The URL can be used to link to this page

1980 April Council Proceedings122 Special Seosion 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 Farcell read the cal~ and slated that service thereof had been dsly made and this Meeting is called for the put pose of REVIEWING AND DISCUS~ SING APPLICATIONS RECEIVED FOR THE POSITION OF CITY CLERK. Mayor Farrel} read a status report on the proposed Highway 561: Advising plans were on schedule. Mayor Farrell asked for a clarlficalion of "Open Meetings Law" regarding leetion (if a City Clerk. Council Member Pratt moved journ. Seconded by Council Member derman. Carried by the followb Yeas-Mayor Farrell, Council bors Brady; Felderman, Ki~ Nays-None. Leo F, Fromme]t ;. City Clerk Approved ...................... Adopted ....................... 1980 ATTEST: Cily Clerk Special Session, April 2, 1980 NCIL IClAL 1980. Council Felderman, King, W. Kenneth Gear- the call and stated had been duly niade called for the PUR: APPLI- ~N OF CITY was interviewed by nO further business, ' moved to ad- Council Member n. Carried by the following · Farrell, Council Mem , Felderman, King, Pratt. Leo F. Frommelt City Clerk .............. 1980 .................. 1980 123 122 Special SessiOn March 31, 1980 CITY COUNCIL OFFICIAL Special Session, March St, 1980. Council met at 4:39 P.M. (C.S.T.) Presenl-Mayor Farrell, Council Members Brady, Felderman, King, Pratt. City Manager W. Kenneth Gear. hart. Mayor Parrtdl read the call atld slated that service thereof had been duly made and this Meeting is called for the put pose of REVIEWING AND DISCUS- SING APPLICATIONS RECEIVED FOR TIlE POSITION OF CITY CLERK. Mayor F'arrell read a status report on the proposed Highway 581; Advising plans were on schedule. Mayor Farrell asked for a clarification of "()pen Meetings Law" regarding sc- lectbm of a City Clerk. Nays~None. fled to appear on Wednesday; April 2~ Yeas-Mayor Farrel[, Conncil Mem- Council Member Pratt moved to ad- journ. Seconded by Council Member FeL derman. Carried by the fogowing Yeas-Mayor Farrell, Council Mem- bers Brady; Pelderman, King, Pratt. Nays-None. Leo F. Frommclt City Clerk Approw~d ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Special Session. April 2, 1980 123 CITY COUNCIL OFFICIAL Special Session, April 2, 1980. Council met at 5:00 P.M. [C.S.T.) Present-Mayor Farrell. Council · Membere 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 Council Member Felderman. Carried by thc following vole: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Leo F. Frommelt City Clerk Approved ..................... t980 Adopted ...................... 1980 Council Members ATTEST: City Clerk 124 Regular Session, April 7( 1980 CITY COUNCIL OFFICIAL Regular Session, April 7, 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 Farre[I read the call and slated that service thereof had been duly made and this Meeting is the REGIILAR MONTHLY MEETING OF TIlE COUNCIl, called for the purpose of act- lng upon such business as may properly come before the Meeting. Proclamatbms proclaiming April 13 thru 19 as "Days of Remembrance of Vic tiros of the tfolocaust,' May 1, 1980 as "Loyalty Day," Week of May 1-7 as "Re- spect for Law Week," Manth of May, 1980 lis "Senior Citizens Recognition Month," April 15, 1980 as "Native Amer iran Day" and April 13-19 as "Boys' (3[ub Week" were read anti so proclaimed by Mayor Farrell. Commnnication of Committee for Civic Responsibility, by John P. Klauer, President., requesting to bo phteed on the agenda at the April 7th meeting in order to present petitions regarding a change of City Government, presented and read. Ydas~Maypr Farrell, Coundil Mem~ hers Brady, Felderman, King, Pr;itt. Nays-None. RESOLUTIONNO. 93.80 ~ WttEREAS, there has been present- ed a petition containing approximately 2841 signatures petitioning the City Council for a referendum for an election to submit to the electorate the proposl lion to change the form of governmeni from the present Council-Manager lorm (If municipal government to Council: Manager-Ward form of government. NOW THEREFORE BE IT RESOLV- ED POR THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SectiOn 1. Tha~ the petition filed for tile change of government be and the same is hdreby received and filed. Section 2. That the City Clerk be and he is hereby directed to transmit said petition to the Commissioner of Elec- tions in and for Dubuque County, Iowa. Suction 3. That the Commissioner of Electbms be and she is hereby requested to piece the propesitb)n for the change of government from the present Council- Mamtger form of mnnicipal governmenl Lo Council-Manager-Ward form of gev eminent on th~ ballot al the next pti mary election. Passed, adopted, and approved this 7th day of April, 1980. Carolyn Farrell Mayor James r~. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommell City Clerk Council Member FeMerman moved adoption of the Resolution. Seconded by Council Member Prat[. Carried by the fo ow ng vote: Yeas-Mayor FarrelL Council Mem bets Brady, Felderman, King, Pratt, Nays-None. Cnmmunication of Transit Manager William B. Kohler, sobmitting an Iowa DOT application requesting financial as- sistance, both operating and capita], to help offset the net operating costs an_d defray a portion of the capital expendi lures, presen£ed and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mean bets Brady, l%lderman, King, Pratt. Nays-None. Regular Session, April 7. 1980 125 AUTHORIZING RESOLUTION NO. 94.80 We. hereby authorize the City of Du- buque on April 7. [980 to apply for $100.704 to be used for capital and/or operating assistance under the state transit assistance program and enter in- '~o contract with the Iowa Department of Transportation Name: City Council of the City of Du- buque. Iowa By: Carolyn Farrell Title: Mayor, City of Dubuque Address: 1300 Central Avenue. Dubu- que. Iowa 52001 Telephone: 1319) 583-9191 Council Member Pratt moved adop- vion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Transit Manager and City Manager submitting a contract with Project Concern to operate 2 new mini-busses and authorizing Mayor to execute, presented and read, Council Member Pratt moved that contract be approved and Mayor be au thorized to execute. Seconded by [~oun- cji Member Brady. Carried bv the fei lowing vD;e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. ORDINANCE NO. 23-80 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 18-32 OF DIVISION 2 OF AR. TICLE II THEREOF AND ENACTING A NEW SECTION 18-32 OF DIVISION 2 OF ARTICLE II IN LIEU THEREOF TO PROVIDE FOR THE INVESTIGATION OF APPLICANTS AND THE IS- SUANCE OF LICENSES. said Or- dinance having been previously presented and read a; the Council Meetings of March 3. 1980 and March 24. 1980, presented for final ~tdoption. ORDINANCE NO. 23-80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF TH E CITY OF DUBUQUE, IOWA BY REPEALING SECTION 18-32 OF DIVISION 2 OF AR. TICLE II THEREOF AND ENACTING A NEW SECTION 18.32 OF DIVISION 2 OF ARTICLE II IN LIEU THEREOF TO PROVIDE FOR THE INVESTIGATION OF APPLICANTS I~ND THE IS- SUANCE OF LICENSES. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code ar Ordi- nances of the City of Dubuque, Iowa b~ ·nd the same is hereby amended by repealing Section 18.32'of Division 2 of Article H thereof and enactiny a new Scc tio?l 18-32 of Division 2 of Article H ~ lieu thereo! as Jbllows: "Sec. 18-32. Same--Investigation of applicant: issuance. (a) The license officer shall, witMn thirty t301 days a~ter receipt Dy an ap- plication for an am bulance license t~s provided for in this division, causa such investigation as be deems ne- cessar~ lo be made of the applicant and of his proposed operatwns. (b) Thelicenseofficershallissueali- reuse hereunder for a spemfied a~rl~ bulance, to be valid for a period ~,, three ~o years u?~less earlier sus- pended, revoked or terminated. when he finds: ti) That each such ambulance. ~s required equipment and the pre~ ises designated in the application. have been certit~ed by the health Dj. l~cer as provided for herein. (2) Tba! o?lly dul~ licensed dr; vers. attendants, and attendaw. (3) 7'bat all the req lremevl laws and ordinances have been me t. (4) That the City of Dubuque, Iowa is not engaged in furnishing, operating, conducting or maintain. ina. or otherwise be engaged in the busine,, ~. of service of the transtm~- ration of patients upon the street~. alleys or any public way or place of the City of Dubuque, Iowa. Passed. adopted, and approved this 4th day of Apri~ 198a Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felde~vnan Michael W. Pratt Council Members A T'I'I~;S 7~' 126 Regular Session, April 7. 1980 ORDINANCE NO. 24.80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY REPEALING SECTION 18-16 OF DIVISION 1 OF AR* TICLE II THEREOF AND ENACTING A NEW SECTION 18.16 OF DIVISION 1 OF ARTICLE II IN LIEU THEREOF TO DEFINE "AMBULANCE" AND TO DEFINE "PATIENT." presented and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. See- onded by Council Member Pratt Car- ried by the following vD;e: Yeas Mayor Farrell Conncil Mem- bers Brady, Feiderman. King, Pratl. Nays None. Council Member Felderman moved that the rule requiring all Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vD;e: Yeas Mayor Farrell Council Mem- bers Braay, I%lderman. King, Pratt. Nays-None. ORDINANCE NO. 24-30 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 18-18 OF DIVISION 1 OF AR- TICLE II THEREOF AND ENACTING A NEW SECTION 18-16 OF DIVISION 1 OF ARTICLE II IN LIEU THEREOF TO DEFINE "AMBULANCE" AND TO DEFINE "PATIENT." NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: q~alified i?~dividaal responsible for the operatwn af a~ a~bulance a~d the care of the patievts whether VDt the attendant also serves as dri Attendent.drlver means a person who is qualified as an at tendan t and a driven Driver mea~s an individual who drives an ambulance. Dual purpose patrol car means a ve- hicle, operated by a police or fire de~ partment, which ~s equipped as an ambulance, even though it is used fbr patrol or other purposes. Health et ricer means the director Dj Ihe city health department. License officer means the city clerk, Patient mea~s an individual who is sick. injured, wounded, or otherwise incapacitated or helpless, but does not include ,~ high risk newborn in- ]ant that requires the specialized care available in a pcrinatal unit. Person means any person, firm.. partnership, assoctatton corpora- lion. company, group of individuals acting together for a common pur~ pose or organization of any kind. in- cluding any governmental agencv other lban the United States. ' Passed. adopted, avd approved this 7th day of April 1980. Carol?m Farrell Mayor James E. Brady D. Michael King Jol~n L. Fetderman Michael W Pratt Council Member~ i TTEST: Leo P: l,'rommelt City Cleric Published officially in the Tel~ qraph Herald Newspaper this 11th 4ay April 1980 Leo F. Prommelt Cit~ Clerk It 4/11 Council Member Felderman moved final adoption of the Ordinance. Second- ed b~ Council Member Pratt. Carried by the following yore: Yeas-Mayor Farrell. Council Mem. bets Brady, Felderman. King, Pratt. Nays-None. Notice of Suit in The Iowa District Court by Scott Neyens. Theodore A Pfiffner and Charles S. Uskavitch reis tire tn refusal to issue an ambulance li- cense, presented and read. Council Member Pratt moved that the Notice of Suit be referred to the Corpor- ation Counsel. Seconded by Council Member Felderman. Carried by the fol- lowing VD;e: derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Regular Session, April 7, 1980 Yeas-Mayor Farrell, Council Mere, bets Brady, Felderman, King, Pratt. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Sale of properk ty at 599 West 8th St., published Novem- ber 4, 1979 by Housing Rehab. Commis- sion, presented and read. Council Member Pratt moved that the proof of publication be received and filed, Seconded by Council Member Fei- 127 ED FOR THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Ienflon 1. That the Mayor be and she is hereby authorized and directed to ex- ecute a Quit Claim Deed and Homestead Agreement and to do any and all such things necessary and requisite to the conveyance of the real property de- scribed herein to Sandralee M, Scott, for the total sum of Seven-thousand~ five- hundred and 00/100 Dollars, $(7,500.00). Passed, adopted, and approved this 7th day of April, 1980. Carolyn Farrell Nays-Council Member Brady. Communication of City Manager sub- mitting a resolution calling for adoption authorizing the sale of property at 599 West 8th St,, presented and read, Council Member Pratt moved that the communication be received and filed. ATTEST: Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. RESOLUTION NO. 95.80 Authorizing the Sale of Certain Real Property Owned by the CRy of Dubu. que, with the Condition that Said Reel Property Will Be Rehabilitated in Ac- cordance with the Property Rehabilita- tion Staudarde of lhe Hill Neighbor. hood Improvement Plan. WHEREAS, pursuant to Council Res- olution 228-79, dated September 4, 1979 the City of Dubuque has purchased and now owns fee simple interest in the pro- perty at 599 West 8th Street, legally described as: Lot 2 of Lot 3 of Lot 14 of Out Lot 703, and Sub. 15, Out Lot 703, Lot 1 WHEREAS, the identified real pro- perty is located in the Hill Neighborhood Improvement Area, which is qualified, by Council Resolution 13.77 and Chapter 403 of the Iowa Code for public activities to alleviate blight and deterioration of private property; and WHEREAS, the identified real pro- perty has been publicly offered for sale to the highest bidder, and that a quail: fled high bid has been received; and WHEREAS, the qualified high bidder has presented to the City Manager a fi nancially and technically feasible pro- posal for the rehabilitation of the identi- fied real property according to the stan- dards of the Hill Neighborhood Improve- ment Plan; and WHEREAS, the qualified high bidder has agreed to receive a Quit Claim Deed and execute a Homestead Agreement as a condition of sale of the identified real property; NOW THEREFORE BE IT RESOLV- Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the fidlowing vote: Yeas-Mayor Farrell, CounciJ Mem- bers Felderman, King, Pratt. Nays Council Member Brady. Communication of City Manager sub- mitting Ordinances pertaining to the Human Rights Commission and Housing Code Advisory and Appeals Board, to bring into conformance and clarification; presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 25.80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SUBSECTION (c) OF SECTION 21.23 THEREOF AND BY ENACTING A NEW SUBSECTION (c) OF SECTION 21.23 IN LIEU THEREOF PROVIDING FOR MEETINGS OF THE HUMAN RIGHTS COMMISSION, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: YeasMayor Farrell, Council Mere: bers Brady, Felderman, King, Pratt. Nays.None. Council Member Pratt moved that the rnle requiring an Ordinance to be receiv- ed and filed at two meetings prior to the 128 Regular Session, April 7, 1980 meeting when final action is taken, be dispensed with, Seconded by Cmmcil Member Felderman, Carried by the fol- lowing vote: Yeas-Mayor Farrcll, Council Mere: bets Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 25-80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SUBSECTION (c} OF SECTION 21-23 THEREOF AND BY ENACTING A NEW SUBSECTION (c) OF SECTION 21-23 IN LIEU THEREOF PROVIDING FOR MEETINGS OF THE HUMAN RIGHTS COMMISSION. NOW THEREFORE, BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE Cl. TY OF DUBUQUE, IOWA: t kereaf as follows: AN ORDINANCE AMENDING THE CODE OF OR DINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING NEW SUBSECTIONS (e), (f), (g) AN D (h) OF SECTION 20-2.03 THEREOF PRO- VIDING FOR THE REQUI.RED ATTEN- DANCE OF MEMBERS A'f MEETINGS, MINUTES OF MEETINGS WITH CITY COUNCIL AND BY ESTABLISHING PROCEDURES GOVERNING THE AC. TIONS OF THE HOUSING CODE AD- VISORY AND APPEALS BOARD, presented and read. Council Member Pratt moved that thc reading just had be considered the first reading of the 0rdbmnce. 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 rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to thc meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Carried by thc fol- lowing vote: Yeas-Mayor Farre]l, Council Mem bets Brady, Felderman, King, Pratt. Nays-Nune. ORDINANCE NO. 26-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING NEW SUBSECTIONS(e),(f),(g) AND (h) OF SECTION 20.2.03 THEREOF PRO- VIDING FOR THE REQUIRED ATTEN. DANCE OF MEMBERS AT MEETINGS, PROVIDING FOR THE FILING OF MINUTES OF MEETINGS WITH CITY COUNCIL AND BY ESTABLISHING PROCEDURE GOVERNING THE AC- TIONS OF THE HOUSING CODE AD- VISORY AND APPEALS BOARD. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seclioe 1. That the Code of Ordinanc- es of the City of Dubuque, Iowa be amended by E~mcting new Subsections fei, (/7, (qt and fbi af Seetion 20-2.03 there- af as fellows: Section 20-2.03. Housing Code Ad. visory and Appeals Board. (e) Members of the Housing Code Advisory and Appeals Board stroll attend at least two thirds of all regu- larly scheduled meetings within any twelve month period. If any member bet af meetings, it shall constitute grounds jbr the bo(trd to recommend to the Dubuque City Council that said m{imber be replaced. Atten- day, ce o fall members shall be enter- ed on the minutes, (f) ~All mee tings of t he Ilousing Code Advisory and A ppe, ls Board shall be held in conjbrmance with the provi- sion af the Iowa Ope*l Men tings Law, (~) The Housing Code Advisory and Appeals Board shallji'le with the Du- buque City Cou?ieil a copy of the minutes rtf each regular and special meeting of the board within ten Regular Session. April 7. 1980 129 working days after each such meet- (h) All administrative, personnel. accounting, budgetary and procure- ment policies of the City shall govern the Housing Code Advisory and Ap- peals Board in all of its operations. Passed. adopted, and approved this 7th day of ApriL 1980. Carnlyn Farrell Mayor James E, Brady D. Michael King John L. Feldarman Michael W, Pratt Council Members ATTEST: Leo F. Frommelt City Clerk Published officiallit in the Telegraph Herald Newspaper this 11th day of April 1980. Leo P'. Frommelt City Clerk It 4/11 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Felderman. Carried by the following Yeas-Mayor Farrell. Council Mem bers Brady, Felderman. King, Pratt. Nays-None. Communication of Planning & Zonins submitting proposed Zoning Ordinance Amendments establishing PI Planned Industrial and C-7 Commercial Districts and recommending favorable considera- tion. presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farrel] Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. AN ORDINANCE amending Code of Ordinances Zoning Ordinances repeal- ing and enacting Sections to the list of In- dustrial Districts established; prescrib- ing a general statement of intent: estab- lishment of PI Planned Industrial Dis- tricts: accessory uses and structures: Lot & Bulk regulational off-s;ree; park- ing; loading space requirements, all in PI Planned Industrial Dis;vier. presented and read. Council Member Pratt 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 Pta;; moved t hat 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 hers Brady, Felderman. King, Pratt. Nays-None. Council Member Pratt moved that a public hearing be held on the Ordinance on May 5, 1980 at 7:30 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 King. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. AN ORDINANCE amending Code of Ordinances of City of Dubu~le. also known as the Zoning Ordinance and Zen lng Map of the City of Dubuque, by en- acting new Sections General Service c~ Wholesale Commercial District m the list of Commercial Districts established by the Ordinance: enacting ~eneral statement of in~ent, permitted and cessory & conditional uses. wholesale sales or storage facilities: sign regula non; all in C-7 General Service aha Who]esab, CommereiaI District sented 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 Pratl moved that the rule requiring an Ordinance to be rector- ed and filed at 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 Farrell. Council Mere hers Brady, Felderman. King, Pratt. Nays None. Council Member PraB~ moved that a public hearing be held on the Ordinanc~ on May 5, 1980 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to pub fish notice of the hearing in the manner required by taw. Seconded by Council Member King. Carried by the following Yeas Mayor Farrell Council Mem- bers Brady, Felderman. King, Pratt. Nays None. Communication of Julian G. Nem- mers. M.D. submitting a history of pro- cedure in the proposed use of the Plan- ned Industrial District to the newly an- 130 Regular Session, Apml 7, 1980 nexed [}roperty on Cedar Cross Roac and indicating that the proposed zoning is for the best interest of the City. pre sented and read. Council Member Pratt moved that the communication be received and filed Seconded by Council Member King, Car Hed by the following w~te: Yeas Mayor Farrell. Council Mem- bers Brady. Felderman King. Prat~ Nays.None. Communication of Attorney Hturhes. as a representative of Dr. Julian G. Nero mers. requesting to be heard in support of the Planning ~ Zoning Commission recommendation concerning the Nem megs property, presented and read. Cmmcil Mere her Pratt moved that the communication be received and fi]ed. Seconded by Council Member King. Car tied by the following vote: Yeas~Mayor Farrell Council Mem- bers Brady, Felderman King, Pralt, Nays-None, Communication of Planning & Zoning submitting an Ordinance coverm~ the Cedar Cross Brunskil] Rd. andCrescent Ridge area providing lbr amendment m Zoning Map called the Center Sector am hexed arcs, presented and read. Keith Vickery oi Cedar Cross Road was of opinion that strong consideration be given that if Industrial Area goes in without adequate roads, it would be a farce: Vast area is residential and should be kept that way; Property should be zoned residential. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt Carried by the following vnte: Yeas Mayor Farrell. Council Mgm bors Brady. Felderman. King. Pratl Nays-None. AN OR1)INANCE i)roviding that thc Code of Ordimmccs. City of Dubuque, Iowa be amended by revising Appendi~ A thereol, also known as the "Zoning Or dinanee and Zoning Map of the City of Dubuque. Iowa." to amend the Zoning Map with regard m properties in thc Center Sector nf the territory few)Inn- tartly annexed to the City of Hubnque, Iowa. presented and read Council Member King moved that the reading just had be considered the first reading of the Ordimmce Seconded by Council Member Pratt. Carried i)y the following vote: Yeas Maym' Farre[l. Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Counell Member King moved that the ed and filed ,tt two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Cam'led by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None Council Member King moved that a public hearing be held on the Ordinance on May 5. t980 at 7:30 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 Cotlncil Member Pratt. Carried by the following vote: Yeas~Mayor Farrell. Council Mem- bers Brady, Feldcrman. King, Pratt. Nays-None. Proof of Publieanon. certified to by the Publisher. of Notice of Public Hear- ing providing for the change of the Wes~ Third/Alpine Historic Preservation Dis- triet to the Langwm'thy Historic Preser- vation District, presented and read. No written objections were filed and no oral objectors were present in tee Council Chamber at the time set for the hearing. Conncil Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Fei derman. Carried by the followin§ vote: Yeas-Mayor Farrell. Council Mere kmrs Brady, Felderman. King, Pratt. Nays-Nune. ORDINANCE NO. 27-80 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA AMENDING THE CODE OF ORDINANCES OFTHE CITY OF DUBUQUE. IOWA BY AMENDING ORDINANCE NO. 47-79 BY REVISING THE PREAlY BLE THEREOF AND BY ADDING A NEW SECTION THEREOF TO BE NUMBERED SECTION 3, PRO. VIDING FOR THE CHANGE OF THE WEST THIRD/ALPINE HISTORIC PRESERVATION DISTRICT TO THE LANGWORTHY HISTORY PRESERVATION DISTRICT. said Or- dinance having been previously presented and read at the Council Meeting of March 24.1980. presented for final adoption. ORDINANCE NO. 27.80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY AMENDING ORDINANCE NO. 47-79 BY REVISING THE PREAMBLE THEREOF AND BY ADDING A NEW SECTION 3, PROVID- ING FOR THE CHANGE OF THE WEST THIRD/ALPINE HISTORIC PRESERVATION DISTRICT TO THE LANGWORTHY HISTORIC PRESER- VATION DISTRICT. WI1EREAS. ~he City Council has dvm~nated the West Third/Alpine His- Regular Session. April 7. 