The URL can be used to link to this page

1980 June Council Proceedings202 Special Adjourned Session, May 19, 1980 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. Petition ofLinda J. Bali requesting re- fund of $25.00 on unexpired Cigarette License No. 1882, presented and read. Council Member King moved that th, petition be received and filed, and ap- proved and that the City Auditor be di~ reeled to i~sue proper warrant. Second- ed by Council Member Feldermam Car- ried by the following vote: Yeas:Mayor Farrel], 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 relativ, 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 atlon Counsel. Seconded by Council Member Pratt. Carried by the following vote~ Yeas-Mayor Farrell, Council Mere bets Brady, Felderman, King, Pratt. Nays-None. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Fei- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Mary A. Davis City Clerk Approvi~d ...................... 1980 Adopted . ~ ..................... 1980 Council Members ATTEST: City Clerk Regular Session, June 2, 1980 203 CITY COUNCIL OEF/_ClAL Regular Session, June 2, 1980. Council met at 7:30 P.M. (C.D.T.) Present. Mayor Farrell. Council Members Brady, Feiderman, King. City Manager W. Kenneth Gearhart. Absent at Roll Call-Council Member Pratt. Mayor Farrel] 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- ing. 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 Hear lugs on Arterial 561. Proof of publication, certified to by the Publisher. of Notice of Public Hear. mg 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 nbjections 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- bers Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. 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 vacatmn of a portion o! University Avenue and Ethel A venue in the City of Dubuque. Iowa: and WHEREAS. Barrels. LeMay, Haas, Fay and Osborn Engineeri.ng Company has prepared and submitted to the City Council a plat showing the vacated por- tions of said streets and assigned lot numbers thereto, and which shall here. after be known and described as lot A and lot B of Mineral Lot 2~.2 in the City of Dubuque, Iowcc and WHEREAS. the City Council of Du- buque, Iowa has determined that this street ts no longer required for vublic use and the vacation of the portwns o! said streets known as lot A and lot B of Mineral Lot 2~2 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 reed estate de- scribed as lot A and lot B of Mineral Lot 242 i~ D~ b~qu~. Iowa be and the sam~, is hereby vacated. SocBon 2. That the City Clerk be and she is hereby rtuthorized ~nd directed to cause Notice o] Intent to dispose of said real es tale iv a vtanner as prescribed by Section 3. Thai the conveyance oj said lot to Calista Ann Steger be and the same is hereby approved upon paymen~ ~f $329.00. and upon payment W pubb'ca. tion and J¥1in9 fees Passed. adopted, a~d approved this 2nd day .~ June 1980. Carolyn Farre ll Ja~es E. Brady D. Michael King John L, Felderma~ A TTES ~' Mary A. Davis City Cleric Published officially in the Telegraph Herald newspaper this 6th day of June. 198~ Mary A. Davis Council Member Brady moved final adoption of the Ordbmnce. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. 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. published in the City of Dubuque, Iowa on May 22. 1980. the City Council of the City of Dubuque. Iowa met on the 2nd day of June. 1980. at 7:30 o'clock P.M. (DST) in the Ci;y Council Cham bets, City Hall. Dubuque County, Iowa to consider the proposal to dispose of in retest of the City of Dubuque. Iowa in 204 Regular Sessm , June 2, 1980 real estate being a portion of Eniversity Avenue and Ethel Avenue, now known and platted as: Lot A and Lot B of Mineral Lot 242 in the City of Dubuque, Iowa to Calista Ann Steger; and WHEREAS, the City Council of the City of Dubdque, Iowa overruled any and all objectio0s, oral or written, to the proposal to dispose of interest of the City Of Dubuque, Iowa in the herein above described real estate to the above named Grantee: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of inter* est of the City of Dubuque, Iowa in the vacated portion of University Avenue and Ethel Avenue, now known and plat- ted as Lot A and Lot B of Mineral 242 in the City of Dubuque, Iowa to Calista Ann Steger, be and the same is hereby approved for the purchase price of $329.00, plus publication costs and filing fees; that the conveyance shall be by Quit Claim 1)eed, and no abstract will be furnished by the City and that said con- veyance shall be subject to and the City shall retain a perpetual easement unto itself, in, over and across said vacated portion of University Avenue and Ethel Avenue for public utilities, located therein, and the right of ingress and egress to repair and maintain the same. Section 2. That the City Clerk be and she is hereby authorized and directed, to deliver Deed of Conveyance conveymg the above described real estate to the above named Grantee upon receipt of the purchase price in full. Section 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 Re- corder, the Dubuque County Auditor and the City Assessor. Passed, adopted, and approved this 2nd day of June, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Brady moved adop- tion of the Resolution: Seconded by Council Member King. Carried by the following vote: Yeas~Mayor Farrell, Council Mere bets Brady, Felderman, King. Nays-None. Absent.Council Member Pratt. Proof of Publication, certified to by the Publisher, of Notice of Public Hear lng to vacate an alley south of Ethel Avenue between Hnivcrsity Avenue and Prysi Street, described as Lot C and Lot D Of Mineral Lot, 242, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers aL the time set for the ltearing. Council Member King moved that the proof of puMtcation be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mere bors Brady, Felderman, King. Nays-None. Absent. Council Member Pratt. ORDINANCE NO. 38.80 AN ORDINANCE VACATING AN AL- LEY SOUTH OF ETHEL AVENUE BE- TWEEN UNIVERSITY AVENUE AND PRYSI STREET, said Ordinance having been previously presented and read at the Council Meeting of May 19, 1980, presented for final adoption. ORDINANCE NO. 38.80 AN ORDINANCE VACATING AN AL- LEY SOUTH OF ETHEL AVENUE BE- TWEEN UNIVERSITY AVENUE AND PRYSI STREET. WHEREAS, Calista A~n Stege~ has requested the vacatil ~ ~f an alley south of Ethel Avenue between University Avenue and Prysi Street in the City of Dubuque, Iowo; and WHEREAS, Barrels, LeMay, Haas, Fay and Osborn Engineering Company has prepared and submitted to the City Council a plat showing the vacated alley and assigned lot numbers therelo, and which shall hereafter be known and de. sc~gbed as lot C and lo~ D qf Mineral Lot 242 ia the City of Dubuque, Iowa; knd WHEREAS, the City Council of Du- buque, Iowa has deter~nined that this alley is no longer required for public use and the vacation qf said alley known as lot C and lot D of Mineral Lot 24~ in the City of Dubuque. Iowa should be ap- proved. NOW THEREFORE BE IT ORDAIN- EDED BY THE CITY COUNCIL OF THE C TY OF DUBUQUE IOWA: Regular Session. June 2, 1980 205 Steger be and the same ~s hereby ap. proved upon payment of $370,00 and ~pon payment of publication and filing fees. SocUon 4. That the conveyance of lot D o/Mineral Lot ~2 to Walter and Lw cille Kaiser be and the same is hereby approved ~pon payment of $1.00. Passed~ adopted, and approved this ~nd day of June, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felder~an Council Members A TTES ~' Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 6th day oj' June, 198g Mary A. Davis City Clerk I t 6/6 Council Member King 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. Nays-None. Absent-Council Member Pratt. RESOLUTION NO. 163.80 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 in the City of Dubuque, lows on May 22,1980. the City Council of the City of Dubuque, Iowa met on the 2nd day of June. 1980. at 7:30 o'clack P.M. IDST, in the City Council Cham- bers, City Hall, Dubuque County, Iowa to consider the proposal to dispose of in. retest of the City of Dubuque. Iowa in real estate being a vacated portion of an alley south of Ethel Avenue between University Avenue and Prysi Street. now platted and known respectively, as: Lot C of Mineral Lot 242 in the City of Dubuque, Iowa to be sold to Calista Ann Steger, and Lot D of Mineral Lot 242 in the City of Dubuque. iowa to be sold to Walter Kaiser and Lucille Kaiser: 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 el the City of Dubuque. Iowa in the herein- above described parcels of real estate to the above-named Grantees: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of inter- est of the ~ity of Dubuque, Iowa in the vacated portion of an alley south of Ethel Avenue between University Avenue and Prysi Street, now known and plat ted tis Lot C of Mineral Lot 242 in the City of Dubuque, Iowa to Calista Ann Steger for the purchase price of $370.00, plus publication costs and filing fees. be and the same is hereby approved: that disposal of interest in the vacated por- tion of an alley south of Ethel Avenue be- tween University Avenue and Prysi Street. now platted and known as Lot D of Mineral Lot 242 in the City of Dubu- que. Iowa to Walter Kaiser and Lucille Kaiser be and the same is hereby ap- )roved for the purchase price of $1.00 plus publication costs and filing fees. that no abstract of title will be furnished for said parcels of real estate and con- veyance shall oe by Quit Claim Deed: and that said conveyances shall be sub- ject to, and the City shall, retain a perpe- tual easement unto itself, in. over and across said vacated portions of said alley for public utilities, located therein, and the right of ingress and egress ;o repair and maintain the same. Socflou 2. That the City Clerk be and she is hereby authorized and directed to deliver Deed of Conveyance conveying the above described real estate to the above named Grantees upon receipt of the purchase prices in full. Section 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 corder, the Dubuque County Auditor and the City Assessor Passed. adopted, and approved this 2nd day of June. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Council Members /~TTEST: Mary A. Davis City Clerk Council Member King moved adop tion of the Resolution. Seconded by Council Member Brady. Carried by the following yore: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. Proof of publication, certified to by the Publisher. of Notice of Public Hear lng to amend the current Budget Ior the FY '80, presented and read. No written ohjeclions wer(~ filed 206 Regular Session, June 2, 1980 no or~l objectors were present in the Council Chamber at the time set far the ltearing. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Felderman. Carried by the following YeasMayor Farreil; Council Mem- bets Brady, Felderman, King. N~ysNone. Absent-Council Member Pratt, RESOLUtiON NO. 164-80 A Resolution Amending the Current Budget for the Fiscal Year Ending June 30, 1980. Be It Resolved by the Council of the City o~ Dubuque, Iowa: SeDflon 1. Following notice published May 23, 1980, and the public hearing held June 2.1980. the current budget (as previously amended) is amended as set out herein. GENERAL FUND AS Certified or Las~ Amount of Amended Amended on Change TO: 1. Total Beginning Cash Balance .............................. 998,213 998,213 2. Non-Property Tax Income ................................. 3,937,496 457,219 4,394,711 3. State. Shared Revenue .................................. 681,000 6SI,000 4. Property Tax Asking ....................................... 4,957,082 4,957,682 5. Total Resources .......................................... 10,574,390 457,216 11,031~606 9. Leas, Working Balance (Reserve) ........................... 649,024 (233,072) 415,952 7. NetResourcesforExpend0ures ........................... 9,925,396 690,288 10,615,654 8. Total Requirements .................. , ................... 9,925,366 690,288 10,615,654 9. Comm,.mlty Protecuon ...................................... 2,847,675 100,211 2,947,886 to. Human Development ..................................... 2,326,329 111,400 2,437,729 11. Home & Community Environment ........................ 3,841,528 448,850 4,290,376 12. Policy and Admlnist raUo~ ................................. 909,836 29,827 939,663 13. Total Expenditures ....................................... 9,825,366 690,288 10,615,654 Reason: Taxlway & apron oveday; Transit Garage Study; PT Employee Expense-CMe Ce~lter; golf course fenc- Ing; motor vehicle opel & malnt,; law enforcemenl malnt, ROAD UaE TAX FUND AS Ceal0ed or Last Amoum of Amended Amended on Change To: 776,475 1,074,303 20~45S 2,010,455 OTHER FEDERAL FUNDS As CeUUled or Last Amount of Amended Regular Session, June 2.1.980 207 TRUST AND AGENCY FUND AS Cer86ed I Total rt eginning Cash Balance,, 121,936 121.936 2. Non-Property Tax Income .... 119,237 119,237 3. State-Shared Revenue... 4 Proverty Tax Askln{ ..................... 1,810,812 1.810.812 5. Total Resomcea 2,051,985 2,051.985 6. Leae,WorkingBa~ance(Reserye. . ....... 51.936 I1.0001 40.936 7. Net Resources for ~xoend8 ure~ ........................ 2,000.049 11.000 2,011.049 8. Total Re~lu~rements ..................... 2.000.049 31.000 2,011.049 8, Commumt¥ ProtecUon .................. 1,375,503 1,375,503 10. Human eeveloDmenl ............ 204.813 204,813 11. Home & CommunIiy Env~onment .......... 349.243 11.000 360.243 ~2. Poncy and Adminlst ration .......................... 70.490 ?0.490 13. Total Expenditures. 2,0(3(3.049 11.000 2,011,049 WATER FUND I. Total Beginning Cash aalance ......... 2. Non. Property Tax Income. 3, State-Shared Revenue ................................ 4, Properly Tax Asking .................................. 5. Total Resources .. s. Le~s, Workl.~ sm.oel~;¥;;,;i ................. 7 Net Resources for E~ oenolmres 8. Total Reqmremen[e ........................ 9. Commumty Protection 10. Human OeVelooment.... As CerU9ee or Last Amount of Amended Amended oi~ Change To: 351.333 351.333 0,132.925 84.690 2,217615 2,484.258 64.690 2,56S,948 17%038 171,038 2,313,220 84,690 2,367.910 2,313,220 84,69C 2,397.910 123,670 123,670 301 381 2.098.743 84,690 2.183.433 90,426 90.426 84.690 2,397,910 SEWER FUND 1, Tot al Beginning Cash natance .............................. 211.873 2. Non-Pro~erL/Tax Income. 3. State-Shared Revenue. - ...................... 2,335.93~ 4. Property Tax Asking .................................. 5. Total Resources 6. Leas. Working rtalance (Reserve) ...................... 2.547.80a 546.900 3,094,704 ............ 38,635 38,635 PARKING FUND AS Certified 85,576 S5,576 463.600 483,60~ 1, Total Beginning Cash Balance 2. Non-ProoerlyTax Incom~ .................. 3, State-Shared Revenue ...... i ................ 5. Total Resources S. Less, Working ealanc;iReser~;~ ............ 569.176 569.176 ........................ 66.157 18.60C 47.557 208 ~ Regular SessiOn,~. Jun..__e~, 1980 LANDFILL FUND Amount ot Amended To: 2. Non,Properly Tax Inoorne ................................... 237,090 16,000 253,090 4, Property Tax Asking ....................................... Passed, adopted, and approved this 2nd day of June, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk I hereby certify the above transac- tions to be a true copy of the proceedings of the City Council and the resolutions passed in the above matter. Mary A. Davis Clerk Clerk June 2, 1980 Council Member King moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mere* bors Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Communication of City Manager sub- mitting Resolution providing for the permanent transfer of funds for FY '80, presented and read. Council Member King moved that the communication be received and filed, Seconded by Council Member Folder- man, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. RESOLUTION NO. 165-80 A Resolution for the Permanent Trans, fer o! Funds. WHEREAS, there is now in the hands of the Treasurer the sum of $118,000 cre- dited to the Five Flags Construction Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $2,800 ere- dlted to the Rafferty Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $25,372 crc- dited to the Trnst and Agency Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $5,672 cre- dited to the Parking Depreciation Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $39,890 cre- dited to the Water Depreciation Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $4,102 cre- dited to the Sewer Construction Fund; and WHEREAS, there is now in the hands of the ~reasurer the sum of $11.200 cre- dited to the General Fund; and WHEREAS, it is desired to transfer $1t8,0OO from the Five Flags Construe tion Fund to the Revenue Sharing Fund in order to close-out the Construction Fund for the approved Fiscal Year 1981 budget; and WHEREAS, it is desired to transfer $2,800 from the Rafferty Fund to the General Fund to provide for improve~ meat to the softball and baseball fields at Veterans Memorial Park; and WHEREAS, it is desired to transfer $14,000 from the Trust and Agency Fund to the Tort IAability Fund to cover increased premiums and a property tax shortfall; and WHEREAS, it is desired to transfer $11,372 from the Trust and Agency Fund to the Debt Service Fund to pro- vide for a property tax shortfall; and WHEREAS, it is desired to transfer $5,672 from the Parking Depreciation Fund to the Parking Operating Fund for the purchase of mechanism replace- ments and intercom systems in the ramps; and WHEREAS, it is desired to transfer $39,890 from the Water Depreciation Fund to the Water Operating Fund for the construction of Pennsylvania Water Main and a distribution system study; and WHEREAS, it is desired to transfer $4,102 from the Sewage Construction Regular Session, June 2, 1980 209 Fund to the General Fund for emergen cy repairs in the 14th Street storm WHEREAS. it is desired to transfer $11200 from the General Fund to the Airport Construction Fund for the pur~ chase of snow removal equipment. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said sum of $207.036. as set forth above, be and the same is hereby trans- ferred from the Five Flags Construction Fund. Rafferty Fund. Trust and Agency Fund. Parking Depreciation Fund. Water Depreciation Fund. Sewer Con- struction Fund. General Fund. to the Revenue Sharing Fund, General Fund. Tort Liability Fund, Debt Service Fund. Parking Operating Fund. Water Operat- ing Fund, General Fund. and Airport Construction Funs and the City Fi- nance Director is directed to correct his books accordingly. Passed. adopted, and approved this 2nd day of June. 1.980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved ado tion of the Resolution. Seconded b Council Member Felderman Carried b the following vote: Yeas-Mayor Farrell. Council Mmr bors Brady, Felderman. King. Nays-None, Absent-Council Member Pratt, Council M~mber Pratt entered the Council Chambers at 7:39 p.m. Petition of John S. Sloam Chairman of "Celebrity Block" Committee of the Du- buque Downtown Association. request- ing to address the Council regarding the presentation of a "Celebrity Block" to be installed in the Town Clock area, pre- sented and read. Council Member King moved to sus- pend the Rules so tha; anyone present in the Council Chambers could address the Council if ~hey so desire. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. John S. Slosh spoke to the communica- tion describing how the Association wished to commemorate the celebrities that visit the City of Dubuque by ira- printing and signing of their names etc. in concre;e that could be pu~ in areas ~round the Town Clock. perhaps replac~ mg some blocks of bad concrete. Council Member King moved that the petition of John Sloan oe received and filed and referred to the City Manager for further recommendation. Seconded by Council Member Felderman. Carried by the following vote: Yeas Mayor Farrell. Council Mem~ bors Brady, Felderman. King, Pratt. Nays-None. Communication of Planning and Zon- ing recommending denial of re quest of L. J. and Connie Schiltz for rezonlng classi- fication of proper;y known as the Don Apar;ments, 1717 Kane St. from R-2 to R-4 Multiple Family Residential Dis- trict, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Folder- man, Carried by the following vo~c: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Attorney Hughes requesting to speak to the Planning and Zoning denial of L. J. and Connie Schlitz zomng request for rezoning at 1717 Kane St. Council Member King moved that the communication be received and filed. Seconded by Council Member Folder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Attorney Hughes spoke to the com- munication on behalfo[the ownersof the property, L. J. and Connie Schlitz. and requested that the zoning change be ap- proved, because as it presently stands. the zoning affects the apartments detri- mentally tax-wise. He pointed out that the R-4 and R-5 were both acceptable to his clients, bat supposedly there was too much density for land space to make thai acceptable to the Planning and Zoning Commission. This would have been ac. ceptable before ~hey gave away half the street to the City. He felt that the wrong zoning definitely does affect the mer- chantibility of these apartments, plus the factor of zoning recommendations if ever a severe catastrophe required re- building/remodeling etc. Council Member Felderman moved that they accept the staff recommenda- tion denying the request for zomng change. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady. Felderman. King, Pratt. Nays~None. AN ORDINANCE &mending the 210 Regular Session. June 2, 1980 Code of Ordinances by reclassifying per. lion of property in Sec. 28 T89N R2E of 5th P.M. from AG Agricultural to C-3 Zoning Classification~Schiltz Develop- ment CorpJ as amended, presented and read. Council Member Felderman moved that the reading .lust had be considered tbe first reading of thc Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeau Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. ( ounci] Member Felderman mow~d that the rule requiring an Ordinance to be received and filed at two meetings prior to thc meeting when final action is taken, be dispensed with. Seconded by Council Member Pra;;. Carried by the following vote: Yeas-Mayor Farrell. Conncll Mem- bers Brady, Felderman. King. Pratt. Nays-None. Council Member Felderman mow~d that a public bearing be held on the Ordi ilance on July 7. 1980 at 7:30 p.m. in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- fish notice of the lIearing in the manner required by law, Seconded by Council Member Pratt. Carried hy the following Yeas-Mayor Farrel[. Council Mem hers Brady, Felderman. King, Pratt. Nays-None, Communication of City Manager sub- mi;tlng Resolution providing to fix a date of Public Hearing to initiate pro- ceedings for the issuance of $3,400.000.00 in GO Bonds, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder man. Carried by the following vo[e: Yeas-Mayor Farrelh Council Mem bets Brady, Felderman. King. Pratt. Nays-None. RESOLUTION NO. 166.80 Resolution lo Fix a Date of Meeting at Which It is Proposed to Inatltute Pro- ceedings for the Issuance of $3.400,000 Corporate Purpose Bonds, WHEREAS it is necessary and ~oi' the best interest of the City o~ Dubuque. 1nwa and its inhabitants that street im- struc/ed ami repaired in and for said City and thc estimated cost of such street huprovements is $2.555.009 and the construction, reconstruction and re of Seetion 384:2413a) of the Code of Iowa. 1979, as amended :md it is proposed that anee of General Obligation Bonds of said Cily: and WItEREAS it is necessary and for the best interest of tbe City of Dubuque, Iowa and its inhabitants that s~reet lighting fixtures be acquired, const.ruc~ ed and installed in and for said City and the estimated cost of such street lighting fixtures is $50.000 and the acquisition. construction and installation thereof constitutes alt "essential corporate pur- pose'' within the meaning of Section 384.24i361 of the Code of Iowa. 1979. as amended, and it is proposed that the cost thereof be paid through the issuance of Genera] Obligation Bonds of said City; uno WHIgREAS it is necessary and for the best interest of the City of Dubuque, Iowa and its inhabitants that works and facilities useful for the collection and disposal of surface wafers and streams be acquired, cons[ruc~en, reconstr acted. extended, improved and equipped and the estimated cost of such works and fa cilities is $485.000 and such acquisition. construction, reconstruction, extension, improvement and eqmpping constitutes an "essential corporate purpose" within tbe meaning or Section 384.2413d) of the Code of Iowa. 1979, as anlended, and it is proposed that the cosl tbereof be paid through the issuance of General Obliga- tion Bonds of said City: and WttEREAS it is nec.e, ssary and for the best interest o/ the City of Dubuque, Iowa and its inhabitants that works and Iacilities useful ~or thc collection, treat- ment and disposal of sewage and indus ~rial waste in a sammry manner be ac- quired, constructed, reconstructed, ex tended, improved and equipped and the estimated cost of such works and facili- ties is $460,000 and such acq,lisition, con- struction, reconstr action, extension, im- provement and eqmpping consti£utes an "essential corporate purpose" within the meaning of Section 384.2413dt of the Code of iowa. 1979. as amended, and it is proposed that Hie cost thereof be paid Lhrough the issuance of General Obliga- tion Bonds of said City: and WHEREAS it is necessary and for the rest interest of the City of Dubuque, Iowa and its inhabitants that parks al- ready owned by said City be rehabili~.a[- ed and improved and the estimated cosi of such rehabilitation and improvemen~ is $12,q,900 and such rehabilitation and improvement' constitutes an "essential corpura~e purpose" within tile meaning of Section 384.24(8ol of the Code of Iowa. 19'79. as amended, and it is proposed thai the cost thereof be paid through the issu anee el Gelmral Obbgation Bonds of said City: and Regular Session, June 2, 1980 211 WHEREAS it is necessary and for the poses thereof and the time When and the best interest of the City of Dubuque, placewherhsaidmeetingwillbeheId, by Iowa and its inhabitants that the airport publication at least once not less than already owned by said City be improved four (4) nor more than twenty (20) days and the estimated cost of such improve- before the date of said meeting in the ment is $75,000 and such improvement Telegraph Herald, a newspaper pub tsh~ constitutes an "essential corporate purl ed and having a general circulation with- pose" within the meaning of Section in said City. Said notice shall be in sub- 384,2413n) of the Code of Iowa, 1979, as stantially the following form: amended, and it is proposed that the Cost thereof be paid through the issuance o NOTICE OF MEETING FOR THE ISSU. General Obligation Bonds of said City; ANCE OF CORPORATE PURPOSE and BONDS. WHEREAS it is necessary to fix a The City Council of the City of Dubu- date of meeting of this City Council at que, in Dubuque County~ Iowa, will meet whichitisproposedtoinstituteproceed, on the 16th day of June, 1980, at the ings for the issuance of Corporate Put- Council Chambers in the City Hall, Du- poseBondsoftheCityofDubuque, Iowa, buque, Iov)a, at 7:30 o'clock P.M., at in the aggregate principal amount of which time and place proceedings will be $3,400,000 to pay the cost of the fore- instituted and action taken for the issu- going essential corporate purposes and ance of $3,400,000 Corporate Purpose to give notice thereof as required by Sec- Bonds of said City for the purpose of de- tlon 384.25 of the Code of Iowa, 1979, as fraying the cost, to that amount, of the amendodl and following projects in and for said City: WHEREAS under the provisions of 1. The construction, reconstruction Section 384,28 of the Code of Iowa, 1979 and repair of street improvements, as amended, separate categories of es- cludingPhaseloftheNorthwest Arteri- sentialcorporatepurposesmaybeincor- al Highway, at an aggregate cost of porated in a single notice of intention to $2,255,000. institute proceedings for the issuance of 2. The acquisition, construction and bonds; installation of street lighting fixtures at NOW THEREFORE BE IT RESOLV- an aggregate cost of $50,000.. ED BY THE CITY COUNCIL OF THE 3. The acquisition, construction, re~ CITY OF DUBUQUE, IOWA: construction, extension, improvement SeCtion ~. That this Council meet a~' and equipping Of works and facilities the Council Chambers in the City Hall in useful for the collection and disposal of said City on the 2nd day of June, 1980, at surface waters at an aggregate cost of :30 o clock P,M., at which time and place $435,000. proceedingswillbelnstituted and action 4. The acquisition, construction, re- taken for the issuance of $3,400,000 Cor- construction, extension, improvement porate Purpose Bonds to pay the cost of and equipping of works and facilities eonstructing, reconstructingandrepair, useful for the collection, treatment and ing street improvements to the amount disposal of sewage and industrial waste of $2,256,000, acquiring, constructing in a sanitary manner at an aggregate and installing street lighting fixtures to cost of $460,000. the amount of $50,000, acquiring, con- 5. The rehabilitation and improve- strutting, reconstructing, extending, ment of parks already owned by said improving and equipping works and fa- City at an aggregate cost of $125,000. cilities useful for the collection and dls~ 6. The improvement of the airport posal of surface waters to the amount of ready owned by said City at an aggre- $435,000, acquiring, constructing, recon- gate cost of $75,000. structing, extending, improving and At any time prior to the date fixed for equipping works and facilities useful for said meeting, as set forth above, the City the collection, treatment and disposal of Council of said City will receive oral or sewage and industrial waste in a saul- written objections from any resident or tary manner to the amount of $460,000, property owner of the City. rehabilitating and improving parks al- By order of the City Council June 2, ready Owned by said City to the amount 1980. of $125,000, and improving the airport Mary A. Davis already owned by said City to the City Clerk amount of $75,000, all as referred to in the preamble hereof. Section 3. That all resolutions or S~ctlon ~, That the City Clerk is parts thereofinconflictherewith be and hereby directed togivenoticeofthe pro_ the same are hereby repealed and this posed action for the issuance of said resolution shall be effective forthwith bonds, setting forth the amount and pur- upon its passage and approval. 212 Regular Session. June 2, 1980 Passed, adopted, ami approved tiffs 2nd da' uf June. 1980. Carolyn Farre}l Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Mdmber Felderman, Carried by tile following vote: Yeas-Mayor Farrell. Council Mom bets Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager re- questing ~o enter into a proposed consul- rant contract for Downtown Develop- merit Planning, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following yore: Yeas-Mayor Farretl. Council Mem- bers Braoy, Felderman. King, Pratt. Nays~None. RESOLUTION NO. 167-80 W;HEREAS, tile City of Dubuque, Iowa has negotiated with Trkla. Petti- grew, Alien and Payne, Inc.. to render advice and assistance to the City of Du- buque. Iowa in a program of downtown development planning: and WHEREAf a copy of said Agree- merit is hereto attached and by refer- ence made a part hereof. NOW THEREFORE BE IT RESOLV- ED BY TIlE CITY COUNCIL OF THE CITY OF DEBUQUE, IOWA: Section 1. That the Agreement by and between the City of Dubuque, Iowa and Trkla. Pettigrew. Allen and Payne Inc. be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby au~ thurized and directed to execute said Agrec~neut for and on behalf of the City of Dubuque, Iowa. Passed. adopted, and approved this 2nd day of June. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Feldcrman 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 followblg v(u e: Yeas-Mayor Farrell Council Mom bors Brady, Felderman. King, Pratrl Nays-None. Commnnieation of City Manager sub- mitting update on building at 1750 Miller Road IGeorge Conmlly) and reeom- memting dismantling of property, pre- sented and read. Council Member Pratt moved Lhat the communication be received and filed. · ~,,ember {drier- Seconded by Council ~ P, man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Feldermam King, Pratt Nays-None. Mr. George Connelly spoke 'e at ve to the recommended dismantling of his pro- perty, and q uestloned the staff's approv- al last fall if it. was now recommended that it be dismantled, ltc respectfully quested clarification of exactly what was required of him to continue the s~ruc- A RESOLUTION anthorlzing and dl- recting the City Manager I.o cause the structure lucated on Lot 2 of M.L. 499.1o. rated at 1750 Miller Rd. be declared dan gerous and be dismantled and removed. was tabled for up to thirty days pending owner's removal of wails and partitions to allow huildlng inspectors to accurate- ly mspcc[ and repor[ hack concerning the soundness of said structure. Council Member King moved that this matter be tabled as sra;eu for said period of time. Seconded by Council Member Pratt. Carried by the foliowlng Yeas Mayor Farrell, Council Mom bets Brady ~'elderman. King, Pratt. Nays-None. Proof of publication, certified to by the Publisher. of Notice to Contractors of the Receipt of Proposals for the Con- struction of City of Dubuque 1980 Asphalt Paving Project No, 1, 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 vol.e: Yeas-Mayor Farrelh Council Mom bets Brady. Felderman. King', Pratt· lng Project No. I which stated that the Co nc'l Member King moved that the Seconded hy Coum!il Member Pratg Regular SesSion, June 2, 1980 213 ' -(-A~arding (~-0ot ract) RESOLUTION NO. 168.80 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1980 Asphalt Paving Project No. I pursuant to Resolution No. 130-80 and notice to bidders published in a newspaper published in said City on May 12, 1980; and WHEREAS, said sealed proposals were opened and read on May 22, 1980, and it has been determined that the bid of Tri-State Paving, Div. of Dubuque Stone Products Co. of Dubuque, Iowa in the amount of $428,005.53 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 Tri- · State Paving, Division of Dubuque Stone Products Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubu- que 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 t he unsuccessful bidders. Passed, adopted, and approved this 2nd day of June, 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 sub- mitting preliminary plans, specs, and bidding documents for remodeling the 18th Street Fire Station, 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 Mom bors Brady, Felderman, King, Pratt. Nays-None, Resolution No. 169-80 Approving pre- liminary plans, specs., etc. for remodel- ing of the 18th Street Fire Station in esti- mated amount of $I65,000.00, presented and read. Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mum bets Brady, Felderman, King, Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO. 170.80 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 provcment for the 18th Street Fire Station Remodeling. BE IT THEREFORE RESOLVED that the City Council on its own motions, deems it advisable and necessary for the public welfare to make the herein men tioned improvement and unless proper- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objectigns 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 from Revenue Sharing funds and Community Development funds. The above resolution was introd~ced, approved and ordered placed ua file with the City Clerk this 2nd day of June, 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 this Resolution. Seconded by Council Member Pratt. Carried by thc following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays None. 214 Regular Session. Jtme 2.1980 (Fixing Dale of Hearing) RESOLUTION NO. 171.80 WIIEREAS. the City Council of tim City of Dubuque. I0wa. has ~iven its pre limina~ y approval on the proposed plans, ~peciflcations. and form of can~rac~ an~ pined same on file in the office oI the City Clerk for public Inspection for lStl~ Street Fire Statbm remodeling. NOW THEREFORE BE FI' RESOEV- ED BY THE CITY COUNCIL OF TRE CITY OF I)DBUQUE. IOWA: That on thc 7th day of July. 1980. a Pnblic Rearing will be held at 7:30 p.m. in th~ Council Chambers of the City o~ Dubuque at City Hall at which time the ~blectors for the proposed irnprovemen~ may appear and make objection to the proposed plans and specifications, form of contract, and cost of said ~mprow~ inen~ 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 no~ less nays prior to the day fixed lor its consid- eration, and the City Clerk be and is hereby directed to have published the mont. and thc City Cb!rk is hereby 2nd day of June, 1980. Carolyn Farrell Mayor James E. Brady D. Micheel King John L Felderman Michael W. Pratt Gotlncil Members ATTEST: Mary A. Davis City Clerl~ Yeas Mayor Earrell. ~ouncil Mere t)ers Brady, Felderm;m. King, Pratt. N:tys None. RESOLUTION NO. 172,80 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Projects. WHEREAS. the City of Dubuque has Regular Session, June 2, 1980 EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental proce- dures for the Community Development Block Grant Program, the City of Dubu- que has prepared a Notice of Finding of No Significant Effect on the Environ- ment for the Projects identified as follows to be undertaken under Title I of the Housing and Community Develop- ment Act of 1974. Removal of Architectural Barriers (18th St. Fire Station) St. Mary's Street Drainage Project Tri-State Independent Blind Society Energy ConServation Project The City of Dubuque has found that these Projects have no significant effect on the environment based on the follow- ing facts and reasons. 