mayor Farrell. Proof o[ Publication, certified to hy the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance to re- classify the property at 1075 University Avenue from R-3 Residential to OR-1 Of lice Residential Classification, pre sented and read. No written objections were filed and no oral objectors were present i~ the Council Chambers at the time set for the hearing, Council Member King moved that the proof of publication 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. ORDINANCE NO. 7-80 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 RECLASSIFYING PROPERTY AT 1075 UNIVERSITY AVENUE FROM R-3 RES* IDENTIAL DISTRICT CLASSIFICA. TION TO OR-1 OFFICE-RESIDENTIAL DISTRICT CLASSIFICATION, said Ordinam~e having been previously presented and read at the Council Meet ing of January 22, 1980, presented for filial adoption. ORDINANCE NO. ?-80 AN ORDINANCE OF THE CITY OF DU- BOQUE, 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 RECLASSIFYING PROPERTY AT 1075 UNIVERSITY AVENUE FROM R,3 RES. IDENTIAL DISTRICT CLASSIFICA. TION TO OR-1 OFFICE. RESIDENTIAL DISTRICT CLASSIFICATION. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE Cl. TY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinanc- es of the City of Dubuque, Iow(~ be amended by revising Appendix A there- of, also known as the "Zoning Ordina~ce and Zoning Map of the City of Dubuque, [owa~ "to recla~si]~ hereinafter describ- ed property y~vm "R-3 Residential Dis- trier'classification to "OR.I Office-Res- Lot ~ of Lot I and Lot ~ of Lot 1 of Lot l of Slattery's Subdivision in the City of Dubuque, Dubuque County, Iowa. Passed, adopted, a~d approved this 18th day of l4'ebruary, 1980. Ca~'olyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST:' Leo F. l~¥ommelt City Clerk Publikhed ojj~cially in the Telegraph Herald Newspaper this 25th day of February, 1980. It 2/25 48 Special Session. February 18, 1980 ORDINANCE NO. 8.80 AN OR DINANCE OF TH E CITY OF DU. BUQBE. IOWA, PROVIDING THAT THE CODE DF 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 RECLASSIFYING PROPERTY ATTHE SOUTHEAST CORNER OF DODGE AND YORK STREETS FROM R.2 RESI. DENTIAL DISTRICT CLASSIFICA- TION TO OR-1 OFFICE RESIDENTIAL DISTRICT CLASSIFICATION. said Ordinance having been previously presented and read at the Conncil Meeting of January 22, 1980, presented for final adoption. ORDINANCE NO. 8-80 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, IOWAJ' BY RECLASSIFYING PROPERTY AT THE SOUTHEAST CORNER OF DODGE AN D YORK STREETS FROM R-2 RESI- DENTIAL DISTRICT CLASSIFICA- TION TO OB.1 OFFICE RESIDENTIAL DISTRICT CLASSIFICATION, NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinanc. es of the City of Dubuque, lowtr be amended by rewsing Appendix A there- r,f, also known as the 'Zoning Ordinance and Zoning Map of lhe City of Dubuque, Iowo, "to reclassi/~y hereinafter describ- ed property from 'R-2 ResidentiaI Dis- trict"classtfication lo "OR.1 Office-Res- Lot 1 oiler 1 r~fLot 2 of Lot 5, Lot I of Lot5. Lot 2 of Lot l of Lot 2 qf Lot 5 Lot 5B, Lot 5C, Lot 5D, Lot 5~ and Lot 2 of Lot 2 !fiLet 5 all o; S~bdivi- s~on o! part o/Mineral Lot 1~9 and part of Mineral Lot 62 in the City of Dubuque, Dubuque County, Iowc~ Section 2. That the jbreaomg amend- ment has her, tolbre been approved by the Planning and Zoning Commission of ah( City of Dubuq*w, Iowa Passetk adopted, and approved this 18th gaI~ of February, 1980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James 1,2. Brady Council Members A TTJ~JS T: Leo F. Frommelt City Clerk Published officially tn the Telegraph Herald Newspaper this 25th day of Feb- ruary, 1980. Leo F. Frommelt City Clerk 1 t 2/25 Council Member King moved final adoption of the Ordinance. Seconded by Council Member Felderman. Carried by [he following vote: Yeas~Mayor Farrell, Council Mem. bets Brady~ Felderman. King, Pratt. Nays-None. Communication of Planning & Zoning Commission requesting concurrence in the denial of Schlitz Development Corp. for reclassification of proper~y on Penn- sylvania and Donowtn Drive ~rom Residential ~o'C-2 Local Service Com- mercial District, presented and read. Council Member Pratt moved to sus- pend the rules to lei anyone present ad- dress the Council if they so desire. Sec- onded by Council Member Felderman. Carried by the following vole: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Attorney Leo McCarthy, represent- ing Schlitz Development Corp., address- ed the Council requesting that a public bearing be held on the request; Due pro- cess to be heard: Of opinion that petition. er be given chance to speak. Council Member Brady moved that the communication be received and filed and Council concur with recommenda- tion to DENY reclassification on proper- ty on Pennsylvania & Donovan Drive. 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 City Manager sub- mitting a resolution relative to Down- town Development-Solicitation of pro- posals to enter rote a Developer Desig- nation Agreement, 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. King, Pratt. Nays-None. RESOLUTION NO. 33-80 Authorizing the Solicitation of Formal Proposals for Designation as Develop. er for Certain Land in the Downtown' Urban Renewal Pro|ect, iowa R-15 WHEREAS. under the date of July 26, 1967, the ,C, ity of Dubuque, pursuan[ to Chapter 403 of the Iowa Code. and the Special Session, February 18, 1980 United States o£ America entered into a Loan and Capital Grant Contract for th, undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date 0I May i8, 1967, the Council of the City of Dubuque, after Public Hearing, adopted an Urban Renewal Plan for the said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is record- ed in the Office of the Recorder of Dubu- que County,Iowa, in Book 295 of Mort- gages, Pages 235 to 259; and WHEREAS, pursuant [o such Urban Renewal Plan and Loan and Capital Grant Contract, the City of Dubuque has acquired land, relocated site occupants, removed structures and other improve- ments, constructed site improvements and public facilities, and marketed land and improved property for private and public redevelopment purposes; and WHEREAS, the City of Dubuque and the United States of America have ef- fected a financial settlement of the Downtown Urban Renewal Project, Iowa R-15; subject, however, to certain conditions agreed to in Resolution No. 167 77 adopted June 1, 1977, and which conditions required: Deposit of the proceeds ~rom the sale or lease of property ~o the credit of the Cumin unity Devel ment Block Grant Program (re- fers to that land which was unsold as of June 2, 1977); 2. Improvement of land must con- form to the Urban Renewal,Plan; 3. Proposed conveyances ar(~ sub- ject to public disclosure require~ meats of Section 105 (e) of Title of the Housing Act of 1949, as amended; and 4. Prohibition of discrimination in the