1980 May Council ProceedingsRegular Session. May 5. 1980
159
CITY COUNCIL
OFFICIAL
Regular Session, May 5. 1980.
Council met at 7:30 P.M.
Present. Mayor Farrefi, Council
Members Brady, Feldermsn. King,
Pratt. City Manager W. Kenneth Gear-
hart,
Mayor Farrel! read the call and stated
that this is a REGULAR MEETING of
the City Council to be held on May 5,
1980 at 7:30 o'clock P,M. in the Council
Chamber at the City Hall for the purpose
of acting upon such business as may pro-
perly come before the Meeting,
Invocation was given by Rev. Rick
Thompson, Pastor of the Evangnlical
Free Church.
Proclamations proclaiming May 5 as
"National Music Week." May 14 as
"Freedom Day," Week of May 11th as
"Small Business Week." May 6. 1980 as
"Senior Volunteer Day," May 7 as "Fps-
ter Grandparent Day," Weeks of May 12
and 19 as "Dubuque Visiting Nurse
Awareness Weeks" and Week of May
11-17 as "Girls Club Week" were read
and so proclaimed by Mayor Farrell.
Proof of Publication. certified to by
the Publisher. of Notice of Public Hear-
ing on Resolution of Necessity on the
1980 Asphalt Paving Project No. ] -
Blood Plant Road. Chancy Rd.. W. 8th
St.. Hill St., Julien Dubuque Dr.. W.
Locust St,. Murphy Park Road, W. Third
St,, University Ave.. Valley St.. and
Woodland Drive. presented and read.
Council Member King moved that the
proof of publication be received and
['fled. Seconded by Council Member
Pratt. Carried by the following vote:
'/eas-Mayor Farrell. Council Mem.
hers Brady, Felderman. King, Pratt,
Nays-None,
Petition of Bernard B, O'Conner et al
objecting to the proposed paving of Hill
Street, presented 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.
Petition of Mrs. Letha Duggan object-
ing to the proposed assessmen[ against
Lot 1 of 13 Randall's Sub. on Valley St.,
presented and read
Council Member King moved that the
petition be received and filed. Seconded
by Council Mem0er Pratt. Carried by
the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Braay, Felderman. King, Pratt.
Nays-None.
City Engineering Department. Fran-
cis Murray, Mike Koch spoke to the
Council and presented various alter-
nates regarding reconstruction projects
and maintenance projects concerning
the 1980 Street Program advising of dif-
ferent curb cost comparisons and costs
to streets by not charging for curb & ~u~-
ter installation,
Council Member Felderman moved to
suspend the rules to let any one present
address the Council if they so desire.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
George Freund of i58 Hill St.. spoke
to the Council on behalf of the residents
of Hill St.. objecting to the assessments
including charges for the re-doing of
curbs and gutters; Objected to the un-
reasonable high assessment.
Thomas Hurm. Paul Peckosh Vir.
ginia Eerbst, Larry Russell. Gene Buhr
Charles Malone and Lawrence James
objected to amounts of assessments on
Hill Street and amount of traffic using
the street.
Michael McCarron. Jackie Kennicker
and Ruth Frazier. residents on Valley
St., objected to assessment amounts for
reconstructing of Valley St. and the
s~orm sewer problem: Also ~o use of
heavy equipment using and being allow~
ed to use on Valley Street.
Council Member King moved to ap-
)rove the revised figures alternatives as
dollar figure as submitted by City Staff.
amount to approximately 49% reduction
on assessments and not to charge for the
installation of curb & gutters on Hill St.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas~Mayor Farrell Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 128.80
Resolution Amending Resolution No.
104-80,
BE IT RESOLVED BY THE CITY
COUNCIL OF THE
CITY OF DUBUQUE, iOWA:
Section 1. That Resolution No. 104-80
being the Resolution of Necessity for the
City of Dubuque 1980 Asphalt Paving
Project No. 1. be and the same is hereby
amended by deleting the following por-
tions of the following s~ree~.s named
therefrom:
Blood Plant Road from Julien Dubu-
que Drive to the Illinois Central Rail
road Tracks,
Chancy Road from the N.P.L. of Kauf-
mann Avenue to the S.P.L. of Kane
Street
160
Regular Session, May 5, 1980
Julien Dubuque Drive from the N.P.L.
of Lot I of Lott's Subdivision (Old City
Limits) to the Blood Plant Road.
West Third Street from the W.P.L. of
Bluff Street to the E.P.L. of Hill
Street.
Passed. adopted, and approved this
5th day of May, 1980.
Carolyn Farrel]
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
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.
(Nsoesslty for Improvement)
RESOLUTION NO. 104.80
WHEREAS, proposed plans, specifi-
cations, form of contract, plat and sche-
dule have been duly prepared and ap-
proved by the City Council of the City of
Dubuque and are now on file in the office
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 corn
struction and kind of material to be
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
I. West Eighth Street from the j
W.P.L. of Bluff Street to the W.P.L. of
the N. 100'-E. 33' of Lot 49 in Corrlell's
Dubuque,
2, Hill Stree~ from the N.P,L. of Woo-
ten Street to the S.P.L. of West Eighth
Street.
3. West Locust Street from the N.P.L.
of Loras Boulevard to the ~.P.L. of Hog-
don Street.
4. Murphy Park Roadway -- Approxi-
mately 850 feet of Roadway with adja-
cent parking,
5. University Avenue from the E.P.L.
of Loras Boulevard to the West End of
Delhi Street.
6. Valley Street from the W.P.L. of
Southern Avenue to the N.P.L. of Mount
Loretta Street.
7. Woodland Drive from the N.P.L. of
Key Way Drive to the N.P.L. of Dana
Drive.
BE IT THEREFORE RESOLVED
ghat the City Council on its own motion
or upon petition of property owners.
deems it advisable and necessary for the
publif welfare to make the herein men-
tioned improvement, and unless proper-
W 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 proposed assess-
merits, 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-
pared therefpr 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-
in; said improvement will be assessed
upon and against all privately owned
property lying within assessable dis-
tance provided by law and in an amoun~
not to exceed the amoun~ 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
ou~ of the Road Use Tax Fund, Street
Bonds shall be issued and s01d in antici-
patton of deferred payments of assess-
men~s 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 tc 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.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as amended by the
City Council this 5th day of May. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerh
Council Member King moved final
adoption of the Resolution as Amended
Seconded by Council Member Pratt.
Carried by the following vote:
Regular Session, May 5, 1980
161
Yeas,Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
(Decision of Council Upon
Objections to Plans, Speclficaflons,
Form of Contract and Cost of
Improvements)
RESOLUTION NO. 129.80
WHEREAS, proposed plans and spe-
cifications and form of contract for the
City of Dubuque 1980 Asphalt Paving
Project No. 1:
1. 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,
2. Hill Street from the N.P.L. of Woo~
ten Street to the S.P.L. of West Eighth
Street,
3, West Locust Street from the N.P.L.
of Loras Boulevard to the E.P.L. of tie;-
don Street.
4. Murphy Park Roadway - Approxi-
mately 850 feet of Roadway with Adja-
cent Parking,
5. University Avenue from the E.P.L.
of Loras Boulevard to the West End of
Delhi Street,
6. Valley Street from the W~P.L. of
Southern Avenue to the N.P.L, of Mount
Loretta Street,
7. Woodland Drive from the N.P.L. of
Key Way Drive to the N.P.L. of Dana
Drive,
have been approved by the City Council
of the City of Dubuque and public notice
given as provided by Chapter 384 of the
Code of Iowa, 1979, pertaining to public
contracts and bonds, attd the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or con-
tract for or cost of such improvements,
said time being this 5th day of May, 1980;
and
WHEREAS, the City Council met in
regular session this 3th day of May, 1980
at 7:30 o'clock P.M, at the Council Cham-
bers in the City Hall for the purpose of
hearing alt interested parties and con-
sidering any and all objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have been
duly weighed and considered;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That all objections which have been
made and filed to the plans~ specifica-
tions, contract for or cost of said im~
provement herein described and propos-
ed to be made, be and the same hereby
overruled and such plans, specifications
and form of contract heretofore approv-
ed are hereby adopted.
BE IT FURTHER RESOLVED that
t his resolution containing the decision of
this Council upon all objections which
have been filed to the plans, specifica-
tions and form of cost said improvement
be made a matter of permanent record in
connection with said improvement.
Passed; adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adop-
tion of the Resolution as Amended. Sec-
ended by Council Member Pratt. Car
ried by the following vote:
Yeas-Mayor Farrell, Council Mem~
bets Brady, Felderman, King, Pratt.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 130.80
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a resolution of ne-
cessity No. 104-80 which was duly pass-
ed by this Council, for the City of Dubu-
que 1980 Asphalt Paving Project No. 1:
1. 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 in Corriell's
Dubuque,
2. Hill Street from the N.P.L. of Woo~
ten Street to the S.P.L. of West Eighth
Street,
3. West Locust Street from the N.P.L.
of Loras Boulevard to the E.P.L. of Hog-
don Street.
4. Murphy Park Roadway -- Approxi-
mately 650 feet of Roadway with adja-
cent parking,
5~ University Avenue from the E.P.L.
of Loras Boulevard to the West End of
Delhi Street,
6. Valley Street from the W.P.L. of
Southern Avenue to the N.P.L. of Mount
Loretta Street,
7. Woodland Drive from the N.P.L. of
Key Way Drive to the N.P.L. of Dana
Drive,
be and the same are hereby ordered and
constructed by this Council upon its own
motion and with or without the petition
of property owners. All the work shall be
constructed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
162
Regular Session, May 5. 1980
BE IT FURTHER RESOLVED that
the cost and expense of the said improve-
ment be paid for by levying special as-
sessments against the privately owned
property lying within/he assessable dis-
tance from the improvements, whether
such property abut upon the same or are
adjacent thereto, according to the area
thereof and in proportion to the special
benefits conferred, and any deficiency
will be paid out of the Road Use Tax
Fund. Payment will be made to the eon-
tractor out of funds realized from the
sale of bonds to be issued in anticipation
of deferred payments of assessments as
provided by law after the work has been
completed and accepted by the City
Council.
BE IT FURTHER RESOLVED that
the City Clerk be and he is hereby order-
ed and directed to advertise for propo-
sale for the construction of the various
improvements herein provided for in the
manner provided by law. the said im-
provements shall be completed on or
before 90 days after "Notice to Proceed"
has been issued.
BE IT FURTHER RESOLVED that
this resolution being deemed argent and
of immediate necessity shall be in force
and effect from and after its passage and
adoption by the City Council.
Passed. adopted, and approved this
5th day of May. 1980.
Carolyn Farrell
Mayor
James E. Brady
D, Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council 'Member King moved adop-
tion of the Resolution as Amended. Sec-
ended by Council Member Pratt. Car-
tied by the following vote:
Yeas-Mayor FarrelL Council Mem-
bens Brady, Felderman. King. Pratt.
Nays-None.
Proof of Publication, certified to by
the Publisher of Notice of Public Hear-
mg on Resolution of Necessity for City of
Dubuque 1980 Concrete Paving Projecl
No. ~ - Walnut Street from N.P.L. of
University Ave. to S.P,L. of Lotus Blvd.
presented and read.
Council Member Pratt moved that the
proof of publication be received and
filed. Seconded by Council Member Fei-
derman. Carried by the following vote:
Yeas-Mayor Farrell. Council Mem,
bens Brady, Felderman. King, Pratt.
Nays-None.
Communication of Russell W. Nash as
president of the llth Street Neighbor
hood Assn. requesting the deletion of
the proposed rebuilding of Walnut St.
presented and read.
Council Member King moved that the
commumeation be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Fetderman. King, Pratt.
Nays-None.
Communication of C. Robert Just-
mann submitting a rescue plan for the
old red brick road on Walnut St.. from a
historical character viewpoint, present-
ed 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 Farreil. Council Mem-
bers Brady, Folderman. King, Pratt.
Nays-None.
Petition of Ronald J. Weiner et al (67
signersl requesting deletion of Walnut
St. from the Street Program, presented
and read.
Council Member King moved that the
petition be received and filed. Seconded
by Council Member Felderman. Carried
by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Biays Bowerman. Russell Nash. Pat-
rick Egan. Ronald Welsh, Charles Ryan,
James R. MaL Robert Fisch. Rhonda
Kronfeldt on behalf of Abby McDonald
Dancer. William Daugherty, Marge In-
man and Charlotte Lung and Helen
Wether all addressed the Council sta-
ting the 1980 Concrete Program should
be deleted for various reasons, basically
because of the amount of assessments
being charged.
Resolution No. 108-80 Necessity for
Improvement for City of Dubuque 1980
Concrete Paving with integral curb pro-
ject No. 1 - Walnut St. from University
Ave. to Loras Blvd.. said Resolution hav-
ing been previously approved at the
Council Meeting of April 7.1980 was pre-
sented for final adoption.
Council Member King moved that the
City of Dubuque 1980 Concrete Paving
Project No. 1 -- Walnnt Street from
N.P.L. of University Ave. to S.P.L. of
Loras Blvd. be deleted, Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None,
Council recessed at 9:03 P.M.
Reconvened In Regular Session at
9:11 P.M.
· Corporation Counsel addressed the
Council and advised them that the Pitts-
Regular Session, May 5, 1980
163
burgh-Des Moines Steel Co.'s bid for the
#561 Highway Bridge had been approv-
ed by the Courts and construction was
continuing on as scheduled.
C~rporation Counsel Russo also re-
quested of the Council that he be allowed
to appeal to the Supreme Court and
quested direction regarding annexation
on the Budde Case (Barony Woods and
Sherwood Park area). Council Member
King moved that Corporation Counsel
be directed to appeal the Budde Case re-
garding annexation to the Supreme
Court. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Felderman, King, Pratt.
Nays-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance add-
ing General Service and Wholesale Com-
mercial Districts prescribing rules and
regulations, etc., providing for a C-7 Zon-
ing District, presented and read.
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Charlie Skemp and Alfred Polsean ob-
jected to expansion due to additional
traffic ruining the road.
Atty. James O'Brien representing
Ken Molt, was of the opinion that this
was definite spot zoning; limiting sales
unfair and Ordinance was incorrectly
drafted,
Wilson McCallister felt no one under-
stood the Ordinance; Of opinion that C-7
be applied to area that is new - not
existing structures.
AN ORDINANCE of the City of Du-
buque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by enacting a new Section
101.1.4.7 of Article I adding C-7 General
Service and Wholesale Commercial Dis.
trict to the list of Commercial Districts
established by the Ordinance: and fur-
ther, by enacting a new Section 4-122 of
Article IV, creating the C-7 General Ser-
vice and Wholesale Commercial Dis-
trict, prescribing therein, a general
statement of intent, principal permitted
uses, accessory uses, conditional uses,
prohibited uses, schedule of district reg-
ulations, and district standards: and fur-
ther, by repealing certain provisions of
Section 5-104.4 of Schedule of off-street
and loading space requirements adopted
and enacting new provisions thereof re-
garding parking space requirements for
wholesale sales or storage facilities: and
further by amending Section 5-105.2
Schedule of comprehensive sign regula-
tions adopted, to provide regulations for
signs in the C-? General Service and
wholesale commercial district, said Ordi-
nance having been previously presented
and read at the Council Meeting of April
7, 1980, presented for final adoption.
Council Member King moved final
adoption of the Ordinance. Seconded by
Council Member Pratt. VOTE ON THE
MOTION WAS AS FOLLOWS:
Yeas:Council Member Pratt.
Nays-Mayor Farrell, Council Mem-
bers Brady, Felderman, King,
MOTION FAILED.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance cre-
ating and adding PI Planned Industrial
District, prescribing a general state-
ment of intent, permitted uses, off-
street parking Ioadingrequirement etc.,
presented and read.
Council Member Pratt moved tlmt the
proof of publication be received and
filed, Seconded by Council Member Pel-
derman. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Felderman, King, Pratt.
Nays-Council Member Brady.
Dr. Mary Ellen Harris was of the opin-
ion the Planning & Zoning Commission
had not obtained open space area; Guide-
line should be written in the Ordinance.
Mrs. Sorenson felt the proposed Ordi-
nance providing that both Heavy and
Light Industrial would be able to enter
PI Planned Industrial Zoning.