1. Assessment of the nature, magni- tude, and duration of any adverse and positive impacts; 2. Consideration of alternatives to the Projects, commitment of re- sources, known views of local groups, measures which can be in- stituted to lessen potential ad- verse impacts and to enhance the environment; 3.No loss of unique environmental 4. No irreversible development, trends; 5. A minimum occurrence of ad- verse etfects that cannot be avoided; and 6. No impacts on properties posses- sing historical, archaeological, ar- chitectural or cultural signifL The City of Dubuque has made an En- vironmental Review Record for these Projects, and has placed these records on file in the office of the City Clerk iu City Hall, 13th and Central Streets, Du- buque, Iowa. These environmental rec ords are available for examination and may be copied between 8:00 AM and 5:00 PM daily except Saturdays, Sundays and holidays. No further environmental review of the Projects is proposed to be conduct- ed, and the City of Dubuque intends to request the U.S. Department of Rousing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of DubuqUe until 12:00 Noon, Fri- day, June 20, 1980 addressed to Mayor of the City of Dubuque, City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and Published June 3, 1980. Mary A. Davis City Clerk 215 Council Member King moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrel!, Council Mem- bors Brady, Felderman, King, Pratt. Nays+None. Communication of City Manager re~ questing Mayor be authorized to sign Stipulation of Bargaining Unit for Gen- eral Drivers & Helpers Union to repre- sent certain employees in the City of Du~ buque, 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. 173.80 Resolution Authorizing the Mayor to Sign the Stipulation of Bargaining Unit. WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ ment Relations Act, Chapter 20, Code of Iowa, 1975; and WHEREAS, the City of Dubuque is a Public Employer within the meaning of Section 3 (1), of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, is an Em- ployee Organization Within the meaning of Section 3 (4), of the Public Employ- ment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, submitted a Petition to the Public Employment Rela- tions Board requesting to bargain collec- tively with certain public employees in the City of Dubuque; and WHEREAS, the parties have reached a tentative agreement as to what consti- tutes an appropriate unit for purposes of collective bargaining within the mean- ing of the Public Employment Relations Act. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the amendment to the bargain- ing unit be approved gnd the Mayor be authorized to sign the attached Stipula- tion of Bargaining Unit. Passed, adopted, and approved this 2nd day of June, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Council Members Mary A. Davis City Clerk 216 Regular Session, June 2, 1980 adoption of the Resolution. Seconded by Council Member Pratt. Caeried by thc following vole: bors Brady, Felderman, Kinm Pratt. Stipulation of Bargainin~ Unit for epee that the communication be received and filed. Seconded by Council Member Pralt. Carried by the folh)wing vo~e: Yeas-Mayor Farrell, Council Mom- bees Brady, Felderman. King, Pratt. RESOLUTION NO. 174-80 Reaolution Authorizing the Mayor to Sign the Stipulation ot Bargaining Unit. WIIEREAS. the Sixty-fifth General Assembl~ adopted the Public Employ ment Relations Act. Chap£er 20. Code of Iowa. 1975: and WHIgREAS. the City of Dubuque is a Public Employer within the meamng el Section 311) of fhe Public EmploymcnL Relations Act: and WHEREAS, the International Union Employee Organization within tbe meaning of Section 3(4) of the Public Em- WHEREAS~ the International Union of Operating Engineers. Local #758, has employees in the City of Dubuque; and, WHEREAS, the parties have reached ing el ~ho Public Employment Relations NO W THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DflBIlQUE. IOWA: 2nd day of June, 1980. James E. Brady 1)~ Michael King John I, Felderman hdlowing veto: Seconded by Council Member Folder- man. Carried by the [ollowin~ vote: YeasMayor Farrell, Council Mom Nays-None. ORDINANCE NO. 39-80 AN ORDINANCE OF THE CITY OF DU. 0UQUE. IOWA AMENDING THE CODE OF ORDINANCES. BY REPEAL~ NG SUSSECTION (d) OF SECTION &29V= OF ARTICLE Il OF CHAPTER 4 THEREOF, AND ENACTING A NEW StJ 9SECTION (d) OF SECTION 4.29V~ OF ARTICLE II OF CHAPTER 4 IN LIEU THEREOF TO PROVIDE FOR A CHANGE FROM $1.00 PER DAY TO $2.00 PER DAY RENTAL IN LOT NO. 2. ,~ouncil Member King moved that the reading just had be considered the iirsl reading of the Ordinance. Seconded hy Council Member Felderman. Carried by Council Member King moved that the dispensed with. Seconded by Council bees Brady Felderman. King, Pratt. (Official Publlcationl ORDINANCE NO. 39-80 AN ORDINANCE OF THE CITY OF DU. ROQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE- IOWA, BY RE, PEALING SUBSECTION {dj OF SEC. TION 4.29 ~/z OF ARTICLE II OF CHAP- TER 4 THEREOF. AND ENACTING ~ NEW SUBSECTION Id) OF SECTION 4-29V~ OF ARTICLE II OF CHAPTER 4 N LIEU THEREOF TO PROVIDE FOR ~ CHANGE FROM $1.00 PER DAY TO $2.00 PER DAY RENTAL IN LOT NO. 2. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: R_~gular Session, June 2,1980 es of the City of Dubuque, Iowa be and the same is hereby amended by repeal lng Subsection fd] of Section 4-20q~ of ~ rticle Il of Chapter 4 thereof and enact- sng a new Subsection fdJ of Section 4,29~/~ of Article H of Chapter ~ in lieu thereof to read as follows: CHAPTER 4. ARTICLE Il Section 4-29V=, rd) On parking lot No. 2, parkiny spaces shall be rented at a rate of two /$2.00] dollars per day and any por- tion ora day shall be considered a f~ll day; and on parking lots Nos. 7and 8, parking spaces shall be rented at a rate of one [$1.00t dollar per day and any portion of a day shall be consid- ered a f~ll day. Passed, adopted, and approved this 2nd day of June, 1980. Carolyn Farrell Mayor James E, Brady D. Michael King John L, Felderraan Michael W. Pratt Council Mere bees ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day 1980. Mary A. Davis City Clerk I t 6/23 Council Member King moved final adoption of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Transit Trustee Board requesting a Work Session be set with the Council for definition of their role as to hiring personnel at Keyline, presented and read. Council Member King moved that the communication be received and filed and that the date of June 19, 1980 be set for the requested Work Session. Seconded by Council Member Felderman, Carried by the following vote: Yeas-Mayor Farrell, Council Mom- bees Brady, Feldorman, King, Pratt. Nays-None. Communication of Larry TerRier sub- mitting his resignation from the Human Rights Commission effective immediate- ly, presented and read. Council Member Brady moved that the communication be received and filed and that the resignation be accepted, with regret. Seconded by Council Member Felderman. Careied by the fol- lowing vote: 217 Yet~s-Mayor Farrcll, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. CommunicaUon of City Manager re~ commending denial of the petition of Hardie Advertising Inc. to install out- door advertising structure on Kerper Blvd., presented and read. Council Member Pratt moved that the eom~nunication be received and filed and the denial approved. Seconded by Coun- cil Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mom: bors Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 40-80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, AMENDING SEC- TIONS 19-1 AND 19.2 OF THE CODE OF ORDINANCES BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS 19-1, 19-2 AND 19.3 IN LIEU THEREOF PERTAINING TO REVISING AND RE.ENACTING A ME- CHANICAL CODE FOR THE CITY OF DUBUQUE, IOWA, REGULATING THE INSTALLATION, MAINTENANCE AND USE OF HEATING, VENTILATING, AIR-CONDITIONING AND REFRIGER- ATION SYSTEMS WITHIN THE CITY OF DUBUQUE, IOWA; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES THEREFOR; PROVIDING FOR THE REGISTRATION AND EXAMINATION OF MECHANICAL CONTRACTORS AND PROVIDING rFOR PENALTIES FOR VIOLATION OF SAID ORDI- NANCE, having been presented and read at the meeting of May 19, 1980, ,resented for final adoption. (Official Publication) ORDINANCE NO. 40.80 AN ORDINANCE OF TH E CITY OF DU. BUQUE, IOWA, AMENDING SEC- TIONS 19.1 AND 19.2 OF THE CODE OF ORDINANCES BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS 19-1, 19-2 AND 19-3 IN LIEU THEREOF PERTAINING TO REVISING AND RE-ENACTiNG A ME, CHANICAL CODE FOR THE CITY OF DUBUQUE, IOWA, REGULATING THE INSTALLATION, MAINTENANCE AND USE OF HEATING, VENTILATING, AIR.CONDITIONING AND REFRIGER- ATION SYSTEMS WITHIN THE CITY OF DUBUQUE, IOWA; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THERE. FOR; PROVIDING FOR THE REGIS- TRATION AND EXAMINATION OF MECHANICAL CONTRACTORS AND PROVIDING FOR PENALTIES FOR VI- OLATION OF SAID ORDINANCE. NOW THEREFORE, BE IT ORDAIN- 218 Regular Session. June 2, 1980 ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Cod~ DJ Ordinances of the City of Dubu Section 19-1. Uniform Mechanical Code - Adopted in lieu tlwreoj as jbllows: Section 19.2. Uniform Mechanical Code- Amendments Section 203. Board of Appeals Section 203. Mechanical Code Board Section 203.(a} Board Established cd the Mechanical Code B,ard Section 203.(b) Membership Section 203.(c) Term of Office Seclloa 203.(d] Rules and Regula- tions I/Board Chairperson 2t Secretary ut the Board Regular Session, June 2, 1980 219 accounting, budgetary, and proce dural policies of the City shall guy evn the Mechanical Code Board in all of its operations. 10] Duties When Serving As An Appeals Board Any person who is aggrieved by o decision of a Building Official, or from any requirements resulting from the enforcement of the Mechaw ical Code, may appeal from such de sion to the Mechanical Board and said board shall serve as an Appeal Board. In case the aggrieved party is a Board memben said member shall be disqualified as a memSer of the Board acting as an Appeal Board, uw til the person aqgrieved has been heard and a decision rendered, The appeal shall be made by the person aggrieved, giving written nw lice of such appeal to the Chief Me- chanical Inspector at the Office of the Chief Mechanical Inspector within seven ltl days after becoming ag- grieved. The Mechanical Code Board sitting as an Appeal Board shall meet within seven ~7l days after re~ ceiving such no t~ce and shall re nder a decision within five 15] days thereaf- ter. Any interested party, including the Building Official, may have the right to present their case to the Ap- peal Board, whose decision shall be final, unless appealed to the District Court as provided by law. Section 204, Violations is hereby amended by repealing such Section and replacing such Section with a new Section in lieu thereof as Jbl~ Section 204. Violations & Penalties It shall be unlawful for any person, firm or corporation within the juris- dictional limits of the City of Dubu- que to erect, cause or continue any at- tractive, common or public nuisavce declared by any provision Dj' this Code or Ordinance or any Code or Or~ dinance herein adopted by reference; or to erect, construct, enlarge, alter, vert, demolish, equip, use, or main~ lain any mechanicdl systems or equipment; or any po*'tion or combi- nation thereof; or cause or permit the same to be done; contrary to or in vio- lation of any of the provisions of this Code or any Code or Ordinance here- in adopted by reference; or to fail or neglect by omission to comply with any of the provisions of this Code or Ordinance or any Code or Ordinance herein adopted by referenbe. The doing of amy act, or the omission of any act, declared to be i*nlawfltl by this Code or Ordinance, or any Code or Ordi~u~nce herein adopted by r~tl~ nor, and each said act shall be deem- ed a separate offense, fi~r each and every day o¢ portion thereof during which snch unlawfulact is continued or permitted and upon conviction shall be punishable by a fine in a sum not exceeding one hundred dollars ~lO0. OOt or by imprisonment not to exceed thirty (30] days or by both such fine and imprisonment. The penalty herein provided shall be mulative with and in addition to the revocation, cancellation orjbrfeiture of any license or permit elsewhere in this Code or Ordinance provided jbr violation thereo~ Section 301.(b) Exempt Work is hereby amended by repealing such section and replacing such section with a new Section il~ lieu therc(~f as jbllows: Section 301.(b) Exempt Work. A mechanical permit will be not be re quired Jbr the jbllowing: 1) Any portable heating appliance, portable ventilating equipment, por- table cooling unit or portable ewq~or- 2) Any closed system of steam, hot or chilled water piping within heat- ing and cooling equipment regulated by this Code. , 3) Replacement of any component part or assembly of an appliance which does not alter its original ap- proval and complies with other ap- plicable requirements of this Code. 4) Any rej¥igeration equipment which is' part of the equipment for which a permit has been issued pur- suant t. the requirements of this Code. 5l Any u,nit refrigerating systenl. 6} Replacevlent of any existing do- clothes dryer as regulated by Chap- tar 19 of this Code. 7) Any domestic ventilation .lbn eo~cted to a single dnct. 8l For the installation of each mastic hood which is served by chanical exhausts, including the ducts ]br such hood. Exemption from the permit quirements of this Code shall not be deemed to grant authorization f~r any work to be done in violation of the provisions of this Code or any o thor law s or ordinance s of this juris~ diction~ Section 3. That a new Section 19-3 be added to the Cod(! ~f Ordinances by the City of Dubuque as follows: 220 Section 19-3. RegistraRon and Ex* amination of Mechanical Contrac* Regular Session, June 2, 1980 City of Dub~t,que a successor to the applica~tL All applications shall be ~w~ ~o by the appgcant before ~ ed h~ coin and the ke~brreg~stratto~ paid. Section 3A03. Issuauce of Regis- tration Certificates. Upon receipt of the application jot h'ou shall expire o~ the 31st day oJ l)ecem bet of, e~ch year and shall be Section 3A04. Fees for Certificate of Registration. The applica~o?~ ]~e for the initial the application. No 1~ s shall be re- iss~ted or denied. Tbe annualrenewal fee fi: such Certtj]cate of Registra- Sectio~ 3A05. Revocation or Sus. pension of Certificates et Registra- tion. Regular Session; JUne 2, 1980 221 shall be revoked until a public hear- ing has been held by the Board, at which hearing the registrant may ap- pear in person or be represented by legal counsel A Certificate of Registratlan may be suspended for a prescribed period~ not to exceed six (6l months, and the notice of suspension may re- quire the perso~ firm, partnership, corporation, associatio~ or combina- tion thereof, whose registration is suspended, to have the work correct- ed which is in violation before such registration is reinstated. Section 3A06 through 3All. Re- served. Section 3A12. Certificate of Com. petency. It shall be unlawful, except as hereinafter provided, for any person, firm, partnership, corporation, asso~ cia~la~, or by any combination there- of, and also for any accomplice, to perform or assist in performing any act concerning, affecting or relating to the installing or servicing of any matter covered under the provisions of this Code unless said person or a member of said firm, partnership, corporatiov~ association, or any com- bination thereof, shall first have been certified by the City of Dubu- que Mechanical Board as being corn- pe tent to perform such act; or unless such perso?h J~ro*, corporation, part- nership, associatio~ or any combina- tion thereof, shall have regularly and steadily in his or its employ a person or persons so certified by such Board as being competent to perform the act or acts governed by the provP sions of this Code and which he or it desires to engage in within the.l'uris- dictional limits of the City of Dubu- que, Iowa, The holder or holders Certificates of Competency shall be the authorized representative or representatives of said firm, part- nership, person, corporatio?h associ- ation, or combination thereof, in mat- ters concerning, aJ~kcting, Or related to conformance with the p~visions of this Code. Final responsibility however, for compliance with the provisions of this Ordinance shall be with the owner or owners of the firm, partnership, corporation, associa- tion, or any combination thereof, who agree to undertake the perfbr~ mance of such act or acts; and said owner o~ owners sh~ll be responsible for obtaining from the Office of the Chief Mechanical Inspector the necessary permit or permits, ap- provals, certificates, etc. before any such act is started al the site of the in- stalling or servicing. No perso~ fir:th partnership, col poratla~h association, or any combi- nation thereof, shall be granted per- mission to perform any act other than that which is specified in the Certificate or Certificates of Compe- tency possessed by said person, or ~rlember, or e?nployee, or employees ~f s¢~¢l firm, partnership, corpora- tion,: associatlan, or any corn bination thereof, and such act or acts shall be perJbrmed under the direct supervL sion of such CertiJ~cate of Compe ten- cy holder or holders. The provisions of this Code shall not prohibit a:r~y person j~om assisting in the act or acts of installing or servicing of mat- ter covered by this Code when s~*eh act or acts are perJbr~rled under the direct supervision ora person or per- sons so certified to be competent to perJb2~ such act or acts. Section 3A13. Owner. Occupant Ex- emption. The sole owner-occupant of a sin- glo family dwelling, who resides or will reside in that single ]~mily dwelling with no other person than the members of their immediate family, ~rlay personally perfo.rm any act governed by this Code without op taining a Certificate of Compe ten. cy and Certificate of Registration provided that the owner-occupant shall first apply for and obtain a pe~ mit fro?~ the Building Official for such act required by this Code and have all such work inspected and ap- proved by the Building Ofj~cial and conform with all other applicable re- quirev~ents. No person qualifying for the owner-occupant exemption shall be eligible for a subsequent emption on any other structure for seven t7t years. Section 3A14. issuance of Certifi- cate of Competency. Upo~l receipt of an application and examination fee, the Board, having determined to their satis~clion that the applicant is eligible for examinw lions provided herein under "Qualifil cations jbr CertiJ]cate i~f Competen- cy', shall examine the applicant jbr competency in the.field or fields, or portions thereof, for which applica~ lion was wade. ttavi~g passed such examination as the Board vlay pre- of the applican! the Board shall issue the Certificate of Competency to lh~ applicant, limiting the validity of the Certq¥cate of Competency to the f~eld or jYelds, class or classes, for which the applicant applied, was ex 222 Regular Session. June 2. 