sale, lease, rental, occupancy or other use of said properties or in any improvements erected or to be erected thereon; and WHEREAS, the City recognizes that the redevelopment of the Project in a manner which meets the objehtives of the Urban Renewal Plan will be a com- plex undertaking requiring a joint parti- cipation agreement between the City and the prospective developer; and WHEREAS, the City of Dubuque deems it to be desirable and in the best interest of the City and the Project to publicly invite proposals from prospec- tive redevelopers for participation in the pJanning and implementation of the re- d6velopment of the remaining cleared land in the Project Area; and WHEREAS, the Fixed.Price Compe- tition me~hod permits the selection of a prospbctive redew~[oper upon criteria and factors other than price but upon the 49 qualifications and experience of the re: developer or redevelopment team, the magnitude and importance of the pro- posed redevelopment to the achieve- meat of the objectives of the Urban Renewal Plan, accessibility to major ten- ants acceptable to the City and the abil- ity of the redeveloper to implement the proposed redevelopment. NOW THEREFORE~ BE iT RESOLVED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a public invitation for formal proposals for participation in the planning and implementation of the re~ development of the cleared land in the Downtown Urban Renewal Project, Iowa R-15, identified as Blocks 12, 13, 14 and 17 in Dubuque Downtown Plaza be approved. Section 2, That documents pertain- ing to the selection of a tentative rede- veloper and to the disposition of the land are hereby approved and filed of record with the City Clerk. Section 3. That the Fixed:Price Method of offering the land for sale to a redeveloper is the appropriate method of making the land available for redevel- opment. Section 4. That the price for the dis- posal of each parcel included in the land to be conveyed shall be" i,~n0t less than the fair value for the land for uses in accor~ dance with the Urban Renewal Plan and reflective of the agreement to be reach- ed between the city and developer on their respective contributions to the project. Section 5. That the City Clerk be and he is hereby authorized and directed to publish "Invitafion for Proposals" for the selection of a designated redevelop- er in the form of Exhibit "A" attached hereto. Passed, adopted, and approved this 18th day of February~ 1980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L, Felderman James E, Brady Council Members ATTEST: Leo F. Frommelt City Clerk City of Dubuque INVITATION FOR REDEVELOPMENT PROPOSALS Public Notice is hereby given that the City of Dubuque, Iowa invites the pre- sentation of proposals to develop a pro- grain for the purchase and/or lease of an area within its Central Business District for the purpose of constructing thereon a retail shopping complex, The parcels of 50 SPecial Session~ February 18, 1980 Council Member Pratt 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. land available for conveyance and/or lease are in the DowntoWn Urban Re- newal Project Area and are identified hereafter. All parcels front On Town Clock Plaza (Main Street PdeStr~an- way) with the exception of block 14 which fronts on Main Street between 5th and 4th Streets. Disposition Parcel List , Approximate DiSposition Area Parcel No. Square Feet* 12-1 8,099 12-2 8,503 12-3 8,503 12-4 8,097 13 67~694 14 68,001 17 (1&2) 29,548 Total 198,445 *Subject to adjustment upon actual survey Proposals may include provisions for the City of Dubuque to obtain other land in and adjacent to the above identified parcels for conveyance and/or lease to the redeveloper. The final identification of such other parcelsis subject to negoti- ation as one of the terms of the redevel- opment program after the developer has been selected. The invitation for proposals shall not result in a legally binding contract for the sale and/or lease of land and redevel- opment until the City of Dubuque and the developer mutually agree upon a re- development plan and the fulfillment of certain other conditions to which the parties may agree. Selection of a rede- veloper shall result in an exclusive des- ignation for a period of 12 months.. Parties interested in being considered for selection as a developer of a major portion of downtown Dubuque are in- vited to submit a written proposal to the City of Dubuque in accordance with this notice. All such proposals must be re- ceived in thc office of the City Manager at City Hall, 13th and Central Avenue, Dubuque, Iowa no later than 10 a.m. o!clock, March 24, 1980. All proposals will be publicly opened at that hour and presented to the City Council of the City of Dubuque for their preliminary consid- eration at the earliest possible date. Each developer will be advised as to the date at which they may meet with the City Council to discuss their written pro~ posal. Information, instructions and docu- ments needed to prepare proposals may be obtained from Da~fiel Dittemore, Di- rector of Community Development at 319-556~3456. Leo F. Frommelt City Clerk Communication of City Manager re- questing authorization to enter into au Agreement with Bar tou-Aschman Asso- ciates for traffic and Parking analysis in DoWntoWn Development, presented and read: V. J. Grice spoke to the communica- tion and being of the opln/on that the out- side consultant business is overdone; Must know where freeway is going before we can do much about traffic and parking situation. Council Member Pratt moved that the communieati0n be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 34.80 A Resolution Authorizing Acceptance of a Planning Services Agreement with Barton. Aschmann Associates WttEREAS, the City Council of the City of Dubuque, Iowa is soliciting pro- ~osals from developers to enter into a Redeveloper Designation Agreement for planning and constructing a regional retail complex in the Downtown' Urban Renewal Project; and WHEREAS, the development of such plans for a retail center complex require, as a prerequisite, that traffic operations and parking facilities be examined to de- termine needs for improvements and ad- ditions; and WttEREAS; Barton-Aschman Assso- elates has offered to undertake such studies and examinations and has trans- mitted a proposed work program and Letter of Agreement, dated January 28, 1980; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City ~anager be and he is here by authorized and directed to accept and approve the work program and I,etter of Agreement of Barton- Aschman Associates of January 28, I980, hereto attached. Section 2. That payment for sea, vices included in the aforesaid I~61ter of Agreement shall he made from funds ap- propriated for planning Services in the FY 1980 Community Development Block Grunt budgi~t. Special Session February 18. 