1980 131 iorie Preservation District in accor- dance with Ordinance No. 1& 77: and WHEREAS. it has been brought to Ih~ attention of the Dubuque Historic Preservation Commission that three prominent residences of the Langwor- thy family have been located in the aforesaid district: and WHEREAS. one oy the two rema~n~ ina former Langworth~ residences the district is commonly known as the "£angworth~ House"ar Octagon House. "and enjoys national recognition as one of the best remaining examples of the octagon style of architecture in country; and WHEREAS. a street bearing the Langwortky name ~asses through aforesaid distr~ct; and WHEREAS. the Dubuque IIistorlc Preservation Commission ~as recently surveyed residents of the aforesaid district and found support Jbr changintt the name of the district to Langworthy. ~nd.round no opposition to the name shange; and WHEREAS. the Dubuque Historic Preservatmn Commission has recom- mended that the name of the ajbresaid disirict be changed to the Lanowortt, Historic Preser~ atmn Distrfi ~: NOW THEREFORE BE iT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the preamble of Ordi. hence No. 1,7.79 of the City of Dubuque, Iowa be amended to read as jbllows: "AN ORDINANCE OF TtIE CITY OF DUBUQUE. IOWA ESTAB- LISHING THE LANGWORTtIY HISTORIC PRESER VA TION DIS- TRICT CONTAINING THE PRO- PERTIES HEREINAFTER DE- SCRIBED. PURSUANT TO THE RE~ UIREMENTS OF OR- DINANCE NO, 18.7Z ' and striking from said preamble the fol- lowing language: "the name of the West Third/A !pine Historic Preservation District," So~t]O~l 2, That Ordinance No. 47-79 of the City of Dubuqae, Iowa be amend- ed by adding a new sec~mn to be num- bered Section 3 to read as follows: "Soctlon 3. That said described dis- trier be designated the Langworthy tits torte Preservation District." Passed, adopted, and approved this 7th day of April 1980. Carolyn Fa;a.ell Mayor James E. Brady D, Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. l;'rommelt Cirri Clerk Published officiall~ in the Telegraph Herald Newspaper thi~ 11th day of April 1980. Leo lq Frommelt Cit'u Cleric It 4/ll Council Member Pratt moved final adoption of the Ordinance. Seconded by Cnuncil Member Felderman. Carried by the followins vo~e: Yeas-Mayor Farrell. Council Mgm begs Brady, Fclderman. King, Pratt. Nays-None, Communication of City Manager re commending that tile Council waive the Industrial Revenue Bond Pinance Peg for the Dubuque Supply Co, and Dubu que Building Inc., presented and read. Council Member Pratt moved that the eommumcation be received and filed and recommendation approved. Seconded by Council Member King. Carried by the following yore: Yeas-Mayor Farreih Council Mgm begs Brady, Pelderman. King, Pratt. Nays None. uscal year 1981 Operalmg Budget docu mentation recommending the filing of 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~ begs Brady, Felderman. King, Pratt. Nays-None. Proof of Publication. certified to by the Publisher. of Notice of Publication on 3-28-80 stating that a summary of the budget is on file showing the intended uses of Revenue Sharing Funds in the City Clerk's Office, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Prai Nays-None~ Petition of Elsie M. Petersen et, al 4 signers all senior citizens], living at t543-45 Delhi St. requesting garbage pickup once a week. indicated limited in- come, presented and read. Council Member Pratt moved that the petition be received and filec and re. quest member of Staff to inform citizens of minimum income privileges regarding garbage rates. Seconded by Council Member King. Carried by the following 132 Regular Session April 7~ 1980 Yeas-Mayor Farrelh Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Petition of Dubuque Community School District requesting permission to construct a s~andard type street cut as a driveway entrance at the construction site of the new administration building at 2300 Chancy Road, presented and read, Council Member Brady mnved that the petition be received and filed and referred to City Manager and Traffic Department, Seconded by Council Mom bet Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Petition of Milton F. Bernie requesting change in starting time on Saturday for Keyline Bus Service from 8 A.M. to 7 A.M., presented and read. Council Member Pratt moved that the petition be received and tiled and refer red to Transit Board~ Seconded by Coun ct[ Member King. Carried by th(, follow- lng vote: Yeas-Mayor Farrell~ Council Mom bors Brady, Feldcrman, King, Pratt. Nays None. Petition of Thc Fischer Companies subinitting an offer to purchase city- owned property Section of Tower St. [rom Wall to 6th St.; alley in Block 25 as a means of servicing a proposed grain ter- minal client, presented and read~ Council Member Pratt moved that the petition be received and filed and refer red to Manager and Staff. Seconded by Cmmcil Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Febierman, King, Pratt. Nays None. Communication of Board of Dock Commissioners submitting an ordina nco prohibiting swimming, ice skating and/or ice fishing in certain designated areas, presented and read. Council Member Brady moved that tile communieation be received and filed. Seconded by Council Member Pratt. Carried by tile following vote: Yeas-Mayor Farrell, Cotmcil Mom bors Brady, Feldcrman, Kingl Pral t. Nays None. Dock Commission Resolution advis- ing the City that it would be of best inter est. to the City to adopt an Ordinance covering thc above and AN ORI)I NANCE amonding~Code of Ordinances by enacting a new Section 26q 25 to Divi sion I of Article VI ti) prohibit swim ming, ice skating or ice fishing in the areas designated under the jurisdictbm of the Commission and providing for )enalty for violation hereof, presented and read. Council Member Brady moved that the Dock Commission Resolution and Ordinance be tabled to the next Council Meeting. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~No0e. Communication of City Manager sub- mittlng proceedings for the construction of new Roof and Gutters for the City Hall, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder~ man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Fdderman, King, Pratt. Nays-None. RESOLUTION NO. 96.80 Preliminary Estimate, in the amount of $66,000.00 for construction of new Roof and Gutter system for City Hall for approval, presented and read. Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Feldcrman. Carried by the following vote: Yeas Mayor Farl'dl, Council Mom bors Brady, Feiderman, King, Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO. 97-80 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the tm: provement for tile new roof and gutter system for City Hall. BE IT THEREFORE RESOLVED that the City Council on its ~wn motion, deems it advisable and necessary for the public welfare to make thc herein men- tioned improvement, and unless proper- ty owner~ at thc time of the final consid oration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waived all obiections thereto. Said improvement shall be construct ed and done in accordapce with the plans and specificatbms which have been ap- proved by the City Council and are n0w on file with the City Clerk, That the cost and expense of making said improve- ment shall be paid from General Fund iami sales reserves. ' The above resolution was introduced, approved and ordered placed on file with Regular Session the City Clerk this 7th day of April, 1980. Approved and placed on file for final aefion. 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 ap- proval of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, Ring, Pratt. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 98-80 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its pre- liminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the new roof and gutter system for City Hall NOW THEREFORE BE IT RESOLV ED that on the 5th day of May, 1980, a public hearing will be held at 7:80 p.m. in the Council Chambers of the City of Du- buque at City Hall at which time the ob- jectors for the proposed improvement may appear and make objection to the proposed plans and specifications, form of contract and cost of said improve~ merit, and the City Clerk be and is here- by directed to cause a notice of time and place of such hearing to he published in some newspaper published in the City of Dubuque, Iowa which shall be not less than four days nor more than twenty days prior to the day fixed for its consid- eration, and the City Clerk be and is hereby directed to have published the notice of pendency for said improve- ment, and the City Clerk is hereby di- rected to advertise for proposals to the contractors for the construction of the above-mentioned improvement, Passed, adopted, and approved this 7th day of April, 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 April 7, 1980 133 Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Communication of City Manager sub- mitting proceedings for the construction of cement steps at Eighteenth, Seventh & Dell Street Steps, presenteO and read. Council Member Felderman move that the communication be received and filed, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt Nays-None. RESOLUTION NO. 99-80 Approval of Preliminary Estimate, in the amount of $42,614.21 for construe tion of Eighteenth, Seventh and Dell Street Steps, presented and read. Coune0 Member Felderman moved adoption 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. (Necessity for Improvement) RESOLUTION NO. 100.80 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1~ the plan of such improvement (2) An estimate of the cost of the im- provement for the construction of the Eighteenth, Seventh and Dell Street Steps. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper.. ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been ap proved by the City Council and ave now on file with the City Clerk. That the cost and expense of making said improve- ment shall be paid from the Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of April, 1980. 134 Regular Session. April 7, 1980 Approved and placed on file for final Caroiyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Prati Council Members ATTEST: Leo F. Frommell City Clerk Council Member Felderman moved approval 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. (Fixing Date of Hearing RESOLUTION NO. 101-80 WflEREAS, the City Council of the City of Dubuque, Iowa, has given its pre liminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for con- strm!fion of the Eighteentb. Seventh and Dell Street Steps. NOW THEREFORE BE IT RESOLV~ ED that on the 5th day of May, 1980, a public hearing will be held at 7:30 p,m. in the Cmmcil Chambers of the City of Du- buque at City Hall at which time the ob- jectors for the proposed improvements may appear and make objection to the proposed plans and specifications, form of contract and cost of said improve- merit and the City Clerk be and is here- by directed to cause a notice of time and place of such hearing ~o he published in some newspaper published in the City of Dubuque, h)wa which shall be not less than four days nor more than twenty days prior to the day fixed for its consid- eration, and the City Clerk be and is hereby directed to have published the notice of pendency for said improve- men~. and the City Clerk is hereby directed to advertise for proposals to the contractors for the construction of the above-mentioned improvement. Passed adopted, and approvea this 7th day uf April. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommdt 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. Communication of City Manager sub- mitring proceedings for City of Dubuque 1980 Street Program, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 102-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBD- QUE. IOWA: Section 1. That the attached sheets No. i to 22 inclusive- are hereby deter- mined to be the schedule of proposed assessments for the City of Dubuque 1980 ASPHALT PAVING PROJECT NO. 1. and the valuations set out thereir.. are hereby approved. ADOPTED this 7th day of April 1980. Carolyn Farrell Mayor James E. Brady 1). Michael King John L. Felderman Michael W. Prat~ Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vo~e: Yeas~Mayor Farrell. Council Mem- bers Brady, Fcbterman. King, Pratt. Nays-None. RESOLUTION NO. 103-80 Prelimblary Estimate for cons;ruc- tion of City of Dubuque 1980 Asphalt Paving Project No. 1 -- Blood Plant Road from Julien Du- buque Drive to the Illinois Cern tra] Railroad Tracks. 2. Chancy Road from thc N.P.L. of Kaufmann Avenue ;o the S.P.L, of Kane Street 3. West Eighth Street from the W.P,L, of Bluff Street to the W,P.L. of the N. 100'- E. 35' of Lot 49 of Corriell's Dubuque, 4. Hill Street from the N.P.L. of Woo~en Stree~ to the W.P.L. of West Eighth Street. 5 Julien Dubuque Drive from the N.P.L. of Lot l of LotUs Subdivi- sion (Old City Limits)to the Blood fqant Road Regular Session, April 7, 1980 135 6. West Locust Street from the N.P.L. of Loras Boulevard to the E;P.L. of Hogdon Street, 7. Murphy Park Roadway - Approx~ imately 650 feet of Roadway with Adjacent Parking, 8. West Third Street from the W.P,L, of Bluff Street to the E.P.L. of Hill Street, 9. University &venue from the E,P.L, of Loras Boulevard to the West End of Delhi Street, 10. Valley Street from the W.P.L. of Southern Avenue to the N.P.L. of Mount Loretta Street, 11. Woodland Drive from the N.P.L. of Key Way Drive to the N.P~L. of Dana Drive in the estimated amount of $586,868.98, presented and read. Council Member Pratt moved adop tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO. 104-80 WHEREAS, proposed plans, specifications, form of contract, plat aud schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the of- rice of the City Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improvement, 4. Each lot proposed to be assessed together with a valuation fixed by the council. S. An estimate of the cost of the pro- posed improvement, stating the same for each different type of construction and kind of material to be used. 0. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1980 Asphalt Paving Project No. 1 - 1. Blood Plant Road from Jullen Du- buque Drive to the Illinois Cen- tral Railroad Tracks, 2. Chancy Road from the N.P.L. of Kaufmann Avenue to the S.P.L. of Kane Street. 