ORDINANCE NO. 29.80
AN ORDINANCE OF THE CITY OF BU-
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA" TO
REPEAL SECTION 1.101.5.3 OF ARTI-
CLE I AND ENACT A NEW SECTION
1-101.5.3 OF ARTICLE I ADDING "PI
PLANNED INDUSTRIAL DISTRICT"
TO THE LIST OF INDUSTRIAL DIS-
TRICTS ESTABLISHED BY THE ORDI.
NANCE: AND FURTHER, BY ENACT-
lNG A NEW SECTION 4-121 OF ARTI-
CLE IV, CREATING THE PI PLANNED
INDUSTRIAL DISTRICT, PRESCRIB.
lNG THEREIN, A GENERAL STATE-
MENT OF INTENT, ESTABLISHMENT
OF PI PLANNED INDUSTRIAL DIS~
TRICT, PRINCIPAL PERMITTED
USES, ACCESSORY USES AND
STRUCTURES, PROCEDURE, LOT
AND BULK REGULATIONS~ AND DIS.
164
Regular Session. May 5. 1980
TRICT STANDARDS, AND FURTHER
BY REPEALING CERTAIN PROVI.
SIONS OF SECTION 5-104,4 OF ARTI-
CLE V AND ENACTING NEW PROVI-
SIONS THEREOF REGARDING OFF-
STREET PARKING AND LOADING
SPACE REQUIREMENTS FOR THE PI
PLANNED INDUSTRIAL DISTRICT.
said Ordinance having been previously
presented and read at the Council Meet-
ing of April 7, 1980, presented for final
adopt:ion,
(Official Publlnetlon)
ORDINANCE NO. 29.80
AN ORDINANCE OF THE CITY OF DU.
SUQUE. IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, iOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE 'ZONING
ORDINANCE AND ZONING MAP OF
THE CiTY OF DUBUQUE~ IOWA" TO
REPEAL SECTION 1.101.5.3 OF ARTI.
CLE ~ AND ENACT A NEW SECTION
1.101.5.3 OF ARTICLE I ADDING "PI
PLANNED iNDUSTRIAL DISTRICT"
TO THE LIST OF INDUSTRIAL DIS-
TRICTS ESTABLISHED BY THE ORDI-
NANCE: AND FURTHER, BY ENACT-
iNG A NEW SECTION 4.121 OF ARTI-
CLE IV, CREATING THE PI PLANNED
INDUSTRIAL DISTRICT, PRESCRIB-
ING THEREIN. A GENERAL STATE-
MENT OF INTENT, ESTABLISHMENT
OF PI PLANNED INDUSTRIAL DIS-
TRICT, PRINCIPAL PERMITTED
USES, ACCESSORY USES AND
STRUCTURES, PROCEDURE, LOT
AND BULK REGULATIONS, AND DIS-
TRICT STANDARDS, ~.ND FURTHER
BY REPEALING CERTAIN PROVI-
SIONS OF SECTION 5-104.4 OF ARTI-
CLE V AND ENACTING NEW PROVI-
SIONS THEREOF REGARDING OFF-
STREET PARKING AND LOADING
SPACE REQUIREMENTS FOR THE PI
PLANNED INDUSTRIAL DISTRICT.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
Section '1. That the Code o/Ordinanc-
es of the City of Dubuque, Iowa, be
amended by re vising Appendix A there-
of also known as the "Zoning Ordinance
xnd Zoning Map of the City of Dubuque,
lawo~" by repealing Section 1-10Z5.3 of
Article I and enactin§ a new Section
1.101.5.3 of Article I. to wit:
"ARTICLE I ESTABLISHMENT
OF DISTRICTS: PRO VISIONS
FOR OFFICIAL ZONING MAP
AND INTERPRETATION AND
AMENDMENT THEREOP
Section 1-10l Establishment of Dis-
tricts
1,101.5.3 PI Planned Industrial Dis.
Section 2. That the Code of Ordinanc-
es of the City of Dubuque, Iowa be
amended b y re vising Appendix A there-
of also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa," by enacting a new Section ~-121
of Article IV. to wit:
"ARTYCLE IV DISTRICT REGU-
LA TIONS
Section ~-121 PI Planned Industrial
Dletrlel
~,-1.~1.1 General Statement of Intent
The PI Planned lndustrial District is
created to permit the establishment
q£ industrlal parks and to provide for
~he orderly growth of industries o~
large tracts of land. This district pro-
vides a protected area for the devel.
opment of industry based on per-
refinance as well as type.
The PI Planned Industrial Dis trier is
established with the recognition
~hat the economic well. being of the
City and the metropolitan area re.
quires the e~cpansion of iudustrial de-
velapment. It is also recognized that
the lack of land available and adopt-
able for such development may re-
quire consideration of locating new
fndustrial development in areas ad-
jacent to or highly visible from exist-
ing and future residential neighbor-
~oods.
Therefore, it is the purpose o! these
regulations to provide the necessary
standards for development and spe-
cial procedures for plan approval
which will maximize the potentials
of indus trial development and at the
same time reduce to a minimum the
impact of that industrial develop-
ment on surrounding non-industrial
land uses or on the natural environ-
ment.
4-121.2 Establishment of PI Plan-
ned Industrial District
;. By Owner
A Planned Industrial District may
be established 9n a tract of land in
single ownership or management
control provided that the prelimin-
ary development plan and the appli-
cation for change of zoning are ap-
proved by the City Council and a
final development plan is approved
by the Planning andZoning Commis-
ston in compliance with require-
ments o] this Sectio~
2. By City
A Planned Industrial District may
be established by ordinance of the
City of Dubuque Cit~ Council in the
same manner that other mapped dis-
tricts are established where the City
Council de termines that any particu-
lar tracts or areas should be develop-
ed for industrial use. but because of
Regular Session, May 5, 1980
165
potential conflicts with adjoining
uses, existing or potential, a greater
degree of control of the manner of de.
velopment is necessary to protect
the general welfare than is possible
under the regulations of the other
Industrial Districts.
.4-1,~1.3 Principal Permitted Uses
In the PI Planned Industrial Dis-
trier, no building, structure or land
shall be used, and no building or
structure shall be built or altered to
be used in whole or in part, except for
the following purposes:
1. Any use listed as a Principal
Permitted Use in the L1Light Indus-
trial District, and HI Heavy Indus.
trial District, except for residential
uses le~ccluding a custodian or watch-
man residing on the premises) and
except that the specific ordinance au-
thorizing the establishment of a par-
ticular PI Planned Industrial Dis-
trier may further limit the uses per-
mitted.
4-121.4 Accessory Uses and Struc.
tufas
The following Accessory Uses shall
be pevmited in the P1Planned Indus-
trial District:
L Any use clearly and eustomarily
incident to the principal permitted
use in conjunction with which it is
maintained, except that the specific
ordinance authorizing the establish-
ment of a particular PI Planned In-
dustrial District may further limit
accessory uses permitted,
h-I~I. 5 Procedure
1, By Owner InlUsted District
1) Application and Plan Submls,
sion
Application for establishment of a
Planned Industrial District shall be
filed in accordance with the applica-
tion procedures for Planned Unit De.
velopments as set forth in Section
4-110. Z The application shall be ac-
companied by an aFplication fee and
a preliminary development plan con-
forming to the provisions of Section
h-110,8.
2- Commission Hearing
A public hearing shall be held by the
Planning and Zoning Commission on
the application in the same manner
and with the same public notice pro-
cedures as is required for Planned
Unit Development designation.
3/ Commission Recommends.
non
The Planning Commission's recom-
mendation shall be transmitted to
the City Council with a statement of
reasons in support of the recommen-
dation. If the recommendation is one
nf approva~ it shall be included in an
ordinance authorizing the establish-
ment of the Planned Industrial Dis-
trict, The conditions or restrictions
shall include but not be limited to:
oJ Time limitations for submission
of final development plans and com-
mencement of construction as re-
quired by this Section.
b) Uses permitted in this district.
ct Performance standards for the
operation of the permitted uses.
d] Requirement that any transfer
of ownership or lease of property in
the district include in the transfer or
lease agreement a provision that the
purchaser or lessee agrees to be
bound by the conditions authorizing
the establishment of the district.
4/Council Action
Upon receiving the recommendation
of the Commission, the City Council
shall act in the manner provided by
law to approve or disapprove the re-
questedzoningreclassificationofthe
property. The affirmative vote of at
least three-fourths of all the mem-
bership of the Council shall be neces-
sary to approve the Preliminary De-
velopment Plan when the Core,his-
sion has recommended disapproval
thereof, or to remove any conditions,
requirements, or limitations im-
posed by the Commission in approv-
ing the Preliminary Development
Plan.
5) submission al Final Develop.
ment Plan
After passage of an ordinance au-
thorizing the establishment of a
Planned Industrial District by the
City Council, the applicant shall sub-
mit the final development plans to
the Planning and Zoning Commis-
sion within the period of time speci-
JYed in the ordinomce, The plans shall
include such information as is re quir-
ed by the Planning and Zoning Com-
mission for adequate consideration
cf the plans. The plans shall satisfy
the subdivision regulations and
other pertinent City ordinances
where applicable.
6l Recording of Final Plan and
Restrictions
After approval of the final develop-
ment plan by the Planning and Zon-
ing Commission, the plan shall be re-
corded by the applicant as a Planned
Industrial District, together with
conditions and restrictions of the or.
dinance authorizing the establish-
ment of the district.
7l Development According to
Final Plan
a/ Construction of Improve.
ments or Posting of Bond
No buildings may be erected and no
166
Regular Session. May 5, 1980
uses may occupy any portion of
distmc~ until the r~ ~uired related
off-site improvements are construct-
ed or a performance bond or escro~
posted covering the estimated cost
of construction as determined by the
Planning and Zoning Commission. [f
the Planned Industrial District is to
be developed in sections all im-
provements necessary to the proper
operation and functioning of the sec-
tion. even though some may be lo-
cated outside of the section, taus t be
constructed and installed or a perfor.
mance bond or escrow posted cover.
my the estimated cost of the im-
provementz, as detevrained by the
Planning and Zoning Commission.
b) Time Limitation
If substantial construction or devel-
opment of the district does not begin
within the period of time specified in
the conditions of the ordinance au.
thorizing the establishment of the
district, the City Council may, on its
mot~on or on a recommendation of
the Planning and Zoning Commis-
sion, rezone the property or any por-
tion thereof to the zoning district
classification that prevailed prior to
!he approval of the Planned Indus-
lrial District classification.
c~ Extension of Time Limitation
The time limitation specified in the
ordinance authorizing the establish-
ment of the Planned Industrial Dis-
~rict for submission of final develop-
ment plans and for completion of con-
structwn may be extended by the
City Council upon a showing of good
d/Changes from Plan
After recording of a final develop.
rnent plan for a Planned Industrial
District. changes nor inconsistent
with the purpose or ~ntent of this sec-
tion may be approved by the Plan.
ning and Zoning Commission.
Changes affecting the purpose of in-
tent of this section shall require a
new pe tition for a Planned lndustrial
District,
5. City Initiated District
The procedure to be followed in or-
der to utilize land in a Planned Indus-
trial District established by ordi-
nance by the City Council upon ~s
own initiative or by petition of the
Planning and Zoning Commission
shall be the same as provided for the
owner initiated district in ~-191.5.1
above e~cepted:
11 There shall be no application fee
required.
fl The City Council shall not be re-
quired to hold a public hearin§ on the
preliminary development plan
31 A City Council resolution shall
be substituted for the ordinance re-
quired for approval of the prelimin-
ary development plan.
hi The City Council may repeal the
re solution of approval of the prelim-
inar~ development plan and pass its
resolution disapproving same if sub-
stantial development of the district
does not begin within the period of
time specified in ~he conditions of
~he resolution of approval.
~,-121.6 Lot and Bulk Regulations
Lots. uses and structures shall con-
form to the following regulations ex-
cept as may be specifically provided
in the ordinance or resolution estab-
lishing a particular PI Planned In~
dustrial District:
]. Minimum Lot Area
Each principal building together
with its accessory buildings shall be
located on a lot having an area of at
least one-half ~.5~ acre.
5. Minimum Lot Width
A minimum lot width of one-hundred
li00) feet shall be provided for each
lot.
Y. Minimum Yards
The following m~n~mum yards shall
be provided and maintained: a. Front Yard
A front yard of not less than
thirty (30fleet.
b. Side Yard
A side yard at least equal to 10
percent of the lot width but not less
than ten (10] or more than twenty-
five (2bi feet shall be required. c. Rear Yard
A rear yard of not less than(if-
Ieen (15] feet.
d. Exceptions
1l Front Yards adjoining an ar-
terial street shall not be '~ess than
sixty-five (65]feet.
fl Where the district abuts or
adjoins a .esidential or of(ice.rest.
dential district across the street.
there shall be a front yard of not less
than sixty-five 165) feet,
3) Side yards and rear yards
abutting or adjoining a residential or
office-residential district shall be not
less than one-hundred (100]feet.
· ~. Maximum Lot Coverage
Th~ total ground area occupied by
any principal building, together with
all accessory buildings shall not ex-
ceed fifty (50] percent of the total
area o] the lot.
Where appropriately laeated open
space of adequate size is provided
and permanently protected else-
where in the PI Planned Industrial
District. the maximum lot coverage
on an individual lot may be increased
Regular Session,
proportionately to a maximum of
seventy-five (75) percent.
5. Maximum Building Height
No building or structure shall be
erected or structurually altered to
exceed fifty (50)feet in height.
4-121.7 District Standards
1. Performanne Standards
Uses which because of the nature of
the operation area accompanied by
an excess of vibration, smoke, nox-
ious gases, odor, noise, glare, wastes,
or fire hazard shall not be permitted.
These residual features shall be con-
sidered as "excessive" when they
either exceed or deviate from the
limitations set forth in the following
performance standards:
~ Vibration
No activity or operation shall at any
time cause earth vibrations percep-
tible beyond the limits of the imme-
diate site on which the operation is
located.
b. Smoke, Particulate Matter and
Gases
No activity or operation shall be es-
tablished which fails to meet the air
quality regulations of the Iowa De~
pertinent of Environmental Quality
pertaining to emission of smoke, par-
ticulate matter, fugitive dust, gases
and other air contaminants.
c. Odor
No activity or operation shall cause
at any time the discharge of toxic,
noxious or odorous matter beyond
the limits of the immediate site
where it is located in such concen-
trations as to be detrimental to or en-
danger the public health, welfare,
comfort or safety.
~ Noise
No activity or operation shall be car-
ried on which involves noise in ex-
cess of the normal traffic noise of the
adjhcent street at the time of daily
peak hour of traffic volume. This
standard shall be measured at the
property line. All noises shall be
muffed so as not to be objectionable
due to intermittance~ beat frequen-
cy, or shrillness.
e. Glare
Glare, whether direct or reflected,
such as from spot lights or high tem-
perature processes, and as differen-
tiated.from general illumination,
shall not be visible beyond the limits
of the immediate site from which it
originates,
~. Wastes
1) Solid Wastes. All solid waste
materials, debris, refuse or garbage
shall be properly contained in a
closed container designed for such
May 5, 1980 167
puryose. No exterior incineration of
trash or garbage is permissible.
2] Sewage and Liquid Wastes. A Il
liquid wastes shall be discharged in
full compliance with appropriate
City, State and Federal regulations.
g. Fire Hazard
No activity or operation shall be es-
tablished which fails to meet the
City ~ fire code.
5, Operations Within Enclosed
Buildings
All operatlans and activities shall be
conducted or maintained within com-
pletely enclosed buildings except:
a. Off-street parking and load-
ing facilities;
b. Signs:
c. Employee recreational facili-
ties; and
d. Outdoor storage.
3. Outdoor Storage
Outdoor storage shall be permitted
only when related to a principal per-
mitred use and provided that:
a. No outdoor storage shall be
permitted in any required yard.
b. No outdoor storage of materi-
als which could be blown into the air
or strewn about by the wind shall be
permitted.
c. All outdoor storage areas
shall be visually screened from adja-
cent property and streets by an ap-
propriate opaque screen up to a point
eight ~8) feet in vertical height.
d. Outdoor storage shall be
meant to include all company owned
and operated vehicles, with the ex-
ception of passenger vehicles.
4. Lighting
All exterior lighting shall be install-
ed and operated so as not to cause
glare or to shine into adjacent pro-
perrins and streets.