1980 51 Passed. adopted, and approved this 18th day of February, 1980. Carolyn Farrell Mayor Michael W. Pratt D, Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommelt Uity Clerk Council Member Pratt moved adop- tion of the resolution. Seconded byCoun- cfi Member Felderman. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager sub- mitting a resolution authorizing publica- tion of Grantee Performance Report, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farre]l. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 35-80 Authorizing Publication of Notice of Availability for Public Inspection Cer. lain Community Development Block Grant Documents WHEREAS under date of February 13. 1980. the Annual Performance Re- port was submitted to the U.S. Depar[- men~ of Housing and Urban Develop- ment for processing; and WHEREAS Section 570.300 (b) of the Community Developmem, Block Grant Program requires that reasonable effort shall be made to inform citizens involved in or affected by the local Community Development Program and that the An- nual Performance Report has been sub- mitted and is available to interested par- ties upon request: and WHEREAS Section 570.906 c quires that there be public notice of the availability of the Annual Performance Report for inspection by the public: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. Be it resolved that the City Clerk be and he is hereby authorized and directed to publish in the Dubuque Tele~ graph Herald. a newspaper of general circulation with the City, public notice ir the form of Exhibit A attached hereto and made a part hereof, Passed. adopted, and approved this 18th day of February. 1980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974. the City of Dubuque submitted an Annu~ al Performance Report to the U.S. De- partment of Housing and Urban DeveL opment through June 30, 1980. A copy of the Annual Performance Re- port is on file in the office of the City Clerk. City Hall. Dubuque. Iowa and in the office of the Department of Commu- nity Development. 480 Fischer Building, Dubuque. Iowa. The report is available for inspection by all interested parties. Monday through Friday between the hours of 8:00 A.M. to 5:00 P.M.~ Satur- days, Sundays and holidays excluded. Leo F. Frommell City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- questing approval to purchase a chipper for the Park Department at a cost of $8.116.00 presented and read. Council Member Pratt moved that the recommendation be accepted and ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays~None. Feb. 13, 1980 Mr. Leo F, FrommelL City Clerk Dubuque. Iowa 52001 Dear Sir: I respectfully request that you include my name on the upcoming agenda of the City Council meeting so that I may voice my displeasure at the shabby ~reatment i was subjected to at the hands of your Legal Dept.' D. Ralph Lorenz Epworth. Ia. Mr. Ralph Lorenz spoke to the peti- tion advising incident happened because of an accident occurring on June 14, 1979 involving a semi-truck and his car. Council Member Feldcrman moved 52 Special Session FebruarY 18, 1980 that the petition be received and filed and be recorded in the official minutes. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell; Council Mem: hers Brady, Feldcrman, King, Pratt. Nays-None. Petition of Memorial Day Parade Committee requesting permission to conduct their annual parade on May 26, 1980, presented and read. Council Member Pratt moved that the petition be approved subject to final ap- proval of the City Manager. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Communication of Julia C. Schuster of 348 College St., objecting to placement of a "Reserved for Handicap" Sign at Allison & College Sts, presented and read. Council Member Pratt moved that the communication be referred to the Traf- fic Manager. Seconded by Council Mem- ber Felderman. Carried by the following vote: Yeas-Mayor Farreil, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Petition of Council Member John L. Felderman requesting that a study be made of certain roadways within the City to determine establishment of ap- propriate speed limits, presented and read. Council Member Felderman moved that the petition be referred to the City Manager and he directed to report back when determination can be made. Sec~ ended by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Blackacre Properties re- questing designation of the property at 425-441 Bluff Street as an Historical and Architecturally significant structure, presented and read. Council Member Pratt moved that the petition be referred to the Historic Preservation Commission for report. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitting the continuation certificate of of- fieial bond of City Solicitor; R, N. Russo, requesting filing approval, presented and read. Council Member King moved that the communication be received and filed and filing be approved: Shrouded by Council Member Felderman. Carried by the fol~ lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady~ Felderman, King, Pratt. Nays-None. Communication of North East Iowa Crime Commission submitting a resolu- tion providing an option to give local governments much more control of the Crime Commission program as defined in Section 402 of the 1979 Act, presented and read. CouncfiMember 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- bets Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 36-80 WHEREAS, the Congress of the United States h~s made monies avail- able under the provisions of the Justice · System Improvement Act of 1979 to local Units of government; WHEREAS, the City of Dubuque; Iowa is desirous of becoming a part of a combination of units of generallocal gov- ernment which is known as the North- east Iowa Area Crime Commission; NOW THEREFORE~ be it resolved by the City Council of the City of Dubu- que, Iowa, that the City of Dubuque, Iowa authorizes the Northeast Iowa Area Crime Commission to act in its be- half in criminal justice planning, submit- ting applications for federal and state funds, administering training programs and administering grant funded pro- grams for the years 1980, 1981, ~982 and any future years. The City of Dubuque, Iowa, will be represented on the Northeast Iowa Area crime Commission by a duly ap- pointed Commissioner as provided in the NEIACC Bylaws. It is hereby further resolved that the City of Dubuq ne, Iowa, as a recipient, ob- ligates itself to the terms and guidelines of awards made to the Northeast Iowa Area Crime Commission by the Law En- forcement Assistance Administration of the Office Of Justice Assistance Re- search, and Statistics. Passed this 18th day of February, 1980. Carolyn Farrell Mayor Michael W. P~att D. Michael King John L. Feiderman James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk Special Session, February 