3. West Eighth Street from the W.P.L. of Bluff Street to the W.P.L. of the N. 100~- E. 85' of Lot 49 of Corriell's Dubuque, 4. Hill Street from the N.P.L. of Wooten Street to the W.P,L. of West Eighth Street, 5. Julien Dubuque Drive from the N.P.L. of Lot 1 of Loft's Subdivi- sion (Old City Limits) to the Blood Plant Road, 6. West Locust Street from the N.P.L. of Loras Boulevard to the E.P.L, of Hogdon Street, 7. Murphy Park Roadway - Approx- imately 650 feet of Roadway with Adjacent Parking, 8. West Third Street from the W.P.L. of Bluff Street to the E.P.L. of Hill Street, 9. University Avenue from the E.P.L. of Loras Boulevard to the West End of Delhi Street, 10. Valley Street from the W.P.L. of Southern Avenue to the N.P.C. of Mount Loretta Street, 1L Woodland Drive from the N.P.L, of Key Way Drive to the N.P.L, of Dana Drive BE Iq' THEREPORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men ty owners at the tPne of the final consid eraLion of t, his proposed resolution have on file with the City Clerk objections to merits, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the pbms and specifications which have been pre- pared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of mak- ing said improvement will be assessed upon and against all privately owned property lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in propor- tion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax Fund. Street Bonds shall be issued and sold in antici- formed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of April, 1980. 136 Regular Session, April 7. 1980 I been introduced and is now on file in the Approved and placed on file for final action, I City Clerk's office for public inspection. Carolyn Farrell BE IT THEREFORE RESOLVED tha~ 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 approv- al of the Resolution. Seconded by Coun- cil Member Brady. Carried by the follow- lng vote: Yeas-Mayor Farrell. Council Mere bors Brady, Felderman. King Pratt Nays-None. (Fixing date of hearing) RESOLUTION NO. WHEREAS the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. I03-80 given its preliminary ap- proval on the proposed plans, specifica- tions and form of con;ract and placed same on file in the office of the City Clerk for public inspec;mn, for the cons;ruc- tion of the City of Dubuque 1980 Asphalt Paving Project No. 1-- I Blood Plant Road from Julien Du- buque Drive to the Illinois Cen tral Railroad Tracks, 2 Chane:~ Road from the N.P.L, of Kaufmann Avenue to the S.P.L. of Kane Street. 3 West Eighth Street from the W.P.L of Bluff Street to the W.P.L. of the N. 109' - E. 35' of Lot 49 of Corrielrs Dubuque, 4. Hill Street from the N.P.L. of Wnoten Street to the W.P.L. of West Eighth Street. 5. Julicn Dubuque Drive from the N.P.L. of Lot ] of Lott's Subdivi sion (Old City Limits) to the Blood Plant Road. 6. West Locust Street from the N.P.L. of Loras Boulevard to the E.I'.L. of Hogdon Street. 7. Murpby Park Roadway- Approx- imately 650 feet of Roadway with Adjacent Parking, 8. West Third Street from the W,P.L. of Bluff Street to the E.P.L, of Hill Street. 9. University Avenue from the E,P.L. of Loras Boulevard to the West End of Delhi Street. 10, Valley Street from the W.P.L. of Soutbern Avenue to the N.P.L. of Mount Loretta Street. 11. Woodland Drive from the N,P.L. of Key Way Drive to the N.P.L. of Dana Drive. and WHEREAS. the proposed Resolution of Necessity for said improvement has on the 5th day of May, 1980, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assess ment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contrac; and a~ the same time to the boundaries of the pro posed district, to the cost of the improve- menL to the amount proposed to be as- sessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque once each week for two con- secutive weeks, the Bnal publication shall be not less than ten days prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment. they shaII have been deemed ;o have waived all objections thereto, at which hearing the Council will hear such objec- tions and enter on record its final deci- sion thereon, Passed. adopted, and approved this 7th day of April. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pral,t Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved adop non of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas*Mayer Farrell. Council Mem hers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 1~)6-80 NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUFUI~UE, IOWA: Section 1. That the attached sheets. No. 1 to 5 inclusive, are hereby deter mined to be the schedule of proposed as- sessments for the Cit~ofDubuque 1980 Concrete Paving with Integral Curb Project No. 1 -- Walnut Street from the N.P.L. of University Avenue to the S.P.L, of Loras Blvd.. and the valuations set out therein are hereby approved. Regular Session, April 7, 1980 137 ADOPTED, this 7th day of April, 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 Brady, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 107.80 Preliminary Estimate for City of Du~ buque 1980 Concrete Paving with Inte- gral Curb Project No. t - Walnut Street from the N.P.L. of University Avenue to the S.P.L. of Loras Blvd., in the estimated amount of $142,928.00, presented and read. Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feiderman, King, Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO. 108-80 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the of- rice of the City Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the pro~ posed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1980 Asphalt Paving Project No. 1 - Wa]nut Street from the N.P.L. of Un~- versity Avenue to the S.P.L. of Loras Blvd. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the Bnal consld- eration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, 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 pre- )ared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. T hat the cost and expense of mak- ing said improvement will be assessed upon and against all privately owned property lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in propor- tion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax Fund. S£reet Bonds shall be issued and sold in antici- ration of deferred payments of assess ments when a contract has been per formed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess ment district shall be assessed to and paid by the railway company. The above resolution was in[roduccd, approved and ordered placed on file with the City Clerk this 7th day of April, 1980. Approved and placed on file for final action. 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 Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Fixing date of hearing) RESOLUTION NO. 109-80 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu. tion No. 107~80 given its preliminary ap- )reval on the proposed plans, specifici- lions and form of contract and placed same on file in the office of the City Cie v k for public inspection, for the construc- tion of the City of Dubuque 1980 Asphalt Paving Project No. 1- Walnut Street from the N.P.L. of University Avenue to the S.P.L. of Loras Btvd, and WIIEREAS, thc proposed Resolution 138 of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public iuspectiom WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for pubfic inspection, BE IT THEREFORE RESOLVED that on the §th day of May, 1980, a put,lie hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assess. merit for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and al, the same time to the boundaries of thc pro- posed district, to the cost of the improve~ mont. to the amount proposed to be as- sessed against any lot and to the passage of thc proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pubfisbed in some newspaper published in the city of Dubuque, once each week for two con- secutive weeks, the final publication sba be not less than ten days prior to the day fixed for its considcrat on and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objec- tions and enter on record its final deci- sion thereon. Passed, adopted, and approved this 7th day of April. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L, Felderman Michael W. Pratt Conned Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved ap- proval of the Resolution. Seconded by Council Member Brady, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitring a resolution authorizing Com- munity Development Department to file request for release of funds for Radford Road Land Purchase. presented and Council Member Pratt moved that the ,ommumcauon be received ann tiled, Regular Session, April 7, 1980 Seconded by Council Member Folder- man. Carried by the following vote: Yeas-May~r Farrell, Council Mem- bers Brady, ~ elderman, King, Pratt. Nays-None. RESOLUTION NO. 110-80 Authorizing Submission of a Request for Release of Funds forCertaln Com- munity Development Block Grant Pro- jects. , WtIEREAS, the City of Dubuque in conformance with the Environmental Review procedures for the Community Development Block Grant Program con- vened an ad hoc committee on January 24. t980, and completed an Environmen tal Assessment of the following identi fled proposal ~projec; with Community Development Block Grant funds; and Roadford Road Lamt Purchase WHEREAS, pursuant to Resolution No. 29~80, adopted February 4, 1980. Public Notice of a "Findin~ of No Signifi- cant Effect on tb¢ Environment" for the proposal ~projectl was published Febru- ary 5. 1980, in the Dubuque Telegraph Herald, a newspaper of general circula- tion, and provided for a public comment period until 12:00 Noon, Friday, Febru ary 22. 1980; and WHEREAS, Public Notice of a "Find- ing of No Significant Effect on ;he Elavi- ronment' for the proposal (project] was sent by regula~ mail to various Federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate ;o receive such a Public Notice; and WHEREAS, any and ail objections, if any, to such proposals have been duly considered; and WHEREAS,it is thc intent of the City Conncd to authorize the submission o~ a request ~o the U.S. Deparunen; of Hous- ing and Urban Development for release of funds under the said Act to carry out the above identified project; NOW TREREFORE BE IT RESOLV~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ~he Environmental Review Board for the proposal (project) s a I continue m remain on file in the Of- rice of the City Cerk, where sa d records may be examined and copied by any m forested par~y. Socfioll 2. Tllat the Mayor of the City of Dubuque is hereby authorized and di- rected to su bml~t to the U.S. Department of Housing and Urban Development five (5) days after receipt of approved Appli- cation, a request for release of funds to undertake ~he said Project. Senflon 3. That the Mayor of the City of Dubuque is hereby authorized to con- sen~ to assume the status of a respon Regular Session, April 7, 1980 139 sible Federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development's responsibilities for review, decision-making, and action as~ sumed and carried out by the City of Da buque as to ~nvironmental issues. Section d. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in her official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environ- mental reviews, decision-making and ac- tion. Section 5, That the Mayor of the City of Dubuque be and she is hereby author izod and directed to execute a Certifica tion pertaining to the environmental re view procedures. Seeflon 6. That the City Clerk be and he is hereby authorized and directed to publish a Public Notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted, and approved this 7th day of April, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to the Environmental Re- view Procedures for the Community De- velopment Block Grant Program, the City of Dubuque intends to file a request five (5) days after receipt from HUD of approved application for FY 1979 Block Grant Funds. Radford Road Land Purchase. The City of Dubuque has made an En~ vironmental Review Record for the pro- ject, and has placed this record on file in the Office of the City Clerk in City Hall, 13th and Central Avenue, Dubuque, Iowa, where said record may be examin- ed and copied between the hours of 8:00 A~M. and 5:00 P.M,, Monday through Friday until 5:00 P.M. on the 30th day,of June, 1980. The name of the applicant is the City of Dubuque, Iowa, and the Chief Exeeu tire Officer of the applicant is Carolyn Farre]l, BVM. The mailing address for both the applicant and the Chief E×ecu- rive Officer is City Hall, 13th and Central Avenue, Dubuque, Iowa. The City of Dubuque will undertake the project described above with Block Grant Funds from the U.S. Department of Housing and Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Care lyn Farrell, BVM, in her official capacity as Mayor, consent to accept the jurisdic- tion of Federal Courts if an action is brought to enforce responsibilities in re latlon to environmental reviews, deci sion-making, and action; and that these responsibilities have been satisfied. The legal effect of the Certification is that upon its approval the City of Dubuque may use the Block Grant Funds and HUD will have satisfied