5. Underground Utilities
All on-site utility lines including
power and telephone lines, but ex-
cluding high tension lines, shall be lo-
cated underground. All transformer,
terminal and metering equipment
shall be located underground or
within buildings or shall be efJbc-
tively screened from view from
stree ts and adjoining properties.
6. Landscaping
All uses shall provide and continual-
l~ maintain landscaping areas in ac-
cordance with the approved final de.
velopment plan for the particular PI
Planned ~ndustrial District.
The following guide shall be used in
preparing the landscape plan:
a. The front yard area of each
site including all street right-of-way
to the curb line, shall be landscaped
168
Regular Session. May 5, 1980
with an effective combination of
trees, ground cover and shrubbery.
b. Side and rear yard areas not
used for parking shall be landscaped
utilizing ground cover and/or shrub
and tree materials.
c. All undeveloped areas shall
be continuall~ mowed and kept free
of unsightly plant growth, rubbish
and de bris.
d. Parking areas shall be land-
scaped and/or fenced in such a man-
ner as to interrupt or screen said
areas from view from adjacent pro-
perties and streets. Plant materials
~sad for this purpose shall consist of
Iineal or grouped masses of shrubs
Z Refuse Collection Areas
a All outdoor refuse collection
areas shall be visually screened from
adjacent properties and streets by
an appropriate opaque screen.
5. No refuse collection areas
shall be permitted in any required
yard area
& Off-Street Parking
a. Number
Off.street parking spaces shall be
provided In sufficient number for
each use In conformance with Sec.
tlon 5.104.
b. Design
All off-street parkin§ areas shall be
surfaced with a hard. all-weather,
durable, dust-free surfacing mate.
rial and shall be properly drained
and landscaped·
c. Location
:I) No off-street parking area shall
be located in any re quirad front yard.
2l No off-stree t parking area shall
be located closer than/iffy [50)feet to
a residential or office-residential dis-
trier.
31 No 9ff~street parking area shall
be located closer than ten iI0~ feet to
9. Loading Facilities
a. Number
Loading spaces shall be provided in
sufficient numbers for each use ~n
con/or~nance with Section 5.104,
b. Design
All truck loadin§ spaces and maneu-
vering areas shall be surfaced with a
hard. all-weather~ durable, dust-free
surfacing material and shall be pro-
perly drained and screened.
c. Location
II Loading spaces shall not be lo-
cated on a street frontage unless lo-
cated withiwand completely en-
closed by the building housing the
~l No loading space shall be Iocat~
ed within the required side or rear
yards
31 All loading spaces shall be phy-
sically separated from areas used for
off-s tree t parking except for connect-
mg driveways·
~ No maneuvering area shall be lo-
cated within ten (10)feet of side or
rear property line.
10. Sign Regulations
No sign shall be erected, altered or
maintained except in Oonformanee
with the approved final de velopment
plan far the particular P I Planned In-
dustrial District."
Section 3. That the Code of Ordinanc-
es ~f the City of Dubuque, Iowa' be
amended by revising Appendix A there-
of also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa," by repealing Sectlan 5-10~.~ of
Article V and enacting a new Section
5-104.~ of Article V. to wit:
"ARTICLE VSUPPLEMENTARY
DISTRICTREGULATIONS
Section 5.104.~ Schedule of Off-
Street Parking and Loading Space
Requirements Adopted
Re quired parking and loading spaces
for uses within a C-1. C-2. C-& C-4, LL
HI or PI District shall be as set ~brtk
in Schedule 5-10~.~. thereby adopted
by reference and declared to be a
part of this ordinance.·.
Section 4. That the foregoing amend-
ments have heretofore been approved
b~ the Planning and Zoning Commission
of the City of Dubuque. Iowa,
Passed. adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
D. Michael King
John L. Felderman
Michae~ W. Pratt
Council Mem bets
ATTEST:
Mary A. Davis
City Clerk
Published officiall~ in the Telegraph
fterald Newspaper this 9th day of May,
1980.
Mary A. Davis
City Clerk
It 5/9
Council Member Pratt moved final
adoption of the Ordinance. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bars Feldermam King. Pratt.
Nays-Council Member Brady.
Proof of Publication. certified to by
the Publisher· of Notice of Public Hear-
lng ~o amend the Zoning Ordinance with
regard to properties in the Cen~er Sec-
Regular Session, May 5, 1980
tar of the territory involuntarily an-
nexed to the City, presented and read.
Council Member King moved that the
proof of publication be received and
filed, Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farce]l, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Plamfing & Zoning
recommending that the zoning of the
Center Sector be clarified by an adden-
dum relative to the Nemmers Property,
presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt.
Carried by thc following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Daniel J. Reilly, E.
Vickery, James D. Rooks, Mary Ellen
Harris, requesting rejection of rezoning
of the Cedar Cross Area to Planned In-
dustrial District, presented and read.
Council Member King moved that the
communication be received and filed
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Attorney Hughes addressed the
Council on behalf of Dr. Nemmers, ad-
vising uses provided for can exist if
many areas, requesting adoption on be-
half of his client; Requested area be put
in PI District, not Agricultural
Jeff Hansel of Hansel Builders of
Cedar Cross Rd. advised they had no
problems with the Ordinance as pro-
posed.
· Attorney O'Brien was of opinion there
m no reason to change from C-7 Zoning to
LI Light Industrial.
Richard Hansel advised the PUD Zon-
ing Ordinance formally oriented to the
City Building; Light Industrial Zoning
requested; Requested to be made a mat-
ter of Record; Re objects to AG Agricul-
tural Zoning and requested to go on
Record as favoring C-3 Zoning.
David Leifker questioned if hearing
was held on interim Ordinance; what is
proper zoning; Patrons of area have ac-
cepted County Zoning.
· Charles Skerap advised he has LI Zow
mg on 18 acres of land approved by
County Zoning; Requested not to change
to AG Agricultural Zoning.
John Hain objected to Nemmers pro-
petty being zoned Light Industrial.
AN ORDINANCE providing that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by revi~ing Appendix
169
A thereof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, Iowa" to amend the zoning
map with regard to properties in the
Center Sector of the territory involun-
tarily annexed to the City of Dubuque,
Iowa, said Ordinance having been previ-
ously presented and read at the Council
Meeting of April 7, 1980, presented for
final adoption.
Council Member King moved to table
the Ordinance to meeting of May 19,
1980. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farre]l; Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Invitation for Develop-
ment Proposals for the construction of a
retail shopping complex, Downtown Ur-
ball Renewal Comp]ex, presented and
read.
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member Fel-
derman. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hcar~
ing to consider authorization of the exe-
cution of a Developers Designation
Agreement between the City and Ho-
mart Development Co. presented and
read.
No written objections were filed and
no ora] objectors were present in the
Council Chamber at the time set for the
Hearing.
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member Fel-
derman. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Fe]derman, King, Pratt.
Nays-None.
Communication of Community Devel-
opment Director submitting Developer
Designation Agreement with Homart
Co. presented and read.
Council Member King moved that the
communication be received and Bled.
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. 131.80
Authorizing Execution of Redeveloper
Designation Agreement with Homart
Development Company.
WHEREAS, pursuant to the Resolu-
tion No. 92-80, dated March 25, 1980 and
a Notice of Public Hearing published in
170 Regular Session. May 5. 1980
the Dubuque Telegraph-Herald. a news-
paper of general circulation in the City of
Dubuque, Iowa, on March 31.1980, City
Council met on May 5, 1990. at 7:30 p.m.
o'clock p.m., Central Time, in the City
Council Chambers. City Hall, Dubuque,
Iowa to consider the proposal to enter
into a Redeveloper Designation Agree-
meat with Homart Development Com-
pany, for real estate identified as Blocks
12, 18 14 and 17 in Debuque Downtown
Plaza of Dubuque, Iowa: and
WHEREAS, pursuant to said resolu.
tiou a copy of the Redeveloper's State-
meat of Public Disclosure was placed on
file in the Office of the City Clerk for pub-
Ifc inspection: and
WHEREAS. the City of Dubuque,
Iowa. overruled any and ail objections,
oral and written to the proposal to enter
into a Redeveloper Designation Agree-
meat with Homart Development Com-
puny.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Ssclion 1. That the Mayor and City
Clerk be and they are hereby authorized
and directed to enter into a Redeveloper
Designation Agreement with Homart
Development Company to secure their
participation in the planning and imple-
mentation of the redevelopment of
Blocks 12. 18, 14 and 17 in Dubuque
Downtown Plaza in the City of Dubuque,
Iowa.
Passed. adopted, and approved this
5th day of May. 1900.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Member.,
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Proof of Publication. certified to by
the Publisher. of Notice of Hearing on
Resolution of necessity on construction
of new roof and gutter system for City
Hall, presented and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing.
Council Member Pratt moved that the
0roof of publication be received and
Piled, Seconded by Council Member Fei-
derman. Carried by ~he following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
(Necensity 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 im-
provemen~ for the new roof and
gutter system for City Hall.
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-
[y owners a! the time of the Bna] 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 waiv-
ed ali objections thereto.
Said improvement shall be construct-
ed and done in accordance with the plans
and specifications which have been ap-
proved by the City Council and are now
on Ble with the City Clerk. That the cost
and expense of making said improve-
ment shall be paid from General Fund
land sales reserves.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 7th day of April. 1980.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 8th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L, Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vo~e:
Yeas-Mayor Farreli. Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Decision of Council upon objections
to plans, specifications, form of
contract and cost of improvements
RESOLUTION NO. 132.80
WHEREAS, proposed plans and spe-
cifications and form of contrac~ for the
new roof and gutter system for City Hall
Regular Session, May 5, 1980
have been approved by the City Council
of the City of Dubuque and public notice
given as provided by Chapter 384 of the
Code of Iowa, 1979, pertaining to public
cbntracts and bonds, and the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or con-
tract for or cost of such improvements,
said time being this 5th day of May, 1980;
and
WHEREAS, the City Council met in
regular session this 5th day of May,
1980, at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the pur~
pose of hearing all interested parties and
considering any and all objections whirl
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have been
duly weighed and considered;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That all objections which have been
made and filed to the plans, specifica-
tions, contract for or cost of said im-
provement herein described and propos-
ed to be made. be and the same hereby
overruled and such plans, specifications
and form of contract heretofore approv-
ed are hereby adopted.
BE IT FURTHER RESOLVED that
this resolution containing the decision of
this Council upon all objections which
have been filed to the plans, specifica-
tions and form of cost said improvement
be made a matter of permanent record in
connection with said improvement.
Passed, adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W, Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 133-80
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE:
17]
That pursuant to a Resolution of Ne-
cessity No. 97-80 which was duly passed
by this Council for the new roof and gut-
ter system for city hall, be and the same
are hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of property
owners. All the work shall be construct-
ed in accordance with the plans and spe-
cifications heretofore adopted and now
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said improve-
ment be paid from General Fund land
sales reserves.
BE IT FURTHER RESOLVED that
this resolution being deemed urgent and
of immediate necessity shall be in force
and effect from and after its passage and
adoption by the City Council.
Passed, adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman, Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Proof of Publication, certiBed to by
the Publisher, of Notice to Contractors
of receipt of proposals for construction
of new roof and gutter system for City
Hall, presented and read.
Council Member Pratt moved that the
proof of publication be received and
filed. Seconded by Council Member Fel-
derman. Carried by the following vote:
Yeas-Mayor Farrell, Councl] Mem-
bers Brady, Fe]derman, King, Pratt.
Nays-None.
Communication of City Manager re-
cmnmending award of contract on new
roof and gutter system for City Hall to
Giese Roofing Co., presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder~
man. Carried by the following vote:
Yeas Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 134-80
WHEREAS, sealed proposals have
been submitted by contractors for the
172
new roof and gutter system for City Hall
pursuant to Resolution No. 98-80 and no-
tice to bidders published in a newspaper
published in said City on April 16. 1980;
and
WHEREAS said sealed proposals
were opened and read on April 24, 1980.
and it has been determined that the bid
of Giese Roofing Company of Dubuque,
Iowa in the amount of $§8.551 was the
lowest bid for the furnishing of all labor
and materials and performing the work
as provided for in the plans and specifi-
cations:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
That the contract for the above men-
tioned improvement be awarded to
Giese Roofing Company and the Manag-
er be and he is hereby directed to exe-
cute a contract on behalf of the City of
Dubuque for the complete performance
of said work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and the
approval of the contractors bond the
City Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders,
Passed, adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Joha L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Proof of Publication, certified to by
the Publisher. of Notice of Hearing on
Resolution of necessity for construction
of Eighteenth. Seventh, and Dell Street
Steps, presented and read.
No written objections were fried and
no oral objectors were present in the
'Council Chambers at the time set for the
Hearing.
Council Member Felderman moved
that the proof of publication be received
~nd filed. Seconded by Council Member
Pratt. Carried by the follow~g vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt~
Nays-None.
Regular Session. May 5. 1980
I(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:
I1} The plan of such improvemem
(2) An estimate of the cost of the ira-
.provement for the construction of
the 18th. Seventh & 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-
~y owners at the time of the final consid-
eration of this proposed resolution have
on file with the City Clerk, objectmns to
the amount of the cost of the improve-
ment. they shall be deemed to have waiv-
ed all objections thereto.
Said improvemen~ shall be construct-
ed and done in accordance with the plans
and specifications which have been ap-
proved by the City Council and are now
on file with the City Clerk. That the cost
and expense of making said improve-
ment shall be paid from Community
Development Fund.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 7th dayofApril. 1980.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Fe]derman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
hers Brady, Felderman. King, Pratt.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 135-80
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That pursuant to a Resolution of Ne-
cessity No. 100-80 which was duly pass-
ed by this Council for the construction of
Regular Session, May 5, 1980
173
the Eighteenth, Seventh and Dell Street
steps.
Be and same is hereby ordered con-
structed by this Council upon its own
motion and with or without the petition
of property owners.
All work shall be constructed in ac-
cordance with the plans and specfficat-
tions heretofore adopted and now on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that
the coat and expense of said improve-
ment be paid from the Community De-
velopment Fund.
BE IT FURTHER RESOLVED that
this Resolution being deemed urgent
and of IMMEDIATE NECESSITY shall
be in force and effect from and after its
passage and adoption by the City Coun-
cil.
Passed, adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E, Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bets Brady, Felderman, King, Pratt.
Nays-None.
Decision of Council upon objections
to plans, specifications, form of
contract and cost of improvements
RESOLUTION NO. 138.80
WHEREAS, proposed plans and spe-
cifications and form of contract for the
construction of the Eighteenth, Seventh
and Dell Street steps have been approv-
ed by the City Council of the City of
Dubuque and public notice given as pro-
vided by Chapter 384 of the Code of
Iowa. 1979, pertaining to public con-
tr{~cts and bonds, and the time and place
fixed for the hearing of all objections to
said plans, specifications or contract for
or cost of such improvements, said time
being this 5th day of May, 1980; and
WHEREAS, the City Council met in
regular session this 5th day of May,
1980, at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the put-
pose of hearing all interested parties and
considering any and all objections which
have been filed to the proposed plans~
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have been
duly weighed and considered;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That all objections which have been
made and filed to the plans, specifica-
tions, contract for or cost of said im
provement herein described and propos-
ed to be made, be and the same hereby
overruled and such plans, specifications
and form of contract heretofore approv-
ed are hereby adopted.
BE IT FURTItER RESOLVED lhat
this resolution containing the decision of
this Council upon all objections which
have been filed to the plans, specifica-
tions and form of cost said improvement
be made a matter of permanent record in
connection with said improvement.
Passed, adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice to contractors of
receipt of proposals for construction of
the Eighteenth, Seventh and Dell Street
steps, presented and read.
Council Member Felderman moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bets Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager
commending award of contract to Ed-
wards Concrete Contractors for con-
struction of Eighteenth St., Seventh and
Dell Street steps, presented and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt~ Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King~ Pratt,
Nays~None.
174
Regular Session. May 5. 1980
(Awarding Contract)
RESOLUTION NO. 137.80
WHEREAS, sealed proposals have
been submitted by contractors for the
construction of the Eighteenth. Seventh
and Dell Street Steps - lSth Street
Steps IProject No. 1); 7th Street Steps
(Project No. 2): Dell Street Steps IPro-
ject No. 3) pursuant to Resolution No.