18, 1980 53 Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following rose: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. Communication of City Manager sub- mitting notices of hearing relative to Budget Procedure, presented and read. Vic J. Grice spoke to the budget as be~ lng of opinion we are spending lots of money for Industrial Development: Re- commended ~o keep Industrial area where industry is. Council Member Pratt moved that the commumcation be received and filed. Seconded by Council Member King. Car- ried by the following yore: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, RESOLUTION NO. 37.80 Setting the Date of Public Hearing on the Fiscal Year 1981 Budget for the City of Dubuque WHEREAS. Section 384.16 of the Code of Iowa provides that the City Council shall sci a time and place for pub- lic hearing on the budget before the final certification date and shall publish no- tire before the hearing as provided in Section 362.3 of the Code of Iowa: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Suction 1. That the City Council shall conduc~ a public hearing on the proposed 1980-81 Budget of the City of Dubuqueat the Five Flags Center. 4th and Main Streess. Dubuque, Iowa on Monday, March 10. 1980 beginning at 7:00 p.m, Suction 2. That the City Clerk be and he is hereby authorized and directed to publish according to law Notice of Public Hearing ~ogether with the required bud- get information. Passed, adopted, and approved this ISth day of February, i980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady 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 vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. RESOLUTION NO. 38-80 Setting the Date of Public Hearln9 on the Five Year Capital Improvement Program WHEREAS. a proposed Five Year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the capital projects for the first year are included in ~he Fiscal Year 1981 Budget for the City of Dubu- que; and WHEREAS. it is deemed to be in the best interest of the City of Dubuque to adopt the Five Year Capital Improve- ment Program simultaneously with the adoption of the Fiscal Year 1981 Budget for the City of Dubuque; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the Five Year Capital Improvement Program at the Five Flags Center, Fourth and Main Streets. Dubuque, Iowa on Monday. March 10, 1980 beginning at 7:00 p.m. Section 2. That the City Clerk be and he is hereby authorized and directed to publish Notice of Public Hearing of the Meeting. Passed, adopted, and approved this 18th day of February, 1980, Carolyn Farrel] Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. FrommeB 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- hers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO 39-80 Setting the Date of Public Hearing on the Use of Revenue Sharing Funds In- cluded in the Fiscal Year 1981 Budget for the City of Dubuque WHEREAS, Section 51.15 of 31 CFR 14 ICode of Federal Regulations codify- ing the State and Local Assistance Act of 1972. as amended, requires that the recipient government of Revenue Shar- ing Funds conduct a Public Hearing ~o provide all citizens the opportunity m provide oral and written comments and ask questions concerning the use of all funds, including the use of Revenue Sharing Funds and their relationship to the entire budget. 54 SPecial Sessionl February 18, 1980 NOW THEREFORE BE IT REsOLV- ED BY THE CITY COUNCIL OF TRE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduc~ a Public Hearing on the use of Revenue Sharing Funds as contained in the Fiscal Year 1981 Budget for the City of Dubuque at the Five Flags Center, 4th and Main Streets, Dubuque, Iowa on Monday, March 10, 1980 beginning at 7:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish Notice of Public Hearing of the Meeting. Passed, adopted, and approved this 18th day of February, 1980. Carolyn FarreH Mayor Michael W. Pratt I), Michael King John L. Felderman James E. Brady Council Melnbers ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved adop- lion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Kingi Pratt. Nays-None, Communication of City Manager sub- mitring a resolution setting public hear- ing for Fiscal Year 1981 use of Commu- nity Development Block Grant Funds, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas Mayor Farrell, Council Mem.. bets Brady, Feldermam King, Pratt. Nays-None. RESOLUTION NO. 40-80 Authorizing Publication of Notice of Public Hearing for the Purpose of Amending the Community Develop- ment Block Grar~t Budget for Fiscal Year 1980 WHEREAS, the City of Dubuque is entitled under Title I of the Rousing and Community Development Act of 1974 to receive certain Community Develop- ment Block Grant funds; and WHEREAS, the regulations govern- ing the submission of an application and any revisions, changes or amendments thereto require that citizens be provided with adequate information concerning the Community Development Block Grant Program; and WHEREAS, it is deemed to be in the best interests of the Community Devel- opment Block Grant Program'to hold a certain public hearing to s!lpplement meetings held by the Community Devel- opment Commission; and WHEREAS, the City Council of the City of Dubuque, iowa has Under consid- eration a proposal to amend the Commu- nity Development Block Grant Budget br Fiscal Year t980; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the City Clerk be and he is hereby authorized and directed to publish notice of a,,public hearing in the form of Exhibit"A attached hereto and made a part hereof. Passed, a~0pted, and approved this 18th day of P ebruary, 1980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC HEARING Community Development Block Grant Program Proposed Budget Amendments Pursuant to Title I of the ttousing and Community Development Act of 1974, the City Council of the City of Dubuque will hold a public hearing for the purpose of obtaining the views of residents of the city on community development and housing needs, and on a proposal to amend the current Fiscal Year 1980 Community Development Block Grant budget. A summary of eligible activities that may be undertaken with Community De- velopment Block Grant funds, a sum- mary of activities proposed to be under- taken in ~he current fiscal year, accord- lng to the proposed amendments, and the Citizens Participation Plan are on file and available at the City Clerk's of- fire, City Hall, 13th and Central, Dubu- que, Iowa, and at the Department of Community Development, 480 Fischer Building, Dubuque, Iowa, between the hours of 8:00 a.m. and 5:00 p.m., except Saturdays, Sundays, and holidays. Addi- tional information concerning the Com- munity Development Block Grant Pro- gram may be obtained from Daniel Dit- temore or Harry Neustadt of the De- partment of Community