its responsibili ties under the National Environmental Policy Act of 1969. HUD will accept an objection to its approval of tile releas( of process. Ot>jections must be prepared ed by HUD. No objection received after 140 Regular Session, April 7; 1980 Council Member Felderman. Carried by the following vote: Yeas-Mayor FarrelL Conn¢il Mere hers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 111-80 Authorizing Publlcafion of Notice of Availability for Public Inspection Car. Lain Community Development Block Grant Documents. WHEREAS, under date of March 27, 1980, an Amendment to the Fifth Year Community Development Block Grant Agreement was received by the U.S. De- partment of Housing and Urban Devel~ opment for processing; and WHEREAS, Section 570,800 (b) of the Community Development Block Grant Program requires that reasonable effort shall be made to inform citizens involved in or affected by the local Community Development Program tbat the Amend- ment has been submitted and is avail- able to interested parties upon request; and WHEREAS, Section 570.906 (c) re- quires that there be public notice of the avaibtbility of thc Amendment to the Fifth Year Community Development Block Grant Application for inspection by the public; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Be it resolved that thy City Clerk be and he is hereby authorized and directed to publish in the Dubuque Tale graph Herald. a newspaper of general circulation within the City, public notice in the form of Exhibit "A" attacbed here to and made a part hereof. Passed. adopted, and approved this 7th day of April, 1980 Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommeit City Clerl~ PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974. the City of Dubuque submitted an Amendment to the Fifth Year Commu nity Development Block Grant Agree- ment. The Application was accepted for processing on March 27 1980 by the De- partment of ttousing and Urban Devel- opment. Pursuant to Section 570.9(16 lc) of the Community Development Block Grant Program, a copy of the Amendment is on file in the office of the City Clerk, City Hall, Dubuque, Iowa, and at the Depart Sundays and bolidays excluded. Council Member Felderman. Carried by RESOLUTION NO. 112.80 Authorizing Publication of Notice of Availability for Public Inspection Cer- tain Community Development Block Development Block Gran~ Application WHEREAS, Section 570.300 (b) of the Community Development Block Grant ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: ATTEST: Regular Session, April 7, 1980 141 PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974, the City ut Dubuque submitted an Ap- plicaUon for a Sixth Year Community Development Block Grant to the U.S. Department of Housing and Urban Development. The Application was accepted for processing on March 27, 1980. A copy of the Application is on file in the office of the City Clerk, City Hall, Dubuque, Iowa, and at the Department of Community Development, 480 Fis- cher Building, Dubuque, Iowa. The Ap- plication is available for inspection by all interested parties, Monday through Fri- day between the hours of 8:00 A.M. to 5:00 P.M., Saturdays, Sundays and holidays exeluded~ Leo F. Frommelt City Clerk It 4/8 Council Member King moved adop Lion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re~ questing to fill Data Processing Pro- grammer, Analyst position two months early, presented and read. Council Member Pratt moved that the communication be received and filed and request approved. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Vendors for Receipt of Proposals f~r Data Proces- sing, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas. Mayor Farrell, Cou~ciI Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub, mitring computer evaluation and recom- mendation requesting Council approval and authorizing manager to enter into an agreement with Burroughs Corp., pre- sented and read. Council Member Pratt moved that the recommendation beapproved. Seconded by Council Member Brady, Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- commending acceptance of Water Main Construction of Fremont and Cedar Cross Road, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Final Eutimate) RESOLUTION NO, 113-80 WHEREAS, the contract for the con- struction of water main on Fremont Avenue and Cedar Cross Road has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti mates, notices, inspection, and prepar- lng the assessment and plat, NOW TItEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the cost of said improvement is hereby determined to be $80,207.95. That none of the cost thereof shall be assessable upon private property and $80,207,95 shall be paid from the Water Dept, Improvement Fund of the City of Dubuque. Passed, adopted, and approved this 7th day of April, 1980. Carolyn Farre]l 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 Mem- bers Brady, Felderman, King, Pratt. Nays None. (A Resolution Accepting Improvement) RESOLUTION NO. 114.80 WHEREAS, the contract for the con- struction of water main on Fremont Avenue and Cedar Cross Road has been completed and the City Manager has ex- amined tbe work and filed his certificate stating that the same has been com- pleted according to the terms of the con- tract, plans and specifications and re- commends its acceptance, NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tbe recommendation of the City Manager be approved and that said ira- 142 Regular Session. April 7. 1980 Orovement be and the same is hereby ac- cepted, BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Water Departmenl Improvement Fund in vided for therein Passed. adopted, and approved this 7th day of April, 1980. Carolyn Farrel] 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 following vote: Yeas-Mayor FarreIl. Council Mem- bers Brady, Felderman. King, Pratt Nays-None, Communication of City Manager sub- mitting information requested by the Council. relative to Northrange Indus- trial Park Water Main as to specification of the piping system, PSI etc., presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager sub- mitti~ag Warranty Deeds for J .F .K. Road widening IJoim A. & Esther Link pro- per~yh presented and read. that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None~ RESOLUTION NO. 115.80 WHEREAS. the City of Dubuque, Iowa has acquired the rea] estate herein- after described from John A. Link and Esther M. Link: and TFM Co,. formerly known as Thompson's Food Markets. WHEREAS. said persons havedellw estate to the City of Dubuque. Iowa. de- scribed as: Lot 2 of Lot 1 of Lot I of the East 291.8 feetof Lot 2 of Lot 2 of the SE A of the SE A of Section 21, T89N, R2E of the 5th P.M. in the City of Dubu- que, as shown on the attached plat Exhi bit "A": and WHEREAS. said delivery of deeds dated November 16 and November 21, 1979 by said persons to the City of Du- buque, Iowa should be accepted; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section ' That the delivery of War- ran~y Deeds by John A. Link and Esther M. Link: and TFM Co.. formerly known as Thompson's Food Markets. dated No- vember 16 and November 2I. 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 this Resolution. Section 3. 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 Dubuque County Auditor. Passed. adopted, and approved this 7th day of April. 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 vote: Yeas-Mayor FarrelI. Council Mem~ bets Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager sub- mitting Engineering Services Agree- men[ for Water Well No. 10 and submit- ting a resolution authorizing an agree- ment for engineering serwces, presem- ed and read. Council Member King moved that the communication be received and filed, Seconded by Council Member Pratt. Carried by the following vole: Yeas-~ayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 116-80 Resolution Authorizing the City Man- ager to Execute Engineering Service Agreement for Engineerin9 Services in the Design of Water Well No. 10. WHEREAS the Fiscal Year 1981-1985 Capital Improvements Pro Regular Session, April 7, 1980 143 gram Budget schedules the construction of a well in Fiscal Year 1981 at a cost of $66,000; and WHEREAS, the City Council, on March 11, 1980, adopted the Fiscal Year 1981 budget which appropriated the $66,000 for the construction of this new well; and WHEREAS, the City of Dubuque now operates five shallow wells, four of these wells constructed in 1956 and one con- structed in 1969, in addition to four deep wells used for standby purposes; and WHEREAS, there has been some evi- dence of degradation of the existing shallow wells; and WHEREAS, good management prac- tices would dictate the advisability of having well capacity equal to or greater than the treatment capacity of the water plant; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to sign an engineering agree~ merit with Cnllen, Kilby, Carolan and Associates, Dubuque, Iowa for a con- tract amount of $8,200. Passed, adopted, and approved this 7th day of April, 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. Communication of City Manager re- questing authority to enter into an agreement with CPA firm of Helle-KIos- terman to undertake city audits ending June 30,1980 and June 30,1981, present- ed and read. Council Member Pratt moved that the request be approved. Seconded by Coun- cil Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Frieda Luther sub- mitting her resignation as a member of the Civil Service Commission and G. L. Kopischke Submitting his resignation as a member of the Airport Commission, presented and read, Council Member Brady moved that the communications be received and filed and resignations accepted with re- gret. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of League of Iowa Municipalities relative to Senate Joint ResoIution 2001-Constltutional Spend- ing Limit Proposal, 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 Mere bets Brady, Felderman, King, Pratt. Nays-None. RESOLU finn NO. 117-80 Opposing the Passage of Senate Joint Resolution 2001 by fhe Iowa General Assembly. WftEREAS, Senate Joint Resolntion 2001, also known as tile ConstiLuLional Spending Limit Proposal, is under con sideration by the Iowa Senate Ways and Means Committee; and WHEREAS, the Constitutional Spemb lng Limit Proposal is directly opposed and contrary to the spirit of the constitu- tional amendments that granted cities local home rule; and WHEREAS, the Constitutional Spend- ing Limit Proposal precludes local deter- mination in addressing and responding to particular economic and capital im- provement programs; and WHEREAS, local governments are capable of providing prudent fiscal management in controlling taxes; and WHEREAS, the Constitutional Spend- ing Limit Proposal preempts local offi- cials from exercising judgment in repre- sentative government; and WHEREAS, the Constitutional Spend- ing Limit Proposal does not assist local governments to meet inflation and creasing costs in maintaining needed services; and WHEREAS, the Constitutional Spend- ing IAmlt Proposal may jeopardize fed- eral financial assistance in the areas of maintenance of efforts and meeting fed- eral mandates; and WHEREAS, the local Constitutional Spending Limit Proposal is deemed not to be in the best interest of the City of Dubuque; NOW THEREFORE BE 1T RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby goes on record as opposed to Senate Joint Reso~ lution 2001, also known as the Constitu- tional Spending Limit Proposal. 