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1980 March Council ProceedingsRegular Session, March 3, 1980 CITY COUNCI OFFICIAL Regular Session, March 3. 1980. Council met at 7:30 P.M. (C.S.T.) Present. Mayor ~'arreil. 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 THE REGULAR MONTHLY MEETING of the Council called for the purpose of acting upon such business as may properly come before the Meeting. Proclamations declaring week of March 2-8 as "Women's History Week," March lgth as "Freeaom of Information Day-Madison's Birthday" and Week of March 16-23 as "AAUW WEEK: AC- TION FOR EQUITY" were read and so proclaimed by Mayor Farrell. Communication of United Labor Par- the naming of Area "C" Schmit~ Memorial Park and the road be named Admiral Sheehy Drive, presented and read. Council Member King moved that the communication be received and filed and referred ;o Council. Seconded by Coun- cil Member Pratt, Carried by tile follow- Yeas-Mayor Farrel]. Council Mem- bets Brady, Felderman. King~ Pratt. Nays-None. Communications of Rev. Anthony Sigwar%h et al (103 signers/recommend. tug the naming of Area "C' Schmitt Memorial Park and the road be named Admiral Sheehy Drive, presented and read. Council Member King moved that the communications be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Feiderman. King, Pratt. Nays-None Communications from Rev. F. C4 Bahning, Albert V. Manternach, A. A. Halbaeh, L. J. Enzler, Gregory J. Einck recommending the naming of Area "C" Sehmitt Memorial Park and the Road Admiral Sheehy Drive, presented and read. Council Member King moved that the communications be received and filed and referred to Council. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Farrell. Council Mem- ber~ Brady, Felderman King, Pratt. Nays-None. 65 ap]ain Schmitt Memorial Park re Area "C' Chaplain Schmitt Memorbd Park: that the road serving ghe road be called Admiral Sheehy Drive; and that seven acres extending from 10th St. Ex- Council Member King moved that ,he communication be received and filed and referred to Uouncil. Seconded by Coun- cil Member Pratt. Carried by tile follow- Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Coum.il Member Brady moved to sue- dress the Council if they so desire. Seconded I~y Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Menl- bets Brady, Felderman, Kin~, Prat;. Hank Wal~,z spoke to the Council rec- ommending entire area be called Chap- laln Scbmitt Memorial Park and the road George Freund addressed the Council and empllasized the request: Advised the intenlion m to upgrade the Mem- orial; Chaolain Schmitt was first chap- lain to give his life going down on the ship "Oklahoma" and Admiral Sheehy Paul Rossiter, Past President of Navy Council Member Brany moved that City Staff be directed to draw up a reso- Area "C" the Chapla'n Schm~tt Mere- the major street through that island the Admiral Sheehy Road and further re ex- Memorhd as a focal point of tile ishmd and to keep future surroundings in har- mony with the Memorial. Seconded by Council Member Prat;. Carried by thy Yeas-Mayor Farrell. Council Mem. hers Brady, Felderman, King, Pratt. Nays~None. Proof of Publication. certified to by the Publisher, of Notice of Hearing on finding of No Significant effect on the en- vironment of Radford Road Indnstrlal Park Land Purchase. presented and read. Council Member Pratt moved that filed. Seconded by Council Member Fei 66 Regular Session, March 3, 1980 derman, Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King. Pratt, Nays-None~ Communication of Schiltz Develop- ment Corp. submitting a I/st of five sig- nificant effects on the environment on Radford Road in response to the pub- lished notice, also referral ~o corres- pondence of June 26. 1978 relative to the property east of the proposed north-south arterial extending from Highway 20 ~o Pennsylvania Ave., presented and read. Council Member Pratt moved thai the communication be received and filed and directed to Council. Seconded by CouncilMember Felderman. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt. Neys-None. Communication of Historic Preser- vation Commission requesting ~o change the name of the Third/Alpine Historic Preservation District. pre- sented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by ~he following vote: Yeas-Mayor Farrell. Council Mem- bets Brady, Felderman. King, Pratt. Nays-None. ORDINANCE NO. 9.80 AN ORDINANCE PROVIDING THAT ORDINANCE NO. 47.79BEAMENDED BY REV SING THE PREAMBLE THEREOF, AND BY ADDING A NEW SECTION TO BE NUMBERED SEC- TION 3, CHANGING THE NAME DF THE WEST THIRD/ALPINE HISTORIC PRESERVATION DISTRICT TO THE LANGWORTHY HISTORIC PRESER. VATION DISTRICT. presented and read. Council Member King moved that 'the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrsll. Council Mem- bers Brady, Felderman. King, Pratt. Nays None. C~n~]i-~e~q~er~'~i~g' move~l that the rule reqmrmg an Ordinance to be received and filed ac ~wo meetings prior to the meeting when final action is taken, be dispensed with Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays-None, ORDINANCE NO. 9-80 AN ORDINANCE PROVIDING THAT ORDINANCE NO. 47-79 BE AMENDED BY REVISING THE PREAMBLE THEREOF. AND BY ADDING A NEW SECTION TO BE NUMBERED SEC. TION 3. CHANGING THE NAME OF THE WEST THIRDIALPINE HISTORIC PRESERVATION DISTRICT TO THE LANGWORTHY HISTORIC PRESER- VATION DISTRICT. WHEREAS. the City Council has designated the West Third/Alpine His- toric Preservation District *n accel dance with Ordinance No. 18-77: and WIIEREAS. it has been brought to the attentwn of the Dubuque Historic Preservation Commission that three prominent residences Dj' the Langwor~ thy famil~ have been located in the ajbresaid distal't: and WHEREAS. on~ .f the two remain- lng filrmer Langworthy residences the district is commonly known as the 'Lanyworth ,~ House' or "Octaoo~ House. " avd en2oys national recognition as one of the best remaining exav,.oles of the octagon style of architecture in th~ WHEREAS. a street bearing Lavgworth~ name passes through the rfforcsaid district: and WHEREAS. the D~buque Histori~ Preservation Com~ission has recently survl, oed residents qf the aJbresaid dis. trier a~td found support ]hr changing the ~ame vi'the district to La~gworthy, and ]bt~nd ~o opposition to the name change: WHEREAS. the Dubuque Historic mended that the name of the a]bresaid d~strict be changed to the Langworthy WHEREAS. Iht City Council has held a public hearing f. r the purpose of he.ring all interested 1turtles and con- sidered all objections to the proposed district name chon~le; a~d WHEREAS. all interested vart~es ING THE LANGWORTHY~H1S- Regular Session, March 3, 1980 REQUIREMENTS OF ORDL NANCE 18-7Z" Section 2. That Ordinance No. 47-79 be amended by adding a new section to be numbered Section 3, to read as follows: "Scalier 3. That said described dis- trict be designated the Lanyworthy Historic Preservation District." passed, adopted, and approved this 3rd day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L, Felde~w~an Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Published ofjkially in The Telegraph Herald Newspaper' this 2nd day of April Leo F. Frommelt City Clerk lt4/2 Council Member Pratt moved final adoption of the 0rdinanee. Seconded by Council Member Pratt. Carried by the following vpte: Yeas-Mayor Farrell, Couned Mom bors Brady, Feldermam King, Pratt. Nays-None. Communication of Dubuque Supply Company, by tholr attorney, indieatlng a possible portion of refund of the $3~00 paid to the City for expense incurred in tho issuance of Industrial Revenue Bonds last year, presented aud read. Council Mfimber King moved that the communleation be received and filed and referrhd to the City Manager. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldorman, King, Pratt. Nays~None. Communication of Keyline Transii Board advising of~iseontinuaneo of bus service on Pra~irie, W. llth & Rose Streets, because of parking problems, said route is now part of reroutcd Grand- view Ayes,run, and requesting the lac]u- sion of a towing clause in a traffic Ordi- nance to correct the situation to revert back to the orlglna] route, presented and read. Council Member King mowM thai the communication be received and fded. Seconded by Council Member Felder- man. Carried by the foIIowlng vote: Yeas-Mayor Farreil, Council Mem bers Brady, Felderman, King, Pralt. Nays-None. Petition of Bike-A-Then Chairman re- questing permission to conduct a Rike- 67 k-Then on Saturday, April 26th to raise money for St. Jude Children's Research tIospital, presented and read. Conned Member Feiderman moved that thc request be'approved subject to City Manager and Traffic Department. Seconded. by Council Member Pratt. Carried by the following vote: Yeas May~)r Farrcll, Council Mem- bers Brady, Felderman, King, Pratt Nays None. Terry Gross, Chairman of Bike~A Then, expressed appreciation and thanks to the Council for their approwtl. Petb.ion of Calista Steger requesting yarn;ion of areas on both Ethel St. and University Ave. to accomodate possflde expansion, presented and read. Council Member King moved that the )etition be referred to the City Manager and Engineering Department. Seconded by Council Member Pralt. Cgrried by Yeas Mayor Farrell, Council Mem~ hers Brady, Felderman, King, ~ralL Nays None. Commtmication of P & Z requesting htvorable action on the approval of phtt of Nell hrange Park No. 2 at Rad k)rd Rd. & Pennsylvania Ave., presented and Council Member King moved that ;he communicaLion be received and filed. Seconded by Council Member Pratt. Curried by the following vote: Yeas Mayor Farrell, Conneil Mere bets Brady, Feiderman, King, Pratt. Nays. None. RESOLUTION NO, 54-80 aesolution .Approving the Plat of "NoHhrange Park No. 2" in the City el WHEREAS, there has been filed with tlw Cily Clerk a plat of ~ho Subdivision to be known as "Northrange Park No. in the City of Dubuque, Iowa; and WHEREAS, upon said plat appear streets to be known as Northrauge Drive, Frank Road, Radford Road, and Pennsylvania Avenue, togelhor with certain public uLility easements which thc Owners by said plat have dedicated [o the public forever; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commissbm and had its approval there- WBEREAS, said plat has been exam- ined by the City Courted and they find ordiuanees relating thereto, except that street grades bare not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE BE IT 68 Regular Session SOLVED BY THE CITY COUNCIl, OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Northrange Drive, Frank Road, the Northerly 44 feet of Pennsylvania Ave- nue, and tho Easterly 44 feet of Radf0rd Road, together with the easements for public utililies as the same appear upon said plat, be and the same are hereby ac- cepted; Suction 2. That the plat of "North~ range Park No. 2" be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approva~ of the City of Dubuque, Iowa, upon sakl plat, provided the owners of said properly herein named, execute their written ac- ceptance hereto attached agreeing; gutter and to hard surface North range Drive and Frank Road with crete paving with integral curb, all in accordance with City oi Du tuque standard specifications; b. To install sanitary sewer mains with the plat: with plans submitted with the plat: d. Toinstall storm sewer amtcatch basins in accordance with phms submitted with the phtt; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engl neet and the City Manager: f. To install boulevard streel lighi- lng in accordgnce with City speci- ficathms; g. ,To construct the foregoing ira- plans and specifications approved by the City Manager, under the inspection of the City Engbmer, City Manager; except sidewalks and street light lng prior t~ and to construct the sidewalks and street lighting pri~ i. To maintain the foregning im- provements for a period of four (4) years from the date of their accep- tam,.e by the City Of l)ubuquc, j. To provide the foregoing con March 3,1980 k. That no building shall be permit- ted to encroach upon the drainage easements as the same appears upon said plat; That access for the lots abutting Pennsylvania Avenue will be carefully controlled by the City in order to protect public safety and future road capacities; and further provided that said North- range Associates, Inc., as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sure- ties as may he acceptable to the City Manager. Sonflou 1. That in the event North- range Associates, Int,. shall fail to exe- cute the acceptance and furnish the se- curity provided for in Sectibn 2 hereof~ within 45 days after the Date of this Res olution, the provisions hereof shall be mill and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted, and approved this 3rd day of March, 1980. Carolyn Farrcll Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO, 54.80 We, tile undersigned Northrange As- sociates, Inc. having read the terms and conditions of the foregoing Resolution No. 54-80 and being familiar with the condition thereof, hereby accept the same ami agree to the condition requi~ed therein. Dated at Dubmlue, Iowa this day of 1980. N0rthrangc Associates, Inc, By: Robert A. Pfaff, President Council Member King moved adop- tion of tho Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarreU, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Resolution not in effect. Communication of Historic Preserva- tion Commission recommending repeal of Ordinance No. 29 29 having been su~ persedcd by Ordinance~ 18-77 and 32-75 because it is ineffectual at ~his time, pre- sented and read. ~0uncll Member Pratt moved that the communication be received and filed. Regular Session, March 3, 1980 69 Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor FarreH. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. ORDINANCE NO. 10.10 AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCE=NO. 29.29 OF THE CITY OF DUBUQUE, IOWA. AND DECLARING SAMETO BE NULL AND VOID AND DF NO EF. FECT, presented and read. Council Member Pratt mnved that the reading Just had be considered the firs~ reading of the Ordlnanee. Seconded by Council Member King. Carried by the following veto: Yaas-Mayor Farrell. Conneil Mem- bers Brady, Felderman, King, Pratt. Nays~None. Council Member Pratt moved that the rule reqmring an Ordinance to De re ceived and filed at two meetings prior to the meeting when final action is takel: be dispensed with. Seconded hy Council Member King. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. ORDINANCE NO. 10-80 AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCE NO. 29.29 OF THE CITY OF DUBUQUE. IOWA. AND DECLARING SAME TO BE NULL AND VOID AND OF NO EF. FECT. WHEREAS. Ordinance No 18-77 provides for the designation of his tmqc preservation district~ in which exterior structural alteratior, modification and co~s[ructmn must subscribe to architcc~ rural design review by the Dubuque Historic Preservation Commission., ami WHEREAS. the properties abuttivq Bluff Street between Pirst a~d Seventh Streels lie within a potential pr~,serva- tion district: and WHEREAS. Ordinance No. 32-75. the "Zoning Ordinance. "promotes those as. peris of the health, saf~ Iy and yl,~teral welJ~re as was intended by Ordinance, No. 29~29: and WH]~JREAS. the above said ordi~mm.. es effectively supersede the promsw~/s and intent of Ordinance No. 29-2,9: and WHEREAS. the City Council has held a public hearing for the p*trpose oy hearing all interea !ed parties and co~- sidered all o~lections to the proposed or- ] DAINEDBYTHECITYCOUNCIL OF TIlE CITY OF DUBUQUE IOWA: RESOLUTION NO. 5~80 7O Regular Session, March 3, 1980 Section 1.That the delivery of Warran- ty Deed by: Richard V. and Charlene L. Hansel, and Woodrow H. and ftenrlctta Wenkstern. and Eleanor J. Rafoth, dated November 9, 1979, conveying to tke City of Dubuque, Iowa the herein- above described rem estate be and thc same is hereby accepted~ Section 2. That tile City Clerk be and he is hereby aulhorized and directed to cause said Warranty Deed to be record- ed in the ()ffice of the Dubuque County Recorder together with certified copy of this Resolutkm, Section 3. That the City Clerk be and he is hereby directed to fi~rward acer ti- lied copy of this Resolutbm to the Dubu- que City Assessor and the Dubuque County Auditor. Passed, adopted, and apprnvcd tlds 3rd day of March, 1980. Carolyn Farrell Mayor ,fames E. Brady D. Michael King John L. Felderman Michael W. Pratt Ceuncil Members ATTEST: Leo F. Fromr0elt City Clerk Council Member King moved adop- tbm of the Resolution. Seconded by Council Member Pratt. Carried by the fidlowing ~ote: Yeas-Mayor Farrcll, Council Mere: bets Brady, Felderman, King, Pratt. Nays-None. RESOLUTH)N NO. 56-80 WHEREAS, the City of I)uhuque, Iowa has acquired the real estate here- leafier described from Richard V. and Charlene L~ Hansel, and Woodrow Il. and Henrietta Wenkstcrn, and Eh~anor J. II, Moth; WHEREAS, said persons have deliw ereda Warranty Deed conveying real estate to the City nf l)ubuque, Iowa, de- scribed as: Lot 2 of Lot 2 of Lei 3 in Block 21-A in Key Knolls Subdivision in tke Ci ty of Dubuque, as shown on the a/taehcd plat Exhibit "A"; and WHEREAS, said delivery of deed dated November 9, 1979 hy said persons to the City of Dubuque, Iowa should he accepted; NOW THEREFORE BE Iq' RESOLV ED BY TttE CITY COUNCIL OF Tttl,] CITY OF DUBUQUE, IOWA: Section 1. That the delivery of War- ranty Deed by: Richard V. and Charlene L. Hansel,and Woodr0w H,and Henriet- ta Wenkstern, and Eleanor J: Rafoth dated November-9, 1979, conveying to the City of Dubmtue, Iowa the herein: ahnve describ~d real estate be and thc same is hereby accepted. Section 2.T hat the City Clerk be and lie is hereby authorized and directed to cause said Warranty Deed lobe record- ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be and he is hereby directed to forward a certi- fied copy of this Resolutkm to the Dubu- que City Assessor and tho Dubuque County Auditor. Passed, adopted, and approved this 3rd day of March, 1989. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommeit City Clerk Counei) Member Ki~ moved adop- tion of tke Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Pelderman, King, Pratt. Nays-None. RESOLUTION NO. 57-80 WHEREAS, the City of Dubuque, Iowa has acquired the real estate here- imHter descrihed from Richard V. and Charlene L, Hansel WtIEREAS, said persons have deliv- ered a Warranty Deed conveying real estaie to the City of Dubuque, Iowa, de- scrihed as: Lot 2 of 1 of the subdivision of Lot 1 of&et A of Block 22 in Key Knolls Subdivision, in thc City of Dubuque, as shown on the attached plat Exhibit "A'; and WHEREAS, sitid delivery of deed dated November 9, 1979 by said persons ~o the City of Dubuque, Iowa should be accepted; NOW TttEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUt~UE, IOWA: Soctlo~ 1. Thai. the delivery of War~ rarity Deed I)y: Richard V. and Charlene L. Hansel dated November 9, 1979 con veying to the City of Dubuque, Iowa the herelnabove described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be record ed in the Office of the Dubuque County Recorder together with certified copy of tkis Resolution. Section 3. That the City Clerk be and he is hernby directed to forward a eerti- Regular Session. March 3, 1980 71 fled copy of this Resolution to the Dubu- que City Assessor and the Duhuque County Auditor. Passed. adopted, and approved this 3rd day of March. 1980. Carolyn Farrefi Mayur James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member King moved adop tion of the Resolution. Seconded by Council Member Pratt. Carried' by tke following vote: Yeas-Mayor Farrefi. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. RESOLUTION NO. 58 80 WHEREAS. the City of Dubuque, Iowa has acquired the rea[ estate here~ inafter described from Richard V. and Charlene L. Hansel. and Woodn~w H. and Henrietta Wenkstern. and Eleanor J. Rafoth. and WHEREAS. said persons have deliv- ered a Warranty Deed conveying real estate to the City of l)uhuque. Iowa. de- scribed as: Lot 2 of Lot 2 of Suhdivlskm of Lot 1 of Lot A. Block 22 in Key Knolls Subdivision in the City el Dubu~lue, as shown on the attached plat Exhibit "A': an~ WHEREAS. said delivery of deed dated November 9. 1979 by said persons to the City of Dubuque. iowa should lie accepted: NOW THEREFORE BE IT RESOLV- ED BY THE UITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: Section 1. That the delivery of War- ranty Deed by: Richard V. and Charhme L. House;. and Woodrow H.and Henriel ua Wenkstern, and Eleam)r J. Rafott dated November 9. 1979. conveying to the City of Dubuque, Iowa the herein- shove described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed m cause said Warrant~ Deed to be record ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be and he is hereby directed to forward a certi- fied copy of this Resolution to ~he Dubu que City Assessor and the Dubuque County Auditor. Passed. adopted, and approved this 3rd day of March. 1980. Carolyn Farre]l Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk 72 Council Member Brady moved that the communication be received and filed and Manager's direction accept.ed. Sec- onded by Council Member PratL. Car fled by tile following vote: Yeas-Mayor Farrell, Council Mere bets Brady, Felderman, King, PraLt. Nays None. Communication of City Manager re- questing action to secure a replacemenL for Father Dalton and to communicate tbe name to Operation: New View, pre- sented and read. Council Member Brady moved that the communication be received and filed and referred to Council Member King. Seconded by Council Memher Pra£t. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldermam King, Prat. t. Nays~None. Communication of Community DevcL opment Commission submffLing com- ment.s and recommendations rebtive to Community Development Block Grant amendments for Fiscal Year 1980 and proposed Budget for Fiscal Year 1981, presented and read. Cnuncil Member King moved thai the communication be received and fded. Seconded by Council Member Pratt. Carried by the following yule: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, PraH. Nays-None. RESOLUTION NO. 59.80 WHEREAS, the Cit.y of Dubuque, Inwa, has heretofore undertaken negoti- atlons wi~h Thermo-King Sales & Ser- vices with respect to the disposal of eer Lain parcels of real estate to said firm; and WHEREAS, said firm has htilcd to completi~ said transactiun and has re leased its interest in said real estate; NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of Quit Chtim Deed by Thermo-King Sales & Serviees Incorporated of Dubuque, Iowa {o Lite City of Dubuque, Iowa covering the fid lowing described rea/estate: Lot 9 of Block 1 of River Fronl Sub- division No. 5, in the City of Dubu- que, Inwa. according to recorded p!ats of record, subject Lo easements and subject to existing easemenls I~u' utilities, including but not limiN~d to fire hydrant and water main and water Well field easement, be and the sltme is hereby steepled. Sention 2. That the City Clerk be and he is hereby authorized and direcLed to Regular Session March 3, 1980 nf record in t.he office uf the Dubuque County Recorder, together wiLh the Af- fidavit of R.N. Russoln explanatory sup- port of said transacLion. Passed, adopted, and approved t.his 3rd day of Marcb, 198(L Carolyn Farrell Mayor James 1;]. Br dy D. Michael King John L. Felderman Michael W. Pratt Council Members AIIESI. Leo F. Frommelt City Clerk Council Member Pratt moved adop- tinn of the Resolution. Seconded by Council Member Felderman. Carried by the fl)llowing vote: Yeas-Mayor Farrell, Council Mem bets Brady, Felderman, King, Pratt. Nays-None ORDINANCE NO. 11-80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SECTION 25-43 OF ARTICLE III OF CHAPTER 25 THEREOF AND ENACTING A NEW SECTION 25-43 OF ARTICLE III OF CHAPTER 25 IN LIEU THEREOF TO ESTABLISH WHEN ACCIDENT REPORTS ARE REQUIRED, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by (,ouncll Member Felderman. Camed by thc following vote: Yeas Mayor Farrell, Council Mem~ bets Brady, Fe dern an, King, Pralt. Nays-None. Council Mere ber Pratt moved that tile rule requiring an Ordinance to be re- ceived and filed at two meetings prior to tile meeting when fit~al action is taken he dispensed with. Seconded by Council Member Felderman. Carried by the fid- lowing Oote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. f1.80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE; IOWA, BE AMENDED BY REPEALING SECTION 25-43 OF ARTICLE Ill OF CHAPTER 25 THEREOF AND ENACTING A NEW SECTION 25-43 OF ARTICLE III OF CHAPTER 25 IN LIEU THEREOF TO ESTABLISH WHEN ACCIDENT REPORTS ARE REQUIRED. Regular Session NOW THEREFORE BE IT DRDAIN. ED 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 and !he same is hereby amended by rc~eal- tnfl Section 25-~3 of Article III el' Chap- lion 25-43 oJ Article III of Chapter 25 in lieu thereof as ]bllows: "Sec. 25-43. Reports required. (al The driver ora vehicle inwdved in an accident resulting in ~v)ury ~o death of any person shall immediate- ly, by the quickest means of commu- nicatio~ give notice of such accident to the Chief of Police. (bi The driver q£ a vehicle involl~ed in an accident resulting in total proper. ty damage ~o an apparent exle?~t of Iwo hundred and filly dollars seventy-two 172t hours ayter such ac- cident ¢orward a written report of such accident and all in]ormation i~ connection therewith, as r~quired in this sectwn, to the office of Police, and when reported else- where shall not constitute a compli- ance with the prow.s~o~s t,f Ibis sec- lc) Every peace qfficer, who. i~ the regular course of duty, ~nves t~gat es a mo~oe vehicle accident o! which a report must be made as required iv a~ the scene of the accident or there- alter by ~nterviewing witnesm s shall, within twenty-four i24t hours ttyter completing sttch in~)estigation dent" parts of ordinances in conflict wilh thi.q ordinance are heroby repealed. Passed. adopted and approm,d this 3rd day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Feldermaa Michael 1~ Pratt Council Members ATTEST: Leo F. Frommelg City Clerk Published officiallu in Th.e Telegrapa Herald Newspaper this 7th day March. 1980. It 3/7 (btu t, lerk Council Member Frat~ moved fins adoption of the Ordinance. Seconded by Council Member Felderman. Carried by the following yore: March 3. 1980 73 Yeas-Mayor FarrelL Counell Mem- bers Brady, Felderman. King, PralL Nays-None RESOLUTION NO. 60-80 WHEREAS. Applications for Beer Permits have been submitted and filed to this Cou nell for approval and tile same have been examined and approved; and WItEREAS. The premises to be oeetl pied by such applicants were inspected and found tocomply with the Ordinanct,s of this City and have filed proper bonds: NOW THEREFORE BE IT RESOLV- ED. By the City Council of the City et l)ubuque, Iowa. that the Manager be au- Lhorized to cause to be issued to the lowing named applicants a Beer Permit. CLASS "C" BEER PERMIT Lucky Stores. Inc, Also Sunday Sales) -. 1800 Elm St. Lucky Stores, Inc. (Also Sunday Sales) -. 3033 Asbury St. Lucky Stores. Inc. (Also Snnday Sales) -. 3049 Asbury St. Brian J. Vincent Also Sunday Sales) - 3305 Asbury St. Will-Co. Inc. false Sunday Sales) - 805 West 5th St. Passed. adopted, and approved this 3rd day of March. 1981L (btrolyn Farrel] Mayor James E, Brady D. Michael King John L Felderman Michael W. Pratt ATTEST: Council Members Leo F. Frommeb City Clerk Coum.il Member Pratt moved adop- Hen ol the Resolution. Seconded by Council Member King. Carried hy the following vm.e: Yeas Mayor Farrell. Council MpiT bets Brady, Felderman. King, ['taLl Nays-None. RESOLUTION NO. 61-80 WHEREAS,Applications for Liquor Licenses bare been submitted to this Council for approval and the same save been examined and approved: and WHEREAS. The premises to be ecru 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 a u- thorized to cause to be issued to the hd Inwine named applicants a Liquor CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Fraternal Order of l~agles #568 (Also Sunday Sales) -- 1175 Century Drive 74 Regular Session March 3, 1980 ,lames Robert Winders (Also Sunday Sales) - 1701 Central Ave. Junnies Lounge, Ltd. (Also Sunday Sales) - 2095 Kerper Bivd, K.C. & S. CO., INC. (Also Sunday Sales) - 4th and Main St. P~tssed, adopted, and approved this 3rd day of March, 1980. Carolyn Farrefi Mayor James E. Brady D. Michael King John L, Felderman Michael W. Pratt ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mere bets Brady, Felderman, King, Pratt, Nays-None. Abstain-Council Member Brady on K.C. & S. Co. Inc, Council Member Brady mow~d that Ihe City Staffbe directed to review CCh- tract of K.C. & S. Co. Inc. regarding tim sale of Pickett's Beer. Seconded by Conncil Member Felderman. Carried by the folluwing vote: Yeas-Mayor Farreil, Connel[ Mere Yeas-Mayor Farrell, Council Mere bers l:;rady, Feldcrman, King, Pratt. Nays None. Communication of Kerin Mgiden- bauer indb!ating concern over the care and control of Catfish Creek without Federal State or County Guidelines, presented and read. Kerin Moldenhauer spoke to the com- mnnication. Council Member King moved that the communication be received and filed and referred to Planning & Zoning. Second cd by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrcl], Council Mem- bers Brady, Fe~derman, King, Pratt. Nays None. Communication of Peoples Natural Gas advising of a rate decrease in the amount of .275c per one hundred cubic feet to all rates of residential commercial and rural small volume customers, pre. sented 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 FarreU, Council Mere bets Brady, Felderman, King, Pratt. Nays None. (;ommunicatlon of tlUD submitting a revised allocation plan for Iowa super- vising the former plan of January 4, 1980 reflecting major changes in the number of dwefiing units anticipated, and in some programs reflecting a lower level of funding, presented and read. Council Member King moved that the communication be referred to the Com- munity Development Commission. Sec- ouded by Cnuncil Member Felderman. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Pratk Nays-None. Communk~ation of HUD advising of Housing Assistance Funds currently avaiktblc for usc for Dubuque, Blaek- hnwk & Linn Counties, in the amount of $250,660. for new construction (70 1 to 2 b¢idrooms), presented and read. Council Member King moved that the communication be referred to the Com- munity Development Commission. Sec- ouded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Cnmmunication of HUD advising of acceptance of applications to administer Seclion 8 Existing Housing Program in Metro Area #1 in the amount of $281,000. (21 3 or more bedrooms, 14 2 bedrooms, handicapped 48), presented and read. Regular Session, March 3, 1980 75 Council Member King moved that the communication be referred to the Com- munity Development Commission. Sec ended by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of James Clancy et al object- lng to the proposed site for building two apartments for the elderly and handicap- ped at Stafford & Edison Streets, pre- sented and read. CounciI Member King moved that the petition be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. Communication of Iowa DEQ advising that a maximum contaminant level has been established in the primary drink- ing water standards by U.S. Environ- mental Protection Agency, this being formation in the early stages of propos- ing of TTHM monitoring and MCI, re- quirements, presented and read. Council Member King moved tliat the communication be referred to Public Works and Water I)epartment, Second- ed by Council Member Felderman. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of DOT addressed to the Board of Supervisors, advising of jurisdictional transfers to be completed prior to December 13, 1980, relative to Iowa 386 Junction of 52 & Iowa 3 north; Peru Road/32nd Street from U.S. 52 and Iowa 3 north to 386; Iowa 963 (former U.S. 151) northeast to junetion 61, pre~ sented and read. Council Member King moved that, the communication be referred to prior tlon taken with the County. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrel], Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of DOT submitting in formation relative to negotialing right of way between railroads & utilities per- taining to the ongoing coordination with the railroads especially in the area under the Julien Bridge, 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 Joe Casanova ob~ jeering to the static at the local level in getting the Freeway started, disturbed by the continuous hassle, presented and read. Conncfi Member King moved that. the communicatbm be received and filed. Seconded by Council Member Folder man. Carried by the fo]lowing vole: Yeas-Mayor Farrell, Council Mere bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re~ commending that no action be taken at this time relative to Mrs. Schuster's con- sideration in reviewing the installation of a handicap parking stall at 395 College St., presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Fe]der- man. Carried by the following vote~ Yeas Mayor FarreH, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- commending that no action is necessary at this time as the proposed channehza- tion and crosswalk improw~ments at the in tcrsection of W. 5th & Hill Sts. as same will be taken care of at the time of street improvement programs (Chatfie]d peri tion), presented and read. Council Member King moved that the co~nmunication be received and filed., Seconded by Council Memb~i'~elder- man. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Communication of DMATS submit- ting year 2009 soci-economic forecast, presented and read. Councfi Member King moved that the communiclttion be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bers Brady, Felderman, King, Pratt. Nays-None. MINUTES SUBMITTED - Dubu- que Transit Trustee Authority of 1 10 & I l 3 l; Cable TV Commission of 2-5; Bec- reation Commission of 2q 1; Commmdly Development Comm. of L30 & 2q2; Air- port Commission of 2-14; Keyline Earn lng Statement for January, 1980; flock Commission of 2-14; Housing Commis sion of 2-19 & 2 25; P & Z Work Session of 2-19, Special Meeting of 2 20; Five Flags Commission of 2-19, presented and read, Council Member Pratt moved that thc minntes be received and filed. Seconded by Council Member Felderman. Carried by the following vote: 76 Regular Sessim March 3, 1980 Yeas-Mayor FarrelJ. Council Mom bors Brady, Feldcrman. King. Pratt. Nays-None. Proof of Publication, certified to by the Publisher. of Receipts & Disburse- ments fur month of January, 1980, pre- sented and read. fi[ed. Seconded oy Council Member Fei Yeas-Mayor Farrell Council Mem- bers Brauy, Felderman. King. Pratl. jury claim of Catherine M. Vogel, no ac- tionable negligence on part of the City, Council Member Pratt moved timt the Seconded by Council Member Fe]dct Yeas-Mayor Farrell. Conm'il Men NOTICE OF CLAIMS - Brian D. into a chuckhole at 18th Street near Eagle's Super Market on 2 12-80; Ann & Leo J. Krlngle, in an undetermined as the result of a car accident, due to slip pcry streets at 800 block of Locus St., Mutual Companms. automobile babilitv parked pickup truck in the 800 Blnck et Locust St.. injuring Ann K, Kringie in Council Member Pratt moved that the Notices of Claims and communication be ended by Council Member Fe]derman. Carried by the folIowing vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. refund of $211.25 for unexpired liquor Ii cruse No. LC 0011919, discontinued rerund be approved and City Auditor dL ed by Council Member Feldcrman. Car- ried by the followb~g vote: Yeas-Mayor Farrell, Council Mere bors Brady~ Felderman, King, Pratt, Nays-None. Communication of Exchange lib'er tor, Phyllis Tabak, for the Friendship Force expressing thanks fnr considera- tion given for their project, presented and read. Council Member Pratt moved that tho commumcauon be recmved and filed. Seconded by Council Member Folder man. Carried by the following vote: Yeas-Mayor Forfeit Council Mem~ tiers Brady, Felderman. King, Pratt. Nays-None. Communication of Thomas F. Leibold objecting to tile Mayor traveling to Des Moines to oppose legislation to reduce real estate tax when the same is not ap- proved by majority of the Council. pre sented and read Council Member Pratt moved tbat tbe communication be received and filed. Seconded by Council Member Folder man. Carried by the following vo~e: Yeas-Mayor Farrel]. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of HUD informing ~he Council that the agreement for Pnbli~ Body approval of Section 312 Rehab. Loans has been approved and thanking thc Council in their willingness ~o asmst. presented and read. Council Member Pratt moved that the commumcation be received and filed. Seconded by Council Member Folder- man. Carried by the following veto: Yeas-Mayor Farrell. Council Mom bors Brady, Felderman. King~ Pratt. Nays-None Tbere being no further bnsiness~ Council Member Pratt moved that the meeting be adjourned. Seconded by Council Member Brady. Carried by the hallowing vo~e: Yeas-Mayor Farrell. Council Mem~ bors Brady, Feldcrman. King, Pratt Nays None. Leo F. Frommelt City Clerk Approved .............. .' ....... 1989 Adopted ....................... 1980 Council Members ATTEST: City Clerk Special Session March 10, 1980 77 CITY COUNCIL OFFICIAL special $~ssion, March 10, 1980. Council met at ?:00 P.M. (C.$.T.) et Five Flags Center, Orpheum Room. present-Mayor Farrell, COuncil Members Felderman, King, Pratt. City Manager W. Kenneth Gearhart. Absent- Council Member Brady at roll.call. Mayor Farrell read the call and stated that service thereof had been dely made and this Meeting is called for the pur- pose of CONDUCTING A PUBLIC HEARING ON THE BUDGET ESTL MATE FISCAL YEAR JULY 1, 1980 TO JUNE 30, 1981, also acting upon such other business as may properly come be- fore the Meeting; Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ings on Budget Estimate for fiscal year July 1, 1980 to June 30, 1981, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following w)te: 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 Public ttear lng on the use of Revenue Sharing monies to be used from July 1, 1980 end- ing June 30, 1981, presented and read. Council Member Felderman moved that the proof of publication 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. Proof of Publication, certified to by the Publisher, of Notice of Public Hear lng on the proposed Five Year Capital Improvement Program from July l, 1980, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- lng on Community Deve]opmenl Block Grant Program proposed aracndments to Fiscal Year 1980 Budge~ presented and read, Council Member FeJderman moved that the proof of publication be received and filed. Seconded by Council Member Pratl. Carried by the foll0wing vole: Yeas-Mayor Farrelll Council Mem- bers Felderman, King, Pratt. Nays None. Absent-Council Member Brady. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- lng on Community Block Grant Program for proposed Fiscal Year Budget 1981, presented and read. Cmmcll Member Felderman moved thai. the proof of pubfication be receiw~d and filed, Seconded by Council Member Pratt. Carried by the following w~te: Yeas Mayor Farre]l, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Petitbm of Donald E. Delch et al (2093 signatures) stating "We the people believe the ambulance service should be operated and administered from within the City Government Structure, rather than from any one hospital location. We further believe, a city based ambulance can betler serve the needs and this area and work more closely with all hospHals resulhng in better patient care," pre sortied and read. Council Member King moved thai the petition be received and filed. Seconded by Council Member Feblerman. Carried by the ['ollowing vote: Yeas-Mayor Farrell, Council Mom bors Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Petition of Elizabeth Baule et al (110 signers) stating "We the people whose names are following this statement, ask the Dubuque City Council not to close Fire Station #5 or any other station; lower the man power of any unit, or remove any unit from active service," presented and read. Council Member King moved that the petition be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers I,'eiderman, King, Pratt. Nays-None. Absent Council Member Brady. Petition of Kenneth Hedges et al (358 sigm!rs) stating "We the undersigm~d feel that the proposed closing of Engint, thmse 2:5 and the cut in manpower of the Fire and Police Departments will seri ously jeopardize the Health and Safety of the citizens of this community. There fore we petition the Dubmtue City Court ell to refrain from implementing those proposals,' presented and read. Council Member King moved thai the petition he received and filed. Seconded 78 Special Session March 10. 1980 by Council Member Felderman. Carried by the follnwing vote: Yeas-Mayor Farrell. Council Mew bets Felderman. King, Pratt, Nays-None, Absent-Council Member Brady. Petition of leA nn McCauley et al 1962 signatures) stating "The undersigned do hereby petition the Dubuque City Coun cji and/or the Dubuque City Manager NOT to c]ost, the No. 5 Fire Statbm pre Nays-None. Absent-Cmmci] Member Bratty. Communicating of Robert M, Kisting objecting [oa reduction in police officers as proposed in the budget, presented and read. Courted Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Felderman, King, Pratt Nays-None. Absent-Councll Member Brady. Communication of General Drovers ~ Helpers Union. in support of the Police Department demands that the City does not reduce the work force at this time. presented and read, Council Member King moved that the ,.ommunication be received and filed. Seconded by Council Member Felder- man. Carried by the following ye*e: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-None. Absent-Council Member Brady. Communication of J. J. Franser. Sec'y. of Knights of Columbus. objecting vices in the Dubuque Police or Fire De- partmenh 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 Fe]derman King. Pratt. Nays-None. Absent-Council Member Brady. Communication of Pasquale Di Pas- qume. Jr.. of 999 Kirkwood. expressing concern over the proposed budget for the Police Department. one man patrols cie.. requesung careful scrutinizing the entire structure of the Police Depam.- men[, presented and read. Council Member Kin~ moved that the communication be received and filed. Seconded by Council Member Felder man. Carried by the following yore: Yeas~Mayor Farrell. Council Mem- bers Fclderman. King, Pratt Nays-None. Absent-Council Member Brady. Communication of Contl Carriers and Terminals Inc. indicating concern of the proposed moving el the Dock Office ~o City Hall, they would not have available space to accomodatc, presented and read. Council Member Kin~ rpoved that the communication be rece~ged and filed. Seconded by Council Member Felder- man. Carried by the following vote: Special Session Yeas-Mayor Farrcll, Council Mem~ bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Communication of Dubuque Twine CO. being appreciative of chance to mak, an offer for space to the Dock Commis- sion and hoping the Commission will be able to keep the office in a River front cation, presented and read. Council Member King moved that th~ communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Communication of Dubuque Marina Inc. indicating they do not have ade- quate space for a Dock Commission of- fice and requesting that the Dock opera- lion be left where it is now, 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 Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Communication of Dubuque ()il Ter~ minal Company indicating concern that if the Dock Commission office would be moved from its present location it would lessen the ability to act quickly in emer- gencies and be readily available for other business matters, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder~ man. Carried by the foll~)wlng vote: Yeas-Mayor Farrell, Council Mem- bers Febterman, King, Pratt. Nays-None. Absent-Council Memher firady. Communication of Dubuque County Conservation Society requesting consid eration of the proposal to dissolve the Dock Commission and indicating opposi- tion to such procedure, presented and read. Council Member King moged that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas:Mayor Farrell, Council Mere bers I~ olderman, King, t rail. Nays-None. Absent-Council ~lember Brady. Communication of The Pillsbury Co. strongly feeling that the Dock Commis- sion, its office and personnel shonid re March 10, 1980 79 main located in the Imtustrial Seetb)n which they serve, presented and read. Council Member King moved that, the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following Yule: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays None. Absent-Council Member Brady. Communication of Burlington North- ern stating they have no space available flw Dock Commission use, also indicating that the present location of the Dock Commission is adequate for their use, presented and read. Council Member King moved that the communicatbm be received and filed. Seconded by Comleil Member Felder- man, Carried by the following vote: Yeas-Mayor Farrell, Conncil Mere bets Felderman, King, Pratt. Nays-None. Absenl Council Member Brady. Communication of Dubuque Yacht Basin indicating that removal of the Dock Commission office would be a mis- take, if however necessary another River Front location would be a good idea, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following w~te: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-None. Absent-Council Member Brady. Communication of Cassville River Terminal indicating concern that if the Dock Commission office is removed from the river front area, it will seriously ham- per her availability and many problems will be passed over va[her than make a trip to City Hall, presented and read. Council Member King moved that tile communication be received and filed. 