l)evelopment, (557-1930). The public hearing will be held at the Five Flags Center, 4th & Main Streets, Dubuque, Iowa on Monday, March 1980 beginning at 7:00 p.m, any person Special Session. or organization desiring to be heard on the matter noted above will be given an opportunity to express their views on community developmen~ and housing needs. Leo F. Yrommelt City Clerk Council Member Pratt moved adop- tion of the Resolution, Seconded by Council Member King. Carried by the following yore: Yeas-Mayor Farrell. Council Mem. bets Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO, 41-80 Authorizing Publication of Notice of Public Hearing for the Use of Commu- nity Development Block Grant Funds in Fiscal Year 1981 WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974 to certain Commum~y Development Block Grant funds: and. WHEREAS, the regulations govern- lng the submission of an application for such funds require that citizens be pro- vided with adequate information con- cerning the Community Development Block Grant program and an adequate opportunity to participate in the devel- opment of the application and in the de- velopment of any revisions, changes or amendments: and. WREREAS. it is deemed to be in the best interests of the Community Devel. opment Block Grant program to hold a public hearing to supplement previously held neighborhood meetings, citywide meetings, meetings with public and pri- vate agencies, and the various meetings conducted by the Community Develop- ment Commission: and, WHEREAS. the City Council of the City of Dubuque. Iowa has under consid- erauon ~ proposal for use of Community Development Block Grant Funds for Fis- cal Year 1981: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and directed ~o publish notice of public hearings in the form of Exhibit "A" attached hereto ant] made a part hereof. Passed. adopted, and approved this 18th day of February, 1980. Carolyn Farrell Mayor Michael W. Pra~ D. Michael King John L. Felderman James E. Brady ATTEST: Council Members Leo F. Frommeit City Clerk February 18,1980 55 EXHIBIT "A" PUBLIC HEARING Communit~ Develoment Block Granl Program Proposed Fiscal Year 1981 Budget Pursuant to Title I of the Housing and Community Development Act of 1974. the City Council of the City of Dubuque will hold a public hearing for the purpose of obtaining the views of residents of the city on community development and housing needs, and on a proposed Fiscal Year 198I Community Developmen; Block Grant Budget. A summary of eligible activities that may be undertaken with Commumty De- velopment Block Grant funds, a sum~ mary of activities proposed to be ander~ taken for the year beginning Jmy 1. 1980, and the Citizens Participation Plan are on file and available at the City Clerk's office. City Hall. 13th and Cen- tral. Dubuque, Iowa. and at tile Depart- ment of Community Developmen;. 480 Fischer Building, Dubuque, Iowa. be tween the hours of 8:00 a.m. and 5:00 p.m., except Saturdays, Sundays. and holidays. Additional information con- cerning the Community Developmen; Block Grant Program may be obtained from Daniel Dittemore or Harry Neustadt of the Department of Commu- nity Development, (557-1930). The public hearing will be held at the Five Flags Center. 4th & Main Streets. Dubuque, Iowa on Monday, March 10. 1980 beginning at 7:00 p.m, Any person or organization desiring to be heard on the matter noted above will be given an opportunity to express their views on community development and housing needs. Leo F, Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady. Felderman, King, Pratt. Nays-None. Communication of City Manager re- commending reduction of lien from $2.203.49 to $325 and proceed with the sale of Lot 161 except the south 30 ft. thereof to Merlin Kruser on Elbow Street, presented and read. Merlin Kruser spoke to the commum- cation and requested lien be lifted. Council Member Felderman moved that the recommendation be approved and referred for proper proceedings. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. 56 Special Session~ February 18, 1980 Communication of City Manager commending that as a resulgof comnlu cation with a petitioner~ Glen J~ & Mary Goffinet who requested vacation of an alley at the intersection of Hempstead & Lowell St., the proposed vacation is not necessary for the proposed construction of a garage and no further action is re- quired, 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- bers Brady. Felderman, King, Pratt. Nays-None. Communication of City Manager re: commending denial of petition of Giese Co., to purchase Lot 13 in Jaegers Sub. because a great portion of the Lot is used for the embankment of the Fengler Street overpass, presented and read. Council Member Pratt moved that the communication be received and filed and approved. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bors Brady; Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitring a resolution designating 24 acres of land on Harem Island south of the 561 Mississippi River Bridge for recreation- al/park purposes, presented and read. Council Member Ring moved that the communication be received and filed. Seconded by Mayor Farrell. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady. Felderman, King, Pratt. Nays-None. RESOLUTION NO. 42-80 Resolution Designating 24 Acres of Land on Harem Island South of the 561 Mississippi River Bridge for Recree~ tionallPark or Commercial-Recreation (IE: Hotel~Motel, Commercial Camp~ grounds) Purposes. WtIEREAS. the Capital Improve- ment Budget for the five years Fiscal Year 198LFiscal Year 1985 submitted to the City Council on February 4; 1980 pro- poses the development of 24 acres of Hamm Island for recreational/park or commercial-rccrea tie hal (ie: hotel-motel, commercial campgrounds) purposes in Fiscal Year 1981 and Fiscal Year 1982 at an estimated cost of $1,202,000, and WHEREAS, the City of Dubuque must fill the area from its present eleva- tion of 610 feet to an elevation of 616 feet in order to avoid flooding of the recrea- tionallpark or commercial-recreational fie: Hotel-motel, commercial camp: grounds) improvements, and WHEREAS, the City Council, the Recreation Commission and the Dock Board have previously concurred that the best use of this 24 acres is for recrea- tional/park or commercial-recreational (ie: hotel-motel, commercial camp- grounds) purposes, and WHEREAS, the Iowa Natural Re- sources Council has stipulated that prior to issuing a permit for filling the area from the elevation of 610 feet to 616 feet they need assurances from the City of Dubuque that the area will be used ex- clusively for recreational/park or com- mercial-recreational (ie: hotel-motel, commercial campgrounds) purposes. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 24 acres of land located south of the 561 Mississippi River Bridge is being designated to be used exclusively for recreational/park or commercial~recreational (lc: hotel-mot~l, commercial campgrounds) purposes. Passed, adopted, and approved this 18th day of February, 1980. Carolyn Farreli Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution as amended. Seer ended by Council Member Felderman. Carried by the following vote: Yeas-Council Members Brady, Fclderman, Pratt. Nays-Mayor Farrell, Council Member King. Communication of City Manager sub- mitting final estimate and accepting im- provement resolutions for Fire Engine House #3 at 32nd & Central Ave., pre- sented and read. Council Member Felderman moved that the communication be received and filed. Seconded by CounciI Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King Pratt. Nays-None. Final Estimate RESOLUTION NO. 43-80 WHEREAS, the contract for the con- struction of Engine House #3 32nd and Central Dubuque, Iowa with M.P. Kluck and Son, Inc. P.O. Box 1045 Highway 20 West Dubuque, Iowa 52001 Special Session, February 18, 1980 57 has been completed and the City Engi- neer has submitted his final estimate Showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. That the cost of said improvemen~ is hereby determined to be $374,441.00. That none of the cost thereof shall be assessable upon private property and $374.441.00 shall be paid from the Com- reunify Development Fund of the City of Dubuque. Passed. adopted, and approved this 18th day of February, 1980. Carolyn Farrell Mayor Michael W. Prat~ D. Michael King John L. Felderman James E, Brady 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 vote: Yeas-Mayor Farrell. Council Mem- bers Brady~ Felderman. King, Pratt. Nays~None. (A Resolution Accepting Improvement) RESOLUTION NO. 44.80 WHEREAS, the contract for the con- struction of Engine House #3 32nd and Central Dubuque. Iowa with M.P. Kluck and Sot Inc. P.O. Box 1045 Highway 20 Wes! Dubuque. Iowa 5200i has been comnleted and the City Manager has examined the work and filed his certificate stating that thc same has been completed according to the terms of the contract, plans and specifi- cations and recommends its acceptance, NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, That the recommendation of the City Manager be approved and that said im- provement be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED. thai the City Treasurer be and he is hereby directed to pay to the contractor from the funds ~o be realized from Commu- nity Developmem Funds in amount equal to the a/nount of his contract, less any retained percentage provided for therem. Passed, adopted, and approved this 18th day of February, 1980. Carolyn Farrel] Mayor Michael W. Prati D. Michael King John L. Felderman James E. Brady 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 vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King~ Pratt. Nays-None. Communication of City Manager sub- mitting a letter from Iowa DOT relative to Draft Environmental Statement on Dodge Street west from Grandview Ave. to just West of Bluff Street, recom- mending the Mayor be authorized to sign letter advising of no comments a~ this time on Draft Environmental State~ men~, presented and read Council Member Feldermar moved that the communication be received and filed and Mayor granted authority to sign. 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 sub- mitting preliminary plans and specs, for furnishing Library Furniture and Equipment in the Carnegie-Stout Libra- ry, presented and read. Council Member Pratt moved that the communication be received and Bled. Seconded by Council Member Folder- man. Carried by the following vote: Yeas~Mayor Farrell~ Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 45-80 Preliminary approval for the Furnish- ing and Installing furniture and eqmp- ment in the Carnegie-Stout Library, in tho estimated amount of $266.00.. pre- sented and read. Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vo~e: Yeas-Mayor Farrell, Council Mem- bors Brady, Felderman. King. Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO. 46.80 WHEREAS. proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa 58 Special Session, February 18, 1980 and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the ira- provement for the furnishing and installing library furniture and equipment in Carnegie- · Stout Library, Dubuque, Iowa BE iT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall be construct~ ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment shall be paid out of General Obliga- tion Bonds. The above resolution was introduced, approved and ordered placed on file with the City Clerk this fSth day of February, 1980. Approved and placed on file for final action. APPROVED: Carolyn Farrell Mayor Michael W, Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved ap- proval of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bors Brady, Felderman, King, Pratt. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 47-80 WHEREAS, the City Council of the City of Dubuque, Iowa has given its pre- liminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the furnishing and installing of furniture and equipment in the Carnegie-Stout brary, Dubuque, Iowa. BE IT THEREFORE RESOLVED that on the 24th day of March, 1980, a public hearing will be held at 7:30 p.m~in the Council Chamber of the City of Du- buque at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the ira- ' provement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper published in the city of Dubuque which Shall be not less than four nor more than twenty days prior to the day fixed for its consid- eration, and said Clerk is further in- structed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted, and approved this 18th day of February, 1980. Carolyn Farrell Mayor Michael W. Pratt D, Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommett City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following veto: Yeas-Mayor Farrell, Council Mem- bors Brady, Felderman, King, Pratt~ Nays-None. Communication of Planning & Zoning submitting approval of final plat of Lot 24 of Oak Grove Addition (south side of Valley Street) (McCarron), presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Folder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 48,80 Resolution Approving the Plat of Lot 1 and Lot 2 of Lot 24 of Oak Grove Addi. tion in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lot 24 of "Oak Grove Addition," to be known as Lot 1 and Lot 2 of Lot 24 of Oak Grove Add!tion in the City of Dubuque, Iowa; and WHEREAS, said:plat has been ex- amined by the City Planning and Zoning Commission and had its approval on- dorsed thereon; and WHEREAS, said plat has been exam- ined by the City Council and they find the same conforms to statutes and ordi- nances relating thereto. ~ NOw THEREFORE BE IT RESOLV: ED By THE CiTY COUNCIL