144 Section 2. That the City Clerk be and is hereby authorized and directed to for~ ward certified copies of this resolution to area State legislators and to the mem- bers of the State Senate Ways and Means Committee. Passed, adopted, and approved this 7th day of April, 1980. Carolyn Farre[I 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. Approval of transfer of Dubuque Jay- cees Beer Permit from 1023% Main St, to Town Clock Square on April t3, 1980, presented and read. Council Member King moved that the transfer be approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldcrman, King, Pratt. Nays-None. RESOLUTION NO. 118.80 BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF DUBU~ QUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes and Cigarette Papers within said City. Inns of Iowa, Ltd. Dubuque- 3434 Dodge Street. Passed~ adopted, and approved this 7th day of April, 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 Farrcll, Council Mem- bers Brady, Felderman, King, Pratt. Nays:None. A Request from K C & S Co., Inc. for Regular Session, April 7, 1980 Cigarette License at 4th & Main Streets was presented and read· Council Member Pratt moved tbat the request be approved. MOTION DIED FOR LACK OF A SECOND. RESOLUTION NO. 119.80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined anti approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the State Law and ail City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY TIlE 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. :LASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Knights of Columbus Council #510 Also Sunday Sales) - 781 Locust St. leannine A. Kersch (Also Sunday Sales) -- 1555 Central Ave. Passed, adopted, and approved this 7ti~ day of April, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members kTTEST: Leo F. Frommelt City Clerk Council Member King moved adop- tlon of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 120-80 WHEREAS, Applications for Beer Permits have been submitted and filed o this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be ecru- fled by such applicants were inspected md found t0~omp!y with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause ~o be issued to the following named applicants a Beer Permit. CLASS "S" SEER PERMIT Dubuqae Jaycees (Sunday Sales Only) - 1023th Main St. Regular Session, April 7, 1980 145 Passed, adopted, and approved this 7th day of April, 1980. Carolyn Farrell Mayor James E, Brady D, Michael King John L. Felderman Michael W. Pratt Counell Members ATTEST: Leo F. Frommelt City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the folIowing vote: Yeas-Mayor Farrell, Council Mom bets Brady, Felderman, King, Pratt. Nays-None. Communleation of Peoples Natural Gas advising of name change of North- ern Natural Oas Co. to InterNorth Inc., 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 Secretary of Trans- portation submitting a copy of proposed regulations on the movement of hazar- dous materials and encouraging partici- pation in the rulemaking process, pre- sented and read. Council Member Pratt moved that the communication be received and filed and Mayor authorized to send appropriate letter expressing displeasure for dates of public hearings. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farre}l, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. . Communication of Interstate Power Co. advising of filing rate schedules with the Commission to implement the balance of the full request covering in- terim rates effective April 28th, 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 Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Copy of Communication, by Russell Nash to Nate Ruben, Regional Office of HUD, indicating that the llth St. Neigh- borhood is not receiving the revitaliza; · tion assistance that was allocated in the budgets submitted to your office (HUD) because of city failure to carry out their stated purposes, presented and read. Council Member King moved that the communication be referred to Council. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman~ King, Pratt. Nays-None. Decision of Hearing Board of Liquor Control Department affirming denial and upholding decision of Council deny- ing application for a Class "C" Liquor License to Ebenezer Inc, at 304 Main presented and read. Council Member King moved that the decision be received and filed. Seconded by Council Member Felderman. Carried by the following vo~e: Yeas Mayor Farrell, Council Mere bets Brady, Felderman, King, Pratt. Nays None. Communication of State of Iowa DEQ advising of issuance of construction per mits for sanitary sewer and water main extensions for Clarke Crest Estates, presented and read. Council Member King moved that the communication be received and filed and referred to affected departments. Sec ended by Council Member Feldermam Carried by the following vote: Yeas Mayor Farrell, Council Mere bets Brady, Felderman, King, Pratt. Nays-None. MINUTES SUBMITTED -- Recrea- tion Commission of 3-17; Keyline Earn- ing Statement for February, 1980; Elec- trical Examining Board for 3-18; Plumb- ing Board for 3-24; Transit Trustee Authority of 3-13; Airport Commission of 3-13; Dock Board of 2-14 & 3-19; and P & Z of 3-17, presented and read. Council Member Felderman moved that the minutes be received and filed, Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Corporation Coun- sel recommending denial of automobile claim of Brian D. Kohn, no negligence on the part of the City, presented and read. Council Member Feiderman moved that the recommendation of denial be ap- proved. Seconded by Council Me~nber Brady. Carried by the following vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Notice of Claim of Marita Hanover, in an undetermined amount, for personal injuries received in a fall at the north~ west corner of intersection of 15th & Jackson Streets; Notice of claim of Mark W. Hennessy, in the amount of $33.80, for personal injuries incurred at the City 146 Regular Session. April 7. 1980 Pool on Loras College Campus on 3-5~80, presented and read. Council Member Felderman moved thai thc Notices of Claims be referred to Corporation Counsel. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Couacil Mem~ bors Brady, Feldermam King, Pratt. Nays-None. Communication of City Manager sub- mitting monthly reports of the Treasur- er. Finance Director. also list of claims [or February, 1980, presented and read. Council Member Feldcrman moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Peiderman, King, Pratt. Nays-None. Proof of Publication, certified to hy the Publisher, of Statement ef Receipts and Disbursements for month of Febru ary, 1980, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the folluwing w~te: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman. King, Pratt. Nays-None. There being no further business, Council Member Pratt moved to ad journ. Seconded by Council Member Fei- derman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratl Nays None. Leo F. Frommelt City Clerk Approved ...................... 1980 Adopted ..................... 1980 Conneil Members ATTEST: City Clerk Special Session, April 9, 1980 CITY COUNCIL OFFICIAl. Special Session, April 9, 1980. Council met at 6:00 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 THE POSITION OF CITY CLERK. The following applicants were inter- viewed for the position of City Clerk: Mary A, Davis, Martin D. Conby and Jo- seph A. Stieber. Council Member Brady moved to write the name of the first choice for City Clerk and Council Member's name on a piece of paper; the Mayor will an- nounee the name and number of votes. Seconded by Council Member Folder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Council Member Brady moved that Mary A. Davis be appointed City Clerk, with a salary of $22,500 effective May 1, 1980, Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman, King, Pratt. Nays-None. There being no further business, Council Member Felderman moved to adjourn, Seconded by Council Member Pratt, Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Leo F, Frommelt City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk 147 148 CITY COUNCIL OFFICIAL Special Session. April 21, 1980. Council met at 7:30 P.M. (C.S.T.I 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 put pose of CONSIDERIN U, ADOPTION OF ~ RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR LOAN GUARANTEE FOR RAD- FORD ROAD INDUSTRIAL LAND ACQUISITION and acting upon such other business as may properly coane before a Regular Meeting of the City Council. Proclamations proclaiming week of Ma~ 11 to 17th as "Itistoric Preservation Week." week of May 11 to 17th as "Kiss Your Baby Week," May 19 thru 23rd as "Insurance Women's Week." April 29th as "Day of Prayer and Repentance" and Month of May as "ABWA Scholarship Month" were read and so proclaimed by Mayor Farrell. Jim Rooks of E.B. Lyons Nature Con- Center. Communication of HUD submitting Seetlon 8 Preliminary Proposal for con- structior of 48-2BR ttousing Units and 24-3BR Housing Units for Raven Oaks Apartments, presented and read. Council Member King moved that the communication be receive(~ and filed and application approved. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell Council Mem. bors Brady, Felderman. King, Pratl Nays*None. Communication of HUD submitting Section ] Preliminary proposal for con~ struction ~f 24-2BR Walkup type hous- ing; 24~3BR Townhouse: 2-4BR Town- house housing units for Windsor Park Council Member Pratt moved to sus dress the Council if they so desire. Sec- onded by Conncil Member Feblerman. Carried by the following vote: Yeas-Mayor Farrell. Council Mom bors Brady, Felderman. King, Pratt. Nays-None. Walter Eschen of Stonehill objected to the proposal stating a fear of more children being in the area and there was no extra playground area for them: Have no objection to subsidy housing but was Special Session. April 21. 1980 of opinion this was not the proper plaice for same, Council Member King moved that thc communication of HUD be received and filed and proposal approved. Seconded by Council Member Pratt Uarried by the following vote: Yeas~Mayor Farrclb Council Mem- bers Felderman. King, Pratt Nays~Couucil Member Brady. Communication of June E. Strueber objecting tn proposal made by Alan Israel to develop Iow4ncome housing units a~ Windsor Ave.. presented and read. Council Member King moved that the communication be received and filed Seconded by Council Member Pratt, Carried by the following vo~e: Yeas~Mayor Farrell. Council Mom bors Brady, Felderman, King, Pratt. Nays-None. June Strueber voiced her opmion relative to the proposed Windsor Park development indicating a grea~ concern as to the Traffic problem. She also stated that there are no stores in the area and no place for children to play. Petition of Paul Strueber et al (§8 sign- ers) objecting ~o the proposed develop- ment of Windsor Park Apartments, pre- sented and read. Council Member King moved that the petition be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication el City Manager re- commanding denial of curb eu~ petition as submitted by Dubuque Community School D'strlct, presented and read. Council Member Felderman moved that the commumcation be received and filed. Seconded by Council Member Pratt. Carried by the following veto: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman. King, Pratt. Nays-None. Communication el Atty. Carew re- questing to be heard to speak in favor of request submitted by the Dubuque Com- munity School Dlstric~ reIative m pro~ posed curb cut, presented and read. Atty. AI]an Carew spoke to the Coun- cil and requested curb cut be allowed: Advised it would cos~ $1700 more if c~ange must be made; will erect a s~oD mgm Council Member Fdderman moved that the communication be received and filed and accept curb rui petition as sub~ mitted by Dubuque Community School District. Seconded by Council Member Pratt. Carried by the following vo~e: Special Session, April 21, 1980 Yeas-Council Members Brady, Fei- derman, Pratt. Nays-Mayor Farrell, Council Member King. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing Re: Fy 1981 Operating and Capital Assistance for Keyline Operations, pre- sented and read, No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Conncil Mem- bers Brady, Felderman, King, Pratt, Nays-None. Communication AND Dock Board Resolution submitting Ordinance prohi- biting swimming, ice skating and/or ice fishing in certain areas under Dock Com- mission jurisidiction presented and read. Council Member Brady moved that the communication and resolution be re- ceived and filed. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 28.80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING A NEW SECTION 26-125 TO DIVISION I OF ARTICLE VI THEREOF TO PROHI. BIT SWIMMING OR ICE SKATING IN THE AREAS HEREINAFTER DESIG. NATED UNDER THE JURISDICTION OF THE BOARD OF DOCK COMMIS. SIONERS OF THE CITY OF DUBU- QUE, IOWA AND PROVIDING FOR PENALTY FOR VIOLATION HEREOF, pre~ented and read, Council Member Brady moved that the reading just had be considered the first reading of the ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman, King, Pratt. Nays-None, Council Member Brady 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 Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. 149 ORDINANCE NO. 28-80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES OFTHE CITY OF DUBUQUE, I~O_WA B~Y ENACTING A NEW SECTION 26.125 TO DIVISION I OF ARTICLE VI THEREOF TO PROHI. BIT SWIMMING OR ICE SKATING IN THE AREAS HEREINAFTER DESIG. NATED UNDER THE JURISDICTION OF THE BOARD OF DOCK COMMIS. SIONERS OF THE CITY OF DUBu. QUE, IOWA AND PROVIDING FOR PENALTY FOR VIOLATION THERE. OF. 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 and the same is hereby a~,ended by adding a new Section 26-125 to Division ! orA rtl. cie VI thereof to read as follows: ARTICLE VL Di~i~io~ L Sec. 26-125. (a) Swimming or ice skating is prohi- bited in or on the following areas under the jurisdiction of the Boarder Dock Commissioners in and for the City of Dubuque, [owa~ to-wit: 1. Dubuque Marina Harbor, Area ~. Bissell Harbor, Area "C", 3. Schmitt Harbor, Area "C", 4. Dove Harbor, 7th Street Area, 5. Dubuque Municipal Ice Harbor. (b) Swimming or ice skating is prohi- bited within five hundred [500) feet of Schmitt Harbor Boat Ramp and Hawthorne Street Boat Ramp. (C) Any person violating the provi- sions hereof shall be deemed guilty of a misdemeanor and shall be pun- ished by aline not to exceed one hu~l- dred dollars f$100. 