1980 Section 3A15. Examlllatlon Fee, The e~'anltnation fee for a Certi]il. cate oj Competency shall be fifLee?t dollars t$15.00t per person/bt from taken at ore examinatioI~, ff more ttonat ffftee~ dollars ($15. 00~ will.be charycd rot one to Jour successive same as o~ginal examination fees a~ shown above. The .tee shall be paid application and there shall be no fund Jbr any reason. ,.ct include the jk, e fi)r any original for an o~ginal Certificate of Compe- teilcil ,~hall be j~J'tee*i dollars {$15,0(Y Section 3A16. Scope ol Examina* Applicators sh~ll be examined ~teir knowledge oj the r~des and r~ y. a comvlel~ rem~rd of each shall be those areas.for which a Certg~ca~e o~ provided, 1,~r example: If an appli. ~ppliauce. The i~clnsion crazy elco- ~a be competent in the installi~ ~ Ol servictng of such matter.~ covered by other Ordinances or Codes in the City of Dubuque. ~n each case, the ap- plicant shall only be cerLified compe- tent ~n matters jbr which he applied and jor which he was examined. The Board shall have the authority to de- ~e~ya~ne the e3~ar~ination Lo be given to the applicant. Section 3A17. Examination Peri* ods. E~camination o! applicants for Certificate of Competency under the vrovisions al this Ordinance shall be held a~ least once ever~ three m onLhs providin~ o~te t.l$ or more ap- plicants have filed jbr examinatw?t or m ore ~.ften if the Board desir~ ~. at such time and place as the Board may designat~ Section 3hlfl. Passing Grade. Section 3A20. Certificates of Com- petency Not Transferable. ~enewal fee for a CertiJ~cate of Com- Section 3A22. Waiver of Certificate Regular Session, June 2, 1980 223 competent under Lhe provisions of this Ordinance to perform any of the following: al The lubrication of moving parts where requi¢ed, bt The replacing of air filters, drive belts, electrical fuses or lamps, the replenishing of fuel, humidifier plates and any other such very minor maintenance as does not alter the ca. pacity, construction, material, de- sign, combustion, venting control, operation, location or use, providing such maintenance does not involve the disconnecting or reconnecting of appurtenances such as wiring, pipes, d~cts, etc. cl The normal operation and use of matter covered as intended except when initially placing in operation or use after installing or altering. d/The cleaning of heating surfac- es, chimneys, flues, vents, and such other surfaces that are exposed to the accumulation of dust or dirt and may require cleani~lg frequently. Section 3A23. Limitations of Certi- ficates of Competency. Any individual may be the hldder of one or more Certificates of Com- potency, certifying him as being competent in one or more matters covered by this Code, Such individu- al is limited to perform or supervise that work for which his Certificate of Competency certifies him as being competent in. The possession of a Certificate of Competency issue duw der the provisions of this Ordinance does not grant permission of the holder to perform electrica~ plumb- ing o~' other work in connection with matters covered by this ordinance when licenses or Certificates of Com- petency are required under the pro- visions of any other National, State or Municipal law, code or ordinance for such Section 3A24. Revocation or Sus- pension of Certificates o! Compe- tency, ' Tko Board may revoke or suspend any Certificate of Competency is- sued under the provisions of this Code for any one or more of the fol. lowing reasons: a) Misrepresentation of a material fact in obtaining such Certij¥cate of Competency or the renewal thereq~[ bi Transferring or allowing the use of such Certificate qf Competen- cy, directly or indirectly, by another person. c/ Failure to make sure the per- mits, inspections, and approvals re quired by this Ordinance have been secured as provided fon dj Workmanship or work not in conformity with the provisions of this Ordinance or not in conformity with the permit issued. e) Repeated violations of this Ordi- nance, or failure or refusal to correct promptly an installation or part thereof made in an i?~competent or improper manner or in violation (ti' any provision of this Ordinance, It shall be the duty of the Chief Mechanical Inspector to report such violations Lo the Board. When a Certificate of Compe tency has been suspended three (3) times, any subsequent action because of any of the reasons listed under this sec- tion shall include revocation of such eertificaLe. No Certij~cate of Co~lpe tency shall be revoked until a public hearing has been held by the Board, at which hearing the holder of such certificate may appear in person or be represented by counsel. A Certificate of Competency may be suspended for a prescribed peri- od, not to exceed six (6] months, and the notice of suspension may require the person whose Certifi'cate of Com- petency is suspended, to correct thc work in violation of this Code bejbre such certiJ~cate is reinstated. Section 4. Ordinance Repealed. The Heating, Ventilating, Air-Condi- tianing and Re]~igeratian Code of the City of Dubuque, Iowa, established by Ordinance No. 9-62 a~d all amendments thereto be and the same are hereby ex- pressly repealed. Section 5. Savings Clause. If any section, provision, or part of this Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudged reac- tion shall not aftbcL the validity of the Ordinance as a whole: or any section, provision or part hereof no t a~ttdgcd in- valid or unconstitutional. Section 6. When Effective. This Or- dinance shall be in effect after its final passage, approval and publication as re- quired by law. Passed, adopted, and approved this 2nd day of June, 1980. Carolyn Farre ll Mayor Jarn es E. Brady D. Michael King John L. Felder~nan Michael W. Pratt ATTEST: Council Mom bors Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper t his 11Lh day of ~une, 1980. Mary A, Davis I t 6/11 City Clerk 224 Regular Session, June 2, 1980 Conned Member King moved for final adoption of the Ordinancu. Seconded by Council Member Felderman. Carried by the following vo~e: Yeas-Mayor Farreil. Council Mere bets Brady, Felderman. King Pratt. Nays-None. Communicatbm of Planning and Zon- ing recommending approwd of rezoning of portion of property in "Patriots Ann Acr/~s' from R-4 to R 2 Residential Dis~ w~cl presented and read. Council Member Felderman moved that tbe communication be received and filed. Seconded by Council Member Pratt. Carried by the following yore: Yeas-Mayor Farrefi. Council Mem- bers Brady, l%lderman. King. Pratt. Nays-None. AN ORDINANCE providing that the Code of Ordinances be amended by classifying portions of property in mcm Ann Acres" kern R-4 Residential District to R 2 Residential District, pre seated and read. Council Member Felder~nan moved that the reading just had be considered the first reading of the Ordinance. Sec ended by Council Member Pratt. Car- fled by ghe following vote: Yeas-Mayor Parrell. Council Mere bets Brady, Felderman. King. Pratt. Nays-None. Council Member Felderman moved tiler the rule requiring an Ordinance Lo ne received and filed at two meetings prior to the meeting when final action is taken, he dispensed with. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrell. Council Mem~ hers Brady, 1;'eldernmn. King, Pratt. Nays-None. Council Member Felderman moved that a Public ltearing be held on tile Or- dinance on July 7. 1980 at 7:80 pan. in the Council £ aamber a; the City Hall and that the City Clerk be instructed to pub- lish Notice of the Hearing in the manner required by law. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrell. Council Mem. bets Brady, Felderman. King, Pratt. Nays-None ORDINANCE NO. 41.80 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES. CITY OF DUBUQUE. IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF. ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWAJ' TO AMEND THE ZONING MAP WITH RE. GARD TO PROPERTIES IN THE CEN- TER SECTOR OF THE TERRITORY IN- VOLUNTARILY ANNEXED TO THE CITY (IF DUBUQUE. IOWA, having been previously presented and read the meetings of April 7th, May 5th. and May 19th, presented for final adoption. (Official Publication) ORDINANCE NO. 41-80 AN ORDINANCE 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 AMEND THE ZONING MAP WITH RE. GARD TO PROPERTIES IN THE CEN- TER SECTOR OF THE TERRITORY IN. VOLUNTARILY ANNEXED TO THE CITY OF DUBUQUE, IOWA. WHEREAS. the City of Dubl~que, /Gum a~aexed certain territory on ~ane 1,, 1979, purs~tan~ to a final orde~ ~,~' the City ~f Develop~nent Board sj the State WfIEREAS by Ordinance No. 39-7E the City Council established temporary ~ ni~.a reqt atin~sJbr the a~nexcd ter. rite.fy pevding establishment of zoning prescribed in Article VIII ~f thc Zoning Ordinan~e. and WHEREAS. th, City Planning o~d Zoning Commission bas completed o study qf land.uses and zonin§ classit~ca- (ions iv the per,wu oj the annexed terri. WHEREAS. the Commission has otber things, to ll~e character of the area and the suitabilih~ o£ the area lbr ~ arti. cuter uses with a vie~ to conservi?~g the vah&e of buildings and enco~ragm9 the mostappropriate use of land throagho~zt Regular Session, June 2, 1980 225 dinance No. 39-79 providing temporary zoning classifications for the annexed territory as they apply to the Center Sector only are hereby repealed. $acti~ ~ That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commissiott ¢~ f the City of Dubuque, Io~m~. ~d~Y~db~i-~d approved this 2nd day of June, 1980. Ca?olyn Farrell Mayor Javies E. Brady D. Michael King John L. Feldevman Michael W. Pratt Council Members ATTEST} Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of June, 1980. Mary A. Davis City Clerk l t b79 r ]CENTER SECTORI ZONING DISTRIOTS j Council Member Felderman moved fi- nancc No. 72 79 providing for the six ual adoption of the Ordinance. Seconded month extension of H.R.W. to December by Council Member Pratt. Carried by 3. 1980 to submit a fired development the following vote: plan, presented and read. Yeas-Mayor Farrell, Council Mere- Council Membee Pratt moved that the hers Brady, Felderman, King, Pratt. reading just bad be Considered the first NaTs~Non~. reading of [be Ordinance. Seconded by AN 0gDINANC~ Amending Ordi- Co me M{ tuber Felderman. Carried by 226 Regular Session, June 2. 1980 COUNCIL OF THE CITY OF DUBIL QUE, IOWA: That I he following, having complied ld!ap,y's Inc. - R,!ckd.ie tloliday Oil Distributing. Inc, -- 14th & Central Ave. Holiday Oil Distributing. Inc. -- 1675 John ~, Kennedy Rd. J & RC, Inc. --- 431 Rhomberg Ave. JFK Fast Foods, Inc. -- 2075 John F. Kea/nedy Rd. Junnie's Lmmge, Ltd. --- 2095Kerpcr Blvd. Thomas E. Kessler - 1993 Asbury Rd Kopple's Market. Inc, - 1098 Univer- sit? Ave. Leomtrd ()il Company 1887 Dodge St. Liberty Resta~wants Inc. -- 401 Ced tral Ave. Catherine Meyer 530 E. 22nd St. Mulgrew Oil Co, 3355 Pennsylvania Ave. Beverly Miller ~ 260 Southern Ave. R & S Enterprises Ira!. --- 485 Central Ave, RuegnitzDrug- 629RhombergAve. John L. Savary -- 827 Dodge St. Donald J. Schute - 1646 Asbury Rd. Statues Sflkas -- 2372 Central Ave. Linda L. She}don - 1399 Jackson St Kenneth L. Simon -- 2418 Central. Dick Alberv 3200 Central Aw~. Alia K Zazz. Inc. -- 1800 Radford Rd, William l{aneock -- 2205 Carter Rd. Brian Vincent -- 3305 Asbury Rd. Rita Chmcy --- 201 E. 22nd St. Brenda & Soun~ Benton Hyway 20 Wes! Joseph Sutter- 32nd & Jackson. Moracco Supper Club [nc. - 1413 Rockdale Rd. Sears-Roebuck Co. 300 S. Locust St. United Automobile Workers. Local 94 - 3450 Central Ave. Earl Schumacber 2204 Central Vivian Heinz -- 3301 Pennsylvania. T F M Co. -- 1256 Iowa St. TFMCo.--99W. 32ndSt. T F M Co. - 1545 S. Grandview Ave. dI-Co Inc. -- 805 West 5th St. Marian Bradc & James Henkel 2616 Windsor Ave. Canfield lloteL Inc. -~ 36 West 4th Si,. Melvin L. Dnnovan 1876 Central Ave. LaVern I{ennen 3300 Asbury Rd, Iowa Oil Company University ~ Asb~ry. Iowa Oil Company -- 1481 Dodge St. James J. Kinder -- 1646 Asbury Rd Osco Drug Inc. - 703 N. Main St. Perkins 'Cake & Steak 3500 Dodge. Perkins Cake & Steak 3500 Dodge, Sirhdn SIockade. lnc.- 1895 dohn F. Kennedy. Regular Session, June 2, 1980 Raymond L. Tsehiggfrie - 1190 Dodge St. Mike Weber & Randall Rick -- 3670 Central Ave. Passed~ adopted, and approved this 2nd day of June, 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. RESOLUTION NO. 176-80 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 wlth 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 Catherine Meyer -- 580 E. 22nd St. Passed, adopted, and approved this 2nd day of June, 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 ResoIution: Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, RESOLUTION NO. 177.80 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 t~ be occu- pied by such applicants were inspected and found to comply with the State Law 227 and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque Post No. 6 of American Legion -- 1306 Delhi St. Dolores E. Roeth - 600 Central Ave. Passed, adopted, and hpprbved this 2nd day of June, 1980. CaroIyn Farrell M0yor 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. Abstain-Council Member Brady on the Legion License only. Request from Dubuque Jayeees to transfer Beer Permit from 1023Vz Main Street to Theisen Store at 2990 Dodge Street on June 6, 7, and 8th and to McAleece Field from August 1st through August llth. presented and read. Council Member King moved that the request be approved, See0nded by Couw cfi Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Commnnieation of Dubuque County Conservation Society requesting City to accept offer of Twin Sisters' Partners Land donation to City for open space use, presented and read. Council Member King moved that the communication 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. Communication of HUD advising of approval of application dated March 10, t980, for existing housing to be assisted by Itousing Assistance payments pursu-. ant to Section 8 for 40 units consisting of 19 1-bedroom units; 12 2-bedroom units; 7 3~bedroom units and 24-bedroom units, presented and read. __R_~_ular Session, June 2, 1980 229 228 Council Member King moved that tbe communication be received and filed Seconded by Council Member Pratt. Carried by the following vole: Yeas-Mayor FarrelL Council Mem- bers Brany, Fe]derman. King. Pratt. Nays-None. MINUTES SUBMITTED: Airport Commission Iff 513: Electrical Exam thing Board of 5-13: TV Commission of 5-6: Recreation Commission of 5-12: Board of Dock Commissioners of 5-7: Heating, Ventilating, Air-Conditioning and Refrigeration Board of 5~7: Transit Board Earnings Statement for month of April; tIousing Commission of 5-20: Human Rights Commission of 4-28: Five Flags Commission of 5-20~ Historic Pre- servation Commission of 5-1. 5-13. and 5-20~ presented and read. Council Member Pratt moved that the minutes be received and filed, Seconded by Council Member King. Carried by tbe Following vote: Yeas-Mayor Farrell. Council Mem bees Brady, Felderman. King, Pratt. Nays-None. Proof of publication, certified to by the Publisher of Notice of Receipts and Expenditures, also Claims for month el April, 1980, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member King. Moved by the following vote: Yeas-Mayor Farrel] Council Mere hers Bracy, Felderman. King, Pratt Nays-None. Petition of Dubuque Jayeees request- ing to hold a fireworks display on July 4th at Vet's Memorial Park. presented and read. Ken Schrolnen spoke in regard to bis concern that last year's fireworks dis play led to a huge traffic jam in the neighboring area and vehicles o~ all kinds could nol move in any db'ection, also this would be extremely dangerous in view of no accessibility for emergency vehicles. Regular Sessiun~ June 2, ][980 Petition of James W. Herrig of 595 Cooper Place requesting to close Cooper Street on July 19th between 3:00 p.m. and 9:00 p,m, for a "Block Party" pre- sented and read. Council Member Pratt moved tha~ the )etition be referred to the City Manag- er, Seconded by Council Member King. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem~ bees Brady, Fe derman, King, Pratt. Nays None, NOTICE 0F CLAIMS -. Notice of Suit of Joan Ingles and Lori Ann Ingles for personal injuries in the amount of $5,000 as a result of fall on sidewalk i~ear the corner of East 21st and Washington Streets: Notice of Suit of Carl F. and Irene Ruff vs. Tschiggfrie Excavating Co.. Dubuque Land Development Ltd. and City of Dub ~qne for property dam age in amount of $60.000 for run-off caus~ ed by development el Clarke Crest Es tales Subd v s on: ia n of I~ red J. Brelt- felder in esUmated amount of $75.00 for back-up sewer damages: claim of Robert J. Flick. in the amount of $250.00 for damage done to boat trailer aL 16th Street Boat Ramp; claim of Henry Van- deem illen, in amount of $127.50 for back ed up sewer damages; claim of Gertrude Gross in an undetermined amoun~ for persona~ inluries rece~w~d ill a fall on Ma) 23rd on Grandvicw Avenue: Notice of Suit from Rosemarle Walsh vs. City and Milwaukee Railroad for personal uries hi amount of $t50.000, presented t,oum'd Member tratt moved that the Notices(d Cia l~sandNotlcesofSu ts be S .rended by Cunc l Member King. Car~ rind by the following vole: Yeas-Mayor Farre]l. Council Mem- bers Brady, Felderman. King, Pratt. scl recommending denial of personal tn iury claim of Elaine Woodrnm, presen~- ed and read. Council Member Pra~ moved that the communication be received and filed and denial approved. Seconded by Council Member King. Carried by the following Yeas-Mayor Farrel] Council Mere bees Brady, Felderm~m, King, Frail. Nays None Communication of [~orporation Coun scl advising of dismlssal of Claim by Roger A. Voss ' dmaB CImms Court. presented and read. Council Member Pra~ moved that the communication be receiver and filed and dismissal approved. Seconded by Corm- cfi Member King. Carried b) the fogow- Yeas-Mayor Farrell, Council Mcm~ bees Brady, Felderman, King, Pratt. Nays-None. Proof of publication, certified to by the Publisher, published 4-22-80 of Notice 0I Intent to file a request from HUD Of approved application for FY '80 Block Grant Funds, presented and read. Council Member Pratt moved that the pi~o0f of publication be received and filed. Seconded by Council Member King~ Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Printed Council Proceedings for months of January and February, 1980, for approval, presented and read. Council Member Pratt moved that the proceedings be approved as printed. Seconded by Council Member King. Car- ried by the following vote: YeaS-Mayor Farrell, Council Mem~ bers Brady, Felderman, King, Pratt. Nays,None, Communication of City Manager sub- mitting report of the results of a meeting between Jack and Curdle Heiderscheit and a representative of the Building Di- vision relative to tbeir concerns of the Building Code and Building Permits, presented and read, Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the tollowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re~ questing authority to submit State- ments of Concern to the Iowa League of Municipalities, presented and read, Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Communication of City Manager re- commending payment of $5,898.15 to Howell et al for attorney fees and costs resulting from a law suit tried in U.S. District Court, presenged and read. Council Member Pratt moved that the Communication be received and filed and payment aPproved. Seconded by Coun- cil Member King. Carried by the follow~ lng vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. RESOLUTION NO. 178.80 A ResOlution Authorizing the City Council to Terminate the Bond Issued by Hartford Accident and Indemnity Company, No. N4223847, for Gerald Kopischke as Airport Commissioner ef~ fective April 7, ~980, in the amount of $1,000.00, presented and read. Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Mayor Farrell asked if there was any- one present in the Council Chambers who wished to address the Council at this time. Mr. Steve Ames spoke to the Council in reference to a letter he received from the Corporation Counsel recommending denial of a claim submitted by him for the loss of a tire and rim due to hitting a hole in the westbound lane of Peru Road. Council Member Brady moved that the Council award hall of damage claim to the claimant. MOTION DIED FOR LACK OF A SECOND. Council Member Pratt mo,~ed that the complaint be referred to the City Man- ager for further investigation and he be directed to report back to the next meet- ing. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Felderman. 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 Council Members ATTEST: City Clerk 230 S~pecial Session CITY COUNCIL OFFICIAL Special Session. June 16. 1980. Council reel at 7:30 P.M. (C.S.T.) Present. Mayor Farrell. Council Members Brady, Felderman, King. City Manager W. Kenneth Gearhart. Mayor Farre]l read the cai] and stated that service thereof had been duly made and this Council Meeting is caliod for the purpose of Initiating Proceedings in con- nection with the issuance of $3,400,000 Corporate Purpose Bonds of tbe City of Dubuque iowa and acting upon such other business as may properly come be- fore the Council Proclamations decIaring month of June as "Bsrglary Prevention Month" and June 27. 1980 as "Colt 45 Drum and Bugle Corps Day". were read and so pro~ claimed by Mayor Farrall. Proof of publication, certified to by the Publisher. of Notice of Public Hear- ing to amend the. Zoning Ordinance to al- low 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. No written objections were received and no oral objectors were present in the CouncU Chambers. Council Member King moved that the proof of publication be received and filed. Seconded by Coun~ cil Member Pratt. Carried by the follow- Yeas-Mayor Farrell. Council Mem~ bors Brady, Felderman. King, Pratt. Nays-None. ORDINANCE NO. 42-80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA: PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RE- PEALING SECTION 4.106.4 OF ARTI- CLE IV AND ENACTING A NEW SEC- TION 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 DIS- TRIC'f. said Ordinance having been pre- vionsiy presented and road at the Coun- cil Meeting of May 19. 1980. presented for final adoption. ORDINANCE NO. 42.80 AN ORDINANCE OF THE CITY OF DU. BUQUE. IOWA. PROVIDING THAT THE CODE OF ORDINANCES. CITY OF DU- BUQUE, IOWA. BE AMENDED BY RE- VISING APPENDIX A THEREOF. ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE June 16, 1980 CITY OF DUBUQUE. iOWA". BY RE. PEALING SECTION 4.106.4 OF ARTI- CLE IV AND ENACTING A NEW SEC. TION 4.106.4 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. 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. [owm be Izmende d by revising Appendix A there- ~£ also known as the "Zoning Ordinance o~d Zoning Map ~[f the City of Dubuque, iowa", by repealing Section 4-106.~ ut Artic& tV thereof ,~ad enacting o new height o/fifteen i15 ~ feet. City of Dubuque Iowa. Special Session, June 16, 1980 231 ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day a/June, 19~0. Mary A. Davis It 6/~0 City Clerk Council Member King moved final adoption of the Ordinance. Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of publication, certified to by the Publisher, of Notice of Public Hear* lng to reclassify Lot 1 of Subd. of Lot I of I of "Faldorf's Place" from R-1 Single Family District to R-1 Planned Unit De- velopment District, presented and read. No written objections were received and no oralobjee~ors were present in the Council Chambers. Council Member King moved that the proof of publication be received and filed. Seconded by Coun- cfi Member Brady. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None~ ORDINANCE NO. 43.~0 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RE. CLASSIFYING PROPERTY HEREIN. AFTER DESCRIBED AS LOT 1 OF THE SUBD, OF LOT 1 OF 1 OF "FALDORF'S PLACE" (TWIN SISTER'S SUBDIVI- SION), FROM R.1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R.1 PLAN. NED UNIT DEVELOPMENT DISTRICT, said Ordinance having been previously presented at the meeting of May 19, 1980, presented for final adoption. ORDINANCE NO. 43.80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE= IOWA," BY RE- CLASSIFYING PROPERTY HEREIN- AFTER DESCRIBED AS LOT 1 OF THE SUBD. OF LOT 1 OF 1 OF "FALDORF'S PLAQE" (TWIN SISTER'S SUBDIVI- SION), FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R.1 PLAN. NED UNIT DEVELOPMENT DISTRICT. WHEREAS, applicants James A. and Myrtle DockaL owners, and Thomas A. Luksetich, developer, have filed a Pre liminary Development Plan for certain property hereinafter described in ac- cordance with provisions of the Planned Unit Development District regulations as se t forth in Section 4-110 ufa rticle IV of the Code of Ordinances, Appendix A thereof of the City of Dubuque, Iowa; and WHEREAS, said applicants have also filed an application for reclassifica- tion of said property from "R-1 Single Family Residential District" to R-1 Planned Unit Development District "in accordance with the provisions of zoning reclassification as set forth in Article VIII of the Code of Ordinances, Appen- dix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has held a public hear- ing on said Preliminary Development Plan and said application for zoning re- classification pursuant to required pub- lished not4ce: and WHEREAS, the Planning and Zon- ing Commission has approved said Pre- liminary Development Plan and said ap- plication for zoning reclassification hav- ing found that said Plan conforms with the review standards applicable to such plans as set forth in Section 4-110.10 of Article IV of the Code of Ordinances, Appendix A thereof, the City of Dubu- quo, Iowa: and WHEREAS, the Planning and Zon- ing Commission recommended the con- currence of the City Council in approval af said Preliminary Development Plan and said application for zoning reclassi- fication; and WHEREAS, the City Council has re- ceived the recommendation of the Plan- ning and Zoning Commission and has held its own public hearing on said Pre- liminary De velopmen t Plan and said ap- plication for zoning reclassification pur- suant to required published notice: and WHEREAS, the City Council has ap- proved said Preliminary Development Plan and said application for zoning classification; NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code a/Ordinance of the City of Dubuque, Iowa, be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassiJ~ing from "R-1 Single Family Residential District" to "R-1 Planned Unit Development District" the following described property, to wit: 232 Lot 1 o/S~bdivisio~,~ of Lot 1 of Lot f of "~ddorf's Place' in the City of Du buque, lowm l~ubuque Counti), Iowa. Section 2. ~ hat the reclassificatiov ]rom "R*I Single ~raily Residential District" to "R*I Planned Unit Develop* ment District' applied to the property herein above described is a tentative re- classq~cation and final adoption of the amendment as set forth in Section 1 of this Ordinance shall be subject to the re- quirements of Section ~-110.11.3 of th, Code of Ordinances. Appendix A there- o], also known as the "Zoning Ordinance and Zoning Ma~ ~f the City qf Dubuque, Iowa" wherebyfinaladoptionofsaidre- classification is contingent upon sugmis- sio~ ora Final Development Pfim by the developer within six 16t months of the e f fective date of this Ordinance and fur- the~' that £ailure by the developer to comply with the requirements as set forth herei~. ~hall automatically revert said property to ~ts former "R-1 Sing& Family Residential District" classifica- tion Passed~ adopted~ and approved this 16th day of June. lgSO Carolyn Farrcll Mayor damesE. Brady D. Michael King John L. P'elderman Michael W. Prat~ Coum'il Members ATTEST: Mary A. Davis Cit~ Clerk Published qfficiall~ ~n the Telegraph Herald newspaper this 20th day of ,]une, 1980. Mary A~ Davis City Clerk I t 6/20 Council Member King moved final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the following vo~e: Yeas-Mayor FarrelL Council Mem~ bets Brady. Felderman. King, Pratl, Nays-None. Proof of publication, .certified to by the Publisher. of Notice of Meeting to provide for thc issuance of Corporate Purpose Bonds in amt. of $3.400.000, pre sented and read. No written ohjections were received and no oral objectors were present in the Council Chambers. Council Member Pratt moved that the proof of publica- tion be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell. Council Mere hers Brady, Felderman. King. Pratt. Nays~None. ~p2eial Sessio_n. June 16, 1980 RESOLUTION NO. 1~9.80 Resolution initiating Proceedings in Connection with the Issuance of $3.400.000 Corporate Purpose Bonds of the City of Dubuque. Iowa. WHEREAS it is necessary and for the besl interest of the City of Dubuque, Iowa and its inhabitants that street im provements be constructed, recon- structed and repaired in and for said City and the estimated cost o~ such street improvements is $2.255,000 and the construetion~ reconstruction and re- pair thereof constitutes an "essential corporate purpose" within the meaning of Section 384.24(3a of the Code of Iowa. 1979. as amended, and it is proposed that tbe cost thereof be paid through the issu~ ance of General Obligation Bonds of said City: and WHEREAS it is necessary and for thc best interest of the City of Dubuque, Iowa and its inhabitants thai stree~ lighting fixtures be acquired, cons~ruc~- ed and installed in and for said City and the estimated cost of such street fighting fixtures is $50.000 and the acquisition. construction and installation thereof constitutes an "essential corporate put pose" within the meamng of Section 384.24(3b) of the Code of Iowa. 1979. as amended, and it is proposed that the cost thereof be paid through the issuance of General Obligation Bonds of said City; aud WHEREAS it is necessary and for the best interest of tbe City of Dubuque, Iowa and its inhabitants that works and facilities useful for the cofiection and dis- posal of surface waters and streams be acquired, constructed, reconstructed. extended, improved and equipped and the estimated cost of such works and cilities is $435.000 and such acquisition. construction, reconstruction, extension. improvement and equipping constitutes an "essential corporate purpose" within the incasing of Section 384.2413d~ of the Code of Iowa. i979. as amended, and it is proposed that the cost thereof be paid through the issuance of General Obliga- tion Bonds of said City: and WHEREAS it is necessary and for the besl interest of the City of Du5uque, Iowa and its inhabitants that works and facilities useful for tbe collection, treat- ment and disposal of sewage and indus trial waste in a sanfi.ary manner be ac- quired, constructed, reconstructed. tended, improved and eqmpped and the estimated cost of such works and facili- ties is $46(].00{) and such acquisition, con~ provement and equipping constitutes an "essential corporate purpose" within the meaning of Section 384.2413dl of the Code of low~. 1979. as amended and it is Special Session, June 16, 1980 proposed that the cost thereof be paid through the issuance of General Obliga~ tion Bonds of said City; and WHEREAS it is necessary and for the best interest of the City of Dubuque~ Iowa and its inhabitants that parks already owned by said City be rehabili- tated and improved and the estimated cost of such rehabilitation and improve- ment is $12§,000 and such rehabilitation and improvement constitutes an "essen.. tim corporate purpose" within the mean- ing of Section 384.24(30) of the Code of Iowa, 1979, as amended, and it is propos- ed that the cost thereof be paid through the issuance of General Obligation Bonds of said City; and WHEREAS it is necessary and for the best interest of the City of Dubuque, Iowa and its inhabitants that airport already owned by said City be improved and the estimated cost of such improve- ment is $751000 and such improvement constitutes an "essential corporate pur- pose'' within the meaning of Section 384.24(3n) of the Code of Iowa, 1979, as amended, and it is proposed that the cost thereof be paid through the issuance of General Obligation Bonds of said City; and WHEREAS under the provisions of Section 384.88 of the Code of Iowa, 1979, as amended, separate categories of es- sential corporate purposes may be incor~ porated in a single notice of intention to institute proceedings for the issuance of bonds; and WHEREAS a notice of the intention of this City Council to take action in con- nection with the issuance of $3,400,000 Corporate Purpose Bonds to pay the cost of constructing, reconstructing and repairing street improvements to the amount of $2,255,000, acquiring, con- structing and installing street lighting !ixtures to the amount of $50,000. acquir~ ~ng, constructing, reconstructing, e×~ tending, improving and equipping works and facilities useful for the collection and disposal of surface waters in tbe amount of $485,000, acquiring, constructing, constructing, extending, improving and equipping works and facilities useful for the collection, treatment and disposal of sewage and industrial waste in a sani- tary manner to the amount of $460,000, rehabilitating and improving parks al- ready owned by said City to the amount of $125,000, and improving the airport aI~eady owned by said City to the amount of $75,000, has heretofore been duly published, and a public hearing has been held on the issuance of said Corpor- ate Purpose Bonds and no oral or written objections have been filed or made to the issuance of said Corporate Purpo? 233 Bonds and no petition has been filed and no oral or written objections have been filed or made; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this hearing on the is. suance of said bonds be and the same is hereby adjourned to the 4th day of August, 1980 at 7:30 o'clock P.M., at the Council Chambers in the City Hall in said City, at which time and place this Council may take further action in cow nection with the issuance of these bonds. Section 2. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed and this resolution shall be effective forthwith upon its passage and approval. Passed and approved June 16, 1980~ Carolyn Farrell ATTEST: Mayor Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the fofiowing vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King. Pratt. Nays~None. Proof of publication, of Notice of Pen- dency of Resolution of Necessity for Public Improvement and Hearing upon proposed plans and specs, etc. for con- struction of St. Mary's Street Storm Sewer, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers 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 showiqg among other things the following: (lt The plan of such improvement (2) 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 tioned improvement, asd 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 234 Special Session, June 16, 1980 men~. they shall be deemed to haw! Said improvemcni 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 tile wlth the City Clerk That the cost and expense of making said improve- ment shall be paid from the Community Dcvelopmen£ Fund. The above resolution was introduced, approved and ordered pl~ced on file with the City Clerk this 19th day of May, 1980. FINAL RECORD OF ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council, this 16th day of June. Carolyn Far tell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Mary A. Davis City Clerk adoonon of the Resolution. Seconded by Council Memher Pratt. Carried by the Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Decision of Council upon objections Io plans, specifications, form of con- tract and coat of improvements RESOLUTION NO. 180.80 WHEREAS, proposed plans and spe~ cifications and form of contract for the construction ¢ f St Mary's Storm Sewer have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code et Iowa, 1979, pertaining to public contracts and bonds, and the time and place fi~ed for the bearing of all objec- NOW ~tIEREEORE BE IT RI~]SOLV- ED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That all obiections which have been made and filed to the plans, specifica- tions, contract for or cost of said im~ provement herein described and pro- posed to be made, he and the same here- by overruled and such plans, specifica- tions and term el contract heretofore ap- proved are hereby adopted. BE IT FURTHER ~RESOLVED that this re~olUtlon contaimng the decision of ~ his Council upon all objections which have been ~iled ~o thc plans, specifica- tions and iorm of cost said improvement be made a matter of permanent record in connection with said improvement. Passed. adopted, and approved this 16th da) of June, 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. Secondml by Council Member Pratt. Carried by the following vo~e: Ycas~Mayor Farter Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Ordering Construction) RESOLUTION NO. 181.80 BE IT RESOLVED BY THE CITY COUNCIl, OF THE CITY OF DUBU QUE. IOWA: That pursuant to a Resolution of Ne- cessity No. 153-80 which was duly pass- ed by this Council for the construction of St. Mary's Storm Sewer. Be and the same is hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All worg shall be constructed in ac- cordance with the plans and specifica- tions heretofore adopted and now on file in tim office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improve- ment be paid from the Community De. velopment Fund. BE 1T FURTHER RESOLVED that I his resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect, from and after ils passage ami adoption by the City Court- e0. Special Session, June 16~ 1980 235 Passed. adopted, and approved this 16th day of June, 1980, Carolyn Farrell Mayor James E. Braay 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 of Notice to tractors of the Receipt of Froposals for the construction of St. Mary's St. Storm Sewer, 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 Mere bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager re commending awarding contract of St. Mary's St. Storm Sewer to Tschiggfrie Excavating Company, presented ann read. Council Member Felderman moved that the communication be received and filed and recommendation approved. Seconded by Council Member Pr~ttt. Carried by the foiler ing vote: Yeas-Mayor Farrell. Council Mere bets Brady, Felderman. King, Pratt. Nays-None. (Awarding Contract) RESOLUTION NO. 182-80 WHEREAS. sealed proposals have been submitted by contractors for the St. Mary's St. Storm Sewer pursuant to Resolution No. 154-80 and notice ;o bid- ders published in a newspaper published tn said City on May 28. 