OF THE Special Session, February 18, 1980 CITY OF DUBUQUE, IOWA: ] Section 1. That the plat of Lots 1 and[ Ordinances relating theretb: 59 2 of Lot 24 of Oak Grove Addition in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa. upon said plat. Passed. adopted, and approved this 18th day of February, 1980 Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt 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 Planning & Zen ng subm tting approval of final plat of Luedtke & Catch final plat, located on Lake Eleanor (Carson) Road, in Dubuque County, presented and read. Council Member Pratt moved that tho communication be received and Iiled. Seconded by Council Member King. Car- ried by the following yore: Yeas-Mayor FarrelJ Council Mem- bers Brady, Pelderman. King, Pratt. Nays-None. RESOLUTION NO. 49-80 Resolution Approving the Plat of the Subdivision of Lot 2 of Lot 2 of Lot 3 of the Southeast One. Quarte~, Section 12, Township 88 North. Range 2 East of 5th Principal Meridian, Being i~ Table Mound Township, Dubuque County, Iowa WItEREAS, there has bern flied with the City Clerk a plat in which Lot 2 of Lot 2 of Lot 3 of Southeast One-Quarter. Sec- tion 12, Township 88 North. Range 2 Eas~ of 5th Principal Meridian. being in Table Mound Township, Dubuque Coun- ty, Iowa is platted as Lo~ I and Lot 2. each of the Subdivision of Lot 2 of Lot 2 of Lot 3 of Southeas~ One-Quarter. Sec- tion 12, Township 88 North, Range 2 East of 3th Principal Meridian, being m Table Mound Township, Dubuque Coun ~y, Iowa: and WHEREAS, said plat has been exam ined by the City Planning and Zoning Commission and had its approval en- dorsed thereon: and WHEREAS. said plat has been exam- ined by the ~ity Council and they find the same conforms ~o the Statutes and NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. The above described olat be and the same is hereby approved and the Mayor and City Clerk be and they arc hereby authorized and directed to endorse the approval of the City upon said plat. ~Passed, adopted, and approved this lSth day of February, 1980. Carolyn Farrel] Mayor Michael W. Pratt D. Michael King John L. Felderman James E, Brady ATTEST: Council Members Leo F. Frommel~ City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Planning & Zoning recommending approval of final plat of iJaeger-Burke Plat located west, of Rock- dale Road north of Jaeger Drive, pre- sented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Prat~. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt Nays-None Communication of Justin B. Caller submitting his resignation from the TV Cable Commission. presented and read. Council Member Pratt moved that the communication be received and filed and resignation accepted with regret, Sec- onded by Council Member King. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Felderman moved ~hat John F. Miller be appointed to the TV Cable Commission. for an unexpired term, replacing Justin B. Gafier. expir- ing 6-29~80. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem bens Brady, Felderman, King, Pratt. Nays-None. Council Memner Brady moved that Rick Redalen be appointed to the Human Rights Commission for a 3 year term ex- piring 1-1-83, Seconded by Council Mem- ber Felderman. Carried by 5he following VOl,el 6O Special Session. February 18, 1980 Yeas-Council Members Brady, Fei derman. Pratt, Nays-Mayor Farrell. Council Member King. Council Member Felderman moved that Rev. Mark W. Pries be appointed to the Human Rights Commission for a 3 year term expiring 1-1-83. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that Roger Wagner be appointed to the Plumbing Board. representing At- Large, for an unexpired 3 year term ex- piring 11-2-82. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 50-80 Resolution Approving Plat of the Sub- division of Lot 2 of Lot I of Colonial Place in Table Mound Township, Du- buque County, Iowa. Now in the City of Dubuque, Iowa; and of the Subdivision of Lot I of Mineral Lot 494 in North- west One. Quarter, Section 1, Town. ship 88 North. Range 2 East of 5th Prin- cipal Meridian, Being in Table Mound Township, Dubuque County, Iowa, Now in the City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot ! of Colonial Place in Table Mound Township, Dubuque County, Iowa. now in the City of Dubuque, Iowa, is platted as Lot 1 and Lot 2~ each of the Subdivi- sion of Lot 2 of Lot I of Colonial Place in Table Mound Township. Dubuque Coun- ty, Iowa. now in the City of Dubuque, Iowa. and Lot I of Mineral Lot 494 in Northwest One-Quarter. Section 1. Township 88 North, Range 2 East of 5th Principal Meridian. being in Table Mound Township, Dubuque County, Iowa. now in the City of Dubuque, Iowa, is platted as Lot I and Lot 2. each of the Subdivision of Lot 1 of Mineral Lot 4941n Northwest One-Quarter, Section 1. Township 88 North. Range 2 East of 5th Principal Meridian, being in Table Mound Township, Dubuque County, Iowa. now in the City of Dubuque, 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, except thai proposed Lot 2 of Subdivision of Lot 2 of Lot 1 of Colonial Place is not of sufficient size to meet zomng requirements and to consti- tute a separate buildable site: and WHEREAS. said plat has been ap- proved by the City Planning and Zoning Commission on the condition that Lot 2 of Subdivision of Lot 2 of Lot I of goloni al Place cannot be developed except as it is part of another lot or lots which do not meet the zoning requirements: and WHEREAS. said plat has been exam- ined by the City Council and they find the same conforms to the statutes and ordinances relating thereto: and WHEREAS. the City Council concurs in the condition of approval established by the City Planning Zoning Commis- sion: 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 Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Dubu- que upon said plat, provided thai 1he owner of said property shall execute a written acceptance hereto attached. acknowledging and agreeing: a) That Lot 2 of Subdivision ofLot 2 of Lot 1 of Colonial Place cannot be developed except as it is made part of a conforming zoning lot. Sention 2. Thai in the event 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 tSth day of February. 