101-30 and notice to bidders published in
a newspaper published in said City on
April 16. 1980: and
WHEREAS~ said sealed proposals
w~re opened and read on April 24, 1980.
and it has been determined that the bid
of Edwards Concrete Contractors. Inc.
of Dubuque, Iowa in the amount of
336.538.20 was the lowest bid for the fur-
nishing of all labor and materials and
performing the work as provided for in
the plans and specifications;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
That the contract for the above men-
tioned improvement be awarded to Ed-
wards Concrete Contractors. Inc. and
the Manager be and he is hereby
directed to execute a contract on behalf
of the City of Dubuque for the complete
performance of said work.
BE IT FURTHER RESOLVED. that
upon the signing of said contract and the
approval of the contractors bond the
City Treasurer is authorized and in-
strutted to return the bid deposits of the
unsuccessful bidders.
Passed. adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bets Brady, Feldermam King, Pratt.
Nays-None.
ORDINANCE NO. 30.80
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA, AMENDING THE
CODE OF ORDINANCES OFTHE CITY
OF DUBUQUE, IOWA BY REPEALING
THE DEFINITION OF CITY ATTOR.
NEY AS SET OUT IN SECTION 1-2 of
CHAPTER 1 OF THE CODE OF ORDI-
NANCES AND ENACTING A NEW
DEFINITION OF CORPORATION
COUNSEL IN LIEU THEREOF, present-
ed and read
Council Member King moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. King, Pratt~
Nays-None.
Council Member Kiny moved that the
rule requiring an Ordinance to be re-
ceived and filed at two me e tings prior to
the me'ting 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. Feldermar~ King, Pratt.
Nays-None.
ORDINANCE NO. 30.80
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA BY REPEALING
THE DEFINITION OF CITY ATTOR-
NEY AS SET OUT IN SECTION 1.2 of
CHAPTER 1 OF THE CODE OF ORDI-
NANCES AND ENACTING A NEW
DEFINITION OF CORPORATION
COUNSEL IN LIEU THEREOF.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code o/Ordinanc-
es of the City of Dubuque, Iowa be and
the same is hereby amended by repeal-
ing the definition of City A ttorney as set
out in Section 1-2 of Chapter I thereof
and enacting a new definition of Corpor-
ation Counsel in lieu thereof to read as
.follows:
Sec. 1-2.
Corporation Counsel, The word
'corporation counsel'shall mean the
chief legal officer of the City.
Passed. adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael PA Pratt
Council Members
A TTES T:
Mary A. Davis
City Clerk
Published officiall~ in the Telegraph
Herald Newspaper this 9th day of May,
1980.
Mary A. Davis
City Clerk
It 5/9
Council Member King moved final
adoption of the Ordinance. Seconded by
Regular Session, May 5, 1.980
175
Council Member Felderman. Carried by
the following yote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Petition of Frank Hardie Advertising
Inc. requesting approval (by Ordinance)
to erect a 12' x 25' outdoor advertising
structure adjacent to property owned
by the Dubuque Packing Co. and Rowley
Interstate, presented and read.
Council Member Felderman moved
that the petition be referred to the City
Manager. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Petition of American Trust and Say-
ings Bank requesting permission to pro-
vide a series of 7 free concerts in the
Dubuqueland area during June, July and
August at Town Clock Plaza, Eagle
Point Park, Murphy Park, Flora Park,
presented and read.
Council Member Pratt moved that the
petition be approved subject to final ap-
proval by the City Manager and the
Park Board. Seconded by Council Mem-
ber Felderman. Carried by the following
vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Petition of Chris Derks and Cara Cal-
laghan requesting consideration for the
issuance of ice-skating passes for next
season at Five Flags suggesting a $15.00
fee, presented and read.
Council Member Felderman moved
that the petition be referred to the City
Manager and Five Flags Commission.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas~Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Petition of Wilfred Steffen et al (105
signers) requesting street lights on
Crescent Ridge, Starlight Drive and
Crescent Court, presented and read.
Council Member Pratt moved that the
petition be referred to the City Manager
and the Electrical Inspector. 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 sub-
mitting a resolution terminating the ad
hoc hotel and motel tax committee, pre-
sented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady. Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 138-80
Terminating the Ad Hoc Hotel and
Motel Tax Committee.
WHEREAS. under date of October 2,
1978, an ad hoc hotel and motel tax com-
mittee was established to promote a fa-
vorable consideration of the hotel and
motel tax referendum by the residents
of the City of Dubuque; and
W HERE AS, the task for which this ad
hoc committee was created has been suc-
cessfully completed;
NOW THEREFORE BE IT RESOL%
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the ad hoc hotel and
motel tax committee established Pete-
her 2,1978 be and the same is hereby ter~
mlnated.
Passed, adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
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-
commending sale of vacated property of
Elbow Street to Clem Hayes at the ap-
praisal price of $1000, presented and
read.
Council Member Felderman moved
tbat the communication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas Mayor Farrell, Council Mem~
bets Brady. Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 139.80
Resolution Approving Plat of Vacated
Elbow Street from the North Property
Line of Edith Street to the North Pm.
perry Line of Lot 164 I~ Belmont Addi.
tlon.
WHEREAS, there has been present-
ed to the City Council of the City of Du-
buque, Iowa a plat dated March 18,1980,
prepared by Barrels, LeMay, Haas, Fay
and Osborn Engineering Company, coy-
176
Regular Session. May 5. 1980
ering vacated Elbow Street from the
north property line of Edith Street to
the north property line of Lot 164 in Bel-
merit Addition in the Ctty of Dubuque,
Iowa: and
WHEREAS. said plat conforms to the
laws and statutes pertaining thereto:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section t. That tho plat dated March
18. 1980 prepared by Bartol, LeMay,
Haas. Fay and Osborn Engineering
Company, covering the real estate here-
in above described, be and the same is
hereby approved, and that the Mayor
and City Clerk he and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of Du-
buque. Iowa:
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this Reso-
lution in the office of the Recorder in and
for Dubuque County, Iowa,
Passed. adopted, and approved this
5th day of May, 1980,
Carolyn Farrel!
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrefi, Council Mem-
bers Brady, Fe]derman, King, Pratt.
Nays-None.
AN ORDINANCE approving race-
lion of Elbow Street from the North Pro-
perry Line of Edith Street to the North
Property Line of Lot 164 in Belmont Ad-
dition now platted as Lots 128 and 161A
in the amount of $1000.00. plus publica~
lion and filing fees, presented and read.
Council Member Felderman moved
that the reading just had be considered
Lhe first reading of the Ordinance, Sec-
onded by Coneil Member Pratt. Carried
by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Pratt. Carried by the
following vole:
Yeas-Mayor Farrefi, Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Council Member Felderman moved
that a public hearing be held on the Ordi~
aance on May 19, [980 at 7:30 o'clock p.m.
(D.S.T.) in the Council Chamber at City
Hall'and that the City Clerk be instruct~
ed to publish notice of the hearing in the
manner required by law. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor FarfelL Council Mem-
bors Brady, Felderman. King, Pratt.
Nays-None.
Communication of City Manager re~
commending vacation of right-of-way re-
served for access to Lot 1-2-1 of Lots 8
and 9 in Wilson's Dubuque to Mary J.
Duster, presented and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt. Carried by tho following vote:
Yeas-Mayor FarreB. Council Mem-
bors Brady, Felderman, Pratt.
Nays-None.
Abstain-Council Member King.
AN ORDINANCE vacating a right of
way across Lots 1-3 and 2-3 of Duster
Place and Lots 7 and 8 in Glen Curtis
Subdivision and directing Clerk to pub-
fish notice of intent to dispose of inter-
est, presented and read.
Council Member Felderman moved
that the reading just had be considered
the first reading of the Ordinance. Sec-
ended by Council Member Pratt. Car-
ried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bors Brady, Felderman. Pratt.
Nays-None.
Abstain~Council Member King.
Council Member Felderman moved
that the rule reqmrmg an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor FarrelL Council Mem-
bors Brady, Felderman. Pratt.
Nays-None.
Abstain-Councfi Member King.
Council Member Felderman moved
that a public hearing be held on the Ordi-
hence on May 19. 1980 at 7:30 p.m.
(D.S.T.) in the Council Chamber at City
Hall and that the City Clerk be instruct-
ed to publish notice of the hearing in the
manner required by law. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell. Council Mem-
bors Brady, Felderman. Pratt.
Nays-None.
Abstain-Council Member King.
Regular Session, May 5, 1980 177
Petition of the Colts Drum and Bugle in granted is expressly conditioned on
Corps requesting permission to conduct permittees'agreement to:
a circus at the Riverside Bowl parkin~
lot on July 4th and 5th, presented am
read,
Council Member King moved that the
petition bn approved and fee waived.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
ORDINANCE NO. 31.80
AN ORDINANCE AUTHORIZING
LARRY R. AND DIANE R. HILL REVO.
CABLE PERMIT AND AUTHORITIED
TO CONSTRUCT CLASS C FIRE ES-
CAPE AT 1497 CENTRAL AVE., pre-
sented and read.
Council Member Pratt moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem~
bors Brady, Felderman, King, Pratt.
Nays-None.
Council Member Pratt moved that th,
rule requiring an Ordinance to be receiv-
ed and Bled at two meetings prior to the
meeting when final action is taken, be
dispensed with. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas-Mayor Farrefi, Cooneil Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
ORDINANCE NO. 31-80
AN ORDINANCE AUTHORIZING
LARRY R. AND DIANE R. HILL REVO.
CABLE PERMIT AND AUTHORITY TO
CONSTRUCT CLASS C FIRE ESCAPE.
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Larry R. and Diane
R. Hill as owners of the premises known
as 1697 Central Ave., Dubuque, Iowc,
and legally described as N l/~ of N, 1/5 of
City Lot 450 in the City of Dubuque,
Iowa be and they are hereby granted the
revocable permit and authority to con-
struct and maintain a Class "C" Fire Es-
cape under the terms and conditions set
forth in this Ordinance,
Be¢l]on 2. That such construction
shall be done in accordance with plans
here to fore submitted by pevmittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all ap-
plicable state and federal laws and reg-
ulations, and the Ordinances of the City
of Dubuque.
Section 3. That the permission here-
a) Assume all and any liability for
damages to persons or propert~
which may result frem the existence,
location, installation, constructlanor
maintenance of said Fire Escape;
b) Pay on behalf of the City of Du.
buque, all sums which the City of Du-
buque shall become obligated to pay
by reason of the liability imposed
upon the City of Dubuque for damag-
es of any kind resulting from the lo-
cation, installation, existence, con-
struction or maintenance ofsaidFire
Escape sustained by any person or
persons, caused by accident or other-
wise to defend at its own expense
and on behalf of said City any claim
against the City of Dubuque arising
out of the location, installation, exis-
tence, construction or maintenance
of the Fire Escape and to pay re~-
sonable attm~ley fees therefore: and
~) Indemnify and hold the City of
Dubuque free and harmless from any
and all claims, loss, liability and ex-
pense for death and/or injuries to
third persons or damages to proper-
ty of third persons or damages to pr~-
perry of third persons, for damage to
any property of the City of Dubuque
which may occur ~ a result of or in
connection with the Iocatio~ i~ztalla-
repair or the facility, work or im-
provevlent permitted herein.
Sznfiol~ 4. That the permission here-
in granted is expressly conditioned upon
permittees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their suc-
abutting property, shall within ten tlOl
days after receipt of written notice from
the City Manager, so to do, at their own
in the event of their failure so to do, the
City of Dubuque shall be authorized to
remove said Fire Escape at permittees'
expense and dispose of the same, and the
~ermittee shall have no claim against
the City or its agents for da~nages re~
suiting from the removal of said Fire
Escape.
Section 5. That permittees covenant
and agree that the revocable peri, it
herein granted does not constitute an
approval of the design, erectio?~ Iota-
hence (~f said facility a~d said perm. ittees
such claim or defense against the City of
Dubuque in the event of clain~ asserted
for death, perso~ml i~uries and/or prop-
178
arty damage against the permittees aris-
ing out of or in any way connected with
the locatio~ installation, cons~ruc~o~
desig~ repmr and maintenance of th~
facility herein permitted.
Sontion 8. This Ordinance shall be-
come effective and the rights hereunder
accrue to Larry R. Hill when this Ordi-
nance has been adopted by the City
Council and the terms and conditions
thereof accepted by permittees by ac-
ceptance endorsed on this Ordinance.
Ss~Uo~ ?. That the City Clerk be and
he is authorized and directed to file at
permittees ' expense a copy of this Ordi-
nance in the office of the Recorder in and
for Dubuque County, Iowa,
Passed. adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
A TTE$ T:
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 31.80
The undersigned having read and be*
mg familiar with the tewns and condi.
lions (l£ Ordinance No, 31-80 hereby, for
as owners of the abutting property, ac-
cept the same and agree to be bound by
~he conditions and agreements therein
~ontained to be performed by permit-
Dated: ~-29-80
By: Larry R. Hill
President or Vice-President
By Diane R. Hill
Secretary or other Officer
Published offieiall~ in the Telegraph
Herald Newspaper this 9th day of May.
I980.
Mary A. Davis
City Clerk
It 5/9
Council Member Pratt moved final
adoption of the Ordinance. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor FarrelL Council Mem-
bars Brady, Felderman, King, Pratt.
Nays~None.
Commmdcation of City Manager re-
questing approval of capital project
items in the amount of $8,075.000 and
~urther requestlng authorization to initi-
ate formal proceedings leading to the
sale of bonds, presented and read
Council Member King moved that the
Regular Session, May 5, 1980
communication be received and filed and
that the City Manager be authorized to
initiate formal proceedings. 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 re~
questing Council direction of how to pro-
ceed with the request from the Dubuque
Medical Transport Co. for ambulance
license was presented and read.
Council Member Felderman moved
that the communication be received and
filed and tabled to the Council Meeting
of May lgth. Seconded by Council Mem-
ber Brady. Carried by the following
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Communication of City Manager
questing adoption of a resolution author-
izing execution of a contract with Kirk-
Gross Co. for the purchase of miscellane-
ous furniture for the library, 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. 140.80
Resolution Approving Award of Con.
tract for Miscellaneous Furniture for
the Carnegie. Stout Library.
WHEREAS, informal bids were re-
quested and sealed proposals were re-
ceived on April 8.1980 for supplying
cellaneous furniture for the Carnegm-
Stout Library; and
WHEREAS. said sealed bids were
opened and read on April 8. 1980 and it
was determined that Kirk-Gross Com-
pany, Waterloo. Iowa in the amount of
$36,245.42 was the lowest bid for the
supplying of furniture as provided in the
plans and specifications;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1, That the contract for the
supplying of furniture as identified as
Base Bid 3B. 3E. 3G. 3I. and 3J of the
plans and specifications be awarded to
Kirk-Gross Company. Waterloo, Iowa.
Bection 2. That the City Manager be
and he is hereby directed to execute a
con~rac~ on behalf of the City of Dubu-
que for the complete performance of said
work.
Regular Session, May 5, 1980
179
Passed, adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L, Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
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.
Petition of HRW Associates request-
lng additional time to submit a final de~
velopment plan for their property for six
months or until December 3, 1980, and
that the reclassification of the property
remain as "C-6 Planned Com~nercial Dis-
trlct" and that the developer be granted
an opportunity to appear (forward from
last meeting) presented and read.
Council Member King moved that this
petition be referred to the meeting of
May 19. Seconded by Council Member
Felderman. Carried by the followin
vote:
Yeas-Councii Members Felderman
King, Pratt.
Nays-Mayor Farrell, Council Membe~
Brady.
Communication of City Manager sub-
mitting resolution authorizing execu-
tion of the Agreement with Urban Mass
Transportation Administration to pro-
vide a maximum payment of $363,998 for
operation expenses of the transit system
for period of July 1, 1979 thru June 30,
1980, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas~Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt,
Nays-None.
RESOLUTION NO. 141-80
Authorizing Execution of the Agree-
ment with the Urban Mass Tranuporta.
tton Administration.
WHEREAS, under the date of April 4,
1980, the Urban Mass Transportation
Administration tendered an agreement
to provide a maximum payment of
$363,998 to the City of Dubuque to assist
in meeting the operating expenses of the
transit system for the period of July 1,
1979 through June 30, 1980.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section ~. That the Mayor of the City
of Dubuque is hereby authorized and di-
rected to execute the agreement with
the Urban Mass Transportation Admin-
istration for operating assistance for the
period of July 1, 1979 to June 30, 1980.