1980: and WHEREAS said sealed proposals were opened and read on June 10. 1980, and it has been determined that the bid of Tschiggfrie Excavating Co. of Dubu que in the amount of $26.773.73 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 Tschiggfrie Excavating and the Manag- er be and he is hereby directed to exe 236 Special Session daycees ;o hold a Fireworks Display on July 4th at Vets' Park be approved, pre Council Member Pratt moved that the bar Feldcrman. Carried by the followin~ bars Brady, Felderman. King. Pratt,. Comnmnieation of Planning and Zen- July 10th with suhsequent Publk' }leav- ing scheduled for July 21st. on behalf of his client. Inland Molasses placed b~ the AG classification, without Communlcalion of City Manager sub June 1.6, [980 man. Carried by Hm following vole: RESOLUTION NO. 183.80 Resolution Accepting the Proposed Agreement Between the City of Dubu- que, Iowa ane the Dubuque Associa. tlon of Prolessional Firefighters, Local #353 and Authorizing the Mayor to Sign Said Agreement. WIIEKEAS. the Sixty-FiRh General Assembly adopted the Public Employ- Iowa. 1975: and WItEREAS. the City of Dubuque is a WHEREAS. bargaining between the NOW TtlEREF()IIE BE IT }tESDLV- ED BY TtlE CITY COUNCIL OF TIlE CITY OI;' DUBUQUE. [()WA: thorized £o sign the attached Collective Carolyn Farrell Michael W. Pratt ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop milling Collectiv~ Bargaining Agree Council Member Pratt moved that ,he mnn. Carried ov the lollowing vote: Special Session, June 16, 1980 237 Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays~None. RESOLUTION NO. 184-80 Resolution Accepting the Proposed Agreement Between the City of Dubu- que, Iowa and the International Union of Operating Engineers, Local #758 and Authorizing the Mayor to Sign Said Agreement. WHEREAS, the Sixty Fifth (~enera] Assembly adopted the Public Employ ment Relations Act, Chapter 20, Code of Iowa, 1975; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(11 of the Public Employment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, is an employee organization within the mean lng of Section 3(41, of the Public Improve- merit Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, sub- mitted a request to bargain collectively on behalf of employees within its repre- sentation; and WHEREAS, bargaining between the part/es has occurred and an Agreement has been concluded. NOW THEREFORE BE IT RESOLV ED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the terms of the proposed Agree- ment be accepted and the Mayor be au- thorized to sign the attached Colle,.tive Bargaining Agreement. Passed, adopted, and approved this 16th day of June, 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 lion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub. mitting Collective Bargaining Agree- ment between the City and the Dubuque Policeman's Protective Association, p re sented and read. Council Member Pratt moved adop lion of the Resolution. Seconded by Council Member Felderman, Carried by the following vote: Yeas Mayor Farrcll, Council Mem- bers Fclderman, King, Pratt. Nays-Council Member Brady. RESOLUTION NO. 185-80 Resolution AccePting the Proposed Agreement Between the City of Dubu- qua, Iowa and the Dubuque Police- men's Protective Association and Authorizing the Mayor to Sign Said Agreement. WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa, 1975; and WttEREAS, the City of Dubuque is a ?ublie employer within the meaning of Section 3(11 of thc Public Employment Relations Act; and WHEREAS, the Dubuque Police- men's Protective Association is an em~ ployee organization within the meaning of Section 3(4), of the Public Employ ment Relations Act; and WItEREAS, the Dubuque Police men's Protective Association submitted a request to bargain collectively on be- half of employees within its represents tlon; and WHEREAS, bargaining between the parties has occurred and an Agreement has been concluded. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the terms of t he proposed Agree- ment be accepted and the Mayor be au- thorized to sign the attached Collective Bargaining Agreement. Passed; adopted, and approved this 16th day of June, 1980. Carolyn Farrell Mayor D. Michael King John L. Feldcrman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- .ion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas Mayor Farrell, Council Mem hers Felder~nan, King, Pratt. Nays-Council Member Brady. Communication nf City Manager sub- mitting a Compensation Package for Non-Bargaining Unit Employees, pre sented 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 Felderman, King, Pratt; Nays-Council Member Brady. 238 Special Session. June 16. 1980 RESOLUTION NO. 186-80 Resolution Adopting the FY 1981 Com- pensation Package and the Wage Plan and Salary Schedule for Nonbargain- in9 Unit Employees, WI-[IqREAS. approximately eight compensation alternatives were pre sented to and reviewed hy tlw City Man ager's staff: WHEREAS, two of the eight alterna- tives were reviewed and considered by WHEREAS. it was the consensus of the Management Team and the City Manager's staff that the following be re~ commended as the FY 1981 compensa- tion package for nonbargaining unit em- ployees: to all employee groups (said m- crease is computed from the FY 1980 base wage plus the average FY 1980 cost of fivlng $54.,10 bi- b) I)utpaLient diagnostic and unlim sionai. Technical and Confidential ployee group; $9.000 in additional term life in surance and accidental death and ers and the City Manager's stall: WltEREAS the proposed compensa tied package will allow affected em NOW THERI~]FORE BE IT RESOLV- E1) BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: That ~he resolution be adopted ap- schedule for nonbargaining unit plnyees. Passed. adopted, and approved this 16lb day of Jnne. t980. Earo[yn Farrell D. Michael King John L. Felderman Miebael W. Pratt ATTIqST: Council Mcmhers Mary A Davis City CIm'k adoption of the Resolution. Seconded by Council Member Pratt. Carried by the Yeas-Mayor Farrell. Council Mom bors Felderman. King, Pratt. Nays-Council Member Brady. Cmnmunleatioa of City Manager sub mittiag hidding procedure for the con- s;ruetion of the Dodge Street at Devon Drive Traffb~ Signals, prcsented and read. Council Member Feldcrman moved that Lbo commumcation be received and filed Seconded by Council Member Pratt, Carried by the following vole: Yeas-Mayor Farrell, Council Mom oers Brady, Felderman, King, Pratt Nays-None. Resolutmn No. 187-80 Approval el Prelimim~ry plans, specs., etc. for con- $27.935,38. presented and read. Council Member Felderman moved adoption o1 the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO. 188.80 WItEREAS. proposed plans, specifi duly prepared and approved by the City Council of the City o~ Dubuque, Iowa. ann are now on file in the office of the City Clerk sbowing among other things the fnllowing: I. the plan of such improvement lie IT TItEREFORE RESOLVED .hat tim City Council on its own motio~;. deems ii advisable and necessary fin' the ~)ublic wcdare to make the herein men tioned improvement, and unless proper ty owners at the time of the final consid. oration of this proposed resolution have on file wil h the City Clerk, obiectwns ~o the amount o! the coat of the improve- mcnL they shall be deemed to have waived all objections thereto. Said improvement shall be co~lstrucl,- ed and (lone in accordance with the plans and specifications which have been ap proved by tbe City Council and are now on file with tbe City CIm'k. That the cosl ann expense of making said improve~ men~ shall he paid from Road Use Tax Funds and State F; ads. Thc above resolution was introduced approved a nd ordered idaced on file with tile Ciiy Clerk this 16th day of June. ] 98( Special Session, June 16, 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 Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 189.80 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its pre- liminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the Dodge Street at Devon Drive Traffic Signal Improvements; NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on ~he 7th day of July, 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 objection to the proposed plans and specifications, form of contract and cost of said improve- ment, 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 not be less than four days nor more than twenty days prior to the day fixed for its consid~ oration, and the City Clerk be and is hereby directed to have published tile notice of pendency for said improve- ment, and the City Clerk is hereby di reeled to advertise for proposals to the contractors for the construction of the above~mentloned improvement. Passed, adopted, and approved this 16th day of June, 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 239 adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitting bidding procedure for the con- struetion of the Cooper Street Steps Lighting Project, presented and read. Council Member Felderman 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. 190 80 Prefiminary est. for plans, specs, ere, for above pro- eot in amt. of $7,048.25, presented and read. Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. (Necessity for Improvement) RESOLUTION NO. 191-80 WHEREAS, proposed plans, specifi- cations and form of contract have been duly prepared and approved by the City Jouncil 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 thc cost of the itu provement for the construction of the Cooper Street Steps Light lng; BE IT TtIEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve ment, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been ap proved by the City Council and are now on file with the City Clerk. That the cost and expense of ~naking said improve- ment shall be paid from Community 1)e- velopment Funds. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 16th day of June~ 1980. 24U Special Session Jn c 16, 1980 Approved and placed on tile for final Carolyn Farrell Mayor James E. Brady D. Michael King John L. Feldorman Michael W. Pratt ¢~ouncil Members ATTEST: Mary A. Davis City Clerk Counell Member FeIderman moved appr~)val et the ResoluUon. Seconded by Council Member Brad~ Carried by the Yeas-Mayor Farrell, Council Mere bers Brady, Felderman, Ring, Pratt. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 192-80 WIIEREAS, the City Council of tho City of Dubuque. low& has given its pre. iminary approval on the proposed plans, specifications, and iorm of contract and placed same on file in the office of tbv City Clerk mr public inspection for tbe Cooper Street Steps Lighting, NOW THEREFORE BE IT RESOLV El) BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of July, 1980, a public hearing wdl be held at 7;30 p.m.in the Council Chamhers of the City of Du buque at City Hall at which time the ob- jeerers for the proposed improvement may appear and make objection m the proposed plans and specifications, form of contrac~ and cost of said improve menL and the Cits 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 sba9 not be less than tour days nor nmre than bwen[y days prior to thc day fixed for its consid. oration and the City Clerk be and is hereb> directed to have published the notice et pendency tot said improve mem. and the City Clerk is hereby di retted to advertise for proposals to the con~ractors for the consu'uction of the above-mentioned improvement. l'assed adopted, and approved lids 18th da3 et June, 1980. Carolyn Farrell Mayor James E, Brady l). Michael King John L, Felderman Michael W. Pratt Council Mem m~'rs ATTEST: Mary A. Davis City Clerk Council Mcmbei' l%lderman moved Councd Member Brady Carried by the following ye[e: Yeas-Mayor Farrell Conneil Mem bets Brady, Peblcrman, King, Pratt. Nays None. Communication of City Manager re- commending approval of vacating an al- ley beside 693 Kaufmann Ave. as re quested by Christopher Smith, present ed and read. Council Member Prat[ moved that the communication be received and filed. Seconded by Council Member Felder- man, Carried by the followina vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldorman, King, Pratt. Nays None. AN ORDINANCE vacating an alley north o[ Kauflnann Avenue. abutting Lots 7 ami 18 of the Subdivision o1 Lots 164 and 166A m L.H. Langworthy's Ad- dition in the City et Dubuque, Iowa, pre sented and read (,onneil Member Pratt moved that the reading just bad be considered tbe first reading et d~e Ordinance. Seconded by ~Jouncil Member Felderman. Carried by the following roue: Yeas Mayor Farrell, Councn Mem- bers Brady, Feldcrman. King, Pratt. Nays-None. Council Memher Prau[ moved tnau toe rule requiring an Ordinam:t! to bt' receiv- ed and filed at two meetings prior to the meeting when final acuon is taken, be dispensed with. Seconded by Council Member F, lderman. Carried b~ the fei- Yeas Mayor Farrell. Council Mere bets Brady, Felderman, King, Pratt. Nays-None. Council M~ tuber Pratt moron lb,at a Public ltearing be held on the Ordinance on J ub 7. 1980 at 7:30 o'clock P.M. in the Couned Chamber at City Hall and thai 1he City Clerk be instructed ~o publish notice of the Itearing in the manner re qulred by law. Seconded by Council Member Fclderman. Carried by the fei lowing vote: Yeas Mayor Farrell, Council Mere hers Brady, Fe]derman. Ring, Pratt. Nays None. RESOLUTION NO. 193.80 Resolution Approving Plat of Vacated Alley North of Kaufmann Avenue. Abut- ting Lots 7 and 18 of the Subdivision of Lots 164 and 166A in L.H. Langworthy's Addition in the City of Dubuque. Iowa. WHEREAS, there has been presem~ ed to thc City Council of the City of l)u- bmlue. Iowa a plat dated May 19. 1980. prcpareo by Barleis, LeMay and Haas Engincering Company, eoverb~g s vacat- ed alb'y north of Kaufmann Avenue shutting lots 7 and 18 of the subdivision I o1 l,ots 194 and 166^ in L.H. Langwor- Special Session, June 16, 1980 241 thy's Addition in the City of I)ub~lque, 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 1.That the plat dated May 19, 1980 prepared by Barrels, LeMay and Haas Engineering Company, covering the real estate herein above described, b~ 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 Dubuque, Iowa; Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified ropy of this Reso lution in the office of the Recorder in and for Dubuque County, Iowa. PaSsed, adopted, and approved this 10th day of June, 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 Mere bets Brady, Felderman, King, Pratt. Nays-None. Communication of Planning and Zon- ing submitting final plats for parcels of land along John F. Kennedy Road be tween Asbury Road and Pennsylvania Ave., 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. 194.80 Resolution Approving the Plat of the Subdivision of Lot I of Block 5 of Asbu- ry Springs Subdivision No. 4 in the City of Dubuque, Iowa. WHEREAS, there has been tiled with the City Clerk a plat of the Subdivision of Lot 1 of Block 5 in Asbury Springs Subdivision No. 4 in the City of Dubw que, Iowa; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and has had its approval en- dorsed tttereon; and WHEREAS, said plat has been exam ined by the City Council and they find the same conforms to the statutes and ordinances relating thereto. NOW TtlEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described plat of the Subdivision of Lot 1 of Block 5 in Asbury Springs 8ubdivislon No. 4 in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and the City Clerk are hereby authoriz- ed and directed to endorse the approval of the City of Dubuque, Io~va upon said plat. Passed, adopted; and approved this 16th day of June, 1980. Carolyn Farrc]] 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. 195-80 Resolution Approving the Final Plat of the Subdivision of Lot I of Lot I of Lot 1 of Lot I of Lot I of Lot I of Lot 1 of Powers Place in the City of Dubuque, Iowa. WHEREAS, there has been filed with thc City Clerk a plat of thc Subdivision of Lot I of Lot i of Lot I of Lot 1 of Lot l of Lot 1 of Lot 1 of Powers PLace in the City of Dubuque, Iowa; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and has had its approval en~ dorsed thereon; and WHEREAS, said plat has been exam- ined by the City Council and they find the same conforms to the statutes and ordinances relating thereto. NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF TtIE CITY OF DUBUQUE, IOWA: Section 1, That the above-described plat of the Subdivision of Lot 1 o f Lot 1 o f Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Powers Place in the City of Dubuque, Iowa be and the same is hereby approv ed and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubu- que, Iowa upon said plat. 242 Special Session, June 16, 1980 Passed. adopted, and approved this 10th day of June, 1980. Carolyn Farrell Mayor James E. Braay 1). Michael King John I,. Fehterman Michael W. Pratt Council Members ATTF~ST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Cmmcll Member Pratt. Carried by the tollowing vo~e: Yeas-Mayor Farrell, Council Mem. 0ers Brady, Felderman, King, Pratt, Nays-None. Communication of Planning and Zen lng submitting amendmeht tn Zoning Ordinance for clarification of sim~ regu Council Member Felderman moved that ;he comm~anication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: YeasMayor Farrell, Council Mem- bers Braoy, Pelderman, King, Pratt. Nays None. AN ORDINANCE of the City el Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there o~. aisc known as the "Zoning Ordinance and Zoning Map of the City of l)ubuque, Iowa", by repealing Sections 5-t05-3, 11. 2) and 7): 5-105.10 and Table 5 105.2 Max imum Number of C-3 Off-Premise Signs and maximum number of C-4 on-premise signs, of Article V and enacting new Sec- tions 5-105.8, ~1, 21 and 71; 5.105.10 and Table 5 105.2 maximum number o1 orvpremise signs and maximum number of G'4 on premise sagns, m Article V in lieu thereof, to clarify the distinction tween regulations for on-premise and off premise signs, presented and read. Conncil Member Felderman moved that the reading just had be considered the tn'st reading of the Ordinance. Sec- ended by Council Member Pratt. Gar tied by .he following vote: Yeas-Mayor Farrell, Council Mem- berq Brady, Felderman, King, Pratt. Nays-None. Council Member Felderman movea that the rule requiring an Ordmam'e re be received and tiled at two meetings prim' to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt Carried by thc following vote: Yeas-Mayor Farre/l. U, onncil Mem bets Brady, Pelderman, King, Pratt. Nays-None. Council Member Felderman moved tba; a Publiv Hearing be hek] on Lbe Or. dinance on Juiy 7. 