1980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 50-80 We, the undersigned Carl A. Burke and Grace E. Burke and Louis J. Jaeger and Rita M. Jaeger having read the terms and conditions of the foregoing Resolution No. 50-80. and being familiar with the condition thereof, hereby ac- cept the same and agree to the condition required herein. Dated at Dubuque. Iowa this 28th day of February, 1980. Carl A. Burke Louis J, Jaeger Grace E. Burke Rita M. Jaeger Council Member King moved adop- Special Session, February 18, 1980 61 ~ion 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. RESOLUTION NO. 51.80 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- arettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Theisen's Store - 2900 Dodge St. Passed, adopted, and approved this ' 18th day of Fe, bruary, 1980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Fclderman James E. Brady ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Pratt moved adop: tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ hers Brady, Felderman, King, Pratt, Nays-None. RESOLUTION NO, 52-80 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; WHEREAS. The premises to be occu- pied by such applicants were inspected 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 authorized to cause to be issued to the following nam- ed applicants a Beer Permit. CLASS "C" BEER PERMIT Thomas E. Kessler (Also Sunday Sales) -- 1993 Asbury Road. Theodore J. & Georgia A. Heinz -- 1278 Central Ave. T F M Co. (Also Sunday Sales) -- 1545 S. Grandvlew Ave. Passed, adopted, and approved this 18th day of February, 1980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of tbe Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 53~80 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 bond~; N0W THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized ~o cause to be issued to the folIowing named applicants a Liquor IAcense. CLASS "C" (COMMERCIAL) SEER AND LIQUOR LICENSE William "Tony" Urbain - 2186 Cen- tral Ave. Gerald C. Kirchberg - 3203 Jackson St. The Apartments Ltd. (Also Sunday Sales) -- Kennedy Mall Passed, adopted, and approved this 18th day of February, 1980. Carolyn Farrell Mayor Michael W. Pratt D. Michael King John L. Felderman James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Menaber Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of William J. Dali, M.D., urging rejection of the task force recommendation that Mercy Health Center control the ambulaflce service; Communication of United Food & Com- m ercial Workers going on record to keep the ambulance service in the City at its present position; Communication of Ed. Gerhard, a retired Captain of the Fire Department, in support of the present City Ambulance ~ecord of present and )asr service; Communications for City- owned Ambulance from E. Ernzen, Rus- sell E. Schetgen, Marie E. Buechele, E. G. Kruser, Jacob J. Kaiser, Marceila Hu- bet, Mrs. Richard Andresen, Mary Thie- leu, Earl OswaId, Harold Leitner, and 62 Special Session, February 18, 1980 Adele Pautveim Petition of Dorothy Whippo et al (152 signers) recommend- ing ambulance operation be retained by the City; Petition of Cletus Haupert et al (46 signers) requesting retention of City based ambulance; Petition of Evelyn ~. Br unskill requesting to keep ambulance service in City's Fire Department; Peri- tion of Ms. Mary G. Start requesting to keep ambulance service in hands of the City; Petition of Xavier Hospital, by JosePh Hiebel Administrator, request- ng to keep ambulance as City Based set: vice, presented and read, Council Member Pratt moved that the communications and petitions be re- ferred to the Public Work Session to be held on February 20, 1980. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- hers Brady, Felderman, King, Pratt. Nays-None. Petitions for Hospital-Based Ambu- lance Service: Sr. Margaret Weber et al (43 signers), Connie G. Hurdle et al 141 signers), Donald R. Bradley et al (459 · signers), Robert F. Neuwoehner et al (90 signers); Communication of Eugene E. Herzberger M.D., requesting to em- brace the plan Which provides for two fully equipped and professionally man- ned ambulances, presented and read. Council Member Prntt moved that the communication and petitions be refer- red to the Public Work Session to be held on February 20, 1980. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bets Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitting a report in response to request of William Hesse of Dubuque Bicycle Club for consideration of recommended revisions to the bicycle ordinance as the result of a meeting held on January 10, 1980, 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- bets Brady, Felderman, King~ Pratt. Nays-None. Communication of Dubuque Federa- tion of Labor urging that various agen- cies be able to voice their position on matters of budget at the time of group discussion and hearing, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man: Carried by thc following vote: Yeas-Mayor Farreli, Council Mere- hers Brady~ Felderman, King, Pratt. Nays-None. City Manager Gearhart Submitted a status report On the FY '81 Operating Budget, advising the Recommended Budget would be ready for presentation on Tuesday, February 19, 1980 at 4:00 P.M. MINUTES SUBMITTED -- Airport CommiSsion of 1-28, Riverboat Museum Committee of 1~17, Board of Zoning Ad- justment of 11~15-79, Transit Trustee Authority of 1-31, Park Board of 2-8, Dock Commission of 1-31, Five Flags Commission of 1-29, Information & Re~ ferral Service Report for January, Plan- ning 8, Zoning Commission of 2-6, pre- sented and read. Council Member Pratt moved that the minutes be received and filed, Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of David L. Koeller request- nga refund of $633.75 on unexpired por- tion of Liquor License LC 11362, discon- tinued business on 1-14-80, presented and read. Council Member Pratt moved that the refund be approved and City Auditor di- rected to issue proper warrant. Second- ed by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. NOTICES OF CLAIMS - Steve Ames, in an estimated amount of $100, for car damage incurred as the result of driving into a chuckhole on Peru Road on 1-25~79; Donna Koeller. in an undeter- mined amount, for personal injuries re- ceived in a fell on an icy sidewalk on 6th Street between Central & White on 2-6-80; Donald Wemett, in an undeter- mined amount, for damage received as the result of a sewer back-up into their home at 2387 Garfield on 2-6-80; Mrs. Kay Riechmann, in the amount of $1500, for damage incurred as the result of a sewer back.up into their home at 2365 Garfield Ave. on 2-6-80; Transamerica Insurance Services for damage to their insured Sandra Jnllison, in the amount of $141.04, involving a police car while in the process of apprehending a suspect On 9-i5-79; Notice of Suit of Patricia Kun- kel, a minor, vs. Louis Konzen Exec. and City of Dubuque, in the amount of $300,000, on six counts for personal juries received by said minor as the re~ suit of a fall on an icy sidewalk at 2085 Thelsen St. on 2-22:78, presented and read~ Council Member Pratt moved that the Special Session. February 18, 1980 Notices of Claims and Notice of Suit be referred to the Corporation Counsel. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. There being no further business. Council Member Pratt moved to ad- journ. Seconded by Council Member Fel~ derman. 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 63