Passed, adopted, and approved this
5th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop
tion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas~Mayor Farrel], Council Mem
bars Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager re-
questing filing approval of public official
bond of Mary A. Davis, City Clerk, pre-
sented and read.
Council Member Fclderman moved
that the communication be received and
filed, and filing approved. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas~Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Petition of Dubuque Downtown Asso-
ciation requesting permission to hold a
carnival in the undeveloped area of Ur-
ban Renewal on May 22 thru May 26,
presented and read.
Council Member Pratt moved that
this petition be approved, subject to
final approval by the City Manager.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrell; Council Mere
bars Brady, Felderman, King, Pratt.
Nays-None.
Communication of Housing Rehabili-
tation Commission requesting confirma-
tion of appointment of Ann Schroeder to
represent Rahab. on the Community De-
velopment Commission, presented and
read.
Council Member King moved that the
communication be referred to the meet-
ing of May 19. Seconded by Council
Member Fe]dermam Carried by the fol-
lowing vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
180
Regular Session. May 5. 1980
Communication of Richard Zimmer
submitting his resignation from the
Civil Service Commission, presented
and read.
Council Member King moved that the
resignation be accepted, with regret.
Seconded by Council Member Felder-
man, Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
Request for transfer of Liquor Li-
cense from 951 Main St. to Town Clock
Plaza on May 17. 1980, by David Wetter
and Joseph McGinnis d/b a The Bistro.
presented and road. Council Member
Felderman moved that the request be
approved. Seconded by Council Member
Pratt. Carried by the fo]lowing vole:
Yeas-Mayor FarreB, Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
RESOLUTION NO. 142.80
BE IT RESOLVED BY THE 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 within the City of Du-
buque, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
Kandis L. and Raymond L. Hagg-
strom -- 3412 Pennsylvania Ave.
Passed. adopted, and approved this 5th
day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W, Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution, Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 143.80
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bonds;
NOW 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 "B" BEER PERMIT
Evening ,Optimist Club of Dubuque,
Iowa (Also Sunday Sales) - McAleece
Recreation Area.
CLASS "C" BEER PERMIT
Raymond L. and Kandis L. Hagg-
strom ~Also Sunday Salesl - 3412 Penn-
sylvania Ave.
Beecher Company Inc. ,Also Sunday
Sales) - 1691 Asbury Road.
Beecher Company Inc, IAlso Sunday
Sales) -- 2399 White St.
Passed, adopted, and approved this 5th
day of May, 1980.
Carolyn Farrell
Mayor
James E. Braoy
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A Davis
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.
RESOLUTION NO. 144-80
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; ~nd
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 applicants a Liquor License,
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Kathleen M. Walsh -- 2093 Washing-
ton St,
D. B. Q. Inc. (Also Sunday Sales) - 4th
and Locust Streets.
Thelma T Lehman -- 1401Elm Street.
J & RC Inc. (Also Sunday Sales) -- 431
Rhomberg Ave.
J. R. Bainbridge (Sunday Sales Only~
- 1375 Locust St.
Mary Kathryn Ford - 1027 Rhom-
berg Ave.
Judith Ann Schiel (Also Sunday Sales)
- 342 Main Street.
Regular Session, May 5, 1980
:181
Passed, adopted, and approved this 5th
day of May, 1980.
Carolyn Farrel]
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A~ Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt, Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Peoples Natural
Gas submitting their annual report for
1979, presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem~
bets Brady, Felderman, King, Pratt.
Nays-None.
Communication of Peoples Natural
Gas advising of a gas rate increase on
bills issued after May 9, 1980 less than
$1.00 a year, presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Iowa Department
of Environmental Quality advising of is-
suance of a sanitary sewer extension
permit to Clarke Crest Estates Phase V,
presented and read.
Council Member King moved that the
communication be received and filed,
with copies to the respective depart-
ments. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bets Brady, Felderman, King, Pratt.
Nays-None.
Communication of Gary R. Grimme
submitting a complaint involving huw
get; job discrimination and blaming
various City and County agencies by fail-
ing in their obligations to the public, pre-
sented and read.
Council Member King moved that this
communication be referred to the
Human Rights Department. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Auditor of State of
Iowa submitting Highway Safety pro-
gram financial statement and supple-
mental data (ASAP) from 10-1-78 to
9-30-79, presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of League of Iowa
Municipalities requesting input and re-
commendations onthe subject of League
Policy Development and statements of
concern, input deadline is June 6, 1980,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem
bets Brady, Felderman, King, Pratt.
Nays-None.
Notice from the Federal Communica-
tions Commission in the matter of the
Petition of KDUB-TV Inc. for special re-
lief for continued network non-duplica-
tioo protection against significantly
viewed signal, presented and read.
Council Member King moved that the
notice 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.
Notice from the Federal Communica-
tions Commission in the matter of the pe-
tition of KDUB-TV Inc. for special relief
submitting petition to stay PENDENTE
LITE, presented and read.
Council Member King moved that the
notice 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 Teleprompter
Cable TV requesting permission to pre-
sent information regarding their new
Cable TV system, presented and read.
Council Member King moved that the
communication be received and filed,
and that the proposal be referred to the
City Manager and the Cable Commis-
sion and Council to prepare for election.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Bethany Home sub-
mitting their annual audit and Financial
Statement in accordance with the Loan
182
Regular Session. May 5. 1980
Agreement with the City of Dubuque,
presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman King, Pratt,
Nays-None.
Communication of City Manager re-
commending filing of document relative
to Iowa Natural Resources Council
Order No. 80-99 approving placement of
Fill Materials or Harem Island. pre-
sented and read.
Council Member King moved that the
communication be received and filed,
Seconded by Council Member Pratl
Carried by ~he following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
MINUTES SUBMITTED -- Housing
Code Advisory and Appeals Board of
2-13. 4-9. Five Flags Commission of 4-9
and 4-16. Housing Commission of 4-15.
Human Rights Commission of 3-12.
Transit Trustee Authority of 4-4. Play-
ground and Recreation Commission of
4-8. Park Board of 4-25, Airport Commis~
sion of 4-25, Planning and Zoning Com-
mission of 4-16. Council Member King
moved that the minutes be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Pelderman. King, Pratt.
Nays-None.
Proof of Publication. certified to by
the Publisher. of proof of claims and dis-
bursements for the month of March.
1980, presented and read,
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member
Pratt. Carried by the followivg vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Communication of Corporation Couw
scl recommending denial of car damage
claim of Michael W. Burds. no negligence
on the part of the City, presented and
read,
Council Member King moved that the
communication be received and filed and
recommendation of denial approved.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None
Communication of Corporation
Counsel recommending denial of person-
al injury claim of Reinhardt R. Rusch. no
negligence on the part of the City, pre-
sented and read.
Council Member King moved that the
communication be received and filed and
recommendation of denial approved,
Seconded by Council Member Prat~
Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt,
Nays-None.
Cc mmunication of Corporation
Counsel recommending settlement of
~he personal injury claim of Margaret
Lubbers in the amount of $52.00, pre-
sented and read.
Council Member King moved that the
communication be received and filed,
and approval of the claim be made. Sec-
onded by Council Member Pratt. Car-
ried by the following vote:
Yeas-Mayor Farrefi. Council Mem-
bers Brady, Felderman. King, Pratt
Nays-None.
NOTICES OF CLAIMS -- Elaine
Woodrum. in an undetermined amount.
for personal injuries received asa result
of stepping on a manhole cover at 1350
Nowata St. on 4-9-80: James C. Eller-
man. in an undetermined amount, for
personal injuries received in a fall
through an open grote in the sidewalk at
1626 Central Ave. on April 14. 1980.
Council Member King moved that the
Notice of Claims be referred to the Cor-
poration Counsel. Seconded by Council
Member Pratt. Carried by the following
vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Proofs of publication, certified to by
the Publisher. of Public Notice of Intent
of Community Development Commis-
sion co file a request for Block Grant
Funds for Radford Road Land Purchase.
Community Block Grant Agreement ap-
plications for fifth and sixth years: all
published 4-8-80, presented and read,
Council Member King moved that the
proofs of publication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Prell
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.
Mary A. Davis
City Clerk
Regular Session, May 5, 1980
Approved ...................... 1980
Adopted ..~ .................... 1980
183
Council Members
ATTEST:
City Clerk
184
Special Adjourned Session, May 19, 1980
CITY COUNCIL
OFFICIAL
Special Adjourned Session, May 'l 9,
Comlcll met at 7:30 P.M. (C.D.T.) -
Presenf · Mayor Ferrell, 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 is an ADJOURNED SESSION
OF THE REGULAR SESSION HELD
ON MAY 5, 1.980 of the City Council call-
ed for the purpose of continuing the Pub-
lic Hearing to Amend the Zoning Map
with regard to properties in the Center
Sector and also acting npon such other
business as may properly come before
the Meeting.
Invocation was given by Father Wil-
liam Schwartz of St. Anthony's Parish.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to vacate and dispose of real estate
described a~ Lots 128A and 16lA in Bel-
mont Addition, presented and read.
No written objections were filed.
Council Member Brady moved to sus-
pend thc rules. Seconded by Council
Member Felderman, Carried by the fol-
lowing vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Merlin Kruser addressed the Council
advising he had no objection to the vaca-
tion, but stating the next street north
had never been opened: submitted oral
input from a letter dated January 6,
1.976, from tile Board of Supervisors ap-
proving to have street opened; request-
ed Council ~v look a~ situation before
vacatms alley and opening adjoining
Eugene Kuehn on behalf of his father-
in-law Clem Hayes advised Council and
Staff they had no intent to stop access to
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member Fel-
derman. Carried by the following vo~e:
Yeas~Mayor Farrell Council Mem-
bers Brady, Felderman. King~ PratL
Nays-None,
ORDINANCE NO. 32.80
AN ORDINANCE VACATING ELBOW
STREET FROM THE NORTH PROPER.
TY LINE OF EDITH STREET TO THE
NORTH PROPERTY LINE OF LOT 164
IN BELMONT ADDITION, said Or-
dinance having ~een previously
presented and read al the Council
Meeting of May 5, 1980, presented for
final adoption.
ORDINANCE NO. 32-80
AN ORDINANCE VACATING ELBOW
STREET FROM THE NORTH PROPER.
TY LINE OF EDITH STREET TO THE
NORTH PROPERTY LINE OF LOT 164
IN BELMONT ADDITION.
WHEREAS, Mr. Clem H~yes has re-
quested the vacation of Elbow Street
from the north property line of Edith
Street to the north property line of Lot
16~ in Belmont Addition in the City of
Dubuque, Iowa; and
WHEREAS, Barrels, LeMay, Haas,
Fay and Osborn Engineering Company
has prepared and submitted to the City
Council a plat showing the vacated
street and assigned lot numbers there-
to, and which shall hereafter be known
and described as Lots 128A and 161A in
Belmont Addition in the City of Dubu-
que, Iowo; and
WHEREAS, the City Council of Du-
buque, Iowa has determined that this
street is no longer required for public
use and the vacation of said street
known as Lots 128A and 161A in Bel-
mont Addition in the City of Dubuque,
Iowa should be approved.
NOW THEREFORE, BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That said real estate de-
scribed as Lots 128A and 16lA in Bel-
mont Addition in Dubuque, Iowa be and
the same is hereby vacated.
Section 2. That the City Clerk be and
he ~s hereb~ authorized and directed to
cause Notice of intent to dispose of said
real estate described as Lots 128A and
161A in Belmont Addition,
Socflon 3. That the conveyance of
said lot to Clem Hayes be and the same
is hereby approved upon payment of
$1.000.00. and upon payment of publica-
tion and filing fees
Passed, adopte~ and approved this
19th day of May, 1980.
Carolyn Farre Il
Mayor
James E. Brady
D. Michael King
John L, Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Published officially iv. the Telegraph
Herald newspaper this 23rd day of May,
1980
Mary A. Davis
City Clerk
Council Member King moved final
adoption of the Ordinance~ Seconded by
Council Member Felderman. Carried by
the following vote:
Special Adjourned Session, May 19, 1980
185
Yeas~Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 145.80
WHEREAS, pursuant to Resolution
and published notice of time and place of
hearing, published in the Telegraph-
Hera]d, a newspaper of genera] circula-
tion, published in the City of Dubuque,
Iowa on May 8, 1980, the City Council of
the City of Dubuque, Iowa met on the
19th day of May, 1980, at 7:30 o'clock
P.M. (DST) in the City Council Chain-
bors, City Hall, Dubuque County, Iowa
to consider the proposal to dispose of in-
terest of the City of Dubuque, Iowa in
real estate being the vacation of Elbow
Street from the north property line of
Edith Street to the north property line
of Lot 164in Belmont Addition, now plat-
ted and known as:
Lot 128A and 16lA in Belmont Addi-
lion in the City of Dubuque, Iowa
to CLEM HAYES; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or written, to the
proposal to dispose of interest of the
City of Dubuque, Iowa in the herein-
above real estate to the above named
Grantee;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY O? DUBUQUE, IOWA:
Section 1. That the disposal of inter-
est of the City of Dubuque, Iowa in the
vacated portion of Elbow Street as
above set out, and which is now platted
and known as Lot 128A and 161A in Bel-
mont Addition in the City of Dubuque,
Iowa to CLEM HAYES, be and the same
is hereby approved for the sum of
$1,000.00 plus publication costs and fil-
ing fees; that the conveyance shall be by
Quit Claim Deed, and no abstract will be
furnished by the City and that said cow
veyance shall he subject to and the City
shall retain a perpetual easement unto
itself, in, over and across said vacated
portion of Elbow Street for public utili-
ties, located therein and right of ingress
and egress to repair and maintain the
Section 2. That the City Clerk be and
she is hereby directed and authorized to
deliver Deed of Conveyance conveying
the above described real estate to the
above named Grantee upon receipt of
the purchase price in full.
Secfion 3, That the City Clerk be and
she is hereby authorized and directed to
record a certified copy of this Resolution
in the offices of the Dubuque County
Recorder, the Dubuque County Auditor
and the City Assessor.
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor FarrelL Council Mem-
bets Brady, Felderman, King, Pratt.
Nays None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to vacate City's interest in right of
way across Lots 1-3 and 2-3 of Duster
Place and Lots 7 & 8 in Glen Carris Sub
division, presented and read.
No written objections were filed and
no oral objectors were present in the
Council Chambers at the time set for the
Hearing.
Council Member Felderman moved
that the proof of publication be received
and filed, Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, Pratt.
Nays~None.
Abstain-Council Member King.
ORDINANCE NO, 33-80
AN ORDINANCE VACATING A RIGHT
OF WAY ACROSS LOTS 1-3 AND 2.3
OF DUSTER PLACE, AN D LOTS 7 AN D
8 IN GLEN CARRIS SUBDIVISION,
HAVING BEEN PREVIOUSLY PRE-
SENTED AND READ AT THE COUN-
CIL MEETING OF MAY 5, 1980, pre-
sented for final adoption,
ORDINANCE NO. 33-80
AN ORDINANCE VACATING A RIGHT
OF WAY ACROSS LOTS 1.3 AND 2-3
OF DUSTER PLACE, AND LOTS 7 AN D
8 OF BLOCK II IN GLEN CARRIS SUB-
DIVISION.
WttEREAS, there exists an 18 foot
wide right of way across Lots 1-3 and 2.3
of Duster Place, and Lots 7 and 8 of
Block H in Glen Carris Subdivision in
the City of Dubuque, Iowv; and
WHERI~]AS, the owner of Lot 1-3 in
Duster Place has petitioned for the va-
cating of said right of way; and
WHEREAS, the City Council of Du-
buque, Iowa has determined that said
right of way is no longer required tv
serve Lot 1-2-1 of 8 and 9 in Wilson's Du-
buque Subdivision; and
WHEREAS, there also exists an ~8
186
Special Adjourned Session. May 19. 1980
across said right of way;
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City's interest
the right of way across lots 1-3 and 2~3 in
Duster Place. and lots 7and 8 of Block H
in Gkn Carrie Subdivision be and the
same is hereby vacated.
Section 2, That the existing 18foot
~am ~nJ~tll force and effect.
Section 3. That the City Clerk be and
she is hereby autho~zed and directed to
cause Notice o] h~tent to dispose of the
City's interest ~n said right of way
across lots 1-3 o:nd 2~3 of Duster Place.
and lots 7 and 8 of Block H in Glen Carrie
Subdivision.