80 Special Session. March 10, 1980 Communication Board Commissioners indicating that the les- sees along the waterfront are paying rentals in amounts sufficient not only to cover the operation of the Dock Office, but also to contribute significantly to the City's General Fund. and the belief of the Commission is also in line with the lessees that the so called "Bottom Line" will be a net loss of efficiency, presented and read. Council Member Kin~ moved that the Seconded by Council Member Felder man. Carried by tbe following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays None. Absent-Council Member Brady. Petition of Arnold Fritsch m al {692 hereby protested the proposed 18% tax rate increase as submitted by City Man- ager Ken Gearhart for the 1981 Budget We petition the City of Dubuque to omit Council Member King moved that the communication be received and filed. Seconded by Council Member FeMer- man. Carried by the following vole: Yeas-Mayor Farrell. Council Mem- bers Fefilerman. King, Pratt. Nays-None. Absent-Council Member Brady. Communication in the form of a state- ment by Ray Donlevy, stating that the individual personalities and ;camwork of the Ynnth Services Staff are the key as ~ m. presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Fclder man. Carried by the following yom: Nays-None. Absent Conned Member Brady. Communication of Virginia V. Kistine objecting r.o the cutting of the police force and Council should be aware of the read. Council Member Pratt moved that the commumcation be received and fi]cd. Seconded by Council Member F/qder- man. Untried by the following vol,e: bets Felderman, King, Pratt. Absent-Council Member Brady. Voters b~ support of the City Man ~ r's his willingness to snpport the Library and Civic Center. and further express- ing their appreciation for the opporm- nity of allowing the citizens to become in volved, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following ye;e: Yeas Mayor Farrell, Council Mem~ bets Felderman. Kin~. Pratt. Nays-None. Absent-Council Member Brady. Communication of Chamber of Com- merce being in ¢'enerat agreement with and support of proposed budget, despite various controversies, presented ami read, Council Member Pratt moved tbat the communication be received and filed, Seconded by Coumdl Member Felder- man. Carried by the following ye;e: Yeas-Mayor Farrell. Council Mom- [)ers Felderman. King, Pratt. Nays-None. Absent-Conncil Member Bra¢~y. COUNCIL MEMBER BRADY EN- TERED THE ROOM AT 7:30 P.M. AND TOOK HIS PLACE AT THE TABLE, Council Member Pratt moved to sus- [)end the rules to let anyone present ad- dress the Council if they so desire. Sec- ended by Council Member Felderman. Carried by the following vo;e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Pratt moved to ac- ~ ept the City Mat after s Budget as re- commended for Fiscal Year 1981. Sec- ended by Council Member Felderman. Carrie(] by the following vo;e: Yeas-Mayor Farrell. Council Mem~ hers Brady, Felderman. King, Pratt. Nays-None. Mayor Farrell advised the public in at- ten(lance, that sbe would read which de- p;tr~ment they were discussing and if any oral comments were to be marie for tbat partimdar department, they would be allowed to be made at the proper Council Member Brady moved that the Police and Fire Department Budgets be considered as last items of the meet- ing. MOTION DIED FOR LACK OF A SECOND. City Council -- No Comments City Manager Donald Deich object- ed to position of Systems Anal~,st: Re- quested it be stricken from Budget. City Clerk ~ No Commenhs. Fin,~nce Department -- No Com- Special Session, March 10, 1980 81 Legal Department -- John Klauer asked about a full time City Attorney. Information Services Department (Data Processing & Work Processing) - No Comments Human Rights Commission -- No Com- ments Poli~e AND Fire Departments -- Tom 8eha~fei' questioned why City Ad- ministratioll was allowed to increase by 29% and Police & Fire Departments forced to cut; Nortb Hill travel time would increase from 6 to 12 minutes for response; I man car would cause in- crease in serious crime; indicates negli- gence. Donald Deich spoke to 3 items - Fire, Police & Ambulance of opinion these arc services we cannot do without; Would create increased time to respoml; Re- sponse time from University station to Table Mound area would be in excess of 7 minutes; Questioned if we can afford to play with human lives: Need only $323,225 to maintain hdl service. Paula Gieseman expressed with taxes going np we should consider facts and figures concerning the Police and Fire Departments. Alfred Polsean was of opinion that. promises made at time of annexation were not kept. Tom Meyer advised Council to pre- pare citizens for tax raise of 18% and services would be cut. Jack Schumaeher was of opinion that if the cut is made to one man cars, offi- cers will quit the force. John Kormann stated Police Force should be up to 97 employees, not at 81; City would be 22 less than National aver- age; Present personnel ordered to stick in close to City - stay out of annexed area; Presently now have 1 man patrol ears; With new bridge being constructed - be geared up for more emergencies. Carl Thoman felt taxes go up, parking meters increasing, sewer rates increas- ing, we should be able to add fb'emen and police at proper pay; No one man cars, Of upinion City is negligent in doing their job. Marlene Boland requesting a bigger room to conduct this public hearing. Marion Williams of Old Mill Road ask- ed for adequate police protection. Roy Sehmeichel questioned 29% in crease for administration and take away Police & Firemen - Do common think: lng. Joan McCauley spoke on behalf of pro- posed Fire cuts -- Referred to Kelly Lane area; Residents of Marian Hall, St. Raphael, Bryant School and St. Columb- kille's all are area with limited access; Dodge St. intersection of much concern; Need to service newly annexed area; Re- quested to cut from other areas of the budget. John Klauer requested they keep Fire Station #5. Tom Meyer requested positive re spouse from Council. Jim Schreiber was of opinion that if Fire House #5 is eliminated; 1~/~ to 2 minutes added to response time to south end; City not living up to commitment of annexed area. Richard Wertzberger Jr., questioned if the City bas a long range growth plan, What is average response time, Police protection 5 to 10 years down the road, Is Galvin report implemented~ Is Gruen report being follownd, Recommended that if there is no long range repro't, get OhO. Sberyl Albert advised there is a tank hazard at lower Dodge Street. Pat Conlon also spoke to the Budget. Mike McCauley referred to early 1950 fire at Mt. Carmel; Questioned why cut out fire protection -- South end of town will not have adequate protection. Richard Thics spoke to fire depart;- Civil Defense -- No Comments Community Development Depart~ ment - Community Development Block Grant Funds Administration - No Comments; Housing Services Division (Housing Code Inspection, Rehabilita- tion, Federal Housing Programs -- No Comments; Health Services Division (Nursing, Food Sanitation, General San- itation, ~.nimal Control) - Don Deich Parochial Schools. Rev. Carl Schmidt expressed grati- tude for 28 years of service with nursing program; Could work with reduction of 4 thousand students; Would like to see progrmn cnntinued; Recommend reduc Dr. Edward Scott spoke to the Public Health services. John Klauer spoke to proposed in- crease in Dog License fees. Building Inspection Division (Building Code, Plumbing & Mechanical Code In- spection, Electrical Code Inspection) - No Comments; Development Adminis- tration (Planning & Zoning Commission) - No Cemments. Planulng Division - Alfred Polsean was of opinlon that City should not be in . about Trenkle Bul]ding; Five Flags Civic Center; Referred to old house on hill. Public Works Department -- Engl- neering Division - Tom Meyer ques- 82 Special Session March 10, 1980 tioned wily get engineers from out of City for consultation. Street Division (Street Repair, Street Cleaning; Snow Removal, Sewer Main tenance, Traffic Signals & Street Light- ing, Refuse Collection, Landfill Opera- tion and Municipal Garage) - Donald Deich felt expenditures for lights at Dodge & Bluff Sts. not needed and Ken- nedy Road and Wacker Drive. Water Division -- Chris Allendorf felt meter rates were too high. Waste Water Treatment Division - No Comments Dock Division -- No Comments Parking Divisbm -- Nicholas Lucy ob- jected toincrease for reserved spaces. Youth Services -- Francis Giunta ob- jected to this department being cut &om Budget. Ken Hindman requested that Youth Services be retained in the Budget. Transit Authority (Keyline) - No Comments Airport - No Comments Library -- No Comments Recreatinn Department - No Corn ments ~¢Park Department - No Comments '~ Five Flags Civic Center - Wm. Roth requested to hold all Council Meetings here. Contributions - John Klauer quested City get out of Charity business. Vi Kies requested assistance for the Girls Club. Purchase of Services (Economic De~ velopment, Convention Bureau) - John Thillman objected to giving $50,000 lo the Chamber of Commerce. Nondepartmental Budget Accounts - No Comments Capital Improvement Program ICIP) Projects - Al Polsean, John Klauer and Tom Meyer spoke to this program. General Budget Comments - Nicho- las Lucy objected to tax increase of 18O/o Company has heretofore entered into an Opinion Agreement with the City of Du buque, Iowa governing I,ots 6, 7, 8 and 9, all in Block 1 in River Front Subdivisbm No. 5 in the City of Dubuque, Iowa; and WHEREAS, said option agreement was modified as to Lots 8 and 9 in Block 1 in River Front Subdivision No. 5 in the City of Dubuque, Iowa; and _ WHEREAS, Klauer Manufacturing Company has elected to exer6ise said op- tion as relates to Lots 8 and 9 in Block 1 in IUver Front Subdivision No. 5 in tile City of Dubuque, Iowa; and WHEREAS, pursuant to said option agreement and exercise thereof, the Mayor and City Clerk have executed a Quit Claim Deed to Klauer Manufactur~ lng Company and same has been deliver- ed, and the receipt of the balance of the purchase price in the sum of $79,178.83 payable to the City of Dubuque, I0wa is acknowledged. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section ~. That the execution and delivery of Quit Claim Deed conveying Lots 8 and 9 in Block 1 in River Front Subdivision No. 5 in the City of Dubu- que, Iowa to Klaue~' Manufacturing Company be and the same is hereby ap- proved, ratified and confirmed. Section 2, That the City Cldrk be and he is hereby directed to file a certified copy of this resolution in the office of the Recorder of Dubuque County, Iowa. Section 3. That this real estate having heretofore been prqposcd to be disposed of to Thermo King Sales & Service of Du- buque, Inc. and by reason thereof through mishap taxes were levied on s0id real estate for the years 1978-79 and 1979-80, and that such assessed levy has been removed from tbe tax list. How: ever, in the event that said taxed Should be asserted against Klauer Manufactur- tohomeownersandonly9%commercial ' ingarisingoutofthetransactioninvolv- business, Judy Fjellman expressed appreeia- tion on behalf of Le~tgue of Women Voters. Lilllan McFadden of Hadford tread area questioned water expansion in the area. Peter Takes requested City analyze trudger; Develop a priority; Public Safe- ty should be prime concern; Felt expres- sions on behalf of Fire & Police were good presentations; Sherry Chency of opinion that the tendency was to cut peo- ple doing the work; Don Dnieh objected to budgeting $141,000 to create new jobs. RESOLUTION NO] 62-80 WHEREAS. Klauer ManufaCtrUring lng the City of Dubuque. Iowa and Ther- mo King Sales & Service of Dubuque, luc.; the City of Dubuque does hereby agree to indemnify and hold Klauer Manufacturing Company harmless from any and all claims, demands or payments for said taxes during said period. Passed, adopted, and approved this 10th day of March, 1980. Carolyn Farrell Mayor ~- James E. Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Council Members Leo F. Frmnmelt City Clerk Special Session March 1O, 1980 Council Member King moved adop- tion of the Resolution, Seconded by Conned Member Felderman. Carried by the following vote: Yeas*Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. Council Member Felderman moved to adjourn this meeting to 7:00 P.M. on Tuesday, March 11.1980 in the Orpheum Room in Five Flags Center. Seconded by Council Member Pratt. Carried by the ~ollowing vote: Yeas-Mayor Farrell. Council Mere bets Brady, Felderman. King, Pratt, Nays-None, Leo F. Frommelt City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk 83 84 Adjourned Special Session, March 11 1980 CITY COUNCIL[ OFFICIAL Adjourned Special Session, March 11, 1980. Council met at 7:00 P.M. (C,S.T.) Five Flags Center, Orpheum Room. Present. Mayor Farrell. Council Members Brady, Felderman. King, Pratt. City Manager W. Kenneth Gear* hart, Mayor Farrel| read the call and stated that service thereof had been duly made and this is AN ADJOURNED SESSION OF MARCH 10. 1980. called for the pun- pose of CONTINUING THE PUBLIC HEARING ON THE BUDGET ESTI- MATE. FISCAL YEAR JULY 1, 1980 TO JUNE 30,1981, also acting upon such other business as may properly come be- fore the Meeting, Communication of Edward T. Cawlev indicating the inadvisibility of moving the Dock Commission office from its pre- sent location, nresented and read. Council Member King moved that the communication be received and flied. Seconded by Council Member Feldcr- man. Carried by the following vote: Yeas-Mayor Farreli. Council Mem- bers Brany, Felderman. King, Pratt. Nays-None. Cmnmunication of Katuln Bros. Inc. indicating }lis preference in the uf the Dock Commmmon office as slaying where they are presently located, pre sented and read. Council Member Kblg moved that the communication be received and filed. Seconded by Council Member Fe]der- man. Carried by the following vi)re: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays~None. Council Member King mowqi to amend the Civil Defense Budget by during it in the amount of $3,392.00 and increasing the Municipal Pool Operatiou by $3,392~00. Seconded by Council Mem- bec FeJderman. Carried by the follewing Yeas-Mayor Farrel] Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Following discussions the A b'p~r t De- par~mem,, ttuman Rights Commission and Legal Department were approved as presented by the City Manager. Council Member Pratt moved that the City Council Budget be incrcaseu by $1,000 for reserve use by the Mayor both domestic and foreign policies. Sec. ended by Council Member Feldcrman, Carried by the following vo~e: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. Council Member Brady moved to duce the City Manager's Budget by deleting the position of Systems Analyst and deduct amount of $33,000 from the Manager's Budget. MOTION DIED Ii'OR LACK OF A SECOND~ Council Member King moved that the position of Assistant Manager be name(] Administrative Assistant to the Manager a~ a salary grade to be paid $23,800. resulting m a reduction of $7,000 for that position. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays~None. Council Member Felderman moved to reduce the entire City Clerk's Budget by $10.000. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-Council Member Brady. Finance D( par[anent was approved as presented by City Manager. Council Member Brady moved to cu! $10.000 from the Information Services (Word Processing Center and Data Pro- cessing} Budget. MOTION DIED FOR LACK OF A SECOND. Council Member Pratt moved that $7500 be taken ~rom Operation Paint Brush and transferred to Miscellaneous Public Improvements. Seconded by Council Member Fe]derman, Carried by the fo3owing vote: Yeas-Mayor Farre . Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Phmning & Zoning and Health De~ partments approved as presented b g the City Manager. Council Member King moved ;o re- duce income in the Building Denar;men; ;o charge $10.00 for multiple inspection instead of the present $30.00: Reduce number of ttousing Inspector by one: thus reducing revenue by $6,374 and in- creasing overnll budget by $24,700 with the reduction el Multiple Dwelling specter I ~position. Seconded by Council Member Iielderman. Carried by the fei b)wing w)tc: Yeas-Council Members Brady, Fel- dcrman. King, Pratt. Nays-Mayor FarrelL Council Member Brady mo~J to the Ass't. Commissioner from the Build- mg Department. MOTION DIED FOR LACK OF A SECOND. Council Member King moved that the Bnilding Commissioner's salary be re- duced from $28,000 to $23.8(10 {reduction of $4,200). Seconded hv Council Member Adjourned Special SeSsion, March 11, 1980 85 Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Melm bens Felderman, King, Pratt, Nays-Council Member Brady. Council Member Brady moved to re- place $9960. from Manager's Budget to the Dock Department. MOTION DIED FOR LACK OF A SECOND. Council Member Brady moved that the Engineering Department be direct- ed to deduct $2600 from their budget and Old Style light fixtures be used on Cen- tral Ave. Seconded by Council Member Felderman. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Member Brady. Nays-Mayer Farrell, Council Mem- bers Felderman, King, Pratt. MOTION FAILED. Council Member Brady moved to de~ lete the position of Plant Manager from the Wastewater Treatment Budget under Code ~i~.6J-,~0~ON DIED FOR LACK OF A SECOND. Council Member Brady moved that the 2nd Plant Line Supervisor be delet- ed from the Wastewater Treatment Budget. MOTION DIED FOR LACK OF A SECOND. Street Department aud Parking De- partment Budgets were approved as presented by the City Manager. COUNCIL RECESSED AT 9:00 P.M. RECONVENED IN REGULAR SES- SION AT 9:10 P.M. Park Department Budget was ap proved as presented by City Manager. Council Member King moved that Public Library Budget be reduced by $10,000. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Council Members Brady, Fel- derman, King. Nays-Mayor Farrell, Council Member Pratt. Council Member Brady moved that the position of Loans & Grant Clerk be deleted from the Transit Budget, MO- TION DIED FOR LACK OF A SEC OND. Council Member King mowM that sa] any of the Transit Manager be reduced to $23,800 (reduction of $3,967) and rew~ hue from offsetting drop in UMTA Funding be reduced by $1,984. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that the Flite 4 & 5 Saturday Recreation Pro- gram be restored to the budget which does not affect the total budget, Second- ed by Council Member Brady: VOTE ON THE MOTION WAS AS FOLLOWS: Yes-Council Members Brady, Pratt. Nays-Mayor Farrell, Council Mere hers Felderman, King. MOTION FAIL- ED. Council Member Brady moved that the recreation Department Budget he approved except that Flite 4 & 5 operate only nut of the Cultural Arts line item at the discretion of the Recreation Com- mission and that Saturday Program function only if offset by user fees at the .discretion of the Commission resulting in amount of $4,710, Seconded by Coun- cil Member Pratt. Carried by the follow~ lng vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Pratt. Nays-Council Members Felderman, King. Civic Center Budget was approved as presented by City Manager. Council Member Pratt moved that the individual position for Youth Services, in quesHon, be funded thru Hillcresi Ser vices. MOTION DIED FOR LACK OF A SECOND. Contributions to various organize- tbms were presented: Operation: New View in amt. of $5,000., Alcuhol Program in amt. of $10,000, Mayor's Summer Yuuth Prngram in amt. of $2,000., Dubu- que Fesl in amt. of $3,000., Information Referral Services in amt. of $16,600. Council Member Brady moved that the contributions go back to the budget- ed figures of 1980. Seconded by Council Member King. VOTE ON THE MO- TION WAS AS FOLLOWS: Yeas-Council Member Brady, Nays-Mayor Farrell, Council Mem- bers Fclderman; King, Pratt. MOTION FAILED. Communication of The Committee for Civic Responsibility submitting a chal- lenge of the right of the Council to au- thorize public funds for the Dubuque Chamber of Commerce, indicating a con- filet of interest, presented and read. Council Member Pratt moved that the communication be received and filed. S~conded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman; King, Pratt. Nays-None. Council Member Brady moved that $25,000. be deducted from the Econnmic Development-Chamber of Commerce Budget. MOTION DIED FOR LACK OF A SECOND. Council Member Brady moved that $51,616 be added to the Police Depart- ment from Manager's recomm,ended 86 Adjourned Special Session, March 11, 1980 Budget; $26,283 to purchase I more pa- trolman; Delete 2 cars and delete $1800 from added fuel. MOTION DIED FOR LACK OF A SECOND. Council Member Brady moved that $26,283 be added to provide for 1 patrol- man to offset loss of a Captain. MOTION DIED FOR LACK OF A SECOND. Council Member Brady moved to add $183,225. to the Fire Department in or- der to retain Fire House #5. MOTION DIED FOR LACK OF A SECOND. Council Member King moved to pro. vide for additional expense of wage ad- justment-Public Safety in amt. of $40,000. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Felderman, King, Pratt. Nay&Council Member Brady. Council Member King moved to ac- cept the City Manager's approved bud- get and provide for $10,509 to be placed in the City Council-Emergency Reserve Funds. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. Council Member Pratt moved to ap- prove the following Capital Improve- ment Program: Water storage tank ex- penses ~n amount of $63.600: Water Main4ndustrial Center in amount of $9250: Sewer Line-Industrial Center in amount of $148.000: North-West Arteri~ al expenses reduced by $148,000 to be paid by G~O. Bonds in amount $157.000. and West End Improvements $157.006. Seconded by Council Member King. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-Council Member Brady. Council Member Pratt moved to ap~ prove the operating Budget for the Fiscal Year ]981 submitted by City Council Member King Carried by tile fo]lowing vo~e: Yeas-Mayor Farrell. Council Mem- bers Feldermag. King, Pratt. Nays-Council Member Brady. Council Member Pratt moved to adopt the Capital Improvement Budget. Seconded by Council Member King. Car. ried by the folJowing vote: Yeas-Mayor Farrel Council Mem- bers Brany, Felderman. King, Pratt. Nays~None. ORDINANCE NO. 12-80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA. PROVIDING THAT THE CODE DF ORDINANCES. CITY OF DUBUQUE, IOWA. BE AMENDED BY ENACTING A NEW DIVISION 8, COMPRISED OF SEC~ TION 2-172 THEREOF PROVIDING FOR THE CREATION AND FIXING RESPONSIBILITIES OF AN OFFICE OF DIRECTOR OF COMMUNITY DE- VELOPMENT, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrel], Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. Council Member Pratt moved that the rule requiring an Ordinance to be recelv- ed and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Mnmber King. Carried by the following Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. ORDINANCE NO. 12-80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA BE AMENDED BY EN. ACTING A~NEW DIVISION 8, COM. PRISED OF SECTION 2.172 THEREOF PROVIDING FOR THE CREATION AND FIXING RESPONSIBILITIES OF AN OFFICE OF BI RECTOR OF COMMU- NITY DEVELOPMENT. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectiort 1. That th~, Code of Ordinanc- es of the Cit~ of Dubuque, Iowa be amended by e~lacti~o a new Division B comprised o f Section 2-17£ thereof asf ol- Division g. Director of Commumty Development Section 2.172.C'reated: Responsi- bilities Generally. (a) EJ]ec~ve July 1. 1980, there is hereby created the qf]¥ce of Director of Community Development of the City of Dubuque. (b) Said oij~ce shall have the respon- sibility fi~r directing tt~e activities o] several divisions compr~stng the Communitu Development Depart. Adjourned Special Session, March 11, 1980 P~ss~d, adopted, and approved this l l th (fay of March, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderr~an Michael W. Pratt Council Members ATTESt' Leo F, Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this lTth day of March 1980. Leo F. Frommelt It 3/17 City Clerk Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farre]l, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. ORDINANCE NO. 13.80 AN ORDINANCE OF THE CITY OF DUBUQUE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA BE AMENDED BY RE. PEALING SUBSECTION (b) OF SEC. TION 2.169 THEREOF AND ENACT. lNG A NEW SUBSECTION (b) OF SEC. TION 2.189 IN LIEU THEREOF PROVlD. lNG FOR THE CREATION AND FIXING RESPONSIBILITIES OF A PUBLIC WORKS DIRECTOR, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King, Carried by the following vote: Yeas-Mayor FarreIl, Counefi Mem- bers Brady, Felderman, King, Pra£t. Nays-None. Council Member Pratt moved that the rule requiring an Ordinance to be receiw ed and filed at two meetings prior £o the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the f(d]owing vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 13.80 AN ORDINANCE OF THE CITY OF DU- BUQUE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SUBSECTION (b) OF SECTION 2-169 THEREOF AND ENACTING A NEW SUBSECTION (b) OF SECTION 2-169 IN LIEU THEREOF PROVIDING FOR THE CREATION AND FIXING RESPON- SIBILITIES OF A PUBLIC WORKS DIRECTOR. 87 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, Iowa be amended by repealing Subsection [bi ~/' Section 2-169 thereof and enacting a ~zew Subsection [bi of Section 2-169 in lieu thereoJ as jbllows: Section 2-169. Create& Respons?dl- tries Generally (b) Said o]]~ce shall be charged with the responsibility for construction and operation of public works, and shall baize the responsibility for di- recting the activities of seveyal divi- sions comprising the public works department including: l. Engineering 2. Public Docks 3. Public Parki~zg ~. Street 5. Wastewater Treatment b~ Water System Ptlssed, adopted, and approved this 11th day ol' March~ 1980. Carolyn Farrell Mayor James I,]. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATT~:ST: Leo F. Free, melt City Clerk Published officially in the Telegraph Herald Newspaper this 17th day ~tf Macck 1980. Leo ~. Fvommelt City Clerk It 3/17 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas Mayor Farrell, Council Mom- bets Brady, Felderman, King, Pratt. Nays-None. OBD{NANCE NO. lttg0 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 20-2.01 OF ARTICLE II THEREOF AND ENACTING A NEW SECTION 20.2.01 OF ARTICLE II IN LIEU THEREOF PROVIDING FOR THE ESTABLISHMENT OF A HOUSING SERVICES DIVISION, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by 'the iollowing vote: 88 Adjourned Special Session, March 11. 1980 Yeas-Mayor Farrell. Council Mem- bers Felderman. King. Pratt. Nays-Council Member Brady Council Member Pratt moved that the rule reqmrmg an Ordbmnce to be receiv- ed and filed att two meetings prior to the meeung when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following Yeas-Mayor Farrefi. Council Mem- bers Felderman. King. Pratt. Nays-Council Member Brady. ORDINANCE NO. 14-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY REPEALING SECTION 20-2.01 OF ARTICLE II THEREOF AND ENACTING A NEW SECTION 20..2.01 OF ARTICLE II IN LIEU THEREOF PROVIDING FOR THE ESTABLISHMENT OF A HOUSING SERVICES DIVISION. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code ~,f Ordinrmc. es of the City of Dubuque, lowa be amended by repealing Section 2g-2. g! of Article H thereof and by enacting a new Section 20-2.01 of Article H as J;dlows: ARTICLE II Organization end Enforcement Section 20.2.01. Authority Powers and Duty of Building Official: (at Creation of Housing Division: There is hereby recreated the Hous~ lng Divisian in the Building Depart. ment of the City of Dubuque govern, ment which shall be under the ad- m~nis italian and operational control ~f the Building Commissioner who fbr the purposes of this code is here- by duly appointed as deputy health ol~icer and is hereby authorized and directed to administer and enforce all provtsions ay this code is herein- after referred to as the "Building Off ficlal' or the "authority having jur- isdiction, "For such duties the Build- ing Official and his devuties and as- sistants shall have the powers o flaw enforcement and police office?; Effective Jul~ 1. 1980 there ;s hereby created the Housing Services Division in the Community Develop- ment Department of the City of Du- buque which shall be under the ~d- ministration and operational contra; of the Health Officer who is hereby authorized and directed to admlnis- ter and enforce all provisions of this Code and is hereinqfter referred to as the Building Official or the au thor. ity having jurisdiction for such t~es. The Building Official and his deputies and assistants shall have the powers of law enforcement and police officer Passed. adopted, and approved this l lth day of Marct~ 1980. Carolyn Farrell Mayor D. Michael King John L, Feldevman Michael W. Pratt Council Members ATTEST: Leo F, Fromz, City Clerk Published officially in the Telegraph Herald New,, paper this 17th day of March 1980. Leo F~ Fron~melt City Clerk It 3/17 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the following vo~e: Yeas~Mayor Farrell, Council Mem- bers Felderman. King, Pratt. Nays-Council Member Brady. RESOLUTION NO. fi3.80 WHEREAS the City Council. under date of August 7. 1972 supported the es- tablishment of a Youth Services Bureau to serve as ~ coordination structure to all community services directed toward and available to young people] and WHEREAS the Youth Service Acti- vl~ is to be integrated on July 1.1980 in- to the Dubuque Police Department: and WHEREAS. the responsibilities for which the Youth Services Bureau was established have been reassigned to an- other City department: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Youth Services Bureau established in 1972 be and the existence of the same is hereby tcrmi- nates] effective June 3(]. 1980. Passed. adopted, and approved this llth day of March. [980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Prell Council Members ATTEST: Leo F~ Frommel( -- City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Adjourned Special Session. March 11, 1980 89 ORDINANCE NO. 15-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE~ IOWA BY REPEALING AND SECTION 7-37 OF DIVISION 2 THEREOF AND BY ENACTING NEW SUBSECTIONS (et AND (d) OF SEC. TION 7.33 AND SECTION 7.37 OF DlVl. SION 2 IN LIEU THEREOF PROVIDING FOR LICENSE FEES FOR DOGS, pre- sented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Pratt moved that the rule requiring an Ordinance to be receiv- ed and filed at two meeungs prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. ORDINANCE NO, 15-80 AN ORDINAi~CE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTIOi~(~OF SECTION ?.33 AND SECTION 7-37 OF DIVISION 2 THEREOF AND BY ENACTING NEW SUBSECTIONS (a) AND (d) OF SEC- TION 7.33 AND SECTION 7.37 OF DIVI. SION 2 IN LIEU THEREOF PROVIDING FOR L~CENSE FEES FOR DOGS. NOW THEREFORE BE IT ORDAIN, ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That th~ Code of Or- distances of the City of Dubuque, Iowa be amended by repealing S*~bseclion leu of Section 7-33 of Divislan 2 thereof and by enacting new Subsections l~) and of Sec tion 7-33 of Division 2 i~ lie u there- o fas follows. Section 7.33. Fees. (at The license fee fo~ caleiidar Ueal1, or fraction thereof, for a day license shall be three dollars i$8.0gt ]br each ~ale dog, three dollars ~,Y. O0) fin. each spayed fbmale dog and six dol. [ar,~ r$6.00l for each £emale do(~ no~ spayed. Effective July l. 1980. the license fee for calendar year, or Jrachon Ihereof, for a dog license shall bi stx dollars and sixty five cents tS b'. 651lot each male dog, six dollars and sixty five cents t$6.65t for each spayed .female dog and six dollars and sia:ty l~ve cents i$6.651Jbr each J~m ale dog (d) The jbe for a duplicate license shall be two dollars and fifty cents above described license fee forallde- 90 Adjourned Special Session. March 11, 1980 Council Member Pratt moved tba; th~, reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor l%rrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that the rule req Uirlng an Ordblance to be receiv- ed and filed al ;wu meebmgs prior to the meeting when fiaal action is Laken, be dispensed with. Seconded by Council Member King. Carried by the fnllowing Yeas-Mayor l%rrell. Council Mem- bers Brady, Felderman, King. Prell Nays-None. ORDINANCE NO. 16.80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 18-52 AND 18.53 OF DIVI- SION 3 OF ARTICLE II THEREOF AND BY ENACTING NEW SECTIONS 18.52 AND 18-53 OF DIVISION 3 OF ARTICLE II IN LIEU THEREOF PROVIDING FOR AMBULANCE FEES. NOW THEREFORE SE IT ORDAIN. ED BY THE CITY COUNCIL DF THE CITY OF DUBUQUE, IOWA: Section 1, That the Code of Ordinanc- I's of th~ City of Dubuque, Iowa be and 18-53 of Division 3 of Artil,le Il 18-52 and 18-53 of Division 3 orA rtiele II in lie~, thereof as £ollows: DIVISION 3. CITY OPERATED SERVICE Section 18.52. Rates--Established, Ther~ is hereby established the Jbllowing schedule of rates and (1) t;'or transporting one person from any point within the city limits to any hosvita~ doctor's ocTice, nuts. within th~ c~ty, thirty-five dol&lr~ l$35.00t per trzp, July I 1980, sixtg-fiv~ dollars ($YS. 00t per trip. frov~ an*J hospital doctor s oy2icc, home jbr the aged~ or any other poi~tt dollars t$$5.00t per tr~p. Jul*~ 1. 1980 sixty-five dollars i$65.001 per trip. (3) For transporting one person any hospital or doctor '~ et/ice wi t hi~ the city, forty dollars [$'40, O0~ plus f~f- tv cents t$O. 50t per mile, per trip. For the above service, ef]ectzve July 4, 1980. s~x~y-ffve dollars l$65.00t plus twenty-lout dollars 1524.001 surcharge plus one dollar I$1.00t per load mile. per tr~p. The said surcharge shall not be appli- cable to r~sidents of ?he City of Du- buqu( (4) For transporting one yerson from any hospital or doctor ~ office within the c~ ty ~ o any point outside of the city, forty dollars ty cents ($0.501 per mile, ver tr~p. For the above service, ej]kctive July 1. 1980. s~xty f~ve dollars l$65.00l plus twenty-four dollars 152~.001 surcharge plus one dollar l$1.091 per load mile. per trip. The said surcharge shall not be appli- cable to residents of the City oy Du- (5)Iii addition to the above chart/. ea. there may be ~mposed a further chargt of ten dollars t$10.00! per hour. or fraction thereof, for delays . excess of ten tlOI m~nutes, not caused by the ambulance drive~. Section 18-53. Same--Computation of mileage. (1) For the purpose of the schedule set out ~n section 18-92, mileage shall include the entzrt distance traveled bu the ambulance ~n providing the (2IFor the p~ryose of the schedule of IS-5Z effectiw July 1, 1980. load mileage shall includ~ the entire distance traveled by the ambulance point of tr¢lnsport~ng onf person to any pmnt within the City of Dubu- que. PassetL adopted, a~d approved this llth day el'March. 1980. Carolyn l%trrell James E. Brady D. Micha~ l King John L. Felderman Mit ttael W. Pratt Co~ncil Members Cit~J Clerk Pu. blished of/¥ciall~ in the Teleqraph Herald NewSpaper this 17th day of March 198Y. Leo F. Frommelt City Clerk It 3/17 Council Member Pratt moved final adoption of the Ordinance. Seconded by Adjourned Special Session, March 11, 1980 Council Member King. Carried by the following vote: Yeas-Mayor Farrell. Council Mem bets Brady, Felderman. King, Pratt. Nays-None, ORDINANCE NO. 17.80 AN ORDINANCE OF THE CITY OF DU. 3UQUE, IOWA AMENDING THE CODE OF OR DINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 36,147.f OF DIVISION 3 OF ARTICLE IV THEREOF TO PRO. VIDE FOR THE INSTALLATION OF REMOTE READERS ON ALL WATER METER INSTALLATIONS IN NEW AND REMODELED STRUCTURES. presented and read. Council Member Pratt moved that the reading just had be considered the t'~rs~ reading of the Ordinance Seconded by Council Member King. Carried by the ~ollowing vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, Kiug. Pratt. Nays-None. Council Member Pratt moved thai the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King, Carried by the following Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. ORDINANCE NO. 1~-80 AN ORDINANCE OF THE CITY OF BU- BUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 38-147of OF DIVISION 3 OF ARTICLE IV THEREOF TO PRO- VIDE FOR THE INSTALLATION OF REMOTE READERS ON ALL WATER METER INSTALLATIONS IN NEW AND REMODELED STRUCTURES. NOW THEREFORE SE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seotlon 1. That the Code of Ordinanc- es of thc City of Dubuque, lepta be a?~d the slime is he?'eby amended b~ enoc tina a new Section 36'-1hT. f of Division 3 of Article IV thereof as (ollows: "Sec. 36.147. f. outside re~ote readers. Remote readers shall be located in the ~y of ¢lectricmeterif the distance w~se, the remote reader shall be ~n. stalled at a location acceptable to the City Water Department, Wiring yor 91 remt~te reader shall be of the type desiet~ated by the City Water De- partment. The remote reader shall be of the type designated by the City Water Department. The remote reader shall be installed by the City Water Department at a charge to the ow~l~rlst as established by the City Manafle~.. Payment jbr the remote readerlst shall be made at the til~te of application jbr service. ' Section 2. This ordinance shall be in pall jbrce and effect after its final adop- tion and publication as provided by law. Passed adopted, and approved this 11th clay of March, 1980, Carolyn Farrell Mayor James E, Brady D. Michael King John L. Ieelderman Michael W.. Pratt Council Mere hers A TTI,:ST: Leo F. P~rommelt City Clerk Published officially in the Telegraph Herald Newspaper this 17th d~xy of March 1980. Leo F. Frowmell It $/17 City Clerk Council Member Pratt moved fired adoption of the Ordinance. Seconded by Council Member King. Carried by the following w)te: Yeas-Mayor Farrell, Council Mem- bers Brady. Felderman, King, Pratt. Nays-None. ORDINANCE NO. 18-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DU- BUQUE. IOWA, BY REPEALING SEC- TION 36.161 OF DIVISION 4 OF ARTI. CLE IV THEREOF AND ENACTING A NEW SECTION 36.161 OF DIVISION 4 OF ARTICLE IV IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by thc followina, vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Council Member Pratt moved that the rule requiring an Ordinance to be receiv ed and filed at two meetings prior to the meeung when final action is taken, he dispensed with. Seconded by Council Member King. Carried by the following Yeas-Mayor l%rrell, Council Mere hers Brady, Felderman, King, Pratt. Nays-None. 92 Adjourned Special Session. March 11. 1980 ORDINANCE NO. 18-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES. CITY OF DU- BUQUE. IOWA BY REPEALING SEC- TION 36-161 OF DIVISION 4 DF ARTI. CLE IV THEREOF AND ENACTING A NEW SECTION 31,161 OF DIVISION 4 OF ARTICLE IV IN LIEU THEREOF TO PROVIDE FOR REVISION OF WATER RATES. NOW THEREFORE SE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code ol Ordinat~c~ es of the City of Dubuque, Iowa be amended by repealing Section 36-16l o1 Division 4 el Article ]Vend enacr~.ng a new Section 36-161 of Division $ oJ Arti- cie IV ia lieu thereof to provide as Ibl- "ARTICLE IV Division 4, Rates. Sec. 36.161. Resident~at. commer. rial and industrial uses a) Commenci~gwithallmeterr~,aa- ~ngs on April 1. 1980. the rates ft~ bt~ eharged for water for reside*ztiai g8cs and purposes by a~y person, ?~rm or corporatwn supply water within the city shall be fixed and de Charge per Hundred Consumption Cubic Feet Pirst ~o0 ........... $1.90 Next 2.800 ..... 0.95 Next 85, 000 .... O. 65 Next 50 900 .... 0.57 lbllows: Meter Size Minimum Allowance (inches) Charge Icublc feet) 5/8 $ 1.90 200 3/4 Z 60 800 I 12.35 1.300 I 1/~ 19.95 2,100 I 1/2 ~$. 7it 2. 600 3 85.50 10.60# 8 -~lZ25 62.5t# 2) Water rates for users within the city, whose meters are ready bi- monthly, shall be as follows: Charge per Hundred Consumption Cubic Feet Next5,600 ............. 0.95 Next 2~. 000 ............. O. 75 Next 70,000 ............. 9.6~ Next 100, 000 .... O. 57 O~er 200 900 .......... 0.50 cording t~ size of meters shall be as Jbl- Meter Size Minimum Allowance (Inches) Charge (cubic feet) 5/8 $ 3.80 400 314 15.20 1, 690 1 2~.70 2,680 I 1/4 39.90 ~.200 I 1/2 49.~0 5.200 ~ 81.00 9,200 b) Commencing with allmeterread. inqs on at~d alter April 1, 1980. the rates to be charged Cot water sup. plied by the city water department lo residential, commercial, i~dustri- al atld other uses avd purposes by sid~ the corporatwn limits of the City of Dubuque, Iowa. shall be the hereof, plus an additio~al fifty tsm per ce~lt to the rates listed in said subsectio~ Tgis ordinance shall be in full force and etTect on April 1. I980 after it~ I~nal adoption and pub- lication as pr~ovided by law Passed. adopted, 61~d approved this l l t h day ,,,"March. 1980. Caroly~ Farrell James I~'. Brady D. Michael Kina John L. Felderman Michael W. Pratt Council Members A TTES7? reading just~lhad be considered the fi,st Adjourned SPecial Session, March 11, 1980 Council Member King. Carried by the following vote: Yeas-Mayor Farreli, Council Mem- bern Brady~ Felderman, King, Pratt. Nays-None. Council Member Pratt moved that 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 King. Carried by the following vote: Yeas-Mayor Farrelh Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 19.80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA BY REPEALING SEC. TION 36-56 OF DIVISION 4 OF ARTI. CLE II "RATES" AND ENACTING A NEW SECTION 36.56 OF DIVISION 4 OF ARTICLE II IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1, That the Code of Ordi~ances of thc City of Dubuque, Iowa be amended by repealing Section 36-56 of Division 1~ of Article li ~'Rates " and enacting a new Section 36'-56 of Division 4 of Article Il "Rates "in lieu thereof to provide as Jbl. "ARTICLE Il Division 4. Rates. Sec. 36.56 Established. Contributors whose property lies within the corporate limits of the city, except as otkerwise provided in this divisio~ shall pay to the city, through its collection agent at its J~ee at the same time payment Jbr vice charge computed on water con- sumption on the following rates: (a) Basic charges: The sewage rates and charges shall be based on the quantity of water used on or in the property premises, as the same is measured by the water meter there in use, except as otherwise provided in this division. Water me terN will be read monthly for a period equaling once every month], bimonthly for a period equaling~once every two months. Payment for the sewage ser- vice charge shall be paid to the clty's collection agent at the same time payment is made for water service. (b) Schedule of rates: Monthly Rates Rate per each 100 cubicf t ...... $1, O0 Bimonthly Rates Rate per each 100 cubic ft ....... ~ L O0 93 (c) Service Charge: (1) When a parcel of real estate, property or building~ discha~y1ing sanitary sewage, industrial wastesi water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water department and the water us- ed thereon or therein is not ceptable to the city, the amount of water used shall be determined by the city iv. such manner as the city manager may elect in order to estab. lish the rate of charge as provided i~ this division, or the owner or other interested parties at his expense, may ins tall and maintain a me ter ac- ceptable to the city for said purpose. (2) When a parcel of real estate, property or building, discharginy sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is a user of water supplied by the city water departmenh and in addition which is not measured by a water meter or is measured by a water meter not acceptable to the city, the amount el'water used shall be deter- mired by the city in such a manner as the city manager may elect in order to es tablish the rate of charge as pro. vided i~ t his divisio~ or the owner or other interested parties at his ex- pense may install and maintain a meter acceptable to the city jbr said Imrpose. (3) Widen a parcel of real estate, property, or building, discharging sanitary sewage, industrial wastes, water or other approved waste either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water department, the amount of sa~itarg sewage, industrial wastes, water or other approved wasle dis- cha?