1980. at 7:30 o'clock P.M. in the Council Chambers at City llall and that the City £ Jerk be instruct ed to publish no,ice oft, he Hearing in the manner required by law. Seconded by Council Member Pratt. Carried by the lollowing vote: Yeas.Mayor Farrell, Council Meal fiers Brady, Felderman, King. Pratt. Nays-None. Communication of Planning and Zen lng recommending denial of rezoning re quest of Josepll P. Faley to rezone 3197 Killarney Ceurt from R-1 Single Family Residential to R-4 Multiple Family Resi- dential District, presented and read. Council Member Pratt moved that the commumcarlou be received and filed and that the denial of request be approved. Seconded by Council Member Brady. Carried bJ the following vote: Yeas Mayor Farrell, Council Mere- hers Brady, Feiderman, King, Pratt. Nays-None. lng recomntending rezomng of LETNA Properties h'om AG to C-2 Zoning tersecllon of Radford Road and Pennsy b vania Ave., ~resented and read. communication be received and filed. Seconded by Cotmen Member Folder- man. Carried by the following vote: Yeas-Mayor FarrclL Council Mem- bers Brady, Fclderman, King. Pratt. AN ORDINANCE of the City of Du- buque, Iowa, providing tbat the Code of Drdinances, City of Dubuque. Iowa. be amended by revising Appendix A there- and Zonir z Map of the City of Dubuque, Iowa". by reclassifying hereinafter de- scribed Properry at thc Southeast Cot ncr oI he lntersec[ion of Radford Road AgrxeuRural District" Classification re "C-2 Local Service Commercial District" Classification, presented and read. Council Member Pratt moved that the reading just had be considered tbe first reading of the Ordinance. Seconded Council Member Febterman. Carried by the following vote: Yeas.Mayor Farrell, Council Mem- bers Brady. Felderman. King, Pratt. Council Member Pratt moved that the ceived and filed at two meetings pr,or ;o the meeting when final action is ,taken, he dispensed witll. Seconded by Council IMember Felderman. Carried by the fo1- Special Session, June 16, 1980 243 Yeas-M:ayor Farrell, Council Mem- bers Brady, Felderman, King; Pratt. Nays-None. Council Member Pratt moved that a Public Hearing be held on the Ordinance on July 7, 1980 at 7:30 o'clock P.M,in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish Notice of the Hearing in the manner required by law. Seconded by Councff Member Feldermam Carried by the fol- . lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ' Communication of Planning and Zon- ing recommending approval of rezoning o£ LETNA Properties from AG to PI for property located east of Radford Road south of Penn. Ave. and west of propos- ed Northwest Arterial Road, 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, Kihg, 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 thereof, also known as the "Zoning Ordi- nance and Zoning Map of the City of Du- buque'' by reclassifying property con- sisting of 137 acres more or less and be- ing comprised of the southwesterly por- tion of LETNA Properties Farm at Pennsylvania Ave. at Radford Road from AG Agricultural District to PI Planned Industrial District, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feld~rman, King, Pratt. Nays-None. Council Member Pratt moved that a Public Hearing be held on the Ordinance on July 7, 1980 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the Hearing in the manner required by law. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mere bets Brady, Felderman, King, Pratt. Nays-None. Communication of Planning and Zen lng approving final plat of Sub. o f Lot I of Lot 7 of Nl~'/a of SE ~/~, See. 11 Old High way 151 located in Dubuque County, pre sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mere bets Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 196.80 Resolution Approving Plat of the Sub- division of Lot 1 of Lot 7 of Northeast One. Quarter of Southeast One. Quaffer, Section 11, Township 88 North, Range 2 East of 5th Principal Meridian, Being in Table Mound Township, Dubuque Counly, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot 7 of Northeast One-Quarter of Southeast One-Quarter, Section 11, Township 88 North, Range 2 East of 5th Principal Meridian, being in Table Mound Town- ship, Dubuque County, Iowa is platted as: Lot 1, Lot 2 and Lot 3,each of the Sub- division of Lot I of Lot 7 of Northeast One-Quarter of Southeast One-Quarter, Section 11, Township 88 North, Range 2 East of 5th Principal Meridian, being in Table Mound Township, Dubuque Coun- ty, Iowa; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and they find that the same conforms to the statutes and ordinances relating thereto, except that the pro posed Lot 3 of Subdivision of Lot I of Lot 7 of Northeast One-Quarter of Southeast One-Quarter, Section 11, Township 88 North, Range 2 East of the 5th Principal Meridian; and WHEREAS, said plat has been ap- proved by the City Planning and Zoning Commission on the condition that said proposed Lot 3 cannot be developed ex- cept as part of another lot or lots which have frontage on a public street; and WHEREAS, said plat has been exam- ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto; except that said proposed Lot 3 does not front on a public street; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Com- mission; NOW TtIEREFORE BE IT RESoLv- 244 Special Session. June ] 6~ 1980 ED BY THE CITY COUNCIL OF THE CITY 0F DUBUQUE, IOWA: Soctioe 1. That the above-described p~at be and the same is hereby approved and the Mayor and City Clerk are here- by authm'ized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat, provided the owners of said proper~y herein named, execute their written acceptance hereto attached agreeing: That Lot 3 of the Subdivision el Lot 1 of Lot 7 of Northeast One- ~uarter of Southeast One-Quar~ ter Section 11. Township 88 Nor th. Range 2 East of the 5th Prin- cipal Meridian cannot be develop- ed e×cept as it is made part el a conforming zoning lot which has public street frontage, Section 2. That in the event that lhe owner ndls to execute the acceptance provided for in Section 1 herein within forty-five (45) days after the date of this Resolution. the prowsions herein shall be null and void and the approval o1 the Plat shall not be effective, Passed. adopted, and approved this 16Lb day of June. 1986. Carolyn Farreli Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO, 196.80 We. the undersigned James J. Byrne, President and Richard P. Funke. Sec re~ary, of tile Archdiocese of Dubuque, having read the terms and conditions of ~he loregoing Resolution No. 196-80, and being fam0ar with the conditions there of. hereby accep~ tbe same and agree ~o the conditions requi~'ed thereto. Dated in Dubuque. Iowa this 26tb day of June. 1980. Tile Archdiocese of I)ubuque James J. Byrne President Richard P. Funke Secretary Council Member Pratt moved adop tlon el the Resolution. Seconded hy Council Member Felderman, Carried by the following vo~e: Yeas-Mayor Farrell. Council Mom bors Brady, Felderman. King, Pratt. Nays-None. Communication of Board of S~*pervi sors requesting to schedule a meeting with the City Council to discuss signa[i zation of the intersection of US 52. IA 3 and 386 and J.F.K. road, only, presented and read. Council Member Felderman moved that the communication~be received and filed and that the meeting agenda be broadened to include ali traffic concerns of mutual interest to the City and the County and scheduled for June 24. 1980 at 4:15 P.M. ill Council Chambers. Sec. ended by Council Member Brady, Car- Hod b~ the following vote: Ycas~Mayor Farrcll. Council Mom bors Brsdy, Felderman, King, Pratt. Nays-None. Petition of Handicapped Persons. Inc. requesting that all future s[gns desig- nating reserved handicapped parking in- elude the words "State Permit Re- quired', presen[ed and read. Council Member Pratt moved tbat the Petition he received and filed and re [erred to the Manager for investigation and report back. Seconded by Council Member Felderman. Carried by ;he fol- lowing yin.e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays None. AN ORDINANCE Amending Ordi nance No. 72-79 of the City providing that H.R.W. be granted a six-month ex- tension to submit a Final Development Plan to Decelnber 0. 1980. presented and read. Council Member Pratt moved that this be considered the second reading of tho Ordinance. Seconded by Council Member Pelderman. Carried by the fol. lowing vote: Yeas-Council Members Feldermal: King, Pratt. Nays-Mayor Farrell, Council Member Brady. BOARDS AND COMMISSIONS: Council Memt~er Pratt moved that Wil Ham Riley Waugh be appointed to the Rehabilitation Commissmn. as an Al Large Commissioner, for an unexpired three year term to expire January 1. 1982. Seconded by Council Member Fel- derman. Carried by the following vo~e: 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 xor an unexpired three year ;erm to expire January l. 1981. Seconded by Council Member Eel- derman. Carried by the following vote: Yeas-Mayor Farreil. Council Mom bors Felderman. King, Pratt Nays-Council Member Brady. Council Member Pratt moved that Ann Smith be appointed to the CivL Ser wee Commission for a six-year ~erm ex- piring March 31. 1986. Seconded by Special Session, Jnne 16, 1980 245 Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Application from Dubuque Jaycees requesting to transfer Beer Permit from 1023 Va Main St. to Vets' Memorial Park on July 4, 1980, presented and read. Council Member Pratt moved thtit the application be received and filed and ap~ proved. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. / Nays-None. - RESOLUTION NO. 197-80 BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Richard F. Albert - 90 S. Locust St. Marie Becket - 206 W. 3rd St. Ron Blakeman - 1046 Central Ave. Adella Ferring - 385 E. 18th St. Mary K. Ford - 1027 Rhomberg Ave. Lorraine Fransen - 1100 Lincoln Ralph Grabow - 1050 University Robert W. Grobstick - 1450 Loras Bird; C. L. Haas - 2617 University Ave. Ted & Georgia Heinz - 1278 Central Art Herber - 2097 Central Ave. David H. Hoffman - 450 W. Locust St. Judith Juergens - 2327 Central Ave. Wilfred J. Kennedy - 3453 Jackson St. JoAnn H. Klauer - 1097 Jackson St. Elizabeth Krajnovich - 481 Locust St. Kenneth J. Love -- 802 Central Ave. Vincent W. Mescher -- 1233 Rhom~ berg Ave. Norene Millman - 601 Rhomberg Dick O'Hara -- 70 S. Locust St. Richard J. Ring - 115 W. llth St. Milton E. Schwartz - 574 E. 16tb St. Lowrie Smith -- 521 E. 22nd St. Robert J. Speehtenhauser - 2530 N. Grandview Ave. Melvin A. Spiegelhalter -- 1029% Main St. David Ungs -- 2987 Jackson St. Wni. (Tony) Urbain- 2186 Central Ave. Robert W. Wagner - 2600 Dodge St. Bernard Willenborg - 1300 Rhom- berg A ye. James R. Winders -- 1701 Central Chuck Wong- 378 Main St. Dick & Jean's Food Service -- R.R. 1 Zwingle (catering in City). Grandview Drug, Inc. - 486 N. Grandview Ave. The Kegger .- 3412 Penn. Ave. King of Clubs - 1902 Central Ave. Thompson's Food Market #1 - 250 W. ~st St. Aquinas Institute - 2750 Asbury Rd. Bishop Buffet Inc. - Kennedy Mall. Bridge Restaurant & Lounge - 31 Locust St. Clark Oil Service Station -- 1005 Dodge St. Dubuqne B~ilding -- i Dubuque Pla- Dubuque Golf & Country Cia b - Ran- dall Place. Dubuque Municipal Airport - R.R. 3. Eska Co. - 2400 Kerper Blvd. Flexsteel Industries, Inc.- Bruns- wick Industrial Blk. General Cinema Corp. of Ia, - Kenne- dy Mall. Hartig Drug Co. - 2225 Central Ave. Hartlg Drug Co. -- 2255 J.F.K. Rd. Hartig Drug Co. 97 Locust St. Hartig Drug Co. 700 Town Clock Plaza. Heron, Inc. =- 709 University A~)~. Hoffman House Restaurant ~ 3160 Dodge St. Imperial Lanes, Inc. - 3505 Stone- man Rd. Jay's Quality Meats & Beverages - 3348 Hillcrest Rd. Ken's Union "76" - 2480 University Nabors Drug -- 1920 Elm St. Village Inn - 1940 J.F.K. Rd. Parochette Eat. - 2600 Dodge St. Pride Service Inc. - 280 Locust St. Pride Service, Inc. -- 2175 Central Regal 8 Inn - 2680 Dodge St. J. D. Streett & Co. - 55 J.F.K. Rd, & U,S. #20. Sunnycrest Manor 2375 Roosevelt Rd. University of Dubuque Student Union 2050 University Ave. Wareco -- 700 Rhomherg Ave, West Dubuque Tap - 1701 Asbury Rd. Windsor Tap -- 2401 Windsor Ave: Wm. C. Brown Co. Publishers - 2460 Kerper Blvd. David Adams -- 205 Locust St, Charles Adams 1081 University American Legion -, 1306 Delhi St. American Snack Inc. - 255 J.F.K. Rd. Paul E. Anthony I185 Dodge St. Daniel Bauer - 351 Dodge St. 246 Special Session, June 16, 1980 Elk's Club Lodge #297 --- 2699 J.F.K. Rd Angelina A. Bertolina - 1298 Dodge Mall. Bird. Gary Stewart -- 9th & Central Ave. Rohert Stonskas -- 1322 Central Ave. Target Store #86 -- Warren Plaza. Theisen's Store -- 2900 Dodge St. Kathleen Walsh -- 2093 Washington St. Woolworth's Store - Kennedy Mall, Passed. adopted, and approved this 16th da3 of June, 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 oi the Resolu[mn. Seconded by Council Member Brady. Carried by the following vo~e: Yeas-Mayor Farrell Council Mem~ hers Brady, Fclderman. King, Pratt. Nays-None. RESOLUTION NO. 198.80 WHEREAS. App]icatim~s for Beer Permits have been submitted and filed to this Council for approval and the same bare been examined and approved: and WHERI~2AS. The premises to be occu- pied by such applicants were inspected a nd found to compl~ 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 ~o cause ~o be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Church of the Nativity [Also Sunday Salesl -- 1225 Alta Vista St. Dubuque Art Association -- 720 Cen~ tral Ave. CLASS "C" BEER PERMIT Vivian IIeinz. Oky Doky #7 (Also Sun- day Sales) -- 3301 Pennsylvania Ave. Earl Schumacber & E. Thomas Schu reacher (Also Sunday Sales -- 250 Wesl 1st St. Passed. adopted, and approved tbi,, 16th day of June. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pral;t Council Members ATTEST: Mary A. Davis City Clerk Conncil Member Pratt moved adop- tion of [be Resolution. Seconded by Cmmcil Member Brady. Carried by the Special SessiOn, June 16, 1980 247 following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 18980 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"C" (COMMERCIAL) BEER AND LIQUOR LICENSE Wilfred Kennedy -- 34th and Jackson St. Ron Blakeman - 1046 Central Ave. Kenneth Jerome Love - 802 Central Ave. Barney Willenborg - 1811 Rhomberg Ave. Melvin Spiegelhalter - 1029'/~ Main St. Elizabeth Krajnovieh -- 481 Locust St. Eugene A. Otting -- 1689 Elm St. Milton E. Schwartz (Also Sunday Sales) -- 574 E. 16th St. Jo[er Incorporated (Also Sunday Sales) - 31-35 Locust St. Heron, Inc. - 709 University Ave. John L. Savary - 827 Dodge St. Wayne Paul Schollmeyer (Also Sun- day Sales) -- 176 Locust St. Passed, adopted, and approved this 16th day of June, 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 FarreiI, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. MINUTES SUBMITTED: Airport Commission of 5-28; Community Devel- opment Commission of 5-13; Planning and Zoning of 5-21and 6-4; Transit Board of 5-8; Historic Preservation C~mmis~ sion of 5-27; TV Cable Commission of 6~4; Zoning Board of Adjustment of 2-28 and 3-13 presented and read. Council Member Felderman moved that these minutes 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 Cra'potation Coun- sel recommending settlement of car damage claim of Helen Manemann in amt. of $88.70, presented and read. Council Member Felderman moved that the communication be received and filed and settlement approved. Second- ed by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem bets Brady, Felderman, King, Pratt. Nays-None~ Communication of Corporation Coun scl recommending denial of car tire dam- age claim of Jerry Andregg, Jr., present ed and read. Council Member Felderman moved that the communication be received and filed and denial of claim 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. Communication of Corporation Coun- sel recommending denial of tire damage claim of Mary Spoerre, presented and read. Council Member Felderman moved that the communication be received and filed and that the denial of claim approved. Seconded by Council Member Pratt. Carried by the following vote; Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. NOTICES OF CLAIMS: Delos A. Dorweiler in an unknown amount for ad- dress sign replacement on Kennedy Road; John J. Walsh, in unknown amt. for car damages on June 2, 1980 at Rose- dale and West Locust Streets; Notice from Small Claims Court on behalf of Michael W. Burds, in amount of $472.58 for car damages on March 8, 1980 at Heeb St. at 18th St. Steps; BeckyPfoh], in unknown amount for damages to moped on May 22, 1980 at 2659 White St., Kenneth Capesius, in amount of $30.85 for car damages on May 26, 19811 at Riverview St., and Eagle St., Randy J. Winders, in unknown amount for per sonal injuries on June 6, 1980 in Jackson Park; Steven Siegworth, in amount of $250.06 for damages caused by at broken water meter on May 20, 1980, presented and read. Council Memher Felderman moveo [nat the claims and notices be re 248 Special Session, June 16. 1980 Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King Pratt. Nays-None. REFUNDS REQUESTED --- Charles J, Soielman. in amount of $225,00 for un- expired Class "B" Beer Permit No. BB7400. discontinued bnsiness on June 2. i980 and Evening Optimist Club. $225.00 on unexpired Beer Permit No. BB~7381. discontinued business on June 9. 1980. presented and read. Council Member Felderman mow~d that the requested refunds be received and filed and 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 Mayor of Sioux ty and Siouxland Committee for the Handicapped requesting support to op- position to the mannsr of implementa- tion of Section 504 of the 1974 Rehabilita- tion Act by the Hrban Mass Transit Ad- ministration, presented and read. Council Member Felderman moved that the communication be received and filed and referred to the Transit Board. Seconded by Council Member Pratt. Crrried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Fe]derman. King, Pratt. Nays-None. Communication of City Manager rca~- firming thc denial of tire damage claim of Steve Ames. Council Member Felder man moved that the communication be received and filed and the claim denial approved. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farreil. Council Mere bets Brady, Fe[derman. King, Pratt. Nays-None. Colnmunication of City Manager re questing release of funds to the Depart- ment of HUD for removal of architectur- al barriers, St. Mary's Street Drainage Project and Tri-State Independent Blind Society Energy Conservation Project, presented and read. Council Member Feldcrman move(] that, the communication be received and filed. Seconded by Council Member Pratt, Carried by the following vote: Yeas~Mayor Farreil. Council Mere bers Brady, Felderman, King, Pratt. Nays-None. fiESOLOTION NO, 200-69 Authorizing Submission of a Reqnenl for Release of Funds ~or Certain Com. reunify Oewlopment 8lo¢k Grant Pro. jeers. WHEREAS. the City of Dubuque in conformance with the Environmental Review Procedures for lke Community Development Block Grant Program completed an Environmental Assess- ment of the following identified pro posals (projectsl with Community De- velopment Block Grant funds: and Removal of Architectural Barters (18th Street Fire Station Renovation Pro- ject) St. Mary's Street Drainage Project Tri-State Independent Blind Society Energy Conservation Project WrtEREAS. pursuan~ to Resolution No. 172.80. adopted June 2. 1980. Public Notice of a "Finding of No Significant Ef- fect on the Environment" for the propos- als Iprojects)was published June 3,1980. in the Dubuque Telegraph Herald. a newspaper of general circulation, and provided for a public commen; period until 12:00 Noon. Friday. June 20. 1980: and WHEREAS. Public Notice of a "Find~ lng of No Significant Effect on the Envi~ ronment' for the propusals (projectsl was sent by regular mail to various Fed~ eral. state and local public agencies and to the local news media, individuals and groups known to be interested and be~ l ieved to be appropriate to receive such a Public Notice: and WHEREAS, any and all objections, if any, to such proposals have been duly considered: and WHEREAS. it is the intent or the City Council to authorize the submission of a request to the U.S. Department of Hous~ lng and Urban Development fey the re- lease o f funds under the said Act to carry out the above identified projects: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COHNCII OF THE CITY OF DUBHQUE, IOWA: Seclion 1. That the Environmental Review Record for each of the proposals ~prolects) shall continue to remain on file in the Office of the City Clerk, where said records may be examined and copied by any interested par~y. See}ion 2. That the Mayor of the City of Dubuque is hereby authorized and di- rected to submit to the U.S. Department of Housing and Urban Deve]opmen~ on June 23. 1960 a request for release of funds to undertake the said projects, Sac}ion 3. That thc Mayor of the City of Dubuque is hereby authorized t ~ cow sen~ ~o assume the status of a ~ espon- sible Federal official under the National Environmental Protection Act. insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development's responsibilities for rewew, decision-making, and action as- sumed and carried out by the City of Du buque as to environmental issues. Special Session, June 16, 1980 249 Section ~. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in her official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environ- mental reviews, decision-making and ac- tion. Section 5, That the Mayor of the City of Dubuque be and she is hereby author- ized and directed to execute a certifica- tion petaining to the environmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted, and approved this 16th day of June, 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 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. PUBLIC NOTICE Pursuant to the Environmental Re- view Procedures for the Community De- velopment Block Grant Program, the City of Dubuque intends to file a request on June 18, 1980 for release of Block Grant Funds for the following proposals (projects). 1 -- Removal of Architectural Barri- ers (18th Street Fire Station Renovation Project), 2 - St. Mary's Street Drainage Pro- ject. 3 - Tri-State Independent Blind So~ ciety Energy Conservation Project. The City of Dubuque has made an En~ vironmental Review Record for the pro- jectsl and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Central Avenue, Dubu- que,Iowa, where said records may be ex- amined and copied between the hours of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM on the 20th day of June, 1980. Tbe name of the applicant is the City of Dubuque, Iowa, and the Chief Execu tire Officer of the applicant i? Ma2Jor Carolyn Farrell. BVM. The maifing ad dress for both the applicant and the Chief Executive Officer is City Hall, 13th and Central Avenue, Dubuque, Iowa. The City of Dubuque will undertake the projects described above with Block Grant Funds from the U.S. Department of rtousing and Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Car- olyn Farrell, BVM, in her official capa- city as Mayor, consent to accept the jur- isdiction of Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, deci- sion-making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the Block Grant Funds and HDD will have satisfied its responsibili ties under the National Environmental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: ia) That the certification was not in fact executed by the Chief Executive Officer or other officer of applicant approved by HUD; or (b) That applicant's environ mental review record for the project in- dicates omission of a required decision, finding, or step applicable to the project in the environmental review process. Objections must be prepared and sub- mitted in accordance with the required ~rocedure (24 cfr Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the lease of funds on bases other than those stated above will not be considered by HUD. No objection received after the 11th day of July, 1980, will be considered by HUD. Comments may be submitted to the City of Dubuque until 12:00 Noon, Fri- day, July 11, 1980, addressed to Carolyn Farrell, BVM, Mayor of the City of Dubuque, City Hall, 13th and Central Avenue, Dubuque, Iowa 52001. Dated and published June 17, 1980. Mary Davis City Clerk Communication of City Manager sub mitring Resolution authorizing publica- tion of the environmental Assessment Review Finding for "Operation Paint- brush," presented and read. Council Member Felderman moved that the communication be received and riled. Seconded by Council Member Pratt. Carried by the following vote: 250 Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. REBOLUT ON NO. Authorizing Publication el Notice of Environmental Review Findings Certain Community Deuelopment Block Grant Projects, WHEREAS, the City oI Dubuque b,a~s entered into Grant Agreement B.80-MC- 19-0004 with the U.S. Department el Housing and Urnan Development, pro- viding for financial assistance to the City under Title I of the Housing and Commu- nity Development Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development. an environmental review has been processed for the project here- tnafter to be described to be linaneed with Community Development Block Grant Funds; and WHEREAS, after due consideration, a determination has been made that the project is not a major Federal action sig- nificantly affecting the quality of the human environment; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to pnblish a Notice of Finding of No Signifi~ cant EIfect on the Euvironment for the following identified project, and to make the Environmental Review Record for said project available for public inspec- tion. Such not,ce snail be in the Term of Exhibit "A" attached hereto and made a pall befool. "Operation Paintbrush" - A Free Exterior Paint Program for Eligible tIomeowners. $~flon 2. That the City of Dubuque hereby declares its intent to adopt a res. olution at its meeung of June 16, 1989. authorizing the submission of a requesl to the ILS. Department of Itonsing and Urban Development. to undertake the protect. Passed, adopted, and approved this 16th da5 of June. 1980. Carolyn Ferrari Mayor lames E. Brady D. Michael King John L. Felderman Michael W. Pratt Courted Members ATTEST: Mary A. Davis City Clerl~ Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried bythe following vote: Special Session, June 16,1980 Yeas-Mayor Farrefi, Council Mom bars Brady, Feld~rman, King. Pratt. Nays-None. Communication of City Manager sub- mitting Resolution approving the 6th Year Community Development Block Grant Agreement in the amount of $t,119,000, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded b~ Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bars Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 202.80 Authorizing the Exenutlo~ of a Com- munity Development Block Grant Agreement with Department of Huns, lng an,d.~ Urban Development. WHEREAS, under provisions of Title [ ~f the Housing and Community Devel- opmem Act of 1974,the City of Dubuque prepared and submitted an application for n Community Development Block Grant; and WHEREAS, the application has been approved for the City of Dubuque in the amount ut $1.1~9.000 lot a twelve-month program beginning July 1. 1980; and WItEREAS, a Grant Agreement cov- ering the activities proposed to be car- ried out with Community Developmenl Block Grant funds has keen tendered the City of Dubuque; NOW THEREFORE BE iT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Grant Agree- ment, authorized by ~he U.S. Depart- ment of Housing and Urban Develop- ment on June 4. 1980, for Dubuque's Sixth Year Community Developmem Block Grant is hereby accepted. Secfion 2. That the Mayor of the City of Dubuque be and she is hereby author- ized and directed to execute a Commu- nity Development Block Gr~ant Program Amendment identified as Grant Agree- ment f)-80-MC-19-0004 ~or submission to the U.S. Department of Housing and Ur- ban Develnpment. Passed, adopted, and approved this 16th day of June, 1980. Carolyn Farrell Mayor James E. Braay D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis C .y Clerk Council Member Felderman moved adoption of Lhe Resolution. Secunded by Cmmcil Member Pratt. Carried by the Special Session following vote: Yeas-Mayor Farrel], Council Mem- bars Brady, Felderman, King, Pratt. Nays-None, communication of City Manager re- questing approval to sign State Agree- ment for primary road extension main- tenance, 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 ~f City Manager sub- mitting progress report on the upgrading of our telephone system, pre- sented and read. Councll 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. Petition of CROP Organization re- questing to conduct a hunger walk on Oc- tober 5, 1980, 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. SPECIAL ELECTION June 3, 19~0 I, Terrence J. Hirsch, County Auditor and Commissioner of Elections, do here- by testify that on Tuesday, the 3rd day of June, 1980 in the City of Dubuque an election was held on the following pro- position to wit: Shall the following public measure be adopted? "Shall the City of Dubuque, Iowa change its form of M~micipal Government from the present Council-Manager-At-Large form to Coan- cfi-Manager-Ward form of Municipal Government?" I ~ertify that official canvass of said election was held in the Dubuque County Court House, Dubuque, Iowa, on Men- day, the 9th day of June, 1980. In testimony, whereof, I have hereun- to set my hand and the seal of Dubuque County this 9th day of June, 1980. Torrance J. Hirsch, Auditor Commissioner of Elections Dubuque County, Iowa June 16, 1980 251 CITY OF DUBUQUE CHANGE OF GOVERNMENT QUESTION Precinct Yes No Blank Absentee 195 313 1 223 192 2 131 90 3 216 106 4 269 247 5 164 116 5 Special I0 8 S 202 7 122 85 8 120 113 9 110 79 10 169 138 11 215 209 13 243 294 14 192 187 15 195 178 16 183 189 17 251 268 18 205 198 19 254 277 20 288 221 21 2gl 254 22 170 185 24 223 258 In testimony whereoL we have here- unto set our hands and caused this to be attested to and sealed by the County Au- ditor of said County this 9th day of June, 1980. Wilfred Bahl, Chairman Lloyd C. Hayes Member Donna L. Smith Member ATTEST: Torrance J. Hirseh County Auditor Commissioner o~ Elections Dubuque County. Iowa Council Member Felderman moved hat this communication be received and filed and made a matter of record. Sec- onded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mom: bars Brady, Felderman, King, Pratt. Nays-None. There being no further business, Council Member Brady moved that the meeting be adjourned. Seconded by Council Member Pratt. Carried by the following vote: 252 Special Session, June 16, 1980 Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None, Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City (2 ri Spectal Sesmon, June 17, 1980 253 CITY COUNCIL OFFICIAL Special Session, June 17, 1980. Council met at 9:00 A.M. (C.D.T.) Present-Mayor Farrell, Council Members Brady, Felderman, King, Pratt. City Manager W. Kenneth Gear- hart. Mayor Farrell read tile call and stated that service had been duly made and this meeting is called for the purpose of dis- cussing and adopting a recommendatim to be submitted to the Iowa DOT rela~ tire to cra'rider location of Highway 561 and acting upon such other business as may properly come befnre tile Council. Communication of City Manager sub~ mitring various selections of an alter nato of the 561 Transportation Facility for Council consideration, presented and Councl] Member Pratt moved tt~at 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. Discussion followed by Staff Member Public Works Director Frank Murray, who advised the Council of A. Y. McDon- aid Company's expressed concern that the proposed Couler Valley construction would remove their office building. Council Members discussed and re~ commended several changes to be made in the recommendation to be sent to the Iowa DOT. Staff Member Dan Ditte~ more advised of the meeting with A.Y. McDonald Co. expressing that they would be the hardest hit by freeway; causing waiting til 1985 to make pro- posed expansion, etc. Council Member Pratt moved that the rules be suspended so that anyone could address the Council if they so desire. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. Mr. Bruce McDonaM of A. Y. McDon aid Mfg. Co. addressed the Councilin ref~ erence to the letter sent to Iowa DOT, advising ~hcir business was not tabled and/or planned around DOT construe tion. RESOLUTION NO. 203-80 Resolution Selecting a Preferred Alter- nate for 561 and Submitting a Recom- mendaBon to the Iowa Department of Transportation. WHEREAS, the Iowa Department of Transportation has prepared a Draft En- vironmental Statement (Supplement) for 561 in I)ubuque, Dubuque County, Project #F 56l 2; and WHEREAS, the alternates submit ted in a Draft Envlromnental Statement are in conformance with the 1990 Dubu quo Metropolitan Area Transportation WtIEREAS, a corridor public hearing Flags Civic Center oil June 10. 19~0 and that statements will be received until noon on J uno 23, 1980 for inclusion in lhe WHEREAS, it is urgent that the City Iowa I)epartment of Transportation inclusion into the official transcript of the public treating. NOW THEREFORE BE IT RESOLV- ED BY TIlE CITY COUNCIL OF TIlE CITY OF 1)UBtIQEE, IOWA: Section 1. That the City Coumdl ap Dubuque and forward this statement to for imdudsion in the official transcript of the public hearing, Passed. adopted] and approved this 17th day of Jnne, 1980. Carolyn Farrell Mayor James E, Brady I). Michael King Michael W. Pratt Cmmcil Members ATTEST: Mary A. Davis City Clerk tion of the Resolution. Seconded [iv Council Member Brady. Carried I)? ill;' There being no further business be fore the Council, Council Member King moved to adjourn. Seconded by Courted Member Pratt. Carried by the followblg Vote: 254 Special Session. June 17.1980 Yeas-Mayor Farrell, Council Mem hers Brady, Felderman. King. Pratt. Nays-None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ...................... 1980 Council Members ATTEST: City Clerk Special Session, July 3, 1980 255 CITY COUNCIL OFFICIAL Special Session, July 3, 1980. Council met at 4:15 P.M. Present*Mayor Farrell, Council Members Brady, Felderman, King, Pratt. City Manager W. Kenneth Gear- heart. Mayor FarreIl r~,ad the call and stated that service thereof had been duly nlade and this meeting is called for the pnrpose of ad0pting a Resob~tion authorizing the Mayor to execute a supplemental agree. ~ ment relating to grading activities for the 561 Facility across City Island and acting upon such other business as may properly come before the Council. Communication of City Manager suh- mitring Project Agreement to allow and permit the State to proceed with con- struction across City Island tying in the Mississippi River Bridge on the east and Kerper Boulevard on the west, present- ed 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. 204.80 NOW THEREFORE BE IT RESOLV- ED BY THE UITY CODNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section L That the Mayor be hereby authorized to execute a supplemental agreement for the City olDubuque iden- tified as Iowa DOT Agreement No. 80-12-059 relating to ~,q'ading activities for the 561 Facility across City Island, the construction of a new Peosta Chan- nel Bridge and the removal of the exist- ing P~osta Channel Bridge. Passed, adopted, and approved this 3rd day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Fclderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Feldermali moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by tile following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of St. Columbkilie's Parish Council requesting reconsideration on the closing of the Grandview Avenue Fire Station, presented and read. Council Member Felderman moved that the petition be received and filed. Seconded by Council Me~nber Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Petition of Mrs. Orlin J. Conlon, of 927 Victoria Place requesting~' that Fire Sta tion No. 5 at Gcandvicw and Bryant Streets remain open, presented and read. Council Member Felderman moved that the petition be received and filed. Secon'ded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrel], Council Mere bets Brady, Felderman, King, Pratt. Nays-None. Council Member Felderman moved that the City keep the Grandview Fire Station No. 5 open, utilizing the current budget limitations for manning the sta- tion, and conduct a six month evabmtion of the two-man staffing to determine ability to man and effectively and safely carry out mission of saving lives and pro perry. Discussion ensued as to the feasi bflity of this plan, with Council Member Brady expressing the viewpoint that a two-man station would be dangerous to the individual firefighters, and discuss- ed alternatives to keeping three fire- fighters on duty, rather than the sebe duled two. Chief Donphy said that no stand;~rd operating procedures have been deter mined concerning a two man station. though he is aware that, other cities have sueeessfully utilized a two man system. Council Member Pratl moved that the rules be suspended so that anyone who wished could address the Council. Sec ended by Council Member Brady. Car tied by thc following vote: Yeas-Mayor Farrell, Council Mom bers Brady, Felderman, King, Pratt. Nays~None. Vern SchiItz of 718 Loretta Com't stated that he had been in other cities that had only a two-man station and ii worked quite well; also he was of opinkm that the station should be kept open at whatever the cost, because he felt ii was a necessary priority. Jim Schreiber, President of the Pro fessional Firefighters Union, stated thai there [s not a standard operating proce dure for a two-man operation, and ~hat the Union strongly opposes 1wo man companies. Donald Deich of 260,5 Washington stressed the opinion that the fire station should be kept open, especially consider ing the emergency care given in tbose