SecUoo 4. That the City Clerk be and
she is hereby authorized and directed to
file a certified copy of this ordinance in
the office of the County Recorder in and
for Dubuque County, Iowa,
SecUo~ 5. That the vacation of the
City ~ interest be and the same is hereby
approved upon payment of publication
and filing fees.
Passed. ~opted, and approved this
~gth day of May,
Carolyn Fa~ell
Mayor
,]ames E. Brady
D. Michel King
John L, Felde~a~
Michael ~ Pratt
Council Mom bors
ATTESTS'
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald Ne wspaper thi~ 23rd day of May,
1980,
Mary A. Davis
City Clerk
Council Member Felderman moved
final adoption of the Ordinance. Second-
ed by Council Member Pratt. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman. PratL
Nays-None.
Abstain-Council Member King.
RESOLUTION NO, 146.80
WHEREAS. pursuant to Resolution
and published notice of time and place of
hearing, published in the Telegraph-
Herald. a newspaper of general circula~
tion, published on May 8, 1980 in the City
of Dubuque, Iowa. the City Council of the
City of Dubuque, Iowa met on the 19th
day of May, 1980 in the City Council
Chambers in the City Hall, Dubuque,
Iowa at 7:30 o'clock P.M. (DST) to consid-
er the vacation and release of the City's
interest in right-of-way across Lot 1 of
Lot 3 and Lot 2 of Lot 3 in Duster Place.
and Lots 7 and 8 of Block II in Glen Car-
ris Subdivision in the City of Dubuque,
Iowa and that the City of Dubuque Iowa
will retain unto itself the existing 18'
wide sanitary sewer easement hereto-
fore granted to the City, as shown on
copy of plat hereto attached and by ref-
erence made s part hereof: and
WHEREAS. the City Council of the
City of Dubuque, Iowa deems it in the
best interests of the public that the va-
cation of said right-of-way be granted
and that the City of Dubuque retain the
existing sanitary sewer easement unto
itself:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SecUon 1. That the proposal to va~
ca~e and release the right-of-way across
Lot 1of Lot 3 and Lot 2 of Lot 3in Duster
Place. and Lots 7 and 8 of Block II in Glen
Carrie Subdivision in the City of Dubu-
quo. Iowa as hereinabove set out. to the
owner, be and the same is approved upon
payment of publication costs and filing
fees by the owner, and subject to the
City's retaining unto itself the existing
18' sanitary sewer easement and said
easement shall remain in full force and
effect in, over. and across said right-of-
way to repair and maintain the said sani-
~ary sewer.
SeuUon 2. That the Mayor and the
City Clerk be and they are empowered
to execute any documents necessary m
the releasing and vacation of said right-
or-way.
Seution 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the office of the
Dubuque County Recorder.
Passed, adopted and approved this
19th day of May, 1980.
Caroiyn Farrel]
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W, Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. Pratt.
Nays-None.
Abstain-Council Member King.
Proof of Publication. certified to by
the Publisher. of Notice of Public Hear-
ing to amend the Zoning Ordinance by
Special Adjourned Session, May 19, 1980
reclassifying the southerly 550' of Lot
of NW¥4 of SWV4 of Section 28, T89N,
R2E of 5th P.M. from AG Agricultural to
C-3 Arterial Business Commercial Dis-
trict, presented and read.
No written objections were filed.
Attorney Leo McCarthy addressed
the Council on behalf of his client, Mr.
Schlitz, and stated that the amendment
of the Zoning Ordinance be approved in
view of the time factor for development.
Mr. John Dougherty, an Engineer
with the Soil Conservation Service,
pressed his professional viewpoint re-
garding care taken for control of erosion
with that particular type of soil, and
stated that erosion would be totally con-
trollable with proper safeguards.
Attorney David Leifker expressed
concern of possible problems with ero-
sion and contamination of nearby Cat-
fish Creek.
Mr, Dick Schlitz stated that this mat-
ter had to be approved soon so that de-
velopment could be started, that they
did need the entire site for their project,
and that proper safeguards would be
utilized to control erosion.
Council Member Pratt moved that the
Proof of Publication be received and
filed. Seconded by Council Member Fel-
derman, Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
AN ORDINANCE of the City of Du-
buque, Iowa providing that the Code of
Ordinances, City of Dubuque, Iowa be
amended by revising Appendix A there.
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifying property located
north of U.S. Highway 20 from AG Agri-
cultural DistriCt to C~3 Arterial Busi-
ness/Commercial District, Sly 550' of
Lot I of NW V~ of SW ~/4 of Sec. 28 T89N
R2E, said Ordinance having been previ-
ously presented and read at the Council
Meeting of April 21, 1980, presented for
final adoption.
Council Member Brady moved that
the Ordinance be referred to Corpora-
tion Counsel for addition of three amend-
ments: 1. compliance with Iowa State
Standard runoff; 2. no accessibility lo
proposed Northwest Arterial road; and
3. rezone all property to C-3 Classifica-
tion, except the northeast corner. Sec-
onded by Council Member Felderman.
Carried by the following vote:
Yeas-Council Members Brady,
Felderman, Pratt,
Nays~Mayor Farrell, Council Member
King.
Communication of City Manager re-
questing to discuss the issue and how to
proceed with the request from Dubuque
187
Medical Transport Co. requesting an
ambulance license, presented and read,
Council Member King~ moved that the
communication be received and filed and
Alternatlve No. 1, which specifies that
no issuance of the license be approved.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas~Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Attorney Wm. Fuerste, representing
the three petitioners for said license
(Neyens, Pflffner, Uskavitch), express~
ed disappointment with motion, and
stated that'the Petitioners in his opinion
had followed all procedures in exact ac-
cordance with the Ordinance covering
the issuance of an ambulance license.
Petition of H.R.W. requesting exten
sion of period of six months or until Dec.
3, 1980 for final development plan and
that reclassification of property remain
as C-6 Planned Commercial District, pre-
sented and read.
Council Member King moved that the
~eUtion be received and filed and re-
quest approved. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Council Members Felderman,
King, Pratt.
Nays-Mayor Farrell, Council Member
Brady.
Attorney Roberi Bertsch, on behalf of
tt.R.W. Associates, stated that the re-
quest for additional time was necessary
for economic reasons of the developer
and the owner, though assurance was of-
fered that the major tenants have signed
their leases.
AN ORDINANCE providing that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by revising Appendix
A thereof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, Iowa," to amend the Zoning
map with regard to properties in the
Center Sector of the Territory involun-
tarily annexed to the City of Dubuque,
Iowa, said Ordinance having been
previously presented and read at the
Council Meeting of April 7, 1980, and
May 5, 1980, presented for final adop-
tion.
Communication of Attorney Hughes
requesting to address the Councll on
behalf of his client, Julian G, Nemmers,
on the matter of the Planned Industrial
Znning classification for the Nemmers
property, presented and read.
Attorney Hughes spoke to the com~
munication and asked the Council to con-
sider the application of Planned Indus-
trial District on Nemmers property, de~
voted to Industrial Use; logical use for
property is Planned Industrial District.
188
Special Adjourned Session. May 19. 1980
Council Member Felderman moved
that the Communication be received and
tiled and this matter be referred to Plan
ning and Zoning for their Public Hear-
ing. Seconded by Council Member Pratt.
Carried by the following vol, e:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. King Pratt.
Nays-None.
Petition of Gall Windman et al
signersl opposing zoning that would aL
low commercial development on the
Hansel proper~y East of Cedar Cross
Road and South of Starlite Drive. and pe-
tition of Gall Windman et al (46 signersl
opposing further commercial and indus-
trial development along Cedar Cross
Road because of the lack of adequate
roads to service this area, presented and
read.
Gall Windman spoke to the petitions
and elaborated on the viewpoint of her-
self and the other petition signers that
industrial zoning would create an island
of a few residential homea, and that the
lack of adequate roads tc service the
area would be detrimental.
Council Member Felderman moved
that the petitions bo received and filed
and referred to Planning and Zoning.
Seconded by Council Member Pratt
Carried by the following vote:
Yeas-Mayor Farrel]. Council Mom
bors Brady, Felderman. King, Pratt.
Nays-None.
Dr. Neumetster of Crescent Ridge
spoke to the Council of the difficulty in-
volved in getting materials and people to
an(] from an industrial district, with the
adequate roads and bridges, and viewed
increased traffic as detrimental to the
area.
Sam Perry of 8180 Sequoia Circle ex-
pressed his personal viewpoint that he is
nor supportive of Industrial Develop-
ment for three reasons: 1 road situation
is bad. 2/it would isolate homes in indus-
trial developmen~ area and 3) he sup-
ports a Catfish Creek green area.
Dan Riley o~ 2505 Knob Hill stated
shat all the roads around this area have
bridges with limits of 14 ton which wonld
definitely curtail large trucks. He point-
ed out thai there is to be a corridor study
done in ]983, but it will be many years
before the roads can be done properly.
Also, erosion p~oblems would not be as
great with residential development as
with industrial, so against industrial
Linda Patrick of 1015 Valentine Dr. on
behalf of many residents in the sur-
additional truck traffic.
Kerln Moldenhauer of 1250 Nowata
St, read a letter of Jim Rooks which ex
Catfish Creek area.
Jeff Hansel of 439 Tamarack declared
that in his viewpoint, traffic would be
less if it was zoned industrial because if
it was developed residentially, there
would be 6 lots to an acre. and therefore
possibly 1200 living units.
Keith Vickery et 290 Southga~e
quoted the Gruen Report of 1965. which
cost considerable money, and this repor~
stated that this area should be zoned res-
idential with an extensive greenbelt.
Mary Ellen Landwehr of 2403 Knob
Hill expressed an opinmn against indus-
trial development, as this makes for an
unsightly view from their residential
homes, and also berates the additional
traffic hazard afforded the school chil-
dren.
David Leifker of 1150 Victoria. as
President of Dubuque County Conserva-
tion Society, s~ated that it seemed ironic
to cut down ~rees for development and
then end up replanting trees, which
that developmen~ would create prob-
lems for Catfish Creek.
Dr. Julian Nemmers of 500 Sunset
Ridge expressed the view that this area
needs proper development.
Dr. Mary Ellen Harris of 2239 Univer.
sity stated that this area needs well plan
ned development so that there are minor
wa~er r un-off and erosion problems to be
solved later.
John Henn of 2483 Knob Hill stressed
the property should be zoned residential
because of the multitude of problems
presented if zoned industrial, Le. buffer-
ing problems with tall buildings, water
ditions, ere
Sheila Sorensen of 255 Southgate felt
that an industrial zoning would not be a
good plan for the City.
Council Member Felderman moved
that the Ordinance approving zoning for
properties in the Center Sector be refer-
red to the Planning & Zoning for their
public hearing and consideration be
made that properties be put in holding
status until proper time and remain in
AG Agricultural zoning. Seconded by
Council Member Pratt. Carried by the
following vo~e:
Yeas-Mavor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Petition of Curule Heiderscheit re-
questing to address the Council to dis-
cuss the subject of building codes and
building permits, presented and read.
Curule Heiderschelt of 101 Cherokee
Dr. spoke to the petition and expressed
resentment that the fee for remodeling
Special Adjourned
raise as if a contractor would be doing
the work, thus creating a fee structure
that is substantially more expensive
than it was a few years ago.
Jack Heiderscheit spoke objecting to
the basis of the fee charged on per
square footage basis.
Council Member Felderman moved
that the petition of Carole Heiderscheit
be received and filed and referred to
staff for investigation. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager sub-
mitting Resolution requesting transfer
of certain Community Development
Block Grant Funds and reprogrammed
to certain areas, presented and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 147-80
Resolution Directing the Transfer of
Certain Community Development
Block Grant Funds.
WHEREAS, the City of Dubuque is
entitled under Title I of the Ifousing and
Community Development Act of 1974 to
certain Community Development Block
Grant Funds; and
WHEREAS, Section 570.600 of the
Code of Federal Regulations provides
for certain local option activities; and
WHEREAS, applications have ex-
ceeded resources allocated for such as-
sistance;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Sentlon 1. That the following alloca-
tions for Rehabilitation Loans and
Grants as contained in the Fiscal Year
1980 Community Development Block
Grant Program be amended and funds
transferred and reprogrammed as fol-
lows:
FY '80 Recommende~
Area Appropriation Change
Target Areas
Section 2. That the following alloca-
tions as contained in the Fiscal Year 1980
Session, May 19, 1980 189
Community Development Block Grant
Program be amended and funds trans-
ferred and reprogrammed as follows:
Transfer From
Fourth St. Peninsula Storm Sewer Pro-
ject - $15,000.
Transfer TO
Tri-State Independent Blind Society
Energy Conservation Project -
$15,000.
Section 3. That the Community De~
velopment Commission conducted a
Public Hearing relative to the above on
May 13, 1980,
Section 4. That the foregoing trans-
fer of funds has heretofore been approv-
ed by the Community Development
Commission and the Housing Rehabilita-
tion Commission.
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
I). Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Kurt Swaim, as attorney on behalf of
the Tri-State Blind Society, spoke brief-
ly about the organization's benefits, and
introduced Mr. Alfie Noel, President of
the Tri-State Independent Blind Socie-
ty, who extended an invitation to Mayor
and Council Members to view their facil-
ities at 1098 Jackson and explained his
goal of teaching enough braille to blind
individuals to facilitate playing cards
etc.. and how funds are needed to wea-
therproof building, etc.
Communication of City Manager sub-
mitring Resolution authorizing Mayor to
execute amended agreement with IDOT
regarding intersection improvements at
Dodge St. and Devon Dr. and Central
Ave. and 22nd St., presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member King. Car-
tied by the following vote:
Yeas~Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
196
Special Adjourned Session. May 19. 1980
I~$OLU?~ON NO~
Agroeme~ ~umber
4A,~ 6et~en ~o ~y ~ Dubuqne,
'r'r~ns~t~flon P~ov~ln~ fo~ Traffic
S~m~ h~pr~vemen~ ~ D~dge SRoo~
metric ~ T~'af~o ~ ~mprov~-
Second Street
and desirable: and
NOW THEREFORE ~E ~ RESOL~-
ED BY THE C~TY COUNC1L OF THE
CITY OF DUBUQUE IOWA:
Pa~sed. adopted, and approved this
19~h day of May, 1980,
Carolyn F arrel]
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
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
mitring Resolution authorizing the
£or Federal Aid Positive Guidance De-
monstration Project IDodge St. at Bluff
& Locust, presented and read,
Council Member Pratt moved that the
commnnieation be received and filed.
Seconded b~ Council Member King. Car-
ried by the following vet, e:
Yeas-Mayor Farrell. Council Mem-
bers Felderman. King, Pratt.
Nays-Council Member Brady.
BE~OL~JTION NO, 149~80
Be~o~tlon Authorizing ~xecution of
an ~groem~nt Betweeo the City of Du.
of Transportation Providing for a Post.
five GubJance Deinonetration Project
A~ or N~sr [he Intersections of Dodge,
WHER:,3AS, the City has identified
and approved fundin~ for improvements
to tbs intersections of Dodge and Bluff,
and Dodge and Locust Streets as a de-
sirable element of the 1980 Capital
WHEREAS. the City and State ~nay
financing, planning, establishment. ~m-
iurisdictions, and it is their opinion that
sary and desirable: and
WHEREAS. the Congress of the
United States has made certain funds
available through the Federal Highway
Administration. hereinafter called the
FHWA. for research and development
WHEREAS. Federal Aid funding ~s
avail8ble for a Demonstration Project to
be administered by the State; and
Special Adjourned Session, May 19, 1980
191
WHEREAS, a contract (no. DTFH71-
80:C*00019) between the FHWA and the
State doss exist for the accomplishment
of a Positive Guidance Demonstration
Project in the City of Dubuque; and
WHEREAS, the City has indicated a
desire to accomplish the intent of said
contract;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor be author-
ized to execute and the Clerk be author-
ized to certify the agreement with the
Iowa Department of Transportation.
Section 2. That three copies of the
agreement be forwarded to the Iowa De~
partment of Transportation for signa-
ture by that administrative body.
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
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 Felderman, King, Pratt.
Nays-Council Member Brady.
Communication of City Manager sub-
mitring Proposed Budget Amendment
for Fiscal Year 1980 and requesting
clerk to be directed to publish date of
Public Hearing presented and read.
Council Member Brady moved that
the communication be received and filed.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas-Mayor Farts]l, Council Mem-
bars Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 150.80
Resolution Directing the City Clerk to
Publish Proposed Amendment 1o the
Fiscal Year 1980 Budget and Date of
Public Hearing.
WHEREAS, it is proposed that the
City of Dubuque amend its Fiscal Year
1980 budget; and
WHEREAS, Section 384.16, Code of
Iowa, stipulates that a public hearing
must bo held on such a budget amend-
ment.
NOW THEREFORE BE IT RESOLV~
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and
is hereby authorized and directed to
publish notice of public hearing on an
amendment to the adopted budget for
the City of Dubuque.
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Brady moved adop-
tion of the Resolution, setting hearing on
this matter for June 2, 1980. Seconded
by Council Member King. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager sub-
mitting 1979 edition of the Uniform
Mechanical Code, as amended to meet
local conditions, and recommending
adoption of same, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the foliowlng vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
AN ORDINANCE Amending Sec
tions 19-1 and 19~2 of the Code of Ordi-
nances by repealing such sections and
enacting new Sections 19-1, 19-2 and 19-3
in lieu thereof pertaining to revising and
reenacting a Mechanical Code for the
City of Dubuque, presented and read.
Council Member Pratt moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Feldermao. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, FeIderman, King, Pratt.
Nays-None.
Communication of HUD submitting
Section 8 Annual Contributions Con-
tract, presented and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays None.
Communication of City Manager sub
mitring Resolution approving the execu-
tion of agreement for Master Section 8
Annual Contributions Contract~ pre
sented and read.
Council Member Felderman moved
that the communication be received and
192
Special Adjourned Session, May 19, 1980
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. 151.80
Resolution Authorizing Execution el
Annual Contributions Contract Sec-
tion 8 Moderate Rehabilitation Pro-
gram.
WHEREAS, the City of Dubuque,
Iowa (herein called the "Local Housing
Agency") proposes to enter into an An-
nual Contributions Contract with the
United States of America (herein called
the "Government") with respect to any
"Projects" as defined in the Annual Con-
tributions Contract and which, at any
time now or hereafter, is incorporated
under the terms of such contract.
BE IT RESOLVED BY THE LOCAL
HOUSING AGENCY, as follows:
Section 1. The Annual Contributions
Contract, in substantially the form of
contract hereto attached and marked
Exhibit "A", is hereby approved and ac-
cepted both as to form and substance
and the Mayor is hereby authorized and
directed to execute said contract in two
copies on behalf of the Local Housing
Agency. and the City Clerk is hereby au-
thorized and directed to impress and at-
test the official seal of the Local Housing
Agency on each such counterpart and to
forward said executed counterparts, or
any of them. to the Government. togeth-
er with such other documents evidenc-
ing the approval and authorizing the ex-
ecution thereof as may be required by
the Government.
Section 2. Whenever the following
~erms. or any of them. are used in this
Resolution, the same. unless the context
shall indicate another or different mean-
ina or intent, shall be construed and are
intended to have meanings as follows:
a. The term"Resolution' shall mean
this Resolution.
b. Allother terms usedin this Reso-
lution and which are defined in
the Annual Contributions Con-
rrac[ shall have the respective
meanings ascribed thereto in the
Annual Contributions Contract
Section 3. This Resolution shall take
effect immediately, this 19th day of May,
1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Chairman of Ener~
gy Management Team submitting a
quest that the Mayor be authorized to
execute a Grant application for Active
Solar Energy Project for 32nd Street
Fire Station, presented and read.
Council Member King moved that the
communication be received and filed and
the request approved. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas~Mayor Farrefi, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of the City Manager
submitting procedures for the construc-
tion of the St. Mary's Street Storm
Sewer, presented and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
King. Carried by the following vo~e:
Yeas-Mayor Farrefi. Council Mere~
bets Brady, Feiderman. King, Pratt.
Nays-None.
RESOLUTION NO. 152-80
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE. IOWA:
That the proposed plans, specifica-
lions, form of contract, and preliminary
estimates, including all items of material
and work required co construct, St.
Mary's Storm Sewer. in the estimated
amount of $33,499.54, presented and
read.
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member King, Carried by the
following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 153-80
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 rlan of such improvemen~
(21 An estimate of the cost of the im-
provement for the construction of
St. Mary's Storm Sewer.
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-
Special Adjourned Session, May 19, 1980
193
tioned improvement, and unless proper-
ty owners at the time of the final consid-
eration of this proposed resolution have
on file with the City Clerk, objections to
the amount of the cost of the improve-
ment, they shall be deemed to have
waived all objections thereto.
Said improvement shall be construct-
ed and done in accordance with the plans
and specifications which have been ap-
proved by the City Council and are now
on file with the City Clerk. That the cost
and expense of making said improve-
ment shall be paid from the Community
Development Fund.
The above resolution was introduced
approved and ordercd placed on file with
the City Clerk this 19th day of May,
1980.
Approved and placed on file for final
action.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
approval 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.
(Fixing Date of Hearing)
RESOLUTION NO. 154-80
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 con-
struction of St. Mary's Storm Sewer.
NOW THEREFORE BE IT RESOLV-
ED that on the 16th day of June, 1980, a
public hearing will be held at 7:30 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 ohjection 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 be 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
19th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Feldermau moved
adoption of the Resolution and set Hear-
ing Date of June 16, 1980. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager sub
mitring Ordinance and Resolution ap-
proving vacation of portions of Ethel St.,
University Ave. and an abutting alley
and approving sale of same, presented
and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt, Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 155-80
Resolution Approving Plat of Vacated
Portion of U nlversRy Avenue and Et hel
Avenue.
WHEREAS, there has been present-
ed to the City Council of the City of Du-
buque, Iowa a plat dated March 31, 1980,
prepared by Barrels, LeMay, Haas, Fay
and Osborn Engineering Company, cov-
ering a vacated portion of University
Avenue and Ethel Avenue; and
WHEREAS, said plat conforms to the
laws and statutes pertaining thereto;
NOW THEREFORE BEIT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Suction 1. That the plat dated March
31, 1980 prepared by Barrels. LeMay.
Haas. Fay and Osborn Engineering
Company, coyering the real estate here~
in above described, be and the same is
hereby approved, and that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said
dar for and on behalf of the City of Du
buque, Iowa;
Buction 2. That the City Clerk be and
is hereby authorized and directed to rite
said plat and certified copy of this Reso-
194
Special Adjourned Session. May 19. 1980
lution in the office of the Recorder in and
for Dubuque County, Iowa
Passed. adopted, and approved this
lDth day of May, 1980.
Carolyn Farrell
Mayor
James E, Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
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.
AN ORDINANCE vacating a portion
of University Avenue and Ethel Ave-
nue, presented and read.
Council Member Felderman moved
that the reading just had be considered
the first reading of the Ordinance. Sec-
ended by Council Member Pratt. Car-
ried by the following vote:
Yeas~Mayor Farrell. Council Mem-
bers Brady, Fnlderman. King, Pratt.
Nays-None.
Council Member Feldsrman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken be dispensed with. Seconded by
Council Member Pratt. Carried by the
following vo~e:
Yeas-Mayor Farrell Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Council Member Felderman moved
that a public hearing be held on the Ordi-
nance on June 2. t980 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 the hearing in the man-
ner required by law. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vo~e:
Yeas-Mayor Farrell. Council Mem-
bers BraDy, Felderman. King, Pratt.
Nays-None.
RESOLUTION NO. 156.80
Resolution Approving Plat of Vacated
Alley South of Ethel Avenue Between
University Avenue and Prysl Street.
WHEREAS, there has been present-
ed to the CRv Council of the City of
Dubuque, Iowa a plat dated April 30.
1980 prepared by Bartels. LeMay, Haas,
Fay and Osborn Engineering Company,
covering a vacated alley south of Ethel
Avenue between University Avenue
and Prysi Street: and
WHEREAS. said plat conforms to the
laws and statutes pertaining thereto:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated April
30. 1980 prepared by Barrels. LeMay,
Haas. Fay and Osborn Engineering
Company, covering the real estate here-
in above described, be and the same is
hereby approved, and that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of Dubu-
que. Iowa:
Section 2. That the Cky Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this Reso-
lution in the office of the Recorder in and
for Dubuque County, Iowa.
Passed. adopted, and approved this
19th day of May, t980.
Carolyn Farrell
Mayor
James E. Brady
D. Mictmel King
John L. Feldermar
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor FarrelL Council Mem-
hers Brady, Felderman. King, Pratt.
Nays-None.
AN ORDINANCE vacating an alley
south of Ethel Avenue between Univer-
sity Avenue and Prysi Street, presented
and read.
Council Member Felderman moved
that the reading just had be considered
the first reading of the Ordinance. Sec-
onded by Council Member Pratt. Car-
rind by the following vote:
Yeas-Mayor Farrell. Council Mem-
hers Brady, Felderman. King, Pratt.
Nays-None.
Council Member Felderman moved
that the rule requiring an Ordinance rD
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 vo~e:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None,
Council Member Felderman moved
that a public hearing be held on the Ordi-
nonce on June 2. 1980 at 7:30 o'clock P.M.
in the Council Chamber at. the City Hall
and that tbe City Clerk be instructed Lo
Special Adjourned Session, May 19, 1980
195
publish notice of the hearing in the man-
ner required by law. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing Vote:
Yens-Mayor Farrefi, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager
commending stop control for north-
bound and southbound vehicles on Pin-
ard Stret at East 29th St., 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.
ORDINANCE NO. 34.80
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA PROVIDING THATTHE
CODE OF ORDINANCES, CITY OF DU-
BUQUE, IOWA BE AMEN DED BY ADD.
lNG A NEW SUBSECTION TO SEC.
TION 25.210 PROVIDING THAT
NORTHBOUND AND SOUTHBOUND
VEHICLES ON PINARD STREET
SHALL STOP BEFORE ENTERING
THE INTERSECTION OF TWENTY-
NINTH STREET, EAST, presented and
read.
Council Member Pratt moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Brady. 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 Brady. Carried by the following
vote:
Yeas-Mayor Farrell, Council Mem-
bets Brndy, Fe]derman, King, Pratt.
Nays-None.
ORDINANCE NO. 34-80
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA PROVIDING THATTHE
CODE OF ORDINANCES, CITY OF DU.
BUQUE, IOWA BE AMENDED BYADD.
lNG A NEW SUBSECTION TO SEC.
TION 25~210 PROVIDING THAT
NORTHBOUND AND SOUTHBOUND
VEHICLES ON PINARD STREET
SHALL STOP BEFORE ENTERING
THE INTERSECTION OF TWENTY.
NINTH STREET, EAST.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa be
amended by adding a new subsection to
Section 25-210, to read as follows:
Section 25.210
b) Those ~utersecttons desalinated
are hereby declared to be "stop i~ter-
sections "for all purposes of this se
Northbound and southbound vehi-
cles taus t stop before entering the in-
tersections of'
Twenty-Ninth Street, east,
and Pinard Street.
Section 2. That all ordinances or
parts of ordinances in co~flict with this
ordinance be and they are hereby
repealed.
Passed, adopted, and approved this
19th day of May, 1980,
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTES~[~
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this £3rd day of May.
1980,
Mary A. Davis
City Clerk
I t 5/23
Council Member Pratt moved final
adoption of the Ordinance. Seconded by
Council Member Brady, Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager sub-
mitting Ordinance repealing Section
25-65 of the City Code regarding Noise
Control-Testing Vehicles, 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 Mere:
hers Brady, Felderman, King. Pratt.
Nays-None.
ORDINANCE NO. 35-80
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA AMENDING THE
CODE OF ORDINANCES OFTHE CITY
OF DUBUQUE, IOWA BY REPEALING
SECTION 25-65 OF ARTICLE IV
THEREOF AND DECLARING SAME
TO BE NULL AND VOID AND OF NO
EFFECT, presented and read.
Council Member Pratt moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Brady. Carried by the
following vote:
196
Special Adjourned Session, May 19, 1980
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 w!th. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
ORDINANCE NO. 35,80
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA BY REPEALING
SECTION 25-65 OF ARTICLE IV
THEREOF AND DECLARING SAME
TO BE NULL AND VOID AND OF NO
EFFECT.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CiTY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Section £5-65 of Arti*
cle IV of the Code of Ordinances of the
City of Dubuque, Iowa is hereby repeal-
ed and declared null and void and of no
effect.
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance are thereby repealed.
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E, Brady
4). Michael King
John L. Felderman
Michael W. Pratt
Council Members
A TTESZ,
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 23rd day of May,
1980.
Mary A. Davis
It 5/23 City Clerk
Council Member Pratt moved final
adoption of the Ordinance. Seconded by
Council Member Brady. Carried by the
folIowtng vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager sub-
mitring Ordinance amending Section
26-14§ of the City Code pertaining to
traffic noise, and placing in proper sec-
tion of City Code, 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.
ORDINANCE NO. 36.80
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY REPEAL-
ING SECTION 26,146 AND ENACTING
A NEW SECTION 26-145 OF ARTICLE
VII OF DIVISION I IN LIEU THEREOF
PROVIDING THAT CONTROL OF
TRAFFIC NOISE SHALL BE GOVERN-
ED AND REGULATED BY THE PROVI-
SIONS OF CHAPTER 25, ARTICLE IV,
~resented and read;
Council Member Pratt moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Comlcil 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 dis-
pensed with. Seconded by Council Mem-
ber Brady, Carried by the following
vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
ORDINANCE NO. 36.80
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA BY REPEALING
SECTION 26-145 OF ARTICLE Vii OF
DIVISION I THEREOF AND ENACT-
lNG A NEW SECTION 26-145 OF ARTI,
CLE VII OF DIVISION 'T' IN LIEU
THEREOF, PROVIDING THAT CON.
TROL OF TRAFFIC NOISE SHALL SE
GOVERNED AND REGULATED BY
THE PROVISIONS OF CHAPTER 25,
ARTICLE IV.
NOW THEREFORE BE iT ORDAIN-
ED BY THE CiTY COUNCIL OF THE
CITY OF DUBUQUEi IOWA:
Section 1. That the Code of Ordinanc-
es of the City of Dubuque, Iowa be and
the same is hereby amended by repeal-
lng Section 26-1~5 of Article VH of Divi-
sion I thereof and enacting anew Sec-
tion 26-1~5 of Article VH of Division tin
lieu thereof to read as follows: "Sec. 26.1451 Traffic.
Control o/traffic noise shall be gov-
erned and regulated by the provi-
sions of Chapter25, Article IV of this
Code."
Suction 2. That all ordinances of
9arts of ordinances in conflict with this
)rdinance are hereby repealed.
Special Adjourned Session, May 19, 1980
197
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this £3rd day of May,
1980.
Mary A. Davis
It 5/23 City Clerk
Council Member Pratt moved final
adoption of the Ordinance. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
Communication of Planning and Zon-
ing recommending approval of amend-
ment to Zoning Ordinance for construc-
tion of private garage in R-3, R-4 and R-5
Districts in response to request by John
W. Duccini, presented and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
AN ORDINANCE Amending the
Zoning Ordinance by enacting a new
Section 4-106.4 of Article IV in lieu
thereof to allow a Private garage to be
constructed as a separate conditional
use in an R-3, R-4 and R-5 Residential
District, presented and read.
Council Member Felderman moved
that the reading just had be considered
the first reading of the Ordinance. Sec-
onded by Council Member Pratt. Car-
ried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with, Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bors Brady, Felderman, King, Pratt.
Nays-None.
Council Member Felderman moved
that a Public Hearing be held on the Or-
dinance on June 16, 1980 at 7:30 o'clock
P.M. in the Council Chamber at the Cty
Hall and that the City Clerk be instruct-
ed to publish notice of the hearing in the
manner required by law. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Planning & Zoning
recommending approval of request for
preliminary Development Plan and PUD
designation on Doekal Property South of
Plymouth Ct., as requested by Dockal/
Luksetich, 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.
AN ORDINANCE amending Zoning
Ordinance by reclassifying property
described as Lot 1 of Subdivision of Lot 1
of 1 of "Faldorf's Place" in the City of
Dubuque from R-1 Single Family Resi-
dential District to R-1 Planned Unit De-
velopment 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 Brady. 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 Brady. Carried by the following
vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Council Member Pratt moved that a
~ublic hearing be held on the Ordinance
on June 16, 1980 at 7:30 o'clock P.M. in
the Council Chamber at the City Hall
and that the City Clerk be instructed to
)ublish notice of the hearing in the man-
ner required by law. Seconded by Coun-
cil Member Brady. Carried by the follow-
in vote:
gYeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Planning & Zoning
approving final plat of "Milwaukee In-
dustrial Tract No. 1", located south of
East 6th St. and East White St., present-
ed and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Counci~ Member Folder-
man. Carried by the following vote:
198
Special Adjourned Session. May 19, 1980
Yeas-Mayor FarrelL Council Mem~
bets Brady, Felderman. King, Pratt
Nays-None,
RESOLUTION NO. 157-80
A Resolution Approving the Plat of the
Subdivision of "Milwaukee Industrial
Tract No. 1" in the City of Dubuque,
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
of "Milwaukee Industrial Tract No. 1" 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 eh-
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-
to.
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 "Milwaukee Industrial Tract
No, 1' in the City of Dubuque, Iowa be
and the same is hereby approved, and
the Mayor and City Clerk are hereby au-
thorized and directed to endorse the ap-
provsl of the City of Dubuque, Iowa upon
said plat.
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
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.
Communication of Board of Supervi-
sors requesting to meet with City Coun-
cil to negotiate amoun~ willing ~o be
spent regarding the installation of
signals at the intersection of US 52, IA
#3. IA 386. and John F, Kennedy Road.
presented and read,
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt, Carried oy the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady. Felderman. King, Pratt.
Nays-None.
Communicatior of Rchab. Commis-
sion recommending Ann Schroeder be
appointed as liason member to Commu-
nity Development Commission, present-
ed and read.
Council Member Felderman moved
that the communication be received and
filed and appointment approved, Sec-
onded by Council Member Pratt. Car-
ried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman, King, Pratt,
Nays-None.
Council Member Pratt moved that
Ruby Sutton be appointed to the Human
Rights Commission. Seconded by Coun-
cji Member Felderman. VOTE WAS AS
FOLLOWS:
Yeas-Council Members Feldermar
Pratt.
Nays-Mayor Farrell, Council Mem-
bers Brady and King.
MOTION FAILED.
Council Member Brady moved that
Nancy Lee Wallace be appointed to the
Human Rights Commission for an unex-
pired three year term which expires
January 1, 1982. Seconded by Council
Member King. Carried by the following
Yeas-Mayor Farrell Council Mem-
bers Brady, Felderman, King. Pratt.
Nays-None.
RESOLUTION NO. 158-80
BE IT RESOLVED. BY THE 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 within the City of Du-
buque, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
Judith 'Ann Schiel (to 6-30-801 - 342
Main St.
Thomas Haas & Roger Beck -- 2776
Jackson St
C K of Dubuque Inc. - 3187 Univer~
sity Ave
Cremer Grocery Company -- 731
Rhomberg Ave.
Bette O. Helling -- 701 Dodge St.
Lloyd Dalsing - 3750 Central Ave.
Do. [nc. -- 703 Dodge St.
Dubuque Packing Company - 70f
East 16th St.
Ronald J. Fens -- 1121 University
Ave.
Fran Kuhle -- 3201 Central Ave.
Beverly A, Lateen -'3050 Asbury
Road,
Miracle Car Wash Inc. - 255 Locust
St.
Nash Finch Company J.F.K &
Hwy. 20 West.
Eugene A. erring -- 1689 Elm St.
Palmer Drug -- 2600 Dodge St.
Riverside Bowl. Inc. -- 1860 Haw-
thorne St.
Special Adjourned Session, May 19, 1980
199
Robert's Food Service, Inc. - 62 Lo-
cust St.
Dorothy Shaffer - 1103 Iowa St,
Walgreen Co. - 555 J. F. Kennedy
Rd.
Neeleon E, & Mary L. Ness (to
- 32nd and Jackson St.
Neeleon E. & Mary L, Ness - 32nd
and Jackson St.
Passed, adopted, and approved this
19th day et May. 1980.
Carolyn Farrell
Mayor
James E, Brady
D. Michael King
John L. Feiderman
Michael W. Pratt
Council Members
ATTEST:
Mary A, Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
hers Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. t59-80
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bonds;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit,
CLASS "B" BEER PERMIT
Charles J. Spielman (Also Sunday
Sales) - Veterans Memorial Park,
CLASS "C" BEER PERMIT
Earl Tegeler (Also Sunday Sales) -
620 S. Grandview.
Cremer Grocery Company, Inc. (Also
Sunday Sales) - 731 Rhomberg Ave.
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E, Brady
D. Michael King
John L. Felderman
Michael W. Pratt
ATTEST: Council Members
Mary A, Davis
City Clerk
Council Member Pratt moved adop-
lion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farreil, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 160-80
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 applicants a Liquor License.
CLASS "A" (CLUB) BEER AND
LIQUOR LICENSE
Dubuque Golf and Country Club (Also
Sunday Sales) -- 1800 Randall PI.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Rober£ Stonskas - 1322 Central Ave,
Beverly A. Larsen (Also Sunday
Sales) - 3050 Asbury Rd.
Lloyd Dalsing (Also Sunday Sales) -
3750 Central Ave.
Jo Ann H. Klauer - 1097 Jackson St.
Riverside Bowl, Inc. (Also Sunday
Sales) - 1860 Hawthorne St.
Neeleon E. & Mary Ness - 32nd and
Jackson St.
Passed. adopted, and approved this
19th day of May, 1980.
Carolyn Farrell
Mayor
James E. Brady
D, Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman, Carried by
the following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of Iowa Department
of Transportation advising of Public
Hearing on the proposed improvement
of Highway 561 on June 10. 1980 at Five
Flags, West Arena, at 7:30 p.m., present-
ed and read.
Council Member King moved that the
communication be received and filed,
Seconded by Council Member Pratt.
~arried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
200
Special Adjourned Session, May 19. 1980
Communlcatton of City Manager
vising Council of the disposition of items
referred to the Manager's office in 1979.
presented and read
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratl
Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays~None.
Communication of City Manager sub-
mitting documents relating to presen~
arrangement under which Telepromp-
ter Corp. serves the community, pre-
sented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratl
Carried by the fofiowing vote:
Yeas-Mayor Farrell. Council Mem-
hers Brady, Felderman. King, Pratt.
Nays~None.
Communication of City Manager sub-
mitring response relative to a request to
study and designate revised speed limits
on major City s~ree;s, presented and
read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Prati
Carried by ~;he following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady. Felderman. King, Pratt.
Nays-None.
MINUTES SUBMITTED: Transit
Board of 4-4 and Earnings Statement for
month of April: Plumbing Board of 4-24:
Housing Rehab. Comm. of 4-22: Heating,
Ventilatlng, Air-Conditioning and Re-
frigeration of 4~7; Park Board of 5-9:
Planning and Zoning of 5-7. presented
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 Parrell. Council Mem
bers Brady, Felderman. King, Pratt.
Nays~None.
Communication of Corporation Coun-
sel recommending settlement of auto
damage claim of Tom Wallace in amouni
of $35,00, presented and read.
Council Member King moved that the
settlement be approved and the City Au-
ditor directed ~o msue proper warrant,
Seconded by Council Member Felder
man, Carried by the following ye;e:
Yeas-Mayor Farrell Council Mem-
bers Brady, Felderman. King, Pratt.
Nays. None.
Communication of Corporation Coun-
sel recommending denial of car damage
claim of David R. Blaser, presented and
read.
Council Member King moved that the
communication be received and filed and
that the recommendation of denial ap-
proved. Seconded by Council Member
Felderman. Carried by the following
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Communication of Corporation Coun-
sel recommending denial of car damage
claim of Steve Ames. presented and
read.
Council Member King moved that the
communication be received and filed and
that the recommendation of the denial
be approved, Seconded by C.M. Felder-
man~ Carried by the following vote:
Yeas Mayor Farrell. Council Mem-
5ers Brady, Felderman, King, Pratt.
Nays-None.
NOTICE OF CLAIMS ~- Frank Har-
die Advertising Inc. in amount of $35.00
for truck damage incurred by City own-
ed minibus; Helen Manemann iii amounL
of 588.00 for tire damages incurred by
curb protruding at 2415 Windsor Ave.;
David J. Arnold in amount of $18.76 for
loss of three garbage cans during City
clean-up; Jerry Andregg, Jr. in an unde-
termined amount for damages to car
window fi'om rocks being thrown by a
City owned truck: Mary Spoerre, in the
amount of ~70.00 for tire damage caused
by hitting a hole in Kerper Blvd.; Wenzel
Towing Service. in amount of $250.00 for
truck damage occuring in Locust Street
Parking Ramp; Notice of Suit by Robert
Greiner, in amount of $10.000 for person-
al injuries received in fall on March 14
1980 at 3rd and Main Streets, presented
and read.
Council Member King moved that the
Notices of Claims and Notice of Suit be
referred to the Corporation Counsel.
Seconded by Council Member Felder-
man, Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt,
Nays-None.
Communication of City Manager sub-
mitring report of City Treasurer and Fi-
nance Director. also list of claims for
month of April, 1980. 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, Feldermar King, Pratt.
Nays-None.
Communication of Commissioner of
Insurance advising that the Merchants
Mutual Bondine Co. is authorized ~o
;ransac; appropriate business of Fidel-
Special Adjourned Session, May 19, 1980
201
fry and Surety Insurance in the State un-
til the 1st day of May, 1981, 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 Teleprompter
Cable TV submitting their 1979 Finan-
eial Statement, 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.
Petition of Dubuque Golf and Country
Club requesting permission to have a
fireworks display at Randall Place on
July 6, 1980, presented and read.
Council Member King moved that the
Petition be received and filed and re-
ferred to the City Manager. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
Petition of Robert J. Schulte Co. re-
questing permission to excavate at 2475
University Avenue to repair a water
leak, presented and read.
Council Member King moved that the
Petition be received and filed, and exca-
ration approved. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 161-80
WHEREAS, there is a vacancy in the
office of the deputy City Clerk of the
City of Dubuque, Iowa; and
WHEREAS, such vacancy should be
filled;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Senflo~ f. That Karen M. Chester-
man be and she is hereby appointed
Deputy City Clerk of the City of Dubu-
que, Iowa and that the effective date of
her appointment shall be the 19th day of
May, 1980 and that her salary shall be
fixed by the office of the City Manager.
Passed, adopted, and approved this
19th day of May, 1980.
Carolyn Farre9
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Farreli, Council Mem~
hers Brady, Felderman, King, Pratt.
Nays-None.
Communication of David Leifker,
Pres. of Dubuque County Conservation
Society urging City Council to accept
the Twin Sisters Subdivision Partner-
ship's offer of 54.4 acres for open space
preservation, presented and read.
Council Member King moved that the
communication be received and filed and
referred to the City Manager. Seconded
by Council Member Felderman. Carried
by the following vote:
Yeas-Mayor Farrell, Council Mem
bens Brady, Felderman, King, Pratt.
Nays-None.
Communication of West Side Busi-
ness & Professional Association of
Dubuque, urging the Council to place the
Kennedy Road Completion Project on a
construction schedule just as soon as
possible and the improvement be made
from Federal Funds without assessment
to adjoining property owners, presented
and read.
Council Member King moved that the
communication be received and filed and
referred to the City Manager. Seconded
by Council Member Felderman. Carried
by the following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman, King, Pratt,
Nays-None.
Communication of Delos A. Dorweiler
requesting relief from noises on J.F.K.
Road and requesting enforcement of
Noise Ordinance, 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 Asbury Jaycees re-
questing to use west-bound two lanes of
Asbury Road for parking on August 2nd
and 3rd in connection with first annual
Asbury Days, presented and read.
202
Special Adjourned Session, May i9, 1980
Council Member King moved that th~
communication be received and filed an(
referred to the City Manager. Seconded
by Council Member Felderman. Carried
by the following vote:
Yeas-Mayor Farrell, Council Mem~
bets Brady, Felderman, King, Pratt.
Nays-None.
Petition of Linda J. Ball requesting re-
fund of $25.00 on unexpired Cigarette
License No. 1882, presented and read.
Council Member King moved that the
petition be received and filed, and
proved and that the City Auditor be 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, Felderman, King, Pratt.
Nays-None.
On behalf of Pat Flynn, Local 94,
U:A,W. Rick Amling spoke to the Coun-
cil of his concern that a newly-opened
business in Dubuque is not strictly com-
plying with the City Ordinance relative
to unit pricing of each individual product
designated for sale, and it is their belief
that this Ordinance should be clarified
and strictly adhered to, for the protec-
tion of the consumer.
Robert Huber of the U.A.W. also
spoke relative to this matter and rein-
forced the statements of Mr. Amling.
Council Member Felderman moved
that this concern be referred to Corpor
ation Counsel. Seconded by Council
Member Pratt. Carried by the following
vote:
Yeas-Mayor Farrell, Council Mem~
bets Brady, Felderman, King, Pratt.
Nays-None.
There being no further business,
Council Member Pratt moved to ad-
journ. Seconded by Council Member Fel-
derman. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays~None.
Mary A. Davis
City Clerk
Approved ...................... 1980
Adopted ....................... 1980
CouncilMembers
ATTEST:
City Clerk
Regular Session, June 2. 1980
203
CITY COUNCIL
OFFICIAL
Regular Session, Juno 2, 1980,
Council met at 7:30 P.M. (C.D.T.)
Present-Mayor Farrell, Council
Members Brady, Felderman, King.
City Manager W. Kenneth Gearhart.
Absent at Roll Call-Council Member
Pratt.
Mayor Farrell read the call and stated
that service thereof had been duly made
and this is the REGULAR MONTHLY
MEETING of the City Council called for
the purpose of acting upon such business
as may properly come before the Meet-
Mayor Farrell extended appreciation
to members of City Staff, namely Frank
Murray, Steve Jepsen and Dan Ditte-
more. for their preparation and presen-
tation relative to the preliminary Henr-
rags on Arterial 561.
Proof of publication, certified Lo by
the Publisher. of Notice of Public Hear-
lng to vacate a portion of University and
Ethel Avenues and dispose of real estate
described as Lot A and Lot B in Mineral
Lot 242 to Calista Ann Steger, present-
ed and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber. Council Member
Brady moved that the proof of publica-
tion be received and filed. Seconded by
Council Member King. Carried by the
following vo~e:
Yeas-Mayor Farrell. Council Mem.
bets Brady~ Felderman King.
Nays-None.
Absent-Council Member Pra~
ORDINANCE NO. 37-80
AN ORDINANCE APPROVING THE
VACATION OF REAL ESTATE DE-
SCRIBED AS LOT A AND LOT B OF
MINERAL LOT 242 TO CALISTA ANN
STEGER. said Ordinance having been
previously presented and read at the
meeting of May 19. 1980. presented for
final adoption.
ORDINANCE NO. 37-30
AN ORDINANCE VACATING A POR.
TION OF UNIVERSITY AVENUE AND
ETHEL AVENUE.
WHEREAS. Calista Ann Steger has
requested the vacation of a portion of
University Avenue and Ethel A venue
in the City of Dubuque. Iowa. and
WHEREAS. Barrels. LeMay, Haas.
Fay ~nd Osborn Eng~neerzng Company
has prepared and submitted to the City
Council a plat showing the vacated per
t~ons o! said streets and assigned
numbers thereto, and which shall here-
after be known and described as lot A
and lot B of MineraI Lot 2~£ in the City
of Dubuque. Iowa~ a~d
WHEREAS. the City Council of Du~
buque. Iowa has determined that this
street ~s no longer required for public
use and the vacatwn of the portions of
said streets known as lot A and lot B of
Mineral Lot ~2 in the City of Dubuque,
Iowa should be approved.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That said real estate de-
scribed as lot A and lot B of Mineral Lot
RESOLUTION NO. 162.80
WHEREAS. pursuant to Resolution
and published notice of time and place of
hearing, published in the Telegraph~
Herald. a newspaper of general circula
tion, pnblished in the City el Dubuque,
iowa on May 22.1980, the City Council el
the City of Dubuque. iowa met on the
2nd day of June. 1980. at 7:30 o'clock
P.M. (DST in the City Council Chum
bets, City Hall. Dubuque County, Iowa
to consider the proposal to dispose et in~
retest o1' the City of Dubuque Iowa in