~qed into the sanitary sewer sys- tem shall be determined by the city in s t~ch a manner as the city manager may elect in order lo establish the rate qf charge as pro*~ided in this di ested parties at his expense, may in~ stall itnd maintain a sewage meter acceptable to the city for said put- (4) Thecitycouncil, mayinitsdis~ crelion, upon application, permit connection to the city sanltary sewer system of properties located outside 94 Adjourned Special Session, March 11, 1980 the corporation limits upon such terms and conditions !ish; provided, however, that such terms shall not be more favorable to such property than the ~ates herein established]hr city users. ($) h~ order that the rates and charges may be modestly and equit- ably a~O'usted to the service render- ed, the city shall have the right to base its charges not only on volume but also on the strength and charae- ter of the sewage and wastes deposit- ed in the system by the contributor. The city shall have the right to mea- sure and determine the strength and content o fall sewage and was tea dis~ charged either directly or indirectly into the city's sanitary seway ~ system, in such manner and by s~ch methods as it may deem practicable in the light of the conditions and cir- cumstances of the case in order to de- termine the proper charge. Extra charges will be applicable and negotiated with dischargers on an individual contract basis when concentration of the sewage exceeds three hundred MOOI milligrams per liter of biochemical oxygen demand, three hundred fi~ty (?50] milligrams per liter of suspended solids or two 12l per cent more of the flow rate into the sewage treatment plant. (8) The rates and charges may be billed the tenant or tenants occupy. ink the properties served, unless oth- erwise requested in writing by Ihe owners, but such billing shall i~ no way relieve the owner from liability in the event payment is not made as required in this division, (?) Where the quantity of water consumed is such that the minimum water service is charged, the mini- mum sewer service charge, accord- ink to the size of the meter, shall be Monthly Rates Meter Minimum Allowance (inches) Charge (cubic feet) 5/8 $ 2.00 260 3/4 8. 00 800 I 1/4 21.00 2,100 I 1/2 26'.00 2,000 2 4(i. O0 h, 600 3 106.00 10,600 4 168,00 16,800 6 368.00 36,800 8 62.5.00 62,500 Bimonthly Rales Meter Minimum Allowance (inches Charge (cubic feet) 5/8 $ 4.00 400 3/~ 16. O0 1, 600 1 20.00 2,600 l 1/4 42.00 4,200 1 1/2 5200 5,200 £ 9200 9,~00 This Ordinance shall be in fgll force and efjhct on April 1, 1980 after its fi'~ml adoption and publication as provided by law." Passed, adopted, and approved this l l th day of March, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael ~ Pratt Council Member's ATTESZ' Leo F. Frommelt City Clerk Published o]flicially in The Telegraph ~]erald Newspaper this 17th day oJ March 1980. Leo F. Frommelt City Clerk lt3/17 ,~ Cmmcil Member Pratt moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the hallowing Vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Commnnication of the Committee for Civle Responsibility submitting a ehaL lenge of tile right of the Council to au- thorize public funds for the Dubuqub Chamber of Commerce, indicating a con- flict of interest, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by CounclI Member King. Car- tied by the following vote: Yeas-Mayor Farrell, Conncil Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 64.80 Adoption of Five YearCapital Improve- ment Program, WHEREAS, a recommended Five Year Capital Improvement Program for the period beginning July 1, 1980 and ending June 30, 1985, for the Cityof Du- buque ?s been prepared and submitted to the City Council: and WHEREAS, the Five Year Capital hnprovement Program: 1) describes specific capital improve- ment projects; 2) provides estimated rusts for those projects;, 3) propose~sources of funds for each of them; ~nd 4} schedules the year during which each project will be undertaken; and: Adjourned Special Session, March 11, 1980 95 WttEREAS. the Capital prejects for the firsl year are included in the Fiscal Year 1981 Budget lor the City of Dubu- que: and WHEREAS, the Five Year Capital Improvement Program will be reconsid ered annually by the City Council and appropriately revised: and WHEREAS. the adoption of the Five Year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section ~: That the Five Year Capital Improvement Program for the period beginning July I, 1980 as set out in the Fiscal Year 1981-1985 Recommendec Capital Improvement Budget as amend~ ed is hereby approved and adopted as the proposed allocation of City resnurc. es for capital improvements as schedul. ed in the years shown, subject to annual review and revision. Passed. adopted, and approved this llth day of March. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution Seconded by Council Member King. Carried by the fl)llo,~ ing vote: Yeas-Mayor Farrelh Council Mem- bers Brady: Felderman. Kin~. Pratt. Nays-None. RESOLUTION NO. 65.80 A Resolution Adopting the Annual Budget for the Fiscal Year Ending June 30. 1981. BE IT RESOLVED By the City Coun- cil of the City of Dubuque. Iowa: Tho annual budget for the fiscal year ending June 30, 1981, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof show- ing the revenue estimates and appropri- ation expenditures and allocations tn programs and activities for said Bsca] year is adopted, and the clerk is directed to make the filings required by law and ~o set up his books in accordance with the summary and details as adopted. Passed. adopted, and approved this llth day of March, 1980, Carolyn Farrell Mayor D. Michael King John L, Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk 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-Council Member Brady, There heir g no further business. Council Member King moved toadjourn. Seconded by Council Member Felder man. Carried by the following vo;e: Yeas-Mayor Farrell. Council Mem- bers Brady, l%lderman. King, Pratt. Nays-None. Leo F. Frommelt City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk 96 Special Session March 12, 1980 CITY COUNCIL OFFICIAL Special Seaslon, March 12, 1960. Council mci at 4:30 P.M. (C.S.T.) Present*Meyor Farrell, Council Members Felderman, King, Pratt City Manager W. Kenneth Gear- hart. Absent. Council Member Brady. 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 ADOPTION OF A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORAN- DUM OF AGREEMENT WITH I)UBIf~ QUE BUILDING LIMITED RELA- TIVE TO THE FINANCING OF THE ACQDISITION OF THE DUBUQUE BUILDING, LOCATED IN THE AREA OF THE DOWNTOWN URBAN RE- NEWAL PROJECT. Communication from Ed ShcppIey submitting a statement of the proposed use of Industrial Revenue Financing the Dubuque Building, First & Second Mortgage, short term notes and inter- est, construction of lower level and up- per floors, also Durrant Architects esti mate of construction, presented and read. Councl] Member King mow~d that the communication oe received and filed, Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman, King Pratt. Nays-None. AbsontwCmmeil Member Brady. RESOLUTION NO, 66.80 ~ Resolution Authorizing the Execu- flon of a Memorandum of Agreement with Dubuque Building Limited, WHEREAS, the City of Dubuque, Iowa, in the County of Dubuq ne, State of Iowa [the "IssuerTM is an incorporated mumcipMity authorized and empowerec by the provisions of Chapter 419 of the Code of Iowa. 1979. as amended {the "Aet"l including Chapter 84 of the Laws of the 68th Iowa General Assembly, 1979 Session, ("Chapter 84") to issue revenue bonds or notes for the purpose of financ- ing the cost of acquiring, by constrnctior or purchase, land. buildings, improve- ments and equipment, or any interest therein, suitable for the use of any corn mercial enterprise or any non-profit or- ganization which the Issuer finds is con- sistenl with ar urban renewal plan adopted by the Issuer prmr to July 1, 1979, pursuant to the Act and Chapter 403 of the Code of Iowa, 1979. as amend- ed: and WHEREAS, the Issuer has been re- quested by Duhuque Building Limited, a limited partnership, (the "Company") to issue its revenue bonds pursuant to the Act for the pm'pose of financing the ac- quisition by purchase of land, a building, equipment and improvements and the construction of certain additional im- provements to the building all suitable for use of a commercial enterprise con- sisling of an office building, space in which is to be leased to numerous com- mercial, retail or nowprofit tenants (the "Project"); and WHEREAS, said Project is located within the area of and is to be consist6nt with and authorized by the Downtown Urban Renewal Project, Urban Renewal Plan, adopted by the Issuer prior to July 1, i979, and will promote urban renewal, rehabilitation and redevelopment of the Issuer, will provide employment oppor- tunities for residents of the Issuer and the surrounding area; will enhance the tax base of the Issuer and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the Issuer and its inhabitants; and WHEREAS, a Memorandum of Agreement in the form and with the con- ten[s set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees~ subject to the provisions of such Agreement. ~o pursue proceedings ne- cessary under the Act to issue its reve- nue bonds fur such purpose: NOWTHEREFORE BE IT RESOLV- EI) BY THE CITY COUNCIL OF THE ISSUER AS FOLLOWS: Section 1. The Memorandum of Agreement in the fm'm and with the con- tents set mrth in Exhibit A attached hereto be and the same m hereby proved and thc Mayor is hereby author- ized ~o execute said Memorandum of Agreement and the Clerk is hereby au- thorized to attest the same and to affix tbe seal of the Issuer there[6, said Mem- orandum of Agrccmen; which consti- ;u;es and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer arc hereby authorized tv take such further the intenl and purpose of the Memoran- dum of Agreement ~S~ction 3. Thai all resolutions and parts thereof [n conflict herewith arc hereby repealed to thc extent of such conflict. Special Session Passed, adopted, and approved this 12th day of March, 1980. Carolyn Farrel] Mayor ATTEST: Leo F. Frommelt City Clerk (Sea]) EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREE- MENT is between the City of Dubuque, Iowa, (the "Issuer") and Dubuque Build- ing Limited, a limited partnership (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: fa) The Issuer is authorized by Chap- ter 419 of the Code of Iowa, 1979, as amended (the "Act"), including Chapter 84 of the laws of the 68th Iowa Genera Assembly, 1979 Session CChapter 84") to issue revenue bonds or notes for the purpose of financing the cost of acquir~ lng, by construction or purchase, land buildings, improvements and equip- ment, or any interest therein, suitable for the use of any commercial enterprise or non-profit organization which this Council finds is cmlsistent with an urban renewal plan adopted by the Issuer prior to July 1, 1979, pursuant to the Act and Chapter 403 of the Code of Iowa, 1979, as amended. (b) The Company wishes to obtain satisfactory assm'ance from the Issuer that subject to the public hearing re- quired by the Act, such bonds will be is- sued by the Issuer and available to fi- nance the costs of the acquisition by pur- chase of land, a building, equipment and improvemellts and the constraction of certain additional improvements to the building all stdtable for use of a commer- cial enterprise consisting of an office building, space in which is to be leased to numerous commerc a, ret~ il or non- profit tenants (the "Project"). (c) The Issuer has adopted the Down- town Urban Renewal Project, Urban Re- newal Plan, as amended, and in further- anco of efforts to rehabilitate and rede- velop the designated Urban Renewal Area, the Issuer proposes to issue its bonds and to loan to the Company the proceeds from the sale of said bonds to enable the Company to finance the cost of the Project; and (d) It is considered essential that ac- quisition and construction related to the Project commence at the earliest practi- cable date. However, before commenc- ing the Project, the Company desires satisfactory assurances fri)m the Issuer March 12, 1980 97 that the proceeds from the salo of Indus~ trial Development Revenue Bonds of the City will be made available in an amount sufficient to finance allot a portion of the cost of the Project, the amount of the said Bonds requested to be issued is presently estimated not to exceed $7,000,000; and (e) The Issuer considers that the uw der taking of tile Project will promote ur- ban renewal, rehabilitation and redevel- opment of the Issuer, will provide em ployment opportunities for the inhabl- rants of the Issuer, enhance the tax base of the Issuer and overlapping taxing jur~ isdictions, increase the Issuer's com~ metre and add to the welfare and pros~ perity of the Issuer and that of its inhabi 2. Undertakings on the Part of the fa) The Issuer will begin the proceed- of such bonds in the aggregate principal amount not to exceed $7,000,000 for the purpose of defraying all or a portion of the cost of the Project. (b) Subject to due compliance with all requirements of law; including the provi- sions of and the public hearing required by the Act, it will cooperate with thc Company, in the issuance and sale of such bonds, and the proceeds from the is- suance of such bonds shall be loaned to the Company upon the Issuer determln~ ina terms sufficient to pay the principal of and interest and redemption premi- um, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. fa) It will use all reasonable efforts to euoperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issu- ance and sale of such bonds. (b) It will enter into a Loan Agree- ment with the Issuer under the terms of which the Issuer shall determine amuunts to be paid by the Company or the tenants of the Project which shall be sufficient to pay the principal of and in- terest and redemption premium, if any, on such bonds as and when the same shall become due and payable. The Loan Agreement may provide that 100% of the bondholders may agree that they will not seek a personal judgment for any deficiency resulting from amounts derived from the Project being insuffi- cient to pay the amounts thereunder. 4. General Provisions. (a) Allcmnmitments on the part of the Issuer and the Company herein arc sub jcct t0 the condition that on or before one year l¥om the date hereof (or such other 98 Special Session, March 12, 1980 date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms re- lating to the issuance and sale of such bonds. (bi The Company agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket ex- penses which the Issuer may incur at its request arising from the executbm et this Agreement and the performance by the Issuer of its obligation hereunder, (c) All commitments of the Issuer hereunder are further subject to the con- ditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds descrih- ed herein shall not constitute an indebt- edness of the Issuer within the meaning o1 any constitutional or statutory provi- sion and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or tax- ing powers. Dated this 12th day of March, 1980. Dubuque, Iowa By: Carolyn Farrell Mayor ATTEST: Leo F. Frommelt Clerk ISeal) Dubuque Building Limited by Dubuque Building Corporation, general partner By: Edward It. Sheppley II1 Its President By: Edward H; Sheppley III Its Secretary No Corporate (Seal) Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt, Carried by the adjourn. Seconded by Council Member Ye~s~Mayor Fa~;rell, Council Mem- bers ~ clderman, King, Pratt. Nays-None. Absent-Council Member Brady, Leo F. Frommelt City Clerk Approved ...................... 1980 Adopted ....................... 1989 Council Members ATTESTi City Clerk' Special Sessior March 24, 1980 99 CITY COUNCIL OFFICIAL Special Session, March 24, 1980. Council met at 7':30 P.M. {C.S.T.) Present. Mayor Farrell. Council Members Brady, Felderman, King, Pratt, City Manager W. Kenneth Gear- hart. Mayor Farrel] read the call and stated that service thereof had been duly made and this meeting is called for the PUR- POSE OF CONSIDERING BIDS AND AWARDS FOR FURNISHING AND INSTALLING LIBRARY FURNI- TURE AND EQUIPMENT and acting upon such other business as may proper- [y come before a Regular Meeting of the Council. Proclamations proclaimi~ag April l, 1980 as "Phone A Friend Lin~ Apprecia- tion Day," April 24,1980 as "The Society of Automotive Engineers 75th Anniver- sary Celebration." April 1.1980 as "Cen- sus Day in Dubuque" and March 30.1980 as "American Bald Eagle Day," were ~ead and so proclaimed by Mayor Far- roll. Mayor Farrell congratulated th(, Wahlert High School Boys Basketball Team for winning the state basketball Council Member Brady moved thai $100.00 be allocated from the City Coun- cji Budge~, for matching funds from citi zeus to construct signs on highways en- tering the City, honoring Hempstead High School as state football champions and Wahlert High School as state bas- ketball champions. Seconded by Council Member Felderman. Carried by the fol- k~wing ye;e: Yeas-Mayor Farrell. Council Mem. bors Brady, Felderman. King, Prati Nays-None, Communication of City Manager sub. rnitting a resolution terminating the existence of the Ambulance Study Task Force, presented and read, Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Folder- man. Carried by the following vo~e: Yeas-Mayor Farrell. Council Men~ bors Brady, Felderman, King, Pratt, Nays-None, RESOLUTION NO. 67.80 WHEREAS. the City Council. under date of May 21. 1979. adopted Resolution No. 119-79 establishing an Ambulance Study Task Force to review and eva]u al~e ambulance services provided the citizens and visitors of the City of Dubu- que and to make appropriate recommen- dations: and WHEREAS, City Council under date of September 17, 1979. adopted Resolu- tion No. 241-79 granting the Ambulance Study Task Force an additional 60 days to complete its assignment~ and WHEREAS. the purpose for which the Ambubmee Study Task Force was established has been completed: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: SecBon t, That Resolution No. 119 79 adopted by the City Council on May 21. 1979 establishing the Ambulance Study Task Force and Resohltion No. 241-79 adopted by the City Council on Septem her 17. 1979. both be and the same are hereby repealed, and the existence of £he said Task Force is hereby terminat~ ed. Possed. adopted, and approved this 24th day of March 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F, Frommelt City Clerk Council Member Pratt mnved adop- tion el the Resolution. Seconded by Council Member Felderman. Carried by the fullowing vote: Yeas-Mayor Farrelh Council Mem- bers Brady, Felderman. King, Pratt. Nays None. Communication of Attorney Hughes requesting consideration to the exclu- slon of special kind of activity relative to "high risk newborn infants" of ambu- lance service or definition of "patients." presented and read. Council Member King moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. See ended by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt Nays-None. Attorney Hughes, representing Sis- ters of Mercy Hospital, spoke to the com- munication requesting Council consider the del'tuition of "patient" exclude from ;nose people those that are in an incuba- Council Member Pratt moved that the communication of Atty. Hua-hes he re ¢eived and filed. Seconded by Council Member Felderman. Carried by the fei- Yeas-Mayor Farrell. Council Mem. bets Brady, Felderman. King, Pratt. Nays-None. 100 Special Sessior March 24, t980 AN ORDINANCE of the City of Du- bmtue. Iowa. amendin~ the Code of Ordi~ nonces of the City of Dubuque, Iowa by repealing Section 18-32 and Division 2 of Article II thereof and enacting a new Section 18-32 of Division 2 of Article II iq lieu thereof to provide for the invest~ga- tion of applicants and the issuance of li- censes, said Ordinance having been pre- viously presented and read at the Coun- cil Meeting of March 3. 1980. presented for second reading. Council Member Pratt moved that the reading just had be considered the sec- end reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays~None. ORDINANCE NO. 20.80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA. AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY REPEALING ORDINANCE NO. 29-29 OF THE CITY OF DUBUQUE, IOWA AND DECLAR- ING SAME TO BE NULL AND VOID (ESTABLISHING RESTRICTED RESI. DENTIAL DISTRICTS), presented and read. Council Member King moved that the reading just had be considered the first reading al the Ordinance. Seconded by Council Member I%lderman. Carried by the following va;e: Yeas-Mayor Farrell. Council Mem~ hers Brady, Felderman. King, Pratt. Nays-None. Council Member King moved that the rule reqmrmg an Ordinance to be receiv- ed and filed at two meetings prior to the meeung when final action is taken, be dlspensea with. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farreli Council Mem- bers Brady. Felderman. King. Pratt. Nays-None. ORDINANCE NO. 20.80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY I~EPEALING ORDINANCE NO. 29-29 OF THE CITY OF DUBUQUE. IOWA AND DECLAR. lNG SAME TO BE NULL AND VOID. NOW THEREFORE BE IT ORDAIN* ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Ordinance No. 29-29 of the City of Dubuque Iowa be and the same ~s hereby repealed and is of no tAct force and e fiber. Passed. adopted, a~d approved this 24th day of March. 1980. Carol~n Fareell Mayor James E. Brady D. Michael Kine John L. Felder~nan Michael V~ Pratt Council Members A TTEST~, Leo F. Frommelt City Clerk Published qfficially in the Telegraph Herald Newspaper this ESth day of March 1980. Leo t': Frommelt Council Member King moved final adoption of the Ordinance, Seconded by Council Member Felderman. Carried by Yeas-Mayor Farrel]. Council Mem- bers Brady. Feldermam King, Pratt. Nays-None AN ORDINANCE of the City of Du- bu quc. Iow a. amending the Code of Ordi- nances of the City of Dubuque, Iowa, by amending Ordinance No. 47~79 by revis- ing the preamble thereof and by adding a new Section thereof to be numbered Sec uon 3, providing for tho change of the West Third Alpine Historic Preserva- tion District to the Langworthy Historic Preservation Districl presented and read, Council Member King moved that the reading just had be considered the first reading of the Ordinance, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None, Council Member King moved that the rule requiring an Ordinance to be reemv- ed and filed at two meetings prior to the meeting when final action is taken be dis- pensed with. Seconded by Council Mere bet Pratt. Carried by the following vote: Yeas-Mayor Forfeit Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. Council Member King moved that a public hearing be held on the Ordinance on April 7, 1980 at 7:80 o'clock P.M.in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrell Council Mem- bers Brady, Feldermaa. King, Pratt. Nays~None. ORDINANCE NO. 21-80 AN ORDINANCE OF THE CITY OF DU. Special Session, March 24, 1980 101 BUQUE, IOWA AMENDING THE CODE OF ORDINANCES, OF THE CITY OF DUBUQUE, IOWA BY ENACT- lNG A NEW ~UBSECTiON (c) TO SEC. TION 29.2 OF ARTICLE I THEREOF PROVIDING FOR INDUSTRIAL REVE- NUE BOND FEES, presented and read. Council Member Pratt moved that t he reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays:None. Council Member Pratt moved that th, rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Cnuncil Member King. Carried by the fnllowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 21-80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF TH E CITY OF DUBUQUE, IOWA BY ENACTING A NEW $OB$ECTION (C) TO SECTION 29-2 OF ARTICLE I THEREOF, PRO- VIDING FOR INDUSTRIAL REVENUE BOND FEES. 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, Iowa be amended by enacting a new Subsection lc) to Section 29-2 of Article I thereof as follows: "Sec. 29,2. Same--Financing Fee. (c) Thefeeoranypartofthej~eas set forth in Subsection lb] may be waived by the City Council upon commendation of the City Manager and Corporation Counsel whenever it is deterw~ined that such waiver would be in the best public interest." Passed, adopted, and approved this 24th day of March, 1980. Carolyn Farrell Mayor James E, Brady D, Michael King John L. Felde~wlan Michael W, Pratt Council Members A TTES T: Leo F. Frommelt City Clerk Published officially in the ~l~legraph Herald Newspaper this 28th day of March 1980. Leo F, Frommelt It 3/28 City Clerk Concil Member Pratt moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of'City Manager re- enmmendlng denial of Attorney Clemens' petition for refund portion of ;3500 investigation Industrial Bond Fee (Dubuque Supply Inc,), presented and read. Council Member Brady moved to table the communication. Seconded by Council Member Felderman, Carried by the follnwing vote: Yeas-Mayor Forfeit, Council Mem- bers Brady, Felderman, King, Pratt. Nays None, Communication of City Manager ad- vising of the regulations governing the use of Federal Revenue Sharing Funds, require publication of notice and that a summary of the adopted budget is avail- able, and the Clerk be authorized to pub- lish notice, presented and read. Conncil Member King moved that the communication be received and filed and Clerk authorized to publish notice. Sec- onded by Council Member Pratt. Car tied by the following vote: Yeas-Mayor l%rrell, Council Mem- bers Brady, King Pratt. Nays-None. Absent-Council Member Felderman. Communication of City Manager sub- resting information relative to water wessure serving Northrange Park No. 2 subdivision approved on March 3, 1980, ~resented amt read. Council Member King moved that the cemmunication be received and filed and City Manager directed to provide addi- tional information regarding P.S.I. in the area. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, King, Pratt. Nays None. Absent-Council Member Felderman. Petition of Attorney Clemens, repre- senting Jack & Gall Hancock,requesting the City consent to vacate a portion of the right of way and vacate the ease- merit in order to obtain the 50' setback requirements at Happy's Place on Rock- dale Road, presented and read. Council Member King moved that the ~etition be received and filed and re- ferred to City Manager and Staff. Sec ended hy Council Member Pratt. Car- fled by the following vote: Yeas-Mayor Farrell, Council Mem- bers Ilrady, King, Pratt. Nays-None. Absent-Council Member Felderman. 102 Special Session March 24, 1980 Petition of Resurrection Church et al requesting the extension of sanitary sewer service to their properties before the City provides service to the new)y annexed areas, presented and read. Council Member King moved that the petition be received and filed and refer- red to City Manager and Engineering Department. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO~ 68-80 WHEREAS, the City Council of the City of Dubuque, Iowa adopted Resolu- tion No. 365-78 on November 6, 1978; and WHEREAS, said cost was certified by the City Clerk to the Dubuque Coun- ty Auditor, which cost was fixed at the amount of $2,203.49; and WHEREAS, dispute has arisen con- cerning said amount of $2,203.49: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa for good and valuable considera- tion does hereby agree to accept the sum of $325.00 from Mr. Merlin Kruser for the payment of said special tax hereto- fore referred to and that said payment shall constitute full and final payment and shall be in full satisfaction of said lien in the amount of $2,203.49, and said lien heretofore having been filed is with- drawn in said amount and the sum of $325.00 is herewith certified as a correct amount for said lien, and said amount having been paid the said lien be and the same is hereby satisfied and discharged. Section 2. That the City Clerk be and he is hereby directed to file a copy of this resolution in the office of the Dubuque County Auditor, hhe Dubuque County Recorder and the Dubuque County Treasurer. Section 3. That Resolution No. 365-78 be and the same is hereby repealed and of no further force and effect, and the sum of $325.00 be and the same is hereby ~stabiished as the correct amount for de- molition work heretofore rel~rred and performed on Lot 161, Belmont Addition (except the South 30 feet thereof). Passed, adopted, and approved thls 24th day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Pratt moved adop lion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farre[I, Council Mem- bers Brady, Fe]derman, King, Pratt Nays-None. Communication of City Manager sub- mitring resolutions amending Fiscal Year 1980 Block Grant Application and adopting Fiscal Year 1981 Block Grant Program, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 69-80 Authorizing the Filing of an Applica. lion for a Community Development Block Grant for the City of Dubuque. WHEREAS, the City of Dubuque is entitled to participate in the Community Development Block Grant Program au- th0rized under the provisions of Title I of the Housing and Community Develop~ meat Act of 1974; and WHEREAS, the City of Dubuque has prepared an application for such partici patlon in accordance with the policies and procedures as prescribed by the U.S. Department of Housing and Urban Development; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sscfion f. That the application for participation in the Community Devel- opment Block Grant Program is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and di retted to execute the application on be- half of the City of Dubuque. Section 2. That the Director nf £he Department of Community Develop- ment is hereby authorized and directed to submit in the required number of copies, the executed application to the U.S. Department of Housing and Urban Development and other appropriate agencies together with such other docu- ments evidencing the approval and au- thorizing the execution and implementa- tion of such application as may be re- quired. Passed, adopted, ~nd approved this 24th day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members Special Session ATTEST: Leo F. Frommel~ 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 Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 70-80 Authorizing the Filing of an Amend- ment to the Fiscal Year 1980 Applica. lion for a Community Development Block Grant for the City of Dubuque, WHEREAS. the City of Dubuque is entitled to participate in the Community Development Block Grant Program au- £horized under the provisions of Title I of the Housing and Community Develop ment Act of 1974: and WHEREAS, ~he City olDubuque has prepared an Amendment to the Fiscal Year 1980 applicatbm for such parumpa- tion ir accordance with the policies and procedures as prescribed by the U.S. partment of Housing and Urban I)evel- opment: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Amendment to the Fiscal Year 1980 application for par~ ticipation in the Commum~y Develop ment Block Grant Program is hereby ap proved, and the Mayor of the City of Du. buque is hereby authorized and directed go execute the Amendment on behalf of the City of Dubuque. Section 2. That the Director of the Department of Commumty Develop- meat is hereby authorized and directed to submit in the required number of copies, the executed Amendment to the U.S. Department of Housing and Drban Development and other ~pproprmte agencies together with such other docu- ments evidencing the a q)rova] and thorizing theexecutionand mp{ementa~ lion el such application as ~nay be re quired. Passed. adopted, and approved this 24th (lay of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Fxommeh City Clerk Council Member Feblerman moved adoption of the Resolution. Seconded by March 24, 1980 103 Council Member Kin~. Carried by the following vote: Yeas-Mayor Farrel Council Mom hers Bra(ly, Fe]derman. King, Pratt. Nays-None. Communication of City Manager re- commending adoption of a resolution [o secure authorization to retam Lv]e Sumek for Organization Training Ses- sion to continue program [o June 30. 1980, presented and read. Council Member Prat[ moved that the commumcatmn be received and filed. Seconded by Council Member King. Car. ried by the fidlowmg vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt Nays None. RESOLUTION NO. 71-80 WHEREAS. tinder date of May 7, 1979 City Council adopted Resoluthm No. 107 79 authorizing the execution el an am'cement with Lyle J. Sumek to pro vble Ihe City of Dubuque with an organ- {zatbm deveh)pment/training program: and W~IEREAS, the agreement for such servmes commenced May 9. 1979 and wi][ terminate May 8, 1980; and WHEREAS. a new agreement for continuation of such services wi{{ be pre pared for the fiscal year beginning Jmy l, 1980: and WHEREAS. it is deemed to be in the best. interest of thc City ~o extend the presen~ agreement to cover the period of Ma) 8, 1980 through June 30. 1980: NOW THEREFORE BE IT RESOLV- ED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the agreement enter ed into hy and between Lyle J. Sumek and the City of Dubuque under date of May 9. 1979 to provide Ole City of Duhu qm, with an organization deveiopmem/ training program he extended from May S, IBSO £hrough June 33, 1980: Section 2. That Lbo cost for the ser- shall he computed at the rate of $250 pvr day plus reimbursemen~ k)r travel ex pease, duplicat}on or purchase of train intr materhds and tong distance calls, Passed. adopted, and approved this 241h day of March 1980. Earolyn Farrell Mayor D. Michael King John L. Felderman Michael W. Prat[ Council Members ATTEST: 104 Special Session, March 24. 1980 Council Member King. Carried by the following vote: Yeas-Mayor Farreil Council Mem- bers l%lderman, King, Pratt. Nays-Council Member Brady. Communication of City Manager sub- mitring a resolution covering accepl.ance of Warranty Deed for J.F.K. Rd. widen- ina from Hillcrest Associates. presented and read. Council Member Felderman moved tha~ the communication be received and filed. Seconded by Council Member Pratt. Carried by the following yin,c: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King. Pratt. Nays-None, RESOLUTION NO. 72-80 WHEREAS. the City of Dubuque, Iowa has acquired the real estate herein~ after described from Hillcrest Associ- ates: acd WHEREAS. sag/persons have deliv- ered a Warranty Deed conveying real estate to tbe City of Dubuque, Iowa. de- scribed as: Lot 2 of Lot 8 of the SubdiviMon of Lot 1 of Lot 1 of Powers Place in the City of Dubuque. as shown on the tached plat Exhibit "A': and WHEREAS. said delivery of deed dated November 2. 1979 by said persons to the City of Dubuque. Iowa. shotdd be accepted: NOW THEREFORE BE IT RESOLV- ED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE: Section 1. That the delivery of War- runty Deed by: Hillcrest Associates. dated November 2. 1979, conveying the ~ity of Dubuque, Iowa the herein- above described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be record- ed in the Office of the Dubuque Cotmty Recorder together with certified copy this Resolution. Section3. That the City Clerk be and he is hereby directed to forward a certi- fied copy of this Resolution to the Dubu- que City Assessor and the Dr; m~que County Auditor Passed. adopted, and approved this 24th day of March, 1980. Carolyn Parrell Mayor James E, Brady D. MichaeI King John L, Felderman Michael W. Pratt CounclI Members ATTEST: Leo F. Frommelt City Clerk Council Member Felderman moved adoption of tbe Resolution. Seconded by Council Member Pratt. ~arried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. ORDINANCE NO. 22.80 AN ORDINANCE AUTHORIZING POWERS CONSTRUCTION COM- PANY TO CONSTRUCT A CANOPY ON STOREFRONT AT OKY DOKY AND IRON KETTLE. presented and read. Council Member Pratt moved that the reading just had be considered the firs; reading of the Ordinance. Seconded by Council Member King, Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Pra;~ moved that the rule requiring an Ordinance to be receiv- ed and fi]ed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt Nays-None, ORDINANCE NO. 22-80 AN ORDINANCE AUTHORIZING POWERS CONSTRUCTION COM- PANY 3065 FOOTHILL -- DUBUQUE, IOWA TO CONSTRUCT CANOPY ON STOREFRONT. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session may result from the existence, location, installation, construction or mainten- ance of said canopy; (h) To pay on behalf of the City qf Dw buque all sums which the City of Dubu. que shall become obligated to pay by reason of the liability imposed upon the City o f Dubuque for damages of any kind resulting from the location, installation, existence, construction or mni~tenance of said canopy sustained by any person or persons, caused by accident or other: wise, to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the lo- cation, installation, existence, construc- tion or maintenance of canopy and to pay reasonable attorney fees thereJbr; (Ct Toindemn{/~andholdCityofDu. buque free and harmless from any and all claims, loss, liability and expe~se Jbr injuries to third persons or damages to property of third persons, or ybr damage to any property gf City of Dubuque which may occur as a result of or in con~ nection with the location, installation construction, maintenance and repair the facility, work or improvement per- mitred herein. Section 4. That the permission kerr- in gran ted is expressly conditioned upon permitlees further agreeme~lt that should the right and privilege herein granted be rescinded or revoked by the City Council, pe~wzittees, or their suc- cessors in interest, as owners gf abutting property, shall within ten [lgt days after reeeipt of written notice from the City Manager, so to do, at their own expense, remove said canopy and in the event af their failure so to do, the City of Dubuque shall be authorized to remove said canopy at permitters expense and dispose qf the same, and the pew. liter shall have no claim against the City or , March 24, 1980 105 ' by the City Co~?eil and the torres and dinance. Passed, adopted, and approved this g~th day gl'March, ~980. Carolyn t~trrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 22-80 The undersigned having read and be- ing huniliar with the terms and condi tions of Ordinance No. 22-80 hereby, fin' themselves, their successors or assigns, as owners of Ihe abutting property, ac- cept the same and agree to be bound by the condilions and agreements therein contained to be perfl~rmed by permil Dated 3-14-80 By: J.F. Thompson, Pres. President or Vice-President or Property Owner By: John Jay Powers Assistant to V.P. ACCEPTANCE OF ORDINANCE NO. 22.80 The undersigned having read and be lng familiar with the terms and condi- tions of Ordimmce No. 22.80 hereby, for as owners of the abutting property, ac conLained Io be perfnrmed by permit- Dated 3-18-80 fly: Francis J. Giunta Ardelle R. Giunta President or Viee-Presldeat Published gfffcially in the Telegraph Herald Newspaper this 28th day ¢q' March 1980. Leo l~ P'rommelt City Clerh 106 Special Session March 24, 1980 place and Subd of Lot 1 of 1 of East 291.8 ft. o~f Lot 2 of 2, presented and read. Counci, l Member Felderman moved that the 'm~mmunication be received and filed. Seconded by Council Member Pratt. Carried by the fidlowing vou~: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 73.80 A Resolution Approving the Plat of Lot 2 of Lot 1 of Lot 2 of Westviaw Shop. ping Center Place Except the South 150' of the East 300' of Lot 1 of Lot 2 of Westview Shopping Center Place In the City of Dubuque, Iowa. WHEREAS. there has been filed with the City Clerk a plat of the subdlvision of Lo t 2 of Lot 1 of Lot 2 of Westview Shop- ping Center except the south 150' of the east 300' of Lot 1 of Lot 2 of Westview Shal~l~ing Center Place in the City of Du- buque. Iowa: and WtIEREAS. said plat has been exam- ined by the City Planning and Zoning commission and had its approval endors- ed thereof, ant WHEREAS, said plat has been exam- ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CI'I~Y OF DUBUQUE, IOWA: Section t. That the plat of the subdi- vision of Lot 2 of Lot 1 of Lot 2 of West- view Shopping Center Place except the south 150' of the east 300' of Lot I of Lot 2 of Westview Shopping Center Place in the City ef Dubuque, Iowa. be and the same is hereby approved and the Mayor and City Clerk are hereby authorized ami directed to endorse the approwd of Lhe City of Dubuque, Iowa upon said pbtt. Passed, adopted, and approved this 24th day of March. 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Conncil Member Felderman moved adoption of the Resolution. Seconded by Council Member Pra~. Carried by the following wile: Yeas-Mayor Farrell Council Mere- bets Brady, Felderman. King, Pratt, Nays-None. RESOLUTION NO. 74.80 A Resolution Approving the Plat of the Subdivision of Lot I of Lot I of the East 291.8' of Lot 2 of Lot 2 of the Southeast One-Quarter of the Southeast One- Quarter of Section 21 Township 89 North. Range 2 East, 5th Principal Me- ridian In the City of Dubuque, Iowa. WHEREAS- there has been filed with the City Clerk a plat of tl~e subdivision of Lot 1 of Lot 1of the East 291.8' of Lot 2 of Lot 2 of the Southeast One-quarter of the Southeast One-quarter of Section 21, Township 89 North. Range 2 East. 5th Principal Meridian in the City of Dubu- que. 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 City Council and they find that the same confor~ns ~o statutes and ordinances relating thereto, NOW THEREFORE BE IT RESOLV- ED IIY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the plat of the subdi- vision of Lot 1 of Lot 1 of the East 291.8' et Lot 2 of Lot 2 ef the Southeast One- Quarter of the Southeast One-Quarter o! Section 21. Township 89 North. Range 2 East. 5th Principal Meridian in the City of Dubuque, Iowa. be and ~he same is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed. adopted, and approved this 241h day of March. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W, Pratt ATTEST: Conneil Memfiers Leo F. Frommelt City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: YeamMayor Farrell Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Planning & Zoning submitting Bna] plat of Cooperhead Place located on the wes; side of Bluff Street between 4th & 5th Streets, pre- sented and read. Council Member King moved that the commumcatinn be received and filed. Seconde¢ by Council Member Pratt. Carried by the tbllowing yore: Yeas-Mayor Farreil. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None Special Session, March 24, 1980 107 RESOLUTION NO. 75-80 ResOlution Approving the Plat of the Subdivision of the North 21'4" of Lot 612, and the South 43'4" of Lot 613, in the Original Town of Dubuque, Iowa Hereinafter Known as Lots I and 2 of Copperhead Place in the City of Dubu. qua, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of the North 21'4" of Lot 612, and the South 43'4" of Lot 613, in the Original Town of Dubuque, Iowa, hereinafter known as Lot I and Lot 2 of"Copperhead Place" in the City of Dubuque, Iowa. WHEREAS, there are no streets or other public improvements to be install- ed, no security for eonstructb)n and maintenance of public improvements should be required; 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 that proposed Lot 2 of "Copperhead Place" does not NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TEE CITY OF DUBUQUE, IOWA: b) That said common easement be impruved to its full width with a paved driveway constructed to city standards; Sacfion 2. That in the event that the owner fails to execute the Acceptance provided for in Section 1 herein within forty-five (45) days after the date of the Resolution, the provisions herein shah be null and void and the approval of the plat shall not be effective. Passed, adopted, and approved this 241h day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 75-80 We, Ihe undersigned Blackacre Pro l)ated at l)ubul ne, Iowa this 28th day of March, 1980. lfhtckacre Properties, A Partnership James A. O'Brien, A Partner Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by tile following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays.None. Communication of Planning & Zoning olution requesting the Council review the attached resolution and consider adopting a similar resoIution or taking fie open space phm and program, pre~ sented and read. Council Member King moved thai. thc S ,tot ded by Council Member Brady. Carried by the folbiwing vote: Yeas-Mayor Farre[l, Conncil Mom bars Brady, Felderman, King, Pratt. Nays Nora!. RESOLUTION OF THE PLANNING & ZONING COMMISSION OF DUBUQUE, IOWA WNEREAS, the Dubuque Develop- ment Program (a/k/a Victor Gruen Pbm) of 1965, has been duty and formally aduptcd as the genera] plan of the City of be the genera] plan of our city; and 108 Special Session MarCh 24, 1980 WHEREAS, the Dubuque Develop- ment Program stated: "The prevailing natural features of ravines, blufftops, woods, river vab leys, and water courses are the prin- cipal characteristic features of the Dubuque environment and their pre- servation as part ufa comprehensive- ly planned open space system is the key element to the establishment and maintenance of an attractive and unique Dubuque metropolitan WHEREAS, much of Catfish Creek was specifically identified in said plan as a portion of the area which should be pre- WHEREAS, The Recreation and Open Space Plan of Dubuque, Iowa (Oct. 1973), specifically affirmed the Victor Grtmn Plan as to preservation of defined open space areas, including the branches of Catfish Creek: "Preservation of Dubuque's natural environment will be a principal de- termination of the City's future char- acter"s: and WHEREAS, the ()pen Space provi- sions of the Dubuque Develpment Pro- gram (Victor Gruen Plan) were also re- ferred to in The 1990 Dubuque Metropol~ iran Area Transportation Phm, to-wit: "The underlying concept of planning far the Dubuque area is the create an urban environment which will pro- vide the most desirable place fl)r in- dividmds to live .... The Dubuque area is well endowed with pleasant nery. These should be preserved and enhanced as a conscious planning ob- jective''4; and WHEREAS; the Planning & Zoning Commission has the duties to secure the enactment of plans for the city and also reviews proposed developments so as to determine whether they conform to the general pbtn of the city; and WltEREAS, the Planning & Zoning Commission has reviewed the aforesaid city plans regarding the need for pre- serving open spaces, particularly the Catfish Creek area; and WHEREAS, a number of interested Catfish Creek and the open space plan; and WtlEREAS, as a result of the pro- posals for implementing the general open space plan the Open Space Preser- vation Advisory Subcommittee of the Dubuque Planning & Zoning Commis- sion was created in June, 1979; and WHEREAS, the aforesaid committee with tile assistance of the Planning & Zoning staff is in the process of develop- ing a specific open space preservation program for the City of Dtlbuque; and WHEREAS, there is justifiable cern that in the period before a compre- hensive open space preservation plan and program is adopted and implement- ed there will be furtber development of land ahmg or near Catfish Creek in the City of Dubuque which might do irrepar- able damage to the creek, its bluffs, val- ley, and waters; and WHEREAS, it appears to be in the best interest of tile City of Dubuque and its residents to protect Catfish Creek, in- cluding bluffs, valley, and waters, within the city limits from any further develop- ment which present a clear danger to said area, NOW THEREFORE BE IT RESOLV- ED by the Planning and Zoning Commis- sion of the City of Dubuque, Iowa, that the Planning and Zoning staff is directed to make preparation for an ()pen space plan and program, including a program to prnteet Catfish Creek, a priority in the coming fiscal year, and they are fur- ther directed to make regular reports to the Commission of its progress. IT IS FURTHER RESOLVED, that the Planning and Zoning Commission and staff will make implementation of said open space plan and program a pri- ority in the coming fiscal year. IT IS FURTHER RESOLVED, that the Secretary is directed to send a copy of this resolution to the Dubuque City Council and request that it consider en- acting a similar resolution or taking whatever action it deems appropriate in the implementation of specific open space plan and program as soon as pos- sible. Adopted and approved this 19th day of February, 198(I. William A. Knapp Chairman William Delaney Arnold Honkamp Edward Rosenow Betty Saree Donald Sanders ATTEST: Lester J. Pihart Secretary Council Member Brady moved that the resolution be approved and be made a matter of record. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrell, Conncil Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitring resolution relative to renaming Area C (Harem Island) as Chaplain Special Sessiol Scbmitt Memorial Park and major road Lraversing the area as Admiral Sheehy Drive, presented and read, Council Member King moved tha~ the communication be received and filed Seconded by Cotmeil Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. ?6.80 WHEREAS. Father Aloysius H. Schmitt. a Navy chaplain, was thc first chaplain to lose his life in World War II during the attack on Pearl Harbor: and WHEREA~ Monsignor Maurice S. Sheehy was the first chaplain to achieve the rank of Admiral in the United States Navy; and WHEREAS· numerous persons ant organizations have petitioned the City Council to designate Harem Island· also known as Area C, as Chaplain Schmitt Memorial Island and ~he major public right of way traversing the area as Ad~ miral Sheehy Drive: and WHEREAS it is deemed to be in best interest of the City of Dubuque tentatively designate the above describ- ed area and right of way in memory of and in recognition of the achlevemcni.s of Faiher Scbmil; and Monsignor Sheehy. NOW THEREFORE BE IT RI~SOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council here- by declares its intent ~o designate Harem Island as Chaplain Schmitt Me- morial Island. Section 2. That the City Council hereby declares its intent to designate tbe major public right of way traversing the area as Admiral Sheehy Drive. Section 3. That the City Council hereby reserves the right to name or otherwise designate areas and factories whicl~ may be developed and eonstruc~ · ed within the area in honor of other per- Passed. adopted, and approved this 24th any of March. 1980. Carolyn Farrpll Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratl Council Members ATTEST: Leo F, Frommelt City Clerk Council Member King moved adop- tion of the Resolution as amended. Sec~ March 24.1980 109 ondl~d i~y Council Member Pratt. Cur- ried by the folb)wing vo;c: Yeas-Mayor Farrell. Council Mere hers Brady, Felderman, King, Pratt, Nays None. Communicanon of City Manager commending vacations of the existing right o~ ways on Ethel & University Streets, also vacating of the alley east of ;ne property in response to Calista Ste- get pel,ition, presented and read. Council Member King moved that tilt, communication be received and filed and approved and referred for proper pro- ceedings, Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrell Council Mem- bers Brady, Felderman, Kinff Pratt. Nays-None. Communication of City Manager q nesting adoption of a resolution to exe ence an engmeeri~igagrecment with Cie venger ~ Lundh. no; ;o exceed $12,000.00 h)r remodeling 18tb Stree~ I"ire Stalion, presented and read. Coum.il Member King moved that the communication be received and filed and 110 Special Session March 24. 1980 Passed. adoptedfand hpproved this 24th day of March. 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L, Felderman Michael W. Pratt ATTEST: Cmmcil Members Leo F, Fromme[I Citv Clcrk Council Member King moved aden- lion 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, Council Member Brady moved that the "Architectural Engineering Firms contracted by City of Dubuque for 1976-1980 Report," as presented by the Public Works Director. be received and filed and kept on record and add to as ne- cessary. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratl Nays-None. Communication of City Manager re. questing authorization to execute a pro ject agreement with Iowa DOT relative to North-West Arterial, presented and Council Member Fe]derman moved that the communication be received and Hied. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayur Farrell. Council Mem. bens Brady, Felderman, King, Pratt. RESOLUTION NO. 78.80 Resolution for the Execution of a Pro- Ject Agreement with the Iowa Depart- ment of Transportation Relative to the North-West Arterial Road. WHh;REAS. a Corridor Location Study was conducted for the North- West Arterial Road. and final location approval was granted by the Iowa De ben 4. 197q. and WHEREAS. the City of Dubuque is proceeding with the development of the Radford Industrial Park and has deter- mined that the design and construction of t he North-West Arterial from U.S. 20 to Pennsylvania Avenue is an essential facility lor the effectiveness of this in- dustrial facility, and WHEREAS the Design Contract for the North-West Arterial from Dodge Street to Pennsylvania Avenue with Brier, Petrides and Associates. Inc.. Wa- terloo. Iowa. was authorized by the City Council on January 22. 1980, and WHEREAS. the Iowa Department of Transportation has requested the City ~o execute a Project Agreement which makes the project eligible for FAUS funds, NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor be authorized to sign an agreemen~ with the Iowa Depart- ment of Transportation. Agreemenl Number 80-F-012 related to projecl number M-2961(2)-- 81-3l. which relates [o the North-West Arterial for construc- tion between Dotlge Street (U.S. 20] and Asbury Road. Passed. adopted, and approved this 24th day of March, 1980 Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Proof of Publication. certified to by the Publisher. of Notice of Pendency of Resolution of Necessity for the furnish- ing and installing IAbrary Furniture & Equipment, presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays~None, (Necessity for Improvement) RESOLUTION NO. 46.80 WItEREAS, proposed plans, specifi- cations, and form of contract Imve been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things bhe following: (t) The plan of such improvement 121 An estimate of the cost of the im provemen[ 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 motim~. deems it advisable and necessary for the public welfare to make the herein men- Special Session tioned improvement, and unless proper- ty owners at the time of the final consid~ oration of this proposed resolution have on file with tho 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 tho City Council and ars now on file with the City Clerk. That the cost, and expense of making said improve- ment shall be paid out of General 0bliga- tion Bonds. The above resolution was introduced approved and ordered placed on file with the City Clerk this 18th day of February, 1980. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the , City Council this 24th day of March 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Council Members Leo F, Frommelt City Clerk Council Member King moved final 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. (Ordering Construction) RESOLUTION NO. 79-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU QUE that pursuant to a Resolution of Necessity No. 46-80 which was duly passed by this Council for the furnishing and installing of furniture and equip- ment in the Carnegie-Stout Library, Du- buque, Iowa~ be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto fore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improve- ment be paid from the sale of General Obligation Bonds. BE IT FURT.HER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, March 24, 1980 111 Passed, adopted, and approved this 24th day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member King moved ad0p- lion of the Resolution. Seconded by Council Member Pratt. Carried by the fldlowing vote: Yeas-Mayor Farroll, Council Mom- bors Brady, Felderman, King, Pratt. Nays None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 80-80 WHEREAS, proposed plans and spe- effications and form of contract for the furnishing and installing of library furni- ture and equipment in the Carnegie~ Stent Library, Dubuque, Iowa have been appt'ovcd by the City Council of the City of Dubuque and public notice giw?n as provided by Section 384 of the Code of Iowa, 1979 pertaining to public contracts and t)onds, and the time and placed fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time be- ing this 24th day of March, 1980) and WHEREAS, thc City Council met in special session this 24th day of March, 1980, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for tim pun- rose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS. all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW THEREFORE BE IT RESOLV El) BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE: That all objections which have been mad<! and filed to the plans, specifics- Lions, contract tk)r or cost of said im- provement herein described and pro posed to be made, be and the same here- by overruled and such plans, specifica- tions a nd form of contract heretofore ap- proved are hereby adopted. tie IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objectbms which have been fib!d ti) the plans, specifics- t12 Special Session March 24. 1980 tions and form of cost said improvement be made a matter oi permanent record in connection witb said improvement. Passed. adopted and approved this 24th day of March. 1980. Carolyn Farrel] Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratl Council Members ATTEST: Leo F. Frommel{ City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the Iollowing vote: Yeas-Mayor Farrell CoPnell Mem~ hers Brady, Felderman, King, Pratt Nays-None Proof of Publication, certified to by the Publisher. of Notice to Bidders for Furnishing Library Furnishings and Equipment, presented and read. Council Member King moved that tile proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mom bors Brady, Febterman, King, Prat~ Nays-None. Communication of City Manager re. questing adoption of resolutions on con tract awards for furnishing library equipment and furniture, presented and read. Council Member King moved that the communication be received and filed. Seconded b~ Council Member Pratt. Carried ey thc following vo~e: Yeas-Mayor Forfeit. Council Mom bors Brady, Felderman. King, Pratt. N~ys~None. (Awarding Contract) RESOLUTION NO. 81-80 WftEREAS, sealed proposals have beer submitted by conti'actors for the furnishing and installing of interior fur- nishint~rs and equipment in the Carnegie- Stout Library, Dubuque. Iowa. Base Bid 4~ pursuant to Resolution No. 47-80 and notice to bidders published in a newspa- per published in said City on February 22. 1980 and February 29, 1980; ami WHEREAS. said sealed proposals were opened and read on March 11.1980. and it has been determined that the bid of Estey Corporation of Red Bank. New Jersey in the amount of $82.831.00 was the lowest bid for the furnishing of all labor and material~ and performing the work as provided for in the plans and specifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contract for the above men- tioned improvemen~ be awarded to Estey Corporatio~ Red Bank. Now Jersey and the Manager be and he is hereby dlrectod tb execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and th~ approval of tile contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed. adopted, and approved this 24th day of March, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk 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 Brady, Felderman. King, Pratt, Nays~None. (Awarding Contract) RESOLUTION NO, 82-80 WItEREAS. sealed proposals have been submitted by contractors for the Iurnishing and installing of interior fur~ nishings and equipment in the Carnegie. Stout Li~ary, Dubuque, Iowa, Base Bid #2 and #4 pursuant to Resolution No, 47~80 and notice to bidders published in a newspaper published in said City on February 22. 1980 and February 29, 1980: and WttEREAS, said sealed proposals were opened and read on March 11,1980, and ii has been determined that the bid of Fandrei. Inc. of Des Moines. Iowa in the amount of $66,600.00 (Base Bid #2' $9.500.00 (Base Bid #4~ was the lowest bid for the fm'nishing of all labor and materials and performing the work as provided for in the plans and spe- ei fieations: NOW THEREFOR]al BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above men~ tioned improvement be awarded to Fan- drei. Inc.. Des Moines. Iowa and the Manager be and he is hereby directed to execute a contracl~ on behalf of the City of Dubuque for the compte~e perfor- mance of said work. Special Session, March 24, 1980 113 BE IT FURTHER RESOLVED, th t upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders, Passed, adopted, and approved this 24th day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. FeIderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member King moved adop~ tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. (Awarding Contract) RESOLUTION NO. 83-80 WHEREAS, sealed proposals have been submitted by contractors for lhe furnishing and installing of interior fur nishlngs and equipment in the Carnegie -Stout Library, Dubuque, Iowa, Base Bids 3A & 3H pursuant to Resolution .No. 47-80 and notice to bidders published In a newspaper published in said City on February 22, 1980 and February 29, 1980; and WHEREAS, said sealed proposals were opened and read on Marc h t l, 1980, and it has been determined that the bid of Kirk-Gross Co. of Waterloo, Iowa in tho amount of $14,297.71 (3Al $12,107.71 (3H) was the lowest bid for the fur- nishing of all labor and materials and performing the work as provided for in the plans and specifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TItE CITY OF DUBUQUE, IOWA: That the contract for the above men tloned improvement be awarded to Kirk-Gross Co,, Waterloo, Iowa and thc Manager be and he is hereby directed lo execute a contract on behalf of the City of Dubuque for the complete perfor- mance of said work. BE IT FURTHER RESOLVED, that upon the signingof said contract and the approval of the contractors bond the City Treasurer is authorized and in structed to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved this 24th day of March, 1980, Carolyn Farrell Mayor James E. Brady D. MlchaelKing · John L. Fe]derman Michael W. Pratt ATTEST: Council Members Leo F, Fromme[t City Clerk Coum!fl Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrcll, Council Mem~ bors Brady, Felder~nan, King, Pratt. Nays-None. (Awarding Contract) RESOLUTION NO, 84,80 WHEREAS, sealed proposals have been snbmltted by contractors for the furnishing and installing of interior fur- nishings and equipment in the Carnegie Stout Idbrary, Dubuque, Iowa, Base Bids 3C & 3D pursuant to Resolution No. 47-80 and notice to bidders published in a newspaper published in said City on February 22, 1980 and February 29, 1980; and WREREAS, said sealed proposals were opened and read on March I l, 1980, and it has been determined that tile bid Cfi Blackhawk Co. of Jefferson Wisconsin in the amount of $12,003.00 (3C) $5,586.00 (3D) was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; NOW THEREFORE BE IT RESOL~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above men tioned improvement be awarded lo Blackhawk Company, Jefferson, Wis- consin and the Manager be and ho is hereby db'erred to execute a contract on behaff of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond thc Cily Treasurer is authorized and in strueted to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved Ibis 2401 day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King dohn L. Felderman Michael W. Pratt Aq'TES I Council Members Leo F. Frommclt City Clerk 114 Special Session March 24, 1980 Council Member King moved adop: tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman, King, Pratt. Nays-None. (Awarding Contract) RESOLUTION NO~ 85.80 WHEREAS, sealed proposals have been submitted by contractors for the furnishing and installing of interior fur- nishings and equipment in the Carnegie -Stout Library, Dubuque, Iowa, Base, Bid 5 pursuant to Resolution No. 47-80 and notice tO bidders published in a newspa- per published in said City on February 22, 1980 and February 29, 1980; and WHEREAS, said sealed proposals were opened and read on March ] 1,1980, and it has been determined that the bid of Kahle Carpet of Dubuque, Iowa in the amount of $9,825.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and spe- cifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above men- tioned improvement be awarded to Kahle Carpet, Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposlts of the unsuccessful bidders. Passed, adopted, and approved this 24th day of March, 1980. Carolyn Farrell Mayor James E. Brady D, Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrel], Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Awarding Contract) RESOLUTION NO. 86.80 WHEREAS, senled proposals have been submitted hy contractors for the furnishing and installing of interior fur nishlngs and equipment in the ~arnegle: Stout Library, Dubuque, Iowa, Base Bid 6 pursuant to Resolution No. 47-80 and notice to bidders published in a newspa- per published in said City on February 22, 1980 and February 29, 1980; and WHEREAS, said sealed proposals were opened and read on March 11,1980, and it has been determined that the bid of Frank Hurdle Advertising of Dubu- que, Iowa in the amount of $6,950.66 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above men- tbmed improvement be awarded to Frank Hurdle Advertising, Dubuque, Iowa and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved this 24th day of March, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Council Members Leo F. Frommelt City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Codncll Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- commending adoption cfa resolution au- thorizing submission of Formal applica- tion for economic develop ~ment admlnis- tration assistance, for Radford Industri- al Center, presented and read. Council Member Felderman moved that the commuMcation be received and filed. Seconded by Co ncil Member Kn g. Carmed by the fo ow ng vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. RESOLUTION OF GOVERNING BODY OF APPLICANT NO. 87.80 Resolution Authorizing Filing of Ap~ Special Session~ March 24. 1980 115 plication with the Economic Develop. ment Administration. U.S. Department ot Commerce. United States of Amer- ica, for a Grant Under the Terms of Public Law 89-136, as Amended. WHEREAS. under the terms of Public Law 89-13(L as amended, the United States of America has authorized the making of grants to public bodies and private nonprofit organizations to aid in financing the construction of specific projects: NOW THEREFORE BE IT RESOLV~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That Carolyn Farrel]. Mayor is hereby authorized to execute and file an application on behalf of the City of Dubu- que, Iowa with the Economic Develop~ men! Administration. U.S. Department of Commerce, for a grant to aid in finan- cing the construction of IBrief Prokmt Descriptionl industrial park infrastruc- ture, including sewer and water mains, a 2. That the above named authorized representative is hereby authorized and directed to furnish such informauon as the Economic Development Administra tion. U.S. Department of Commerce. may reasonably request in connection with the application which is herein au thorized to be filed, and further is au- thorized ~o accep~ any offer of grant which may betendered by the Economic Developmen~ Administration. U.S. De- partment of Commerce. CERTIFICATE OF RECORDING OFFICER The undersigned duly q~alified and acting City Clerk of the City of Dubuque, Iowa does hereby certify: That the at- tached resolution is a true and correct copy of the resolution, authorizing the filing of application with the Economic Development Administration. U.S. De- partment of Commerce. as regularly adopted at a legally convened meeting of the City Council of Dubuque. Iowa. duly held on the 24th day of March. 1980: and further that such resolution has been ful- ly recorded in the journal of proceedings and records in my office. In Witness Whereof, I have hereunto se~ my hand this 24th day of March, 1980. Leo F. Frommelt City Clerk Council Member Feldermar, moved adoption of the Resolution/Seconded by Council Member King. Carried by the following vo~e: Yeas-Mayor FarreH. Council Mem~ bors Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager re~ commending adoption of a resolution authorizing the filing of an application of 45 units to be leased in the Section 8 Exisling Housing Program, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Prat~. Carried by the fo]lowing vo~e: Yeas-Mayor Farrel[. Council Mem- bers Brady, King Pratt. Nays-None. Abstain-Council Member Febierman. RESOLUTION NO. 88.80 Authorizing the Filing of an Applica- tion for Forty-Five Units to be Leased in the Section 8 Existing Housing Pro- gram. WHEREAS. the City of Dubuque functions as a Public Housing Agency under provisions of Chap[er 403A. 1977 Code of Iowa as amended: and WIIEREAS. the City of Dubuque and the United States Department of Hous- ing and IJrban Development {HIJD) have approved a Housing Assistance Plan authorizing a[ least seventy-three 73 more Section 8 Existing Rousing units {in addiHon to the current authorizatbm for 349 units), subject to fund availabil- ity, prb)r to June 30, 1982: and WREREAS. the Dubuque Housing Commission has reviewed Ihe recenl HUD Notice of Fund Availability and nas recommended application for the maxlmmn number of units awdlable for thc Section 8 Existing Rousing Pro- NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sention ~. That the City Council ap- prowls of the submission of an applica- tion for an additkma145 units of Section 8 Existing ttousing. Passed. adopted, and approved [,his 24th day of March. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Mich~el W. Pratt Council Members ATTEST: Leo F. Frommelt Cily Clerk (iouncil Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the hallowing w)te: Yeas-Mayor Farrell, Council Mom- hers }lrady, King, Prntt. 116 Special Session March 24, 1980 Council Member Brady moved that the commnnication be received and filed and resignation accepted with regret, Seconded by Conncil Member Folder- man. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. RESOLUTION NO. 89-80 BE IT RESOLVED BY THE CITY COENC1L OF TIlE CITY OF DUBU- QUE, IOWA, that the following having complied with the provisions of btw re- lating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a per- mit to sell Cigarettes and Cigarette Pa- pers within said City. Jack W. Noonan - 1618 Central Ave. Randall R. Rick and Michael B. Weber -- 3670 Central Ave, Passed, adopted, and approved this 24th day of March, 1980. Carolyn Farrell Mayor James E, Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Brady moved adop- tlon of the Resolution. Seconded hy Council Member Pratt. Carried by tim following w~te: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 90.80 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW TtIEREFORE 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 thc following named applicants a Beer Permit. CLASS "B" BEER PERMH' Richard Winsor (Also Sunday Sales) - Bunker Hill Road. St. Patrick's Parish Col'potation (Also Sunday Sales) -- 1425 Iowa St,. Dubuqne Jaycees - 1()23~A Main St. Gary Nielsen & Dwaine D. Buwman (Also Sunday Sales) - 841 Central Ave. John G. BreAm (Also Sunday Sales) - 1755 Radford Road. CLASS "C' BEER PERMIT LaVern Nicliolas l~Iennen (Also Sum day Sales) -- 3300 Asbury Road. Earl Sebumacber rAise Sunday Sales~ - 2204 Central Ave. Palmer Drug Company IAIso Sunday Sales) - 2600 Dodge SL Passed, adopted, and approved this 24th day of March, 1.980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. FrommeB City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Beady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. ~1-80 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 occn- pied by such applicants were inspected and found to comply with tbe 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 authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Randall R. Rick and Micbael B. Weber - 3670 Central Ave. John W. Noonan (Also Sunday Sales) - 1618 Central Ave. Ronald Fens -- 1121 University Ave. Dubuque Yacht Basin, Inc. (Also Sun- day Sales) -- 1630 E. 16th St. Passed, adopted, and approved this 24th day of March, 1980. Carolyn Farrell Mayor James E. Brady D. i~!ichael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Pratt. Car~ried by the following vote: ; Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Special Session Communication of Iowa DEQ submit- ~mg a was~ewa;er survey-compliance sampling and encouraging compliance with the recommendations, presented and read. Council Member King moved that the communication be received and filed and copy be sent to the Water Department,. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of HUD submil Mag Section 8 Preliminary Proposal-new con- struction Windsor Park Apartments. 24 townhouse 3 bedroom family; 24 town- house 3 bedroom family; 24 townhouse four bedroom: Walk-ur two bedroom 2 family advising request as submitted by Alan H. Israel Developer, presented and read, Council Member King moved that the communication be received and filed and referred to Community Development Department. Seconded by Council Mem- ber Pratt. Carried by the following vole: Yeas-Mayor Farrell, Council Mem. bors Brady, Felderman. King, Pratt. Nays-None. Communication of Dubuque Building Trades endorsing and recommending that all affiliated crafts actively support the Radford Industrial Center and re- questing Council support, presented and read. CouneiI Member King moved that I he communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrefi. Council Mem- bers Brady, Felderman. King, Pratt, Nays-None, Communication of Picketts Brewery indicating an interest i~ the purchase of lease of the Dock Commission office if va- cated by the Dock Commission. due to the process of the proposed moving of the facility, presented and read. Council Member King moved that the communication be referred to City Man- ager, Staff and Council. Seconded ny Council Member Pratt. Carried by the following vote: Yeas-Mayor FarreIl. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. Communication of Iowa DEQ submit- lng an amendment to Iowa Code in order to implement the Federal regulations governing chemicals in drinking witter and advising of a public hearing to be held on April 23.1980 in Des Moines. pre- sented and read. Council Member King moved that the communication be received and filed and March 24, 1980 117 referred to the Water Department. Sec- onded by Council Member Pratt. Car~ pied by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt Nays-None. MINUTES SUBMITTED -- Plumb. lng Board of Examiners of 2-28: Historic Preservation Commission of 2-12: Tran- sit Trustee Authority of 2-14: Recrea- tion Commission of 2-25; Community De- velopment Commission of 2-29 & 3-12: Human Rights Commission of ~-22: Cable TV Commission of 3-4; Park Board of 3-14:5 Flags Commission of 3 11: Plan- ning & Zoning Commission of 3-5 and Housing Commission of 3-1~. presented and read. Council Mere bet King moved that I he minutes be received and filed. Seconded by Council Member Pratt. Carried by the fallowing vote: Yeas Mayor FarrelL Council Mom bors Brady, Felderman. King, Prati Nays-None. Communlcauon of City Manager sub- mitting audit reports of the following fund~,d projects: 17th Street Storm Sewer Greenhouse Addition. Locust Street Par ~king Ramp, Municipal Garage Addition, ~,dwards and South Pork Sani tary Sewers, 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 Brad), Felderman. King, Pratt. Nays~None, Communication of City Manager sub- mitting monthly reports of the "f reasur. er. Finance Director. also list of claims for month nf January, 1980. presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the folIowing vote: Yeas Mayor FarreL Council Mem- bers Brady, Fe]derman. King, Pratt. Nsys-None. NOTICES OF CLAIMS - John E, Hess, in the amount of $174.00 for ox. back-up into their home ~t 2970 Timber- line on 1-12-8(I; Jane A. Huseman, in the amount of $122.87. for car damage in cuffed as the result of rocks being thrown at her vehicle while driving caus lng her to drb e in~o a chuckhole in thp slrect at 461 W. 5th St. on 2~22-80: Jo- seph E. Scheffert e~ u×, in the amouut of $124.. for expense incurred as the result el a sewer back-up into their home at 244 Quince Street due ;o caved in manhole on 3.10 8u: Michael W. Burds. in the 118 Special Session MarCh 24, 1980 amount of $427.58 for truck damage in- cum'ed as the result of driving into an opening of a storm drain pipe on the west side of Herb St. on 38,80; Transealle Inv. d/bM A. & W. Restaurant, in the amount of $517.68, for damage to root beer machine caused by negligent actbm by the water department in digging at As- bury Road & J.F.K. Road on 9-18-79 Shells A. Konrardy, inan undetermined amount, for personal injuries incurred as the result of a fall on E. 15th St. & Jackson Sts. on 2:29-80; Richard Bean, ill all undetermined amount, for expense incurred as the result of a backed-up sewer at 2790 Andrew Court on 3-15-80 David M. Kluck, in the amount of $154.70 for property damage incurred as the result of a frozell water meter caused by meter reader leaving the door open after having read the meter at 2896 Asbury Rd.; Toni Wallace, in the amount of $35. for car damage incurred as the result cfi driving into a chuckhole on W. 82nd Street on 3-17~80, presented and read. Council Member King moved that the Notices of Claims be referred to the Cor- poration Counsel. Seconded by Council Member Pratt. Carried for the following vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Notice of acceptance of service cover- lng notice of expiration of right of re- demption and for taking tax deed on Lot 2 Diebold's Place (behind Morocco) and S. 60' of Lot 7 Cushing's Addition (be- tween Kaufman & ValeriaL presented and read. Council Member King mowM that the Notice of Acceptance be received and filed. Seconded by Council Member Pratt. Garrled by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. REFUNDS REQUESTED - Gene Kramcr, $25. on unexpired portion of Cigarette License No. 1764, discontinw ed business on 2 15-80; Ricbard B. Win- sot, $25. on unexpired portion of Cigar ette License No. 1780, discontinued bust ness on 2-4-80; James Swebncy et al re~ questing refund of $25. on unexpired por~ion of Cigarette License No. 1767, d~scontlnued business on 2 l0 SS; Eugene Kopp~ $845. on unused portion of Liquor License No, LC-10995~ Thump. sons Food Markets Inc., $1f/0. on unex- pired port,on of Class "B' Beer Permit #BB-6859, discontinued business on 1-28-80, presented and read. Council Member King moved that the refunds be approved and City Auditor directed to issue proper warrants. Se(! ended by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farre[l, Ceuncil Mem~ bets Brady, Feldcrman, King, Pratt. Nays-None. Printed Council Proceedings for the month of December, 1979, presented for Council approval. Council Member King moved that the Council Proceedings be approved as printed. Sedonded by Coun- cil Member Pratt. Carried by the follow- ing vote: YeasMayor Farrel], Council Mem- bers Brady, Felderman, King, Pratt. Nays-Nune. Communication of David W. Leifker opposing the reduction of firemen and p(dieemen, presented and read. Conned Member King moved that the communieatinn be received and filed. Seconded hy Council Member Pratt. Carried by the following vote: Yeas-Mayor Fan'elL Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Communication of Riverside Bowl in- dicating they have no space to offer the Dock Commission and questioning the wisdom of moving the Dock Office from its present location, presented and read. Cmmci] Member King moved that the communication bc received and filed. Seconded hy Council Member Pratt. Carried by tbe following vote: Yeas-Mayor Farrell, Cotmeil Mem- bers Brady, Felderman, King, Pratt. Nays None, Communication of W. H. Weiblen, Wartburg Tbeologieal Seminary, hop- ing that some way could be found not to cut the police and tiro forces, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by tbe following vote: Yeaq~Mayor Farrell, Council Mem- bers Brady, Fclderman, King, Pratt. Nays~N(me. Communication of Jean E. Peterson indicating disappointment in the hand. ling of civic matt6rs" by the majority of tbe present City Council, presented and Council Member King moved that the communication be received and filed, Seconded by Council Member Pratt. Carried by tbe following vote: Yeas~Mayor Farre]l, Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Proof of Publication, certified to by the Publisher, of Pub[ir Notice, publish- ed February 5, 1980, advising the gener~ al public that the Community Block Grant Group is applying for Federal Special Session March 24. 1980 Funds for the Cooper Street Steps Lighting (deadline for commen~s was 2-29-80. none receivedi, presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrelk Council Mere bets Brady, Felderman. King Pratt. Nays~None. Proof of Publication, certified to by the Publisher. of Public Notice, publish- ed February 22, 1980. advising that copy of Annual Performance Report to HUD thru June 30. 1980 is presently on file, presented and read. Council Member King moved that the proof of publication ne received and filed. Seconded by Council Member Pratt, Carried by the following vol,e: Yeas-Mayor Farrel]. Council Mere bets Brady, Feldermar King. Pratt. Nays~None. There being no further business. Council Member King moved to aujourn. Seconded by Council Member Felder- man, Carried ay the following vote: Yeas-Mayor Farrell, Council Mem~ hers Brady, Felderman, King. Pratt. City Clerk Approved ..................... 1980 Adopted ....................... 1980 119 Council Members ATTEST: City Clerk 120 Special Session March 25,1980 CITY COUNCIL OFFICIAL Special Session, March 25, 1980. Council met at 4:30 P.M. (C.S.T.) Present. Mayor Farrell, Council Members Brady, Felderman, King, Pratt. City Manager W. Kenneth Gear- hart. Mayor Farrel] read tim call and stated that service thereof had been duly made and this meeting is called for the purpose of CONSIDERING ADOPTION OF A RESOLUTION DECLARING THE IN TENT TO ENTER INTO A DEVELOP- ER DESIGNATION AGREEMENT FOR THE DOWNTOWN URBAN RE~ NEWAL PROJECT IOWA R-15. Communication of City Manager re- commending adoption of resolution set- ting date for a public hearing on the prn- posal to enter into a Developer Designa- tion Agreement, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Febier- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, I'ratt. Nays-None. Cmmcil Member King moved to sus- pend the rules to let anyone present dress the Council if they so desire. Sec- onded by Council Member Pratt. Car- ried by tile following vote: Yeas-Mayor Farrell, Council Menl- bets Brady, Felderman, King, Pratt, Nays None. Jack O]bu'o, Project Manager, Chris Yunkcr, Coordinator of Public Affairs and Edmund L. Sadleir, Corporale Ar- chitect, pnrsonncI from Homarl Devel- opment Co. gave an ora] presentation on behalf of their company advising they are impressed with downtown area; Chances for success are quite high; Indi~ eared tie in with traffic is already down- town; Arc receiving reports on sky ways, particubtrly with pul'king decks; 3,75 parking spaces area; Looking for ward to working with City on location of Freeway 561: Guess price tag is closer to $50 million; Fact finding period takes time; Silc plan sbould be availai~le with in 6 months; Firm commltmimts will be made this year or next. RESOLUTION NO. 92-80 A Resolution Declaring the Intent to Enter Into a Developer Designation Agreement for the Downtown Urban Renewal Project, Iowa R-15. WttEREAS, under date of February 18, 1980, the C~ty Council of the City of Dubuque adopted a Resolution No. 33-80 authorizing the solicitalion of fei,mai proposals for designation as developer ;fnr certain land in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, pursmmt to such resolu- tion, a notice of Invitation for Proposals was published in the Dubuque Tele- graph-Herald on February 22, 1980 and on February 29, 1980; and WHEREAS, in response to said offer- ing, a proposal for seleetinn as the devel- oper was received from Homart Devel~ opment Company; and WHEREAS, pursuant to Chapter 403 of the Code of Iowa, 1979, and regula- ti )ns of the U.S. Department of Housing and IJrban Development, certain docu- ments must be available for puMic in- spection and a public hearing conducted; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby declares its intent after a public hearing, to enter into a Redeveloper Designation Agreement with Homart Development Company, pertaining to the purchase and redevelopment of Blocks 12, 13, 14 and 17 in Dubuque Downtown Plaza located in the Down- town Urban Renewal Project, Iowa R-I$. SecB6n 2. That the City Clerk be and he is hereby authorized and directed to publish notice of a public hearing to be held on May 5, 1980 and to make certain documents available for public inspec- tion. Such notice shall be substantially in the form of Exhibit A attached hereto and made a part hereof. Passed, adopted, and approved this 25Lb day of March, 1980. Carolyn Farrell Mayor James E. Brady D, Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Elerk Council Membel. King moved adop~ tion of the Resolution, Seconded by Council Member FeMermau. Carried by the hallowing Vote: Yeas-Mayor Farce]l, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None There being no further business, Council Member King moved to adjourn. Seconded by Council Member Felder- man. Carried bythe fo ow ng vote: Yeas-Mayor Farce]l, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Le~ I~.Fr n melt City Clerk Special Session March 25. 1980 Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk 121 122 Special SeSsion March 31, 1980 CITY COUNCIL OFFICIAL Special Session, March 31, 1980. Council met at 4:30 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 cid{ed for the put pose of REVIEWING AND DISCUS- SING APPLICATIONS RECEIVED FOR THE POSITION OF CITY CLERK. Mayor FarreH read a slatus report on the proposed Highway 561; Advising plans were on schedule. Mayor Farrell asked for a clarification of "Open Meetings Law" regarding se- lection of a City Clerk. Corpnration Counsel Russo advised Council to stay with the pracliee of inter- viewing appbcants openly in ()pen scs. sion. Council Member Felderman moved that all interviews for the selection of a City Clerk he condneted in open session with a majority of the Conncil present.. Seconded by Council Member Brady. Carried by thc following vote: Yeas-Mayor Farrell, Council Mere bets Brady, Feblerman, King, Pratt. Nays-None. After consideration and review of the twelve applications received for the po- sition of City Clerk, the number of appli cants was narrowed to four. Cou nell Member Brady moved to send letters of appreciatbm for consideration of the position of City Clerk and advise them of e~imination to: S hells R. Colbert, Emile B. Kiene, Frank Morano, Lorrie E. Regan, Betty J. Siegert, John E. Ste yens, Richard L. Zimmer and Linda M. Bradley. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrcl], Conncil Mere bers Brady, Felderman, Ring, Pratt. Nays-None. fled to appear on Wednesday~ April 2, 1980 or Wednesday, April 9, 1980: Mar tin D. Gonboy, Mary A. Davis, Larry M. Nagle and Joseph A, Stiebcr, with the vote to apply. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Council Member Pratt moved to ad~ journ. Seconded by Council Member Fel- derman. Carried by the following ~ote: 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 Special Session, April 2, 1980 CITY COUNCIL OFFICIAL Special Session, April 2. 1980. Council met at 5:00 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 INTERVIEWING APPLI- CANTS FOR POSITION OF CITY CLERK. Mr. Larry Nagle was interviewed by the City Council for the position of City Clerk. There being no further business. Council Member Brady moved to ad- journ. Seconded by Conncil Member Felderman. Carried by the following 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 123