00) or be impris on- ed for a period not to exceed thirty [30] days. ' Section 2. That the Board of Dock Commissioners in and for the City of Du buque, Iowa shall install appropriate warning signs warning of the prohibi tion herein contained. Passed, adopted; and approved this 21st day of April, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Leo F. Frommelt City Clerk 150 Special Session. April 21. 1980 Published officially in the Telegraph Herald Newspaper this 25th day of April, 1980 Leo F, Frommelt It 4/25 City Clerk Council Member Brady moved final adoption of the Ordinance AS AMEND- ED. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager sub- mitting Resolution covering adoption and approval of Code Supplement No. 6. presented and read, Council Member Pratt moved that the communication be received and filed~ Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem~ bets BEnny, Felderman. King, Pratt. Nays~None. RESOLUTION NO. 121.80 WHEREAS, under date of November 1. 1976. the City Council of the City of Dubuque. Iowa~ pursuant to Ordinance 55-76. and after a public hearing, adopt- ed a Code of Ordinances of the City of Dubuque, Iowa: and WHEREAS. since September 15. 1975. tile City Council of the City of Du- buque. Iowa. has adopted certain ordi- nances amending the Code of Ordinanc- es and said amendments have been printed from time Lo time as supple- ments to the Code of Ordinances: and WHEREAS. Sectkm 380.8 of the 1979 Code of Iowa provides that the supple- menLs, by resolution, become part of the Code of Ordinances: NOW TItEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That supplement no. 5 to the Code of Ordinances. City of Dubu- que. Iowa. covering the period of Decem~ bet 19,1978 through June 18,1979. print- ed by the Municipal Code Corporauon, Tallahassee. Florida. heretofore filed in the office of the City Clerk of the City of Dubuque. Iowa be and it is hereby adopt- ed as of March, 1979. and becomes part of the Code of Ordinances of the City of Du- buque. Iowa. Passed. adopted, and approved this 21st day of April 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 Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Planning & Zoning Commission submitting final plat and questing approval of Robert Dorothy plat at 100 Julien Dubuque Drive. pre- sented 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- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 122,80 A Resolution Approving the Plat of the Subdivision of Lot 2 of 2 ut I of I of 2 of Mineral Lot 14 in the City of Dubuque, Iowa. WHEREAS. there has been filed with the City Clerk, a plat of the Subdivision of Lot 2 of 2 of 1 of 1 of 2 of Mineral Lot 14 in the City of Dubuque. 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 the City Council finds that the same conforms to statutes and ordinances relating there- NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the plat of the Subdi- vision of Lot 2 of 2 of I of 1 of 2 of Mineral Lot 14 in the City of Dubuque. Iowa. be and the same ~s hereby approved, and the Mayor and City Clerk are hereby au- thorized and directed to endorse the ap- proval of the City of Dubuque. Iowa. upon said plat. Passed, adopted, and approved this 21st day of April. t980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pra~ Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by ~he following vote: Yeas-Mayor Farrell. Council Mem. bets Brady, Felderman. King, Pratt. Nays-None. Special Session, April 21, 1980 151 Communication of City Manager sub- mitting a resolution authorizing submis- sion of request for release of funds for Community Development Block Grant Projects covering 8 projects, presented and read. Council Member Pratt moved that the communication be received and filed, Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 123.80 Authorlz!ng Submission of a Request for Release of Funds for Certain Com. munlty Development Block Grant Pro- jects, WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program con~ vened an ad hoc committee on July 14, 1976, and completed an Environmental Assessment of the following identified proposal (project) with Community De- velopment Block Grant funds; and Miscellaneous Public Improvements including Street, Alley, Curb Repair and Replacement WHEREAS, pursuant to Resolution No. 246-76 adopted July 19, 1976, Public Notice of a "Finding of No Significant E f- feet on the Environment" for the propo- sal (project) was published July 20,1976, in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Monday, August 16, 1976; and WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program con- vened an ad hoe committee on March 4, 1976, and completed an Environmental Assessment of the following proposal (prOject) with Community Development Block Grant funds; and Removal of Architectural Barriers which impede the mobility of the elderly and handicapped WHEREAS, pursuant to Resolution No. 182-76 adopted May 24, 1976, Public Notice of a "Finding of No Significant El- fect on the Environment" for the propo- sal (project) was published May 25, 1976, in the Dubuque Telegraph Herald~ a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Wednesday, June 18, 1976; and WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program ¢on- vened an ad hoc committee on June 23, 1976, and completed an Environmental Assessment of the following proposals (projects) with Community Develop- ment Block Grant funds; and Rehabilitation Loan & Grant Program in Community Development Project Areas Emergency Home Repair in Community Development project Areas Tool Lending Library sponsored by Washington Tool Library, Inc., a non-profit corporation Acquisition/Rehabilitation/ Demolition Projects Relocation WHEREAS, pursuant to Resolution No. 240-76 adopted July 6, 1976, Public Notice of a "Finding of No Significant EL feet on the Environment" for the pro- posals (projects) was published July 7, 1976, in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Friday, July 30, 1976; and WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program con- veiled an ad hoc committee on June 12, 1978, and completed an Environmental Assessment of the following proposal (project) with Community Development Block Grant funds; and Code Enforcement WHEREAS, pursuant to Resolution No. 210-78 adopted June 19, 1978, Public Notice of a "Finding of No Significant Ef- fect on the Environment" for the propo- sal (project) was pubfished June 20,1978, in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Friday, July 7, 1978. WHEREAS; Public Notice of a "Find- ing of No Significant Effect on the Envi- ronment'' for the proposals (projects) was sent by regular mail to various fed- eral, state and local public agencies and to the local news media, individuals and groups known to be interested and be- lieved to be appropriate to receive such a Public Notice; and WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Hous- ing and Urban Development for the re- lease of funds under the said Act to carry out the above identified projects: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 152 Special Session April21, 1980 Section 1. That the Environmental Review Record for each of the proposals (projectsl shall continue to remain on file in the Office of the City Clerk, where said records may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and di- rected to submit to the U.S. Department of Housing and Urban Development five (5) days after receipt from HUD of ap- proved application for FY 1980 Block Grant Funds, a request for release of funds to undertake the said projects, Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a respon- sible Federal official under the National Environmental Protection Act, insofar as the provisions of the said Act ap ply to the U.S. Department of Rousing and Ur- ban Development's responsibilities for review, decisiowmaking, and actkm as- sumed and carried out by the City of buque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to eon- sent personally, in her official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environ- mental reviews~ decision-making and ac- Section 5. That the Mayor of thc City of Dubuque be and she is hereby author- ized and directed to execute a certifica~ tion pertaining to the envb'omnental re- view procedures. Section 6. That the City Clerk be and he is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed. adopted, and approved this 21st day of April. 1980~ Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Council Members Leo F. Fromme]t City Clerk Public Notice Pursuant to the Environmental Review Procedures for the Community Develop- ment Block Grant Program, the City of Dubuque intends to file a request five (5) days aRer receipt from HUD of approw ed application for FY 1980 Block Grant Funds. i Miscellaneous Public Improve- merits including Street, Alley, Curb Re- pair 2 - Removal of Architectural Bar- riers which impede the mobility of the elderly and handicapped 3 - Rehabilitation Loan & Grant Pro- gram in Community Development Pro- ject Areas 4 -- Emergency Itome Repair in Com- munity Development Project Areas 5 -- Tool Lending Library sponsored by Washington Tool Library, Inc,, a non- profit corporation 6 - Acquisition/Rehabilitation]Dem- olition Projects 7 -- Relocation 8 -- Code Enforcement. The City of Dubuque has made an En- vironmental Review Record for the pro- jects, and has placed these records on file in the Office of the City Clerk in City Hall, ]3th and Central Avenue, Dubu- ~e, Iowa, where said records may be ex- amined and copied between the hours of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM on the 30th day of June, 1980. The name of the applicant is the City of Dubuque, Iowa, and the Chief Execu~ rive Officer of the applicant is Mayor Carolyn Farrell, BVM. The mailing ad- dress for both the applicant and the Chief Executive Officer is City Hall. 13th and Central Avenue. Dubuque, Iowa. The City of Dubuque will undertake the projects described above with Block Grant Funds from the U.S. Department of Housing and Urban Development (HUD). under Title I of the Housing and Community Developmen~ Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Caro- lyn Farrell. BVM, in her official capacity as Mayor. consent to accept the jurisdic~ tion of Federal Courts if an action is brought to enforce responsibilities in re- lation to environmental reviews, deci- sion-making, and action: and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the Block Grant Funds and HUD will have satisfied its responslbifi- ~ms under the National Environmental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: (a) That the certification was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD: or lb) That applicant's environ- mental review record for the project in- dicates omission of a required decision. finding, or step applicable to the project in the environmental review process. Objections must be prepared and sub- mitted in accordance with the required Special Session, April 21, 1980 153 procedure (24 cfr Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the re~ lease of funds on bases other than those stated above will not be considered by HUD. No objection received after the 30th day of June, 1980, will be consider- ed by HUD. Comments may be submitted to the City of Dubuque until 12:00 Noon, Fri- day, May 23, 1980, addressed to Carolyn Farrell, BVM, Mayor of the City of Du- buque, City Hall, 13th and Central Ave- nue, Dubuque, Iowa 52001. Dated and published April 22, 1980. Leo F. Frommelt City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. Communication of HRW requesting extension of six months or until Decem- ber 3, 1980 the time by which Final De- velopment Plan is submitted and that the reclassification of the property re main as C-6 Planned Commercial Dis- trict and that the developer be granted an opportunity to appear before the Council, presented and read, Council Member Pratt moved that the communication be deferred to the next Council Meeting. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. Communication of City Manager sub- mitting resolution authorizing applica- tion for a Community Development Block Grant Loan Guarantee for Rad~ ford Road Industrial Land Acquisition, presented and read. Councfi Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 124-80 Authorizing the Filing of an Applica- tion for Loan Guarantee for Radford Road Industrial Land Acquisition. WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974 to certain Community Development Block Grant Funds; and WHEREAS, under date of March 11, 1980 the Council of the City of Dubuque adopted a sigth year Community Devel- opment Block Grant Budget providing initial funding for Radford Road Indus- trial Land Acquisition; and WHEREAS, under date of January 22, 1980, the Council of the City of Dubu- que adopted Resolution No. 13-80 direct- ing the City Manager and Corporation Counsel to institute appropriate pro- ceedings for the Acquisition of Proper- ty, in order to secure industrial develop- ment sites and rights-of-way for appur~ tenant utilities and access roadways; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Manager be and they are hereby author~ ized and directed to file an Application for Loan Guarantee in compliance with Subpart M, Section 108 of the Block Grant regulations as described in 24 CFR 570,312. Passed, adopted, and approved this 21st day of April, 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 Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Eelderman, King, Pratt. Nays-None. Petition of Keith Hefel of Buenie Soft- ball Team requesting permission to roll an empty keg from Buena Vista to Dubu- que down Central Ave. to East 4th thence to Picketts Brewery to raise money for Cystic Fibrosis, on Saturday, April 26th, presented and read. Council Member King moved that the petition be approved and referred to the City Manager for implementation. Sec- onded by Council Member Felderman. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 125-80 WHEREAS, there presently exists a vacancy in the office of the City Clerk of the City of Dubuque, Iowa by reason of the resignation of the present City Clerk; and WHEREAS, such vacancy should be filled. NOW THEREFORE BE IT RESOLV~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 154 Special Session, April 21, 1980 Snctlon 1, That Mary A. Davis be and she is hereby appointed City Clerk of the City of Dubuque, Iowa and the effective date of her appointment shall be the 1st day of May, 1980 and that her salary shall be fixed by the City Council and that she shall be covered by the City blanket fidelity bond in the principal amount of $5,000.00. Passed, adopted, and approved this 21st day of April, 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 as Amended. Sec- onded by Council Member Brady. Car~ tied by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None, Communication of Planning & Zoning advising of approval of zoning reclassifi- cation from AG Agricultural to C-3 Ar- terial Business Commercial District Schilz Development. limited to 550 feet north of southerly properly line, pre- sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Feider- man. Carried by the following vote: Yeas*Mayor Farrell, Council Mem~ bets Brady, Felderman, Ring, Pratt. Nays-None. An Ordinance of the City of Dubuque, Iowa. providing that the Code of Ordi- nances. City of Dubuque, Iowa be amended by rewsing Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying property describ- ed as "The southerly five-hundred and fifty (5501 [ee~ of Lot 1 of North West '/4 of South West % Section 28 T89N R2E of the 5th P.M., located north of U.S. Highway 20 from AG Agricultural Dis- trier to C-3 Arterial BusinessICommer- cial District, presented and read Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers 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 meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem bets Brady, Felderman, King, Pratt. Nays-None, Council Member Pratt moved that a public hearing be held on the Ordinance on May 19, 1980, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of tbe hearing in the man- ner required by law. Seconded by Coun- cil Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bei's Brady, Felderman, King, Pratt. Nays-None, Communication of City Manager re- commending denial of petition of Clem Hayes for vacating a portion of Elbow Street, failure to get consent of the abut- ters, was presented and City Manager requested communication be referred back to him. NO MOTION MADE. Communication of City Manager re- commending denial of the petition of Calista Steger for the vacation of por- tions of Ethel & University Streets and an abutting alley, unable to reach agree- ment on amount for purchase, presented and read. Mrs. Calista Steger spoke to the Coun- cil and presented a petition from the abutting property owners showing no objection to the vacation. Council Member Brady moved that the vacation be approved and Manager be directed to accept offer of $800.00 for all land in question. MOTION DIED FOR LACK OF A SECOND. Council Member Pratt moved that the sale of land be approved for $700.00 and referred for proper proceedings. Sec- onded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None, Communication of Jack Rhomberg submitting a gift of parcel of land on the east side of Hill St.. south of 8th St.. and north of City Steps that link Hill St. ~o W. 7th St.. (legal description is: Lot 1 of Lot 02 of"Coriell's Dubuque" and Lots 1 to 14. inclusive in Hill Street Additionl. presented and read. Council Member Pratt moved that the communication be referred to the City Manager. Seconded by Council Member King. Carried by the following ye;e: Yeas-Mayor Farrell. Council Mem- hers Brady, Felderman. King, Pratt Nays-None. RESOLUTION NO. 126-80 WHEREAS, Applications for Beer Special Session, April 21, 1980 155 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 THEREFORE BE IT RESOLV* ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, I0WA: That the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "Bi' BEER PERMIT Resurrection Men's Service Chlb (Also Sunday Sales) - McAleece Fields. CLASS "C" BEER PERMIT Astgen's Foods Ltd. (Also Sunday Sales) - 1101 Hhomberg Ave. Kay-Way Inc. (Also Sunday Sales) - 250 West 1st St. Leonard Oil Company (Also Sunday Sales) - 1387 Dodge St. Walgreen Co. (Also Sunday Sales) - 555 John F, Kennedy Rd. Passed, adopted, and approved this 21st day of April, 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 Brady moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 127.80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applioants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Windsor Tap Company - 2401 Wind- sor Ave. Marco's Inc. -- 2022 Central Ave. Passed, adopted, and approved this 21st day of April, 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 Brady moved adop- tion of the Resolution, Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bors Brady, Pelderman, King, Pratt. Nays-None. Communication of Recreation Com- mission requesting permission to eon- duet the third "Run for Dubuque" to be held on May 4, 1980, presented and read. Council Member Pratt moved that the request be approved subject to imple- mentation of the City Manager. Second- ed by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Appointments to various Boards and Commissions were considered and dis- Council Member King moved to table the appointment to the Airport Commis~ sion. Seconded by Council Member Fel- derman. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Members Felderman, King. Nays-Mayor Farrell, Council Mem- bers Brady, Pratt. MOTION FAILED. Council Member Pratt moved that Dan Kruse be appointed to the Airport Commission for an unexpired term ex* piring 9-14-83, replacing Gerald Kopisch~ kc. Seconded by Mayor Farrell. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets King, Pratt. Nays-Council Members Brady, Fei- Council Member Pratt moved that Ruby Sutton be appointed to the Human Rights Commission for an unexpired three year term expiring 1-1-82, Second: ed by Mayor Farrell. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Mayor Farrell, Council Member Pratt. Nays-Council Members Brady, Fel~ derman, King. MOTION FAILED. Council Member Brady moved to post- pone appointments tothe Human Rights 156 Special Session Commission. Seconded by Council Mem~ ber Feiderman. Carried by the following Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-Council Member Pratt. Council Member Brady moved thai Mike McFarland be appointed ~o the Playground & Recreation Commission for an une×pired 3 year term expiring 7-5-82. Seconded by Council Member Felderman. Carried by the following Yeas-Mayor Farrnll, Council Mem- bers Brady. Felderman. Nays.Council Member Pratt. Abstain-Conncil Member King. Council Member Pra~ moved that Marilyn Gill be appointed to the Rehabil- itation Commission for unexpired 3 year term representing At-Large. MOTION DIED FOR LACK OF A SECOND. Council Member Felderman moved to defer appointments ~o the Rehabilita. Lion Commission, Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Iowa DEQ advising of the issuance of permits for sewer and wa~er for Terrace Heights Mobile Home Park, presented and read. Council Member Pratt moved that the communication be received and filed and referred to Engineering and Water Depl Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Dubuque Federa- Lion of Labor endorsing proposal of ;lustrial Park area known as the Radford Industrial Center, presented and read. Council Member Pra~ moved that the communication be received and filed and referred to Planning & Zoning. 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 Ted Whelan of 951 White St. requesting reconsideration of Council action of previous decision of cuts made in police and fire and that no further cuts be made in the depart- ments, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas~Mayor Farrell. Council Mem- bers Felderman. King, Pratt Nays-Council Member Brady. April 21, 1980 Communication of Iowa DEQ submit- ting a list of observationstrecommenda- tions relative to compliance survey of the City Water Supply indicating that the Water Treatment Plant is operating satisfactorily, presented and read. Council Member Pra~ moved that the communication be referred ~o Water Plant Superintendent, Seconded by Council Member Felderman. Carried by the following vote: Yeas~Mayor FarrelL Council Mem~ bets Brady, Felderman. King, Pratt. Nays~None. MINUTES SUBMITTED -- Cable TV commission of 4-1. Historic Preserva- tion Commission of 2-12 & 4-8. Plumbing Board of 4-7, Five Flags Commission ~of 4-3. Transit Trustee Authority of 3-18. Park Board of 4-11, Community Develop- men~ Commission of 4-8, Airport Com~ mission of 4-10, Planning & Zoning of 4-2. Zoning Adjustment Board of 1-24. pre- sented and read. Council Member King moved that the minutes be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Communication of Corporation Coun- sel recommending denial of personal in- jury claim of Sheila A. Konrardy, claim amicably settled, presented and read. Council Member King moved that the commumcation be received and filed and denial approved. Seconded by Council Member Felderman. Carried by the lowing vo~e: Yeas~Mayor Farrefi. Council Mem- bers Brady, Felderman. King. Prat~. Nays-None, Communication of Corporation Coun- sel recommending denial of car damage claim of Jane A. Husemam presented and read. Council Member King moved that the communication be received and filed and denial approved. Seconded by Council Member Felderman. Carried by the fol- lowing vo~e: Yeas-Mayor Farrell. Council Mem~ hers Brady, Felderman. King, Pratt. Nays-None. NOTICES OF CLAIMS - David R. Blaser. in the amount of $76.68. ~or car damage incurred as the result of driving into a jagged curb at 1946 Rosemont St.. on 8~30~80: Notice of Crawford & Com- ,)any Claim Adjusters advising of a ctaim by their client Orville Buikema, who fell on a sidewalk at Thompsons Food Mar- ket on 11-20-79 on First Street. Lu¢ile M. Pleimling, in an undetermined amount. for personal injuries received in a fall on an icy crosswalk at 8 Locust Street on Special Session, April 21, 1980 2-2-80; Joel Streinz vs. Patrick J. McKer~ nan et al, in the amount of $3,000,, as the result of a car accident involving Police officer Joel Streinz, in the 600 Block on June 20~ 1978; Louis F. Fautsch, in the amount of $188.44, for car damage incur- red as the result of the placement of an improperly located metal barricade in the parking ramp on February 23, 1980, presented and read. Cmmcil Member King moved that the Notices of Claims be referred to the Cor~ poration Counsel. Seconded by Council Member Feldermam Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldermaa, King, Pratt. Nays~None. Communication of City Manager sub- mitting monthly reports ef the City Treasurer, Finance Director, also list of claims for month of March, 1980, pre~ sented and read. Council Member King moved that the communications 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. Petition of Robert F. House, request- ing a refund of $25. for the unexpired portion of Cigarette License No. 1669, discontinued business on March 31, 1980. presented and read. Council Member King moved that the refund be approved and City Auditor di- rected to issue proper warrant. Second- ed by Council Member Felderman. Car- ried by the following vote: Yeas-Mayor Farrell, CounciI Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of The Lighthouse Corpora- tion requesting refund of $422.50 on expired portion of liquor license, discon~ tinned business on 2-16-80, presented and read. Council Member King moved that the refund be approved and City Auditor di- rected to issue proper warrant. Second- ed by Council Member Felderman. car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldermaff, King, Pratt. Nays~None. There being no further business, Council Member Felderman moved to adjourn. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Leo F. Frommelt City Clerk 157 Approved ...i .................. 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk