1980 July Council Proceedings256
Special Session, July 3, 1980
first few minutes which are very neces-
sary to that particular area of the City,
but stressed his belief that this station
should be manned with the customary
three men, rather than the proposed
two.
Council Member Felderman repeated
his original motion to keep the Fire Sta-
tion #5 open, utilizing the current budget
limitations for manning the station; and
conduct a six month evaluation of the
two-moa staffing to determine ability to
man and effectively and safely carry out
mission of saving lives and property,
Seconded by Council Member" Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem~
bets Felderman, King, Pratt.
Nays~Council Member Brady.
Mayor ]~'arrell commented on the Beef
Kill line closing at the Pack, stating that.
these jobs are critical to City residents
etc,, and that she has been meeting with
the Dubuque Packing Co, management
and labor representatives with the idea
and hope that perhaps the City, via the
Council, could extend some type of aid as
to keep these jobs.
There being no further business,
Council Member Pratt moved to ad-
journ. Seconded by Council Member Fe]-
derman. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Mary A. Davis
City Clerk
Approved ...................... 1980
Adopted ....................... 1980
Council Members
ATTEST:
City Clerk
Regular Session, July 'L 1980
257
CITY COUNCIL
OFFICIAL
Regular Session. July 7. 1980.
Council met at 7:30 P.M. (C.D.T.i
Present. Mayor FarrelL Council
Members Brady, Fsldermann, King,
pratt. City Manager W, Kenneth Gear.
hart.
Mayor Farrell ~cad the cml and stated
that service thereof had been duly maes
and this is the REGULAR MONTHLY
MEETING of the City Council called for
t he purpose of acting upon such business
as may property come before the Coun~
cit.
Invocation was given by Reverend
Edgar C. Kolfenbaeh from Sacred Heart
Church.
Proclamation declaring week of Aug
us; 18, 1980 as "Mentally Handicapped
Week" was read and so proclaimed by
Mayor Farrell.
Proof of Publication. certified to by
the Publisher. of Notice of Public Hear-
ing to rezone portionof Lot I of NW Va of
SW ~h of See. 28 T89N, R21~J, from AG
Agricultural District ~o C-3 Arterial
Business/Commercial Distric;, presen;-
ed and read
No written objections were filed an~
Council Chamber at the time set for
hearing,
Council Member Pratt moved that the
proof of publication be received and
filed. Seconded by Council Member Fei
derman. Carried by the following ye;e:
Yeas-Mayor Farre]l. Council Meal
bets Brady, Felderman. King, Pratt.
Nays-None,
ORDINANCE NO. 44.80
AN ORDINANCE PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF.
ALSO KNOWN AS THE "ZONING OR.
DINANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA" BY RE-
CLASSIFYING THE HEREINAFTER
DESCRIBED PROPERTY FROM AGRI.
CULTURAL DISTRICT TO C.3 ARTERI.
AL BUSINESS/COMMERCIAL DIS-
TRICT. said Ordinance having been pre-
viously presented and read at the Coun-
cil Meetingof June 2.1980,preseated for
fioal adoption.
ORDINANCE NO. 44-80
AN ORDINANCE OF THE CITY OF DU-
BUQUE. IOWA, PROVlDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONfNG
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA" BY
RECLASSIFYING THE HEREINAF-
TER DESCRIBED PROPERTY FROM
AGRICULTURAL DISTRICT TO C-3
ARTERIAL BUSiNESS/COMMERCIAL
DISTRICT.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBU.
QUE. IOWA:
Section 1.2'hat the Code of Ordina~m
a~ of th~ City of Dubuque, Ionia h,
a~nended by revising Appendix A there-
of, also known as the "Zonin90rdin~rac~
and Zoning Map qf thc City of Dubuque,
Iowa" to reclassify hereinaJ~er describ-
ed property from "A G A gric~.ltural Dis.
Business/Commercial District" to.wit.
Lot 1 of the Northwest Quarter vi
254
Special Session June 17, 1980
Yeas-Mayor Farrell. Council Men~
bees Brady. Feiderman. King, Pratt.
Nays-None.
Mary A. Davis
City Clerk
Approved ...................... 1980
Adopted ....................... 1980
Council Members
ATTEST:
City Clerk
Special Session
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 Farrell read the cai[ and stated
that service thereof had been duly made
and this meeting is called for the purpose
of ad0pting a Resolntion authorizing the
Mayor to execute a supplemental agree
raent 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 sub-
mitring Project Agreement to allow and
permit the State to proceed with con-
struction across City Island tying [n the
Mississippi River Bridge on the east and
Kerper Boulevard on the west, presenl-
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 CITY COUNCIL OF TIlE
CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor he hereby
authorized to execute a supplemental
agreement for the City of Dubuque iden-
tified as Iowa DOT Agreement No.
80-12-059 relating to grading activities
for the 561 Facility across City Island,
the construction of a new Peosta Chan-
nel Bridge and the removal of the exist~
lng 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. Felderman
Michael W, Prat~
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member P'e[(ler~nali moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried hy the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None~
Petition of St. Columbgille's Parish
Codncil requesting reconsideration on
July 3, 1980 255
the closing of the Grandview Avenue
Fire Station, presented and read.
Council Member Felderman moved
that the petition t~e received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Petition of Mrs. Orbn J. Conlon, of 927
Victoria Place requesting that. Fire Sta
lion No. 5 at Grandview and Sryant
Streets relnain open, presented and
read.
Council Member Felderman moved
that the petition be received anti filed.
Secor~ded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farreli, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays None.
Council Member Feiderman moved
that the City keep the Grandview Fire
Station No. 5 open, utilizing the current
budget limitations for ~nanning the sin-
lion, and conduct a six month evaluation
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 [easi
bility of this plan, with Council Member
Brady expressing the viewpoint thai a
two-man station would be dangerous to
the individual firefighters, and discuss-
ed alternatives to keeping tlirec fire
fighters on duty, rather than the sche
duled two.
Qhlef Donphy said {rhat i~lo stand=lcd
operating procedures have been deice
mined concerning a two man statien,
though he is aware that other cities have
successfully utilized a two man system.
Council Member Pratt moved that the
rules be suspended so that anyone who
wished could address the Council. Sec
ended by Council Member Brady. Car
tied by the following vote:
Yeas Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Vern Schiltz of 718 Loretta Court
stated that he had been in other cities
that lied only a two-man station and it
worked quite well; also he was of opinion
that the station should be kept open at
whatever the cost, because he feltr il was
a necessary priority.
Jbn Schreiber, President el the Pro
fessional Firefighters Union, slated that
there is not a standard operating proee
dure for a two-man operation, and tha~
the Union strongly (!pposes ~wo man
companies.
Donald Deich of 2605 Washington
stressed the opinion that the lire sta6on
should be kept open, especially consider
lng the emergency care given in those
256
Special Session, July 3. 1980
first few minutes which are very neces-
sary to that particular area of the City,
but stressed his belief that this station
should be manned with the customary
three men, rather than the proposed
LWO.
Council Member Felderman repeated
his original motion to keep the Fire 8ta-
tion #5 open, utilizing the current budge~
limitations for manning the station, and
conduct a six month evaluation of the
two-man staffing to determine ability ~o
man and effectively and safely carry ou$
mission of saving lives and property.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Felderman. King, Pratt.
Nays-Council Member Brady.
Mayor Farrell commented on the Beef
Kill line closing at the Pack. stating that
these jobs are critical to City residents
etc,, and that she has been meeting with
the Dubuque Packing Co. management
and labor representatives with the idea
and hope that perhaps the City, via the
Council. could extend some type of aid as
to keep these jobs.
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 Farrel]. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays~None.
Mary A. Davis
City Clerk
Approved ...................... 1980
Adopted ....................... 1980
Council Members
ATTEST:
City Clerk
Regular Session, July 7, 1980
257
CITY COUNCIL
OFFICIAL
Regular Session, July 7, t980.
Council met at 7:30 P.M. (C.D.T.)
Present;Mayor FarreB, Council
Members B'rady, Feldermann, King,
Pratt. City Manager W. Kenneth Gear-
hart.
Mayor Farrell feed the call and slated
that service thereof had been duly made
and this is the REGULAR MONTHLY
MEETING of the City Council called for
th9 purpose of acting upon such business
as may properly cotoe before the Coum
cfi;
Invocation was given by Reverend
Edgar C. Kolfenbach fi'om Sacred Heart
Church.
Proclamation declaring week of Aug-
ust 18, 1980 as "Mentally Handicapped
Week" was read and so proclaimed by
Mayor Farrell.
Proof of Publication, certified to by
the Publlsher, of Notice of Public Hea~-
lng to rezone portion of Lot 1 of NW % of
SW Va of Sec. 28 T89N, R2E, from AG
Agricultural District to C-3 Arterial
Business/Commercial District, pcesent-
ed and read.
No written objections were fi~ed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing.
Council Member Pcatt moved that the
proof of publicatiou be received and
81ed. Seconded by Council Member
derman. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
NaymNone,
ORDINANCE NO. 44-80 r
AN ORDNANCE PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, SE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING OR-
DINANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA" BY RE-
CLASSIFYING THE HEREINAFTER
DESCRIBED PROPERTY FROM AGRI*
CULTURAL DISTRICT TO C-3 ARTERI.
AL BUSINESSICOMMERCIAL DIB~
TRICT, said Ordinance having been pre-
vi0usly presented and read at the Coun
cil Meetingof J uno 2,1980,preser~ted for
final adoption.
ORDINANCE NO. 44.80
AN ORDinANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE 9ZON!NG
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUEi IOWA" BY
RECLASSIFYING THE HEREINAF-
TER DESCRIBED PROPERTY FROM
AGRICULTURAL DISTRICT TO C-3
ARTERIAL BUSINESSICOMMERCIAL
DISTRICT.
BE IT ORDAINED BY THE CiTY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Code of Ordinam>
es of the City of Dubuque, Iowa be
amended by revising Appendix A there
of also known as ~he "Zoning Ordinance
and Zoniny Map qf the City of Dubuque,
Iowa" lo reclassify hereinafter desc~b-
ell property from "A G Agricultural Dis-
trict'' classification to "C-3 Arterial
Business~Commercial District" to.wit:
Lot l of the Northwest Quarter of
the Southwest O~e. Quarter, Sectio*~
28, Township 89 North, Range 2 East
of the 5th Principal Meridia'~, bt the
City qf Dubuque, Iowa except that
parcel described as follows:
Commencing at the northeast cor-
ner qf the above lot, thence south 0
degrees ~2' - 09" East, 350 feet,
thence southwesterly 415 feet,
thence northwesterly 260feet to the
north line of the above lot, thence 510
.feet alo~g the north fot~line to the
point of beginning.
258
Regular Session. July 7.1980
Council Member Pratt moved final
adoption o~ the Ordinance as amended.
Seconded by Council Member Folder-
man. Carried by the following vole:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
Proof of publication, certified ~o by
the Publisher, of Notice of Public Hear-
ing to rezone by reclassifying portion of
property in "Patricia Ann Acres" from
P~-4 Residential District to R-2 Residen.
tim District Classification, presented
and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing.
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member
Pratt, Carried by the following vo~e:
Yeas. Mayor Farrell. Council Mem-
bers Brady, Felderman. King. Pratt
Nays-None.
ORDINANCE NO. 45-80
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" BY
RECLASSIFYING HEREINAFTER DE-
SCRIBED PROPERTY IN "PATRICIA
ANN ACRES" FROM R.4 RESIDEN.
TIAL DISTRICT CLASSIFICATION TO
R-2 RESIDENTIAL DISTRICT CLASSI-
FICATION, said Ordinance having been
previously presented and read a~ the
Council meeting of June 2,1980, presen~-
ed for final adoption.
ORDINANCE NO. 45.80
AN ORDINANCE OF THE CITY OF DU.
BUQUE. IOWA. PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE. IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA" BY
RECLASSIFYING HEREINAFTER DE-
SCRIBED PROPERTY IN "PATRICIA
ANN ACRES" FROM R-4 RESIDEN.
TIAL DISTRICT CLASSIFICATION TO
R-2 RESIDENTIAL DISTRICT CLASSI-
FICATION.
NOW THEREFORE, BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CiTY OF DUBUQUE. IOWA:
Section 1. That the Code of Ordinanc.
es of the City of Dubuque, Iowo. ~
amended by rev~s;ng Appendi~ A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa,' to reclass~ly hereinafter de.
scribed property from "R-} Residential
District" classification" to "R-2
Residential District" classification to-
wit:
Lot 2 of Lot I of Lot I of Duggan
Farm. Lot ~ of Lot I of Mineral Lot
~98 and Lot 2 of Lot 1 of Lot 1 of Min-
oral Lot ~98 in Section 2 Township
88, Range 2East o] the 5th Principal
Meridian: and part of Lot I of Lot I of
Lot I of Duggan Far~a and Part of
Lot 1 of Lot I of'Lot I of MineralLot
~98 in Sectiort 2 Township 88, Range
2 East of the 5th PrincipalMeridian.
and mor( particularly described as
follows:
Beginning 25 feet East of the
Northeast com~er~of Lot ~ of Lot I oJ
Lot 1 of J~ineral Lot h98 and the cen-
terline of Edwards D~bve. in Section
2. Township 88 North. Range 2 East
of the 5th principal Meridian ~ the
Cit~ of Dubuque. Iowa, thence South
4 degrees ~I feet East approximat~
l~ 690fee t along the centerline of Ed.
wards Road: ~hence 85 degrees 19
feet West approximately 3~O feet to
a point, thence North 52 degrees ~0
feet West approximately 230feet to
a point: !hence North 38 degrees 19
fee t East approximately l 7O fee t to a
point: thence North O~ degrees $1
feet West approximately 305 feet to
a point: thence North 84 degrees 41
feet West approximately 35feet to a
point: the*me North 01 degrees 18
feet East approximately 200feet to
the South li~le o fLu t 4, Block 2 of Lot
1 of Lot 1 of Lot 2 of Lot 1 of I)uggan
Farm, thenc~ Easterly alone the
South line of Lot ~. and Lot 5. and
BIoek 2 and Lot 1.A Block 3 of Lot l of
Lot I oJ Lot 2 qf Lot 1 of Duggan
Farm to the centerline of Edwards
Road: thence south O$ degrees 41
feet East approximately 210 feet
along the centerlin~ o) fffdwards
Road. to the point of beginning, all ly-
ina in the Cit?t of Dubuque. Iowa
Sonflon 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque. Iowa.
Passed. adopted, and approved this
7th day of July, 1980.
Carolyn Farrel]
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Regular Session, July 7, 1980
259
Published offieial]y in the Telegraph
tterald newspaper this llth day of July,
1980.
Mary A, Davis
City Clerk
It 7lll
Council Member King moved final
adoption of the Ordinance. Seconded by
Connell Member Pratt. Carried by the
following vote:
Yeas-Mayor FarrelL Council Mem-
bors Brady, Felderman, King, Pratt.
Nays~None.
Proof of publication, certified to by
the Publisher, of Notice of Public Hear-
ing to vacate an alley north of Kaufmann
Ave., abutting Lots 7 & 18 of Subdivi-
sion of Lots 104 and 166A in L.H. Lang-
worthy's Addn., presented and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
'bearing,
Council Member Pratt moved t hat t he
proof of publication be received and
filed, Seconded by Council Member Fei
derman. Carried by the following vote:
Yeas-Mayor Farrel], Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
ORDINANCE NO. 46.80
AN ORDINANCE VACATING AN AL.
LEY NORTH OF KAUFMANN AVE.
NUE ABUTTING LOTS 7 & 18 OF THE
SUBDiVi~ ON OF LOTS i64 and 166A
IN L.H~ LANGWORTHY'S ADDITION
IN "['HE CITY OF DUBUQUE, IOWA,
said Ordinance having been previously
presented and read at the Council
Meeting of June 16, 1980, presented for
final adoption.
ORDINANCE NO. 46.80
AN ORDINANCE VACATING AN AL.
LEY NORTH OF KAUFMANN AVE-
NUE,.~BUTTING LOTS 7' & 18 OF THE
SU BDIVISIO N O F LOTS 164 AN D 166A
IN L.H. LANGWORTHY'S ADDITION
IN THE CITY OF DUBUQUE, IOWA.
WHEREAS, Christopher A. and
Mary Be th Smith have requested the va-
cation of an alley north qf Ka~fman~
Avenue, abutting Lots 7 and 18 of the
subdivision qf Lots 16~ and 166A in L, H,
Langwortky 's addi~ion in the City of Du-
buque, lowa and
WHEREAS, Barrels, LeMay and
Haas Engineering Company has pre.
pa.ed and submitted to the City Council
a pbzt showing the vacated alley and as.
si!/ned lot nu'~bers thereto, and which
shall hereafter be l~own and described
as Lots 7A and 18A of Sub. of'Lots 164
and lgOA in L.H. Langworthy's Addi.
lion in the City of Dubuque, Iowa; aml
WHEREAS, the City Council qf Du.
buque, Iowa has d~!temnined that this
alley is nO brayer required for p'~blic use
and ~he vacation of said alley known as
Lots 7A and lSA of Sub, qf Lots 16~ and
166A in L.H, Langworthy's Addition in
the City of'Dubuque, Iowa should be ap-
proved.
NOW THEREFORE, BE IT ORDAIN-
ED BY THE CITY COUNCIL OF TttE
CITY OF DUBUQUE, IOWA:
Section 1. That said real estate
described as Lots 7A and 18A of Sub. t~t'
Lo ks 164 and 166A in L.H. Lang worthy
Addition in Dubuque, Iowa be and the
same is hereby vacated.
Section 2. That the City Clerk be and
she is hereby authorized and directed
cause publication ufa notice of intent
dispose of said real estate in a n~ anne r as
prescribed by law.
Section 8. That the conveyance ~J
said lot to Christopher A. and Mary
Beth Smith and the same is hereby ap
proved upon payment ~f $100.00, a.d
upon payment of publication and J¥1i~y
Passed, adopted, and approved this
7th day of July, 19Sa
Carolyn Fa~rell
Mayor
James E. Brady
D. Michael King
John L. Felderma',
Michael W. Pratt
Council Ment bors
ATTEST:'
Mary A~ Davis
City Clerk
Published officially in the Telegrap~
lIerald newspaper this l l th day of ,hdy,
1980.
Mary A. Davis
City Clerk
It 7/11
Council Member Pratt moved final
adoption of the Ordinance. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman, King, Pratt.
Nays-None~
RESOLUTION NO. 205-80
WHEREAS, pursuant to Resolution
an(] published notice of time and place el
hearing, published in the Telegraph
lterald, a newspaper of general circula
tion, published in the City of Dubuque,
Iowa on Jnne 23, 1980, the City Council
of the City o~ Dubuque, Iowa met on the
7th day of July, 1980, at 7:30 o'clock P.M.
(CDT) in the City Council Chambers,
City Hall, Dubuque County, Iowa to con-
sider the proposal to dispose of interest
of the City of Dubuque, Iowa in real es
tale vacated portion of an alley north of
Kaufmann Avenue, abutting Lots 7 and
18 of the Subdivision of Lots 164 and
166A in L.H. Langworthy's Addition in
260
Regular Session, July 7, 1980
the City of Dubuque, Iowa, now platted
and known as:
Lot 7A and Lot 18A of the Subdivi-
sion of Lots 164 and 156A in L.H.
Langworthy's Addition in tho City of
Dubuque, Iowa
to CHRISTOPHER A. AND MARY
BETH SMITH; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or written, to the
proposal to dispose of interest of the
City of Dubuque, Iowa in the herein-
above real estate to the above named
Grantees;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQDE, IOWA:
Section 1~ That the disposal of inter~
est of the City of Dubuque, Iowa in the
vacated portion of an alley north of Kauf-
mann Avenue abutting Lots 7 and 18 of
the Subdivision of Lots 164 and 166A in
L.H. Langworthy's addition in the City
of Dubuque, Iowa, and which is now plat-
ted and known as Lots 7A and 1SA of the
Subdivision of Lots 164and 165A in L.H.
Langworthy's Addition in the City of
Dubuque, Iowa to CHBISTOPHER A.
SMITH and MARY BETH SMITH be
and the same is hereby approved for the
sum of $100.00 plus publication costs and
filing fees; that the conveyance shall be
by Quit Claim Deed, and no abstract will
be furnished by the City and that con-
veyance shall be subject to and the City
shall retain a perpetual easement unto
itself, in, over and across said vacated
portion of an alley North of Kaufmann
Avenue for public utilities, located
therein and right of ingress and egress
to repair and maintain the same.
S®cfioo 2. That the City Clerk be and
she is hereby directed and authorized to
deliver Deed of Conveyance conveying
the above described real estate to the
above named Grantees upon receipt of
the purchase price in full.
Section 3. TMt the City Clerk be and
she is hereby authorized and directed to
record a certified copy of this Resolution
in the offices of the City Assessor, Dubu-
que County Recorder and the Dubuque
County Auditor.
Passed, adopted, and approved this
7th day of July, 1980.
Car61yn 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 tollowing 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-
ing to amend the Zoning Ordinanse by
enacting new Sections 5-105.3 1), 2) and
7); 5-105,10 and Table 5-105.2 maximum
number of C-3 off-premises signs and
maximum number of C-4 ompremise
signs, of Artief~ V in lieu thereof, to clari-
fy the distinction between regulations
for on-premise and off-premise signs,
presented and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing.
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member Fel-
derman. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem~
bors Brady, Felderman, King, Pratt.
Nays-None.
ORDINANCE NO, 47-80
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", BY
REPEALING SfiCTIONS 5-105.3, 1), 2)
AND ?): 5-105.10 AND TABLE 5.105.2,
MAXIMUM NUMBER OF C.3 OFF-
PREMISE SIGNS AND MAXIMUM
NUMBER OF C-4 ON.PREMISE
SIGNS, OF ARTICLE V AND ENACT.
lNG NEW SECTIONS 5-105.3, 1), 2)
AND 7); 5,105.10 AND TABLE 5.105.2
MAXIMUM NUMBER OF C-3 OFF-
PREMISE SIGNS AND MAXIMUM
NUMBER OF C.4 ON.PREMISE
SIGNS, OF ARTICLE V IN LIEU
THEREOF, TO CLARIFY THE DIS-
TINCTION BETWEEN REGULATIONS
FOR ON-PREMISE AND OFF-PREM-
ISE SIGNS, said Ordinance having been
previously presented and read at the
Council meeting of June 16, 1980, pre-
sented for final adoption.
'ORDINANCE NO~ 47.80
!AN ORDINANCE OF THE CiTY OF
DUBUQUE, IOWA~ PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
REPEALING SECTIONS 5-105~3, 1), 2)
Regular Session. July 7, 1980
261
AND 7): 5.105.10 AND TABLE 5.105.2.
MAXIMUM NUMBER OF C-3 OFF.
PREMISE SIGNS AND MAXIMUM
NUMBER OF C.4 ON-PREMISE
SIGNS, OF ARTICLE V AND ENACT-
lNG NEW SECTIONS 5.105.3, 1), 2)
AND 7); 5.105.10 AND TABLE 5.105.2
MAXIMUM NUMBER OF C,3 OFF.
PREMISE SIHNS AND MAXIMUI~
NUMBER OF C-4 ON-PREMISE
SIGNS, OF ARTICLE V IN LIEU
THEREOF, TO CLARIFY THE DIS.
TINCTION BETWEEN REGULATIONS
FOR ON.PREMISE AND OFF. PREM.
ISE SIGNS.
NOW THEREFORE, BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Uode of Ordinanc.
es of the City of Dubuque, Iowa, be
amended by revising Appendix A there-
o], also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
[cwo'; by repealin9 Section 5-105.3. 1/
and 2/of Article V thereof, and enacting
· new Section 5-105.3. 1! and 2l in lieu
thereof, as follows:
5-105.3 "1l Maximum Area - the maxi-
mum area shah be ti~e maximum cumula.
tire area allowed for ali permitted
premise signs displayed on the premise.
2) Maximum Number- the maximum
nurabe~' shall be the maximum total
number of permitted on-premise signs
displayed on the premises. Each inte-
gral structural unit displaying a un~fied
infor~.ational content shall be counted
as one s~gr~ except that a double.faced
Section 2. That the Code of Ordinanc.
es of the Uity of Dubuque. Iowc~ be
a~nende d by revising Appendix A there-
el, also known as the "Zonin§ Ordlnanc~
and Zoning Map of'the City of Dltbuque,
Iowa". by repealing Section 5-105.3. 7t of
Article V thereof, o~d enacting a ne~
Section 5~105..~. 7l of Article V in lieu
thereof, as follows:
5~105.3 "7! The regulations o!
~ktble 5.105,2 are intez~ded to apply
build,ny is located on a Ici. the total
for the entire lot may be allocated in
buildings contained on the lot. sub-
~ect to all other ~romsions of this
Section. Itowever for such multiple
by Table 5. I05.2 shall apply to eaeb
Section 3. That the Uode of Ordi??anc
es of the City of Dubuque, lowm be
amended by revising AFpendix A there-
el, also known as the "Zoning Ordinanc~
and Zoning Map of the City of Dubuque,
Iowa", by repealing Section 5-105.10 of
Article V thereof and enacting a
Section 5~105.10 of Article V i~ lie~
thereof, as follows:
"5-105.10 Signs on Multiple Fron-
tage Lots
Zoning lots which have separate
frontages on more than one sire(
including th?'ough lots and cyme?
lots shall not display signs along any
one street frontage t~ excess of thc
bet permitted for that frovtage
alone. Each frontaq~ is to be co~ sid.
ered separately,"
Section 4, That the Code ¢.f Ordinan~
es of the City of Dubuque, Iowa be
amended by revisin§ Appendix A there.
of, also known as the "Zoning Ordlna~ce
and Zoning Map of the City of Dubuqu~
Iowa", by repealinq Table 5-105.~ Maxi-
mum Number of C-$ offipremise signs
and C-4 on.premise signs, ~l Article
thereof, and enacting new provisions oI
Table 5-~05.2 M(rximum N~mber oI
off-premise szgns avd Maximum Num~
ber of C-4 on-premise signs, of Article V
in lieu thereof, as follows:
Table 5-105.2 SCHEDULE OF
COMPREHENSIVE SIGN
REGULA TH)NS
ZONING DISTRIC~ ALLOW
ABLE CONTENT. MAXIM ~fM
NUMBER
C-& Off-Premise Signs, "Off-pre-
m~se advertising devices shall be
erected no closer than 100' to another
off-premise advertising device fi~c-
i~g in the same direction on either
side of the roadway. '
C-4. O~-Premise Signs Isome as
C. II. "l sign per each lO0'of J~onta(~e
orfra,ction therew, nee ~o exceed
signs per premise. '
Section 5, That the foregotng amend.
me~t has heretofore been approved
the Planning and Zoning Com~issiov
the City of Dubuque Iowa
Passed. adopted, and approved thi~
7th day e~f July, 1980.
Carolyn Farrell
James E. l~rady
D. Michael King
John L. Pelderman
Michael W, Pratt
Council Mom bors
A TTES ~'
Mary A. Davis
City Clerk
Published ~lfficially in t~, Teleura.~,
262
Regular Session, July 7, 1980
Herald newspaper this 11th day of July,
1980.
Mary A. Davis
City Clerk
It 7/11
Council Member King moved final
adoption of the Ordinance. Seconded by
Council Member Felderman. Carried by
the folk,wing vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Fetderman, King, Pratt.
Nays-None. ,
Proof of pubfication, certified to by
the publisher, of Notice of Public Rear-
ing to amend the Zoning Ordinance by
reclassifying certain property at the
southeast corner of the intersection of
Radford Road and Pennsylvania Ave.
from "AG Agricultural District" to "C-2
Local Service Commercial District,"
presented and read,
No wrttten objections were filed and
no oral objectors were present in the
Council Chamber at the time set for
hearing.
Council Member Felderman moved
that the proof of publication be received
and filed, Seconded by Council Member
King, Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
ORDINANCE NO. 48.80
AN ORDINANCE PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBiJQUE, IOWA,-B~ A~IE~NDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
RECLASSIFYING HEREINAFTER DE-
SCRIBED PROPERTY AT THE SOUTH.
EAST CORNER OF THE INTERSEC.
TION OF RADFORD ROAD AND
PENNSYLVANIA AVENUE FROM "AG
AGRICULTURAL DISTRICT" CLASSI.
FICATION TO "C-2 LOCAL SERVICE
COMMERCIAL DISTRICT" CLASSIFI-
CATION. said Ordinance having previ-
ously been presented and read at the
meeting of June 16. 1980, presented for
final adoption.
ORDINANCE NO.48-80
AN ORDINAN(~E OF TH~ ~ITY OF DU.
BUQUE. IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE. IOWA BE AMENDED
8Y REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
RECLASSIFYING HEREINAFTER DE.
SCRIBED PROPERTY AT THE SOUTH.
EAST CORNER OF THE INTERSEC.
TION OF RADFORD ROAD AND
PENNSYLVANIA AVENUE FROM "AG
AGRICULTURAL DISTRICT" CLASSI-
FICATION TO "C.2 LOCAL SERVICE
COMMERCIAL DISTRICT" CLASSIFI-
CATION.
NOW THEREFORE, BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Suction 1. That the Code of Ordinanc-
es of the City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", to reclassify hereinofter describ-
ed property from "A G Agriculturat Dis-
trier' classification to "C-2 Local Ser-
vice Commercial District' classifica-
tion, to-wit:
Commencing at the point of inter-
section of the centerlines of Radford
Road and Pennsylvania Avenue;
thence southerly on the centerline of
Red ford Road, a dis lance of one-thou-
sand feet,, thence east a distance of
one..thousand, two hundred feet;
the~ce north a distance of approxi-
mately one..thousand feet to the cen-
terline of Pen~[sylvania Avenue;
thence westerly along the centerline
of Pennsylvania A venue, a distance
of approximately one-thousand, two-
hundred feet to the point of begin-
ning; said line describing a parcel of
approximately twenty-seven acres
located in the northwest corner of
the Northeast Quarter of Section 29,
Township 89 North Range ~ East of
the 5th Prinmpal Meridian in the
City of Dubuque. Iowc~
Section 2. A llparties connec ted here-
with acknowledge and agree' that the re-
classification herein provided for is con-
ditioned upon the acquisition of the pro-
perty to the south hereof for Planned In-
dustrial District purposes
Section 3.7'l~at th~ foregoing ~?nend-
ment has heretofore been approved by
the Plannin9 and Zoning Comwission of
the City of Dubuque. Iowa.
Passed. adopted, and approved this
7th day et'July, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Mom bors
A2'TES~?
Mary A. Davis
Cit~ Clerk
Published officially in the Telegraph
HeraM newspaper this 14th day of July,
1980.
Mary A. Davis
It 7/1~ City Clerk
Regular Session; July 7, 1980
263
Council Member Felderman moved
final adoption of the Ordinance as
amended. Seconded by Council Member
Pratt, Carried by the following vote:
Yeas-Mayor Parrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Proof of publication, certified ~o by
the Publisher, of Notice of Public Rear-
ing to amend Zoning Ordinance by
classifying property located east. of Red-
ford Road, south of Pennsylvania Ave.,
and west of proposed Northwest Arteri-
al from "AG Agricultural District" to
"PI Planned Industrial District" con-
taining approximately 137 acr~,s, pre-
sented and read.
No written objections were filed and
no oral objectors were present at thc
time set for the hearing.
Council Member Felderman moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
oRDiNANCE NO. 49.80
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", BY
RECLASSIFYING HEREINAFTER DE-
SCRIBED PROPERTY FROM "AG AG.
RICU LTURAL DISTRICT" to"PI PLAN.
NED IN DUSTRIAL DISTRICT". said Or-
dinance having been previously presen~-
ed and read at the Council Meeting of
June 16. 1980, presented for final adop-
tion.
ORDINANCE NO. 49-80
AN ORDINANCE OF TH-I~'~l¥¥~
DUBUQIJE, IOWA, PROVIDING THAT
THE CODE DF ORDINANCES. CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AB THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA". BY
RECLASSIFYING HEREINAFTER DE-
SCRIBED PROPERTY FROM "AG AG-
RICULTURAL DISTRICT" to"Pi PLAN-
NED INDUSTRIAL DISTRICT".
WHEREAS. LETNA Properties. as
own~ r. and the City of Dubuq~te. as de-
veloper, have filed ar~ application far
classification of said property from "AG
Ag?'icultural District" to "PI Planned
Industrial District' in acco?'danee with
the approvriate prov~swns of Appendix
A ofth~ Code of Ordinances of the City
of Dubuque. lowx
WHEREAS. the Planningt and Zen-
ing Commission has hem ~ Public He(ir
lng on said application for zoni~g rechts-
sifieation pursuant to required p~zblish-
ed notice; and
WHEREAS, the Planniny and Zon-
ing Commission has approved said ap-
plication for zoning reclassificatio~l
thy found that said application confo~ s
with applicable review standards; and
WHEREAS, the Planni~tg and Zon-
ing Commissio~ recommended the
currence of the City Coi~ncil in approval
of said applicatio?l for zo~ling reclassifi-
cation; and
WHEREAS~ the City Council has r~
viewed the recommendation of the Plan~
ning and Zoning Commission and
held ~ts own public hearing on sai d ,ppli
cation for zoning reclassification
ant to required published ~mtice; and
WHEREAS, the City Council has
proved said application for zo~lil~g re~
classification.
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code o/ Ordimmc-
es of the City of Dubuque, Iowa, be
a~nended by revising Appendix A there'-
of, also known as the "Zoning Ordinance
and Zoning Map of the City qf Dubuque,
Iowa", bit re classiJ~ing from "AG A yri~
cultural District" to "PI Planned Indus
trial District" the following described
property, to wit:
Covlmencin~ at a point on the cen-
ler~llne of l~adl]~'d Road 1000 .feet
south of its intersection with the
centerline of Pennsylvania Aw
thence east to a point 300fee t west of
the east llne of Section 29, T89N
R2E: thence south on a line parallel
to and 300feet west o] the east line of
Section 29. ~o its intersectio~ with
the centertine of the Illi~iois Gulf
Railroad right-~f, way; thence south-
ely and westerly alovy said ce~zter.
line of the Illinois GuU' Railroad
reclassified subject to tke followirtg
264
Regular Session, July 7, 1980
em~/hrmity with the approved pre-
liminary plans within twelve [.f~)
months of the effective date of this
Ordinance.
fbi That use s permit ted in this par-
tleular PI Planned Industrial Dis-
trier shall be limited to those uses
permitted i.~ tko LI Liyht Industrial
District.
(e) That the development, opera-
tion and maintenance of uses in this
district shall he conducted in confor-
mance with the standards and regu-
lations of the PI Planned Industrial
District.
rd] That any transfer nf ownership
or lease of property in this district
shall include in the transfer or lease
agreement a provision that the pur-
chaser or lessee agrees to be bound
by the conditions authorizing the es-
tablishment of this district.
Passed, adopted, and approved this
7th day of July, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of July,
1980,
Mary A, Davis
City Clerk
It 7/14
Council Member Felderman moved
final adoption of the Ordinance. Second-
ed by Council Member Pratt. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Fetderman, King, Pratt,
Nays-None,
Proof of publication, certified to by
the Publisher, of Notice of Hearing on
Pendency of Resolution of Necessity for
18th Street Fire Station Remodeling,
presented and read.
No written objections were filed and
no oral objectors were present at the
time set for hearing.
Council Member King moved that the
proof of publication be received and
filed, Seconded by Council Member
Pratt, Carried by the following vote:
Yeas-Mayor Farrell, Council Mem~
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 fin-
provpment fei' the 18th Street
Fire Station remodelling
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, and unless proper-
ty owners at the time of the final consid-
eration of this proposed resolution have
on file with the City Clerk, objections to
the amount of the cost of the improve-
ment, they shah be deemed to have
waived ali objections thereto.
Said improvement shall be construct-
ed and done in accordance with the plans
and specifications Which have been ap-
proved by the City Council and are now
on file with the City Clerk. That the cost
and expense of making such improve-
ment
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 2nd day of JUne~
RECORD OF FINAL ADOPTION
The foregoing Resolution was finally
passed and adopted, as proposed, by the
City Council this 7th day of July, 1980.
Carolyn Farrel[
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King me, ed final
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
(DecleJ0n of Council upon objections
to plans, specifications, form of
contract and cost of improvements.)
RESOLUTION NO. 206-80
WIIEREAS, proposed plans and spe-
cifications and form of contract for the
18th Street Fire Station remodelling
have been approved by the City Council
of the City of Dubuque and public notice
given as provided by Chapter 384 of the
Code of Iowa, 1979 pertaining to public
contracts and bonds, and the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or con-
tract for or cost of such improvements,
Regular Session, July 7, t980
265
said time being this 7th day of July, ] 980;
and
WHEREAS. the City Council met ill
regular session this 7th day of July,
1980. at 7:30 o'clock P.M. at the Council
Chambers in the City Hail for the pur-
pose of hearing ali interested parties and
considering any and all objections which
ha~e been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposnd to be made: and
WItEREAS. all interested parties
have been given an opportunity to be
heard and all objections which have been
duly weighed and censtdered~
NOW THEREFORE lie IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That all objections which have been
made and filed w the plans, specifica-
tions, contract for or cost of said im-
provement herein described and pro-
0oecd to be made, be and the same bore-
by overruled and such plans, speciBca-
tions and form of contract heretofore ap-
proved are hereby adopted,
BE IT FURTHER RESOLVED that
this resolution eontainim~ the decision of
this Council upon all objections which
have been filed to tile ulans, specifica-
~ions and form of cost said improvemen~
connection with said imf cerement
Passed. adopted, and approved this
7th day of July, f980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Feldermau
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.
(Ordering Construction)
RESOLUTION NO, 207-80
BE IT RESOLVED BY TIlE CITY
COUNCIL OF THE CITY OF DUBU~
QUE, IOWA that pursuant to a Resolu~
tion of Necessity No. 170-80 which was
duly passed by this Council for the 18th
Street Fire Station remodelling, be and
the same is hereby ordered constructed
by this Council upon its own motion and
wiih or without the petition of property
All work shall be constructed in actor-
dance with the plans and specifications
heretofore adopted and now on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of said imurove-
merit be paid from the General Revenue
Sharing and Community Development
Funds,
BE IT FURTHER RESOLVED lhat
this resolution being deemed urgent and
of IMMEDIATE NECESSITY shall he
in force and effect from and after its
passage and adoption by thc City Coun
cfi.
Passed, adopted, and approved .hi~
7th day of July, 1980~
Carolyn Farrell
Mayor
James E. Braay
D. Michael King
John L. Feldcrman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King mow~d adop
tion of the Resolution. Seconded hv
Council Member PratL Carried bk til~
following ye;e:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman. King, Pratt.
Nays-None.
Proof of publication, certified to Iw
the Publishe~. of Notice to Contractors
for General Construction Work. Plumb
ing, Heating Ventilating and Air-Condi
tioning Work and Electrical Work for
18th Street Fire Station Remodeling.
presented and read.
Council Member King moved that the
proof of pubfication be received ann
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell Council Mom
bors Brady, Felderman. King, PratL
Nays-None.
Communication of City Manager re
commending awarding con~rac;s for
above project to Total Structures. Swift
Plumbing and Iteating and Uhlrich Elec
tric Company, presented and read~
Council Member King moved that the
communication be received an~ fi[ed.
Seconded by Council Member Pratt
Carried by the following vote:
Yeas-Mayor Farrell. Council Me~
bets Brady, Felderman. King, Prat~
Nays-None
(Awarding Contract)
RESOLUTION NO. 208-80
WHEREAS. sealed proposals nave
been submitted by contractors for the
18th Street Fire Station remodelling
pnrsnan; ;o Resolution No. 171-80 and
notice to bidders published in a newspa
per published in said City on June 5.1980
and June t9. 1980: and
266
WHEREAS, said sealed proposals
were opened and read on June 26. 1980,
and it has been determined that the bid
of Total Structures, Inc. of Dubuque,
Iowa in the amount of $59,770,00 was the
lowest bid for the furnishing of all labor
and materials and performing the work
as provided for in the plnns 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
Total Structures, Inc, 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 con;factors bond the
City Treasurer ~s authorized and in-
s~ructed to return the bid deposits of the
unsuccessful bidders.
Passed. adopted, and approved this
7th day of July, 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~
hers Brady, Felderman. King, Pratt.
Nays-None.
(Awarding Contract)
RESOLUTION NO, 209-80
WHEREAS, sealed proposals have
been submitted by contractors for the
18th Street Fire Station remodelling
pursuant to Resolution No. 171-80 and
notice to bidders published in a newspa-
per published in said City on June 5.1980
and June 19. 1980; and
WHEREAS. said sealed proposals
were opened and read on June 26, 1980.
and it has been determined that the bid
of Uhlrich Electric Co. of Dubuque,
lows. in the amount of $17,707.00 was
the lowest, bid for the furnishing of all
labor and materials and performing the
work as provided for in the plans and
specifications:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the contract tot the above men-
Regular Session. July 7, 1980
tioned improvement be awarded
Uhlrich Electric Co. and the Manager be
and he is hereby directed to execute a
contract on behalf of the City of Dubn-
que for the complete performance of said
work.
BE IT FURTHER RESOLVED. that
upon the signing of said contract and the
approval o! the contractors bond the
City Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders~
Passed, adopted, and approved this
7th day of July, 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, Feiderman. King, Pratt.
Nays-None.
iAwardlng Contract)
RESOLUTION NO. 210.80
WHEREAS, sealed proposals have
been submitted by contractors for the
18th Street Fire Starter remodelling
pursuan~ to Resolution No. 171-80 and
notice to bidders published in a newspa-
per published in said City on June 5, 1980
and June 19, 1980: and
WHERe]AS, said sealed preposMs
were opened and read on June 26~ 1980.
and it has been determined that the bid
~f Swift Plumbing and Heating Co., Inc.
$45,843.00 was the lowest bid for the fur-
nishing of all labor and materials and
performing the work as provided for in
thc plans and specifications;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
That the contract for the above men-
tioned improvement be awarded to
Swift Plumbing and Heating Co., Inc.
and the Manager be and he is hereby di
the City of Dubuque for the complete
performance of said work.
BE IT FURTHER RESOLVED, thai
upon the signing of said contract and the
approval of the contractors bond the
City Treasurer be authorized and in-
structed to return the bid deposits of the
unsuccessful bidders.
Regular Session, July 7, 1980
Passed, adopted, and approved this
7th day of July, 1980,
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST: i
Mary A. Davis
City Clerk
Council Member King moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
tbllowing vote:
Yeas-Mayor Farre]l. Council Mem-
bets Brady, Felderman, King, Pratt.
Nays~None.
Proof of publication, certified to by
the publisher, of Notice of Bearing on
Pendency of Resohltlon of Necessity for
construction of the Dodge Street at
Devon Drive Traffic Signal Improve-
ments, presented and read.
No written objections were filed and
no oral objectors were present at the
time set for hearing.
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member
Pratt; Carried by the following vote:
Yeas,Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
(Neoessliy for Improvement)
RESOLUTION NO, 188-80
WIIEREAS, proposed plans, speeifi-
cations and form qf contract have been
.. dnly 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:
Iii Tha plan of such improvement
(2) An estimate of the cost of the ira~
provement for the construction of
the Dodge Street at Devon Drive
Traffic Signal hnprovements;
BE IT THEREFORE RESOLVED
that the City Council on its own motien,
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, and unless prop~r-
ty owners at the time of the final consid-
eration of this proposed resolution have
on file with the City Clerk, objections to
tho amount of the cost of the improve
mast, they shall be deemed to have
waiged all objections thereto.
Said improvmnent 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-
267
nent shall be paid fi'om Road Use Tax
Funds and State Funds.
The above resolution was introduced.
approved and ordered placed on file with
the City Clerk this 10th day of June,
1980.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council, this 7th day of July, 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 Farrefi, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
(Decision of Council upon objections
to plans, specifications, form of
contract and cost of improvements.)
RESOLUTION NO. 211.80
WBEREAS. proposed phtns and spe~
clfications and form of contract for ~he
construction of Dodge Street at Devon
Drive Traffic Signal Improvements
have been approved by the City Council
of the City of Dubuque and public notice
given as provided by Chapter 384 of the
Code of Iowa, i979, pertaining to public
contracts and bonds, and the time and
)lace fixed for the heal,lng of all objec-
tions to said plans, specifications or eon-
tract for or cost of such improvements,
said time being this 7th day of July, ~ 980;
and
WHEREAS, the City Council met iu
regular session this 7th day of July,
1980, at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the put
~ose of hearing allinterested parties and
considering any and all objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herebl described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have been
duly weighed and considered;
NOW TtIEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That all objections which have been
made and filed to the plans, specifica-
tions, contract for or cost of said
provement herein described and propos
268
Regular Session. July 7, 1980
ed to be made. be and the same hereby
overruled and such plans, specifications
and form of contract heretofore ap-
proved arc hereby adopted~
BE IT FURTHER RESOLVED that
this resolution containing the decision of
this Council upon all objections which
have been filed to the plans, specifica-
tions and form of cost said improvement
be made a matter of permanent record n
connection with said improvdment.' '
Passed. adopted, and approved this
7th day of July, 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.
(Ordering Construction)
RESOLUTION NO. 212-80
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU~
QUE, IOWA that pursuant to a resolu
tion of necessity No. 188-80 which was
duly passed by this Council for the
Dodge Street at Devon Drive Traffic
Signal Improvements.
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 work shall be constructed in accor-
dance with the plans and speciBcations
heretofore adopted and now on file in the
office of the City Clerk,
BE IT FURTftER RESOLVED that
the cost and expense of said improve-
ment be paid from the Road Use Tax
Fund and State Funds.
BE IT FURTHER RESOLVED that
this resolution being deemed urgent and
of IMMEDIATE NECESSITY shall be
in force and effect from and after its
passage and adoption by the City Coun-
cil.
Passed. adopted, and approved this
7th day of July, 1980.
Carolyn Farrel]
Mayor
James E. Brady
D. Michael King
John L, Felderman
Michael W. Prati
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 vo~e:
Yeas-Mayor Farrell, Council Mem~
hers Brady, Felderman. King. Pratt,
Na~s-None.
Proof of publication, certified to by
the Publisher of Notice to Contractors of
the Receipt of Proposals for construc-
tion of above project, presented and
read.
Council Member King moved that the
fp'oof of publication be received and
lied. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt
Nays-None.
Communication of City Manager re-
commending awarding of contract for
above project ~o Westphal and Com-
pany, presentea and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vo~e:
Yeas-Mayor Farre]l, Council Metn-
bers Brady, Felderman, King, Pratt.
Nays-None.
fAwarding Contract)
RESOLUTION NO. 213.60
WHEREAS. sealed proposals have
been submitted by contractors for the
construction of Dodge Street at Devon
Drive Traffic Signal Improvements pur-
suan~ ~o Resolution No. 189-80 and no-
rice to bidders published in a newspaper
published in said City on June 19. 1980:
WHEREAS. said sealed proposals
were opened and read on July 1. 1980.
and it has been determined that the bid
of Westphal and Company, Inc. of Dubu-
que, Iowa in the amount of $17,564.75
was the lowest bid for the furnishing of
all labor and materials and performing
the wm'k as provided for in the plans and
specifications;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUe. IOWA:
That the contract for the above men-
tioned ~mprovement be awarded ~o
Westphal & Company, Inc. subject to
the Iowa Department of Transportation
concurrence and the Manager be and he
is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of said works.
BE IT FURTHER RESOLVED. that
upon the signing of said contract and the
approval of the contractors bond the
. City Treasurer is authorized and iw
Regular Session, July 7, 1980
269
structed tor~turn the bid deposits of the
uosuccessfut bidders:
Passed, adopted, and approved this
7th day of J~fly, 1980.
Carolyn F~rrell
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 roe:
Yeas-Mayor FarreH, 'Council Mem-
bers Brady, Fe]derman, King, Pratt.
Nays-None.
Proof of publication, certified to by
tile Publisher, of Notice of Hearing on
Pendency of Resolution of Necessity for
construction of the Cooper Street Steps
IAghting, presented and read.
No written objections were filed and
no oral objectors were present at the
time of the hearing.
Council Member Felderman moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrefi. Council Mem-
bers Brady, Felderman. King, Prati.
Nays-None.
(Necessity for improvement)
RESOLUTION NO. 191.g0
, WHEREAS, proposed plans, specifi-
catiqn8, 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 ibllowing:
(1) The'plan of such improvement
(21 An estimate of the cost of the im-
provement for the construction of
the Cooper Street Steps Lighting
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, and unless proper-
ty owners at the time of the final eonsid.
eration of this proposed resolution have
on file with the City Clerk, objections to
the amount of the cost of the improve
merit, they shall be deemed to have
waived ail objections thereto.
Said improvement shall be construct-
ed alld donein accordance with the plans
and specifications which ha~e been
proved by the City Council and are now
on file with the City Clerk. That tl~e cost
and expense of making said nnprove
meut shall be paid from Community De
velopment Funds.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 16th day of June,
1980.
RECORD OF FINAL ADOPTION
The foregoing resolution was finatl~
passed and adopted, as proposed, by the
City Council this 7th day of July, 1980.
Carolyn Farrel]
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Me~nber Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Menl
bets Brady, Feldcrman, King, Pratt.
Nays-None.
Decision of Council upon objections
to plans, specifications, form of con.
tract and cost of improvements
RESOLUTION NO. 214-80
WtIEREAS. proposed plans and spe
eificatlons and form of contract for the
construction of the Cooper Street Steps
Lighting have been approved hy the Ci
ty Council of the City of Dubuque and
~ublie notice given as provided by
Chapter 384 of the Code of Iowa, 1979,
pertaining to public contracts and
bonds, and the timb and place fixed l'or
the hearing of all objections to said
plans, specifications or contract for or
cost of such improvements, said time i~e
lng this 7th day of July, 1980: ami
WHEREAS, the City Council met in
regular session this 7th day of July,
1980, at the Conned Chambers in th~
City Hall for the pm'pose of bearing
interested parties and considering any
and ali objections which have been fi[cd
to the proposed plans, specifications or
contract for or cost of the improvement
herein described and proposed lo be
made; and
WHERI;~AS, all interested parties
have been given an opportunity to by
heard and all objections which have been
duly weighed and considered;
NOW TttEREFORE BE IT RESOLV
ED BY TIlE CITY COUNCIL OF Tile
CITY OF DUBUQUE, IOWA:
That all objections which have been
made and filed to the plans, specifics
tions, contract for or cost of said im
~rovement herein described and propos-
ed to be made, be and the same herchy
270 Regular Session, July 7, 1.980
and form of contract heretofore approy-
ed are hereby adopted.
BE IT FDRTttER RESOLVEI) that
this resolution containing the decision of
this Council upon all objections which
have been filed to the plans, specifica-
tions and form of cost said improvement
connection with said improvement.
Passed, adopted, and approved this
7th day of July, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michae~ Kfilg
John L. Felderman
Michael W. Pratt
Council Members
ATq'EST:
Mary A. Davis
City Clerk
adoption of the Resolution, Seconded by
Council Member Pratt. Carried by thc
following
Yeas~Mayor Farrell, Council Mom
bors Brady, Felderman, King, Pratt,
Nays-None.
(Ordoring 3onstruction)
RESOLUTION NO. 215-80
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBII-
QUE tl~lat pt;rsuant to a Resolution of
Necessity No. ~91-80, Which was~duly
passed by this 0ouncfl for the construe-
tion of the Cooper Street Steps Lighting
be and the same are hereby ordered and
constructed by this Council upon its own
motion and with or without the petition
of property owners. All the work shall be
constructed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said improve-
meat be paid from Community Develop-
ment Funds.
BE IT FURTHER RESOI,VED that
this resolution being deemed urgent and
of immediate necessity shall be in force
and effect fi'om and after its passage and
adopt on )y the City Council.
Passed, 'adopted, and approved this
7th day of July, ~980.
Carolyn Fsi'cell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTES'r:
Mary A. Davis
City Clerk
Council Member Fclderman moves
adoption of thc Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays None.
Proof of publication, certified to by
he Publisher of Notice to Contractors of
the Receipt of Proposals for construe-
tbm of above project, presented and
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 Farrel/, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Commnnicalion of City Manager re-
commending awarding of contract for
above project to Eichman Electric Co.,
presented and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt. Carried hy the foSowing vote:
Yeas. Mayor Farrell, Council Mel~I-
bors Brady, l%lderman, King, Pratt,
Nays-None.
(Awarding Contract)
RESOLUTION NO. 216.80
WttEREAS, sealed proposals have
been submitted by contractors for the
construction of Cooper Steps Lighting
pursuant to Resolution No. 192-80 and
notice to bidders published in a newspa-
per published in said City on June i9,
1980; and
WHEREAS, said sealed proposals
were opened and read on July 1, 1980,
and ii. has been determined that the bid
of Eichman Electric, Inc. of Dubuque,
Iowa in the amount of $5,805,09 was the
lowest bid for the furnishing of all labor
and materials and performing the work
as provided for iu the plans and specifica-
tions;
NOW TItEREFORE BE IT RESOLV-
El) BY TIlE CITY COUNCIL OF THE
CITY OF DUBUQDE, IOWA:
Tha! the ~,ontract for the above men-
tioned improvement beawardedto Etch-
ma, Ebxiric, Inc. and the Manager be
ami he is hereby directed to execute a
contract on behalf of the City of Dubu-
que fox' the complete performance of said
worh.
Bi,] IT FURTHER RESOLVED, that
upon the signing of said contract and the
ai~proval of the contractors bond the
City Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders.
Regular Session, July 7~ 1980
271
Passed, adopted, and approved this
7th day of July, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Darts
City Clerl~
Coua(dl Meulber Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried bY the
following vote:
Yeas-Mayor F~trrelt; Council Mean..
bors Brady, Felderman, King, Pratt,
Nays-None;
Petition of Jim H. Houtz, President of
Cycare Systems, Inc. requesting the
City to approve an "Inducement Resolw
ties for Industrial Bonds" for the pur
pose to purchase addition computer
equipment, presented and read.
Council Member King moved that this
petition be referred to the meeting of
July 21. t980. Seconded by Council Mem
bar Felderman. Carried by t~e following
Yeas-Mayor Farrell, Council Mem-
bets Brady, Felderman, King, Pratt.
Nays-None.
~0h~mffhl~-a~t~'~f )~tt~rhey Quann,
on behalf of Rick Kreiman, relative to de-
nial to his client to obtain an R.N. degree
a~ N,I.T.I. by using trade work time, pre-
sented and read,
Council Member Brady moved that
the communication be referred to the
masting of August 4, 1980. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager re-
commending Mi', Kreiman's request for
trade time be denied, presented and
read.
Council Member Brady moved that
the communication he referred to the
meeting of August 4, 1980. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor FarreB, Council Mom-
bars Brady, Felderman, King, Pratt.
Nays-None.
Communication of Civil Defense Di-
rector requesting to address Council rel-
ative to e×ter~sion of current Mutual Aid
Agreement, presented and read,
Council Member Feldcrman moved
that the communication be received and
. filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrelt, Conrail Mem.
bors Brady, Feldermaa, King, Pratt.
Nays~None.
RESOLUTION NO. 211.80
In Support of the Dubuque County/
Municipal Mutual Aid Agreement.
WHEREAS, the City Council of Dn
buque, Iowa, re?ognized the need to pro-
¥ide for mutual aid and assistance be
tween Dubuque County, and the City of
Dubuque, Iowa, and between the City of
Dubuque, Iowa, and the other municipal
tries in Dubuque County, in the event of
natural disaster, enemy attack, civil dis~
turbance, of other emergency; and
WHEREAS, toward that end there
has been prepared a County/Municipal
Mutual Aid Agreement in accordance
with Chapters 29C and 28E of the Code
.of Iowa, 1979) as amerided, a copy of
which agreemhnt is attached hereto, and
WHEREAS, the State Office of Disas-
ter Servieds has recommended adoption
of this type of Agreement;
NOW THEREFORE BE IT RESOLV.
ED BY THE CITY COUNCIL OF TIlE
CITY OF DUBUQUE, IOWA:
That said Agreement is approved,
that the City of Dubuque, Iowa, wishes
to participate therein and that the
Mayor is authorized and directed to exe-
cute said Agreement on behalf of the
City of Dubuque, Iowa.
ADOPTED this 7th day of July, 1980.
Carolytl Farrell
Mayor
Mary A. Davis
City Clerk
Council Member Felderman moQed
adoption of thc Resolution. Seconded by
Council Member Pratt. Carried by the
Iollowing vote:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman, King, Pratt.
Nays-None.
Communication of Planning and Zen
lng submitting proposed zoning amend
meats establishing a C-7 Commercial
District, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Folder
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman, King, Pratt.
Nays~None.
AN ORDINANCE Amending the
Code of 0rdinanees by providing that
,he Code of Ordinanees, City of Dubu
que, Iowa be amended by revising Ap-
pendix A thereof, also known as the
"Zoning Ordinance and Zoning Map of
the City of Dubuque,Iowa" by enacting a
new section 101.L4.7 of Article I adding
C~7 Ceneral Service and Wholesale Cum
mereial District to the List of Commer
272
Regular Session, July 7, 1980
rial Districts established by the Ordi-
nance: and further, by enacting a new
section 4-122 of Article IV, creating the
Co7 General Service aud Wholesale Com-
mercial District, prescribing therein, a
General Statement of Intent, Principal
Permitted Uses, Accessory Usesl Condi-
tional Uses, Prohibited Uses, Schedule
of District Regulations, and District
Standards: and further, by repealing
certain provisions of Section 5-i04.4
Schedule of Off-street and loading space
requirements adopted and enacting new
provisions tbereot regarding parking
space requirements for wholesale sales
or storage facilities: and further, by
amending section 5-105,2 schedule of
comprehensive sign regulations adopted
to provide regulations for signs in the
C-7 General Service and Wholesale Com.
mere[al 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 ForteS, Council Mem-
bers Brady, Feldernmn, King, Pratt.
Nays-None.
Council Member Pratt ~noved that the
rule requiring an Ordinance to be recciw
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 Mere
bars Brady, Felderman~ King, Pratt.
Nays-None.
Council Member Pratt moved that a
Public Hearing be held on the Ordinance
on August 4, 1980 at 7:30 o'clock P.M. in
the Council Chamber at the City Hail
and that the City Clerk be instructed to
publish notice of the Hearing in the man-
ner requb'ed by law. Seconded by Coun-
cil Member Felderman. Carried by the
following vote:
Yeas Mayor Farrell, Council Mere
bars Brady, Felderman, King, Pratt.
Nays~None.
Communication of City Manager re~
commending George Connelly be grant-
ed an extension to November 1, 1980 to
repair structure at 1750 Miller Road
presented and read.
Council Member Brady moved that
the communication be received and flied
and the recommendation approved. Sec-
onded by Council Member Pratt. Car-
tied by the following vote:
Yeas. Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Corem un[cations of Iowa State Histor-
ical Dept., Dubuque County ttistorical
Society and Historical Preservation
mission supporting buildings
known as Blackaeres Property (located
at 42544[ and 445 N. Bluff St.) to be
declared of historical and architectural
significance, presented and read.
Council Member Pratt moved that the
communications be received and filed.
Seconded by Council Member Felder-
man. Carried by the lollowing vote:
Yea~-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
A RESOLUTION declaring proper-
ties known as Blackacre Property,locat-
ed at 425-441 and 445 N. Bluff Street to
be of historical and architectural signifi-
cance, presented and read.
Council Member Pratt moved that the
Resolution be set for Public ftearing on
July 21,1980. Seconded by Council Mem-
ber Felderman. Carried by the following
Yeas~Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt,
Nays-None.
Communication of City Manager sub-
mitring proposed Economic Services
Agreement between the City and the
Dubuque Area Chamber of Commerce,
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-
t~ers Felderman, King, Pratt.
Nays-Council Member Brady.
RESOLUTION NO, 218.80 '
WHEREAS, the City of Dubuque,
Iowa, has negotiated with the Dubuque
Area Chamber of Commerce to provide
purpose of aiding the City of Dubuque to
nity by encouraging private sector de-
velopment which produces jobs for the
unemployed and expands job opportuni-
WHEREAS, a copy of said Agree-
ment is hereto attached and by refer-
NOW THEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, iOWA:
~e~t]on 1. That the Agreement I~y
and between the City of Dubuque~ Iowa,
and the Dubuque Area Chamber of Cum-
metre be and the same is hereby approv-
Section 1. That the Mayor and the
City Clerk, be and they are hereby au-
and directed to execute said
Agreement for and on behalf of the City
of Dubuque, Iowa.
Regular Session, July 7, 1980
273
Passed. adopted, and approved this
7lrh day of July, i980.
Carolyn Farrel]
Mayor
D. Michael King
John L. Felderman
Michael W. Pratl
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt rnoved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried by
the following vo~e:
Yeas-Mayor Farrell. Council Mere
bars Felderman. King, Pratt.
Nays-Council Member Brady
Communication of City Manager re-
questing authorization to enter
agreement with Carl Walker and Assort
ares to conducl a structural evaluation of
the Locust Street Ramp, presented and
Council Member Pratt moved that ;he
communication be received and filed and
authorization approved. Seconded by
Council Member Felderman. Carried b~
the following vote:
Yeas-Mayor Farrell. Council Mere
bars Brady, Felderman. King. Pratt.
Nays-None.
Communication of City Manager re-
questing a Budget Amendment in
amount of $48,640.00 for certain Airport
Capital Improvements, presented and
read.
Council Member Prat~ toured that the
communication be received and filed an(]
amendment approved. Seconded by
Council Member Brady. Carried by the
fo]lowing vote:
Yeas-Mayor Farreil Council Mem-
bers Brady, Feiderman. King, Pral [,
Nays-None.
Communication of City Manager
commending denial of Carl Burbach et al
petition for sanitary sewer ex~cnsmn'
presented and read.
Council Member Brady moved to sus
pend the rules to let anyone present ad
dress the Council if they so desire. See
ended by Council Member Felderman.
Carried hy the following vo~e:
Yeas-Mayor Farrell. Council Mem
bars Brady, Felderman. King~ Pratt.
Nays-None.
Mr. Carl Burbach addressed the Coun-
cil and requested lhat the petition be re
ferred back to the City Manager for fur
tber information: Their public health
problem is with open ditch in area,
Council Member Brady moved thai
the communication be received and filed
and referred to the City Manager for an
ewers to questions regarding delicien
airs. benefits conferred, value of land.
health problems and alternatives. See
ended by Council Member Pra~. Car
tied by the following vo~e:
Yeas-Mayor Farrel]. Council Mere
tmrs Brady, Felderman. King, Pratt
Nays~None.
Communication of City Manager
for purchase of real es;a~e. Radford In
dustrial CenteL presented and read.
Council Member Felderman moved
filed. Seconded by Council Metal er
Pratt. Carried by the following vo~e:
Yeas-Mayor Farrell. Council Mcm
bars Fe]derman. King, Ih'att
Nays-Council Member Brady.
RESOLUTION 219.80
A Resolution Authorizing Acceptance
of au Agreement to Purchase Real
Estate for the Radford Industrial Cen~
WtIEREAS. the City of Duhuq~e,
pursuant to Grant Agreement No. B 79
MC49-0004. has been authorized by
includes among other things the acqms~
tion of certain rea] property Ior the de
ford Road: and
WHEREAS. in accordance with the
federal Uniform Relocation Assistance
and Real Property Acquisition and Rent
Property Acquisition Policies Act inde-
pendent appraisals and staff review o[
said appraisals o~ the real proper~y
hereinafter described have been pre-
pared by thc City of Dubuque: and
WttEREAS. the proposed acquisition
dorsed by the Community Development
Commission:
NOW THEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF TRE
CITY OF DUBUQUE, iOWA:
Section1 1. That the Citv Manager m~
and he is hereby authorized and directed
real estate, hereto at ~ached and Marked
Exhibit A. and to do any and all things
necessary and requisite, including Lhe
affixing in the City Seal to certain instr u-
men;s. ;o acquire fee simple title in
following described parcels m real es
tote, according to the Uniform Reloca
Acquisition Policies Act:
Owner: [,ETNA Properties. a Wis
County, Wisconsin,
Legal Description:
The Northeast Quarter: Northwest
Quarter of the Southeast Qtmrter;
Lot I of the Northeast Quarter of Lbe
Southeast Quarter: and Lot 3 of I,ol 1
274
of the Southwest Quarter of the
Southeast Quarter; all in Section 29.
in Township 89 North, Range 2 East
of the 5th P,M,, in Duhuqne County,
vey and the recm'ded plats of the re
spective subdivisions, except a par-
cel of approximately 28 acres located
on the Northwesl corner of the pro-
with approximately 1000 feet front-
age on Radford Road and approxi-
merely 1200 feet frontage on Penn-
BogUon 2. That it is hereby found and
determined that the appraisals and ap-
tent manner as required by the policies
and regulations of the Department of
Housing and Urban Development.
BorUon 3, That the acquisition price
and other considerations reflected in the
Agreement to Purchase Real Estate.
hereto attached as Exhibit A. are not
less than the fair market value of the
property as determined by the appra~s
Passed. adonted, and approved this
7th day of July, 1980.
Carolyn Farrell
Mayor
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
adoption of the Resolution. Seconded by
Council Member Felderman. Carried hy
Yeas-Mayor Farrell. Council Mem-
bers Felderman. King. Pratt.
Nays*Councll Member Brady.
Communication of City Manager re~
commending establishment of non-profit
corporation as co-sponsor of Radford In
dustrial Center, presented and read.
(Articles of Incorporation of Dubuque In
Future. Inc, attached)
Councl] Member Pratt moved that the
communication be received and filed and
establishment of Corporation to be
named DUBUQUE IN FUTURe. INC.
approved and further that Mr. Brady's
name be deleted from the Corporation
and Mr. Michael W. Pratt's name be sub-
stituted instead of. Seconded by Council
Member Felderman. Carried by the fei-
Yeas-Mayor Farrell. Council Mem-
bers Felderman, King Pratt.
Nays~Council Member Brady.
Communication of Transit Board sub-
mitting their Resolution suggesting con-
Regular Session, July 7, 1980
Iideration be given to allow city em-
loyees and Civil Service Employees the
pportun~ty to ride Keylino buses on
ornnd wnrk days I'~,~, DrOpout,ed in~d
t!ad,
Council Member Felderman moved
that the communication be referred ;o
the Transit Board for further clarifica-
tion re: Cost impact on City and why and
how single out City and Civil Service
Employees. Seconded by Council Mem-
ber Pratt. Carried by the following vo;e:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman. King, Pratt.
Nays~None.
AN ORDINANCE authorizing Strub
Construction tc construe; a canopy ar
Kopple's Market at 1098 University,
presented and ream
Council Member Feldcrman moved
that the Ordinance be referred ~o the
City Manager for recommendation. Sec-
ended by Council Member Pratt. Car-
ried by the following va;e:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman. King. Pratt.
Nays-None,
ORDINANCE NO. 50-80
AN ORDINANCE AMENDINQ ORDI-
NANCE NO. 72-79 PROVIDING THAT
A SIX MONTH EXTENSION OF TIME
BE GRANTED TO THE DEVELOPER,
H.R.W. ASSOCIATES, WITHIN
WHICH TO SUBMIT A FINAL DEVEL-
OPMENT PLAN FOR THE HEREIN-
AFTER DESCRIBED PROPERTY. said
Ordinance having been previously pre-
sensed and read at the meetings of June
2. ~980 and June 16. 1980. presented for
final adoption.
ORDINANCE NO. 50-80
ORDINANCE AMENDING ORDI-
NANCE NO. 72.79 OF THE CITY OF
DUBUQUE. IOWA
WHEREAS. the City of Dubuque,
Iowa has heretoJbre adopted Ordinance
No. 72-79 providing that the Code of Or-
dinances City of Dubuque, Iowa. be
amended bu revising Appendix A there-
of, also known as the "Zonin§ Ordinance
and Zoning Map of the City cf Dubuque,
Iowa, "by reclassifying propertn herein.
after described £rom "C-3 Arterial Busi-
ness Commercial District" to "C-6 Plan-
,~ed Commercial District'. and
WHEREAS. the property reclassi-
fied by Ordinaz~ce No. 72-79from "C-3
Arterial Busive ss Commercial Dis trier '
~o "C-6 Pla.n~ed Commercial District"
Th~ Westerl~ 230, O feet af Lot 1 o/
Lot 1 of Lot i afLot 3, the Westerly
230. O feet of Lot Y~. Lot 5. Lot I of Lot
6. Lot 2 cf Lot 6 and Lot 1 af Lot Z all
in Block 21A in "Keu Knolls Subdivi-
swn' and all of the right-of-way of
RegUlar Session, July 7, 1980
275
Kennedy Circle, all in the City of Du-
buque, Iowa;
c~nd
WHEREAS, the reclassification of
the above described property fi'om "C.3
A rteviaI Business Commercial District "
to "C-6 Planned Commercial District "is
a tentative reelassific.,ation subject to
the requirements of Section 4-110.11.3
af the Code of Ordina~we, Appendix A
thereaf, also known as the "Zoning Ordi~
~tnces and Zon!n,g Map of the City of
Dubuque, Iowa which provides ihat
the final adoption af said reclassification
is contingent upon th~ submisMon afa
FinaI Development Plan by the develop-
er within six (6/months of the efJhctive
dat~ of O~dlnance 72.79; and
WHP~'REAS, i~ accordance with the
provisions Of Section 4-110.11.3 of the
Code of Ordinances, Appendix A af the
City of Dubuque, Iowa, the developer
has r~quested an extension of time for a
period of six f6)' months within which to
submit a Final Development Plan; and
WHEREAS, the City Council,
good cause show~ has determined that
the developer should be granted an addi-
tional six f6) months within which to sub-
mit the Final Development Plan as re-
quired by Section 4-110.11.3 of the Code
of Ordinances, Appendix A thereof, the
City cf Dubuque,
NOW TH~*REFORE BE IT RE.
SOL VED BYTHE CITY CO UNCIL OF
THE CITY OF DUBU@UE, lO WA:
Section 1. That the request af the de-
veloper, H.R. W. Associates, fo~ a six
month extension of time within which to
submit a Final Development Plan
the ~bllowing described property,
wit:
The Westerly 230. Y feet af Lot I of
Lot 1 of Lot 1 of Lot Y, the Westerly
2$O. O feet af Lot 4, Lot 5, Lot 1 of Lot
6, Lot ~ af Lot 6and Lot 1 of Lot 7, all
in Block ~IA in "Kc y KnolLs Subdivi-
sion'' and all of the right-ofiway of
Kennedy Circle, all in the City af
Dubuque~ Iowa
is hereby approved.
Section 2. That Section 2 of Ordi-
nance No. ~2-79 of the City af Dubuque,
Ia wa be and the same is he re by amended
by providing that i he reclassiflcatio., af
the property described in Section 1
hereaf is contingent upon submission of
a Final Development Plan by the devel-
oper not later than December 3, 1980
and, further, that failure by the devel~
oper t° comply with such requirement
as herein set forth ~hall automatically
revert said property to its ]briner "C-3
ArteriaI Business Commercial District '
classification.
D. Michael King
,b~hn L. Felderman
Michael W. Pratt
PubliShed officially in the Telegraph
tt 7/15
Yeas-Council Members Felderman.
Nays-None.
Yeas-Mayor Farrell, Council Mere
MeGinnis d/b/a Bistro requesting trans
presented and read.
276
Regular Session, July 7, 1980
Yeas-Maym' Farrell, Coune{i Mem-
bers Brady, Felderman, King, Pratt~
Nays-None.
RESOLUTION NO, 220.80
BE IT RESOLVED, By the City of
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 Dui)u-
que, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City,
Andresen's United - 229 8th Ave.
John C. Andresen Pipe Inn - Kenne-
dy Mall.
Astgen's Foods Ltd. Oky Doky #11 --
1101 Rhomberg Ave.
William J. Baum- 500 Rhomberg
Ave.
Dale Bradley - 1091 Main St,
Leonard T. Burke -- 1445 Central
Ave.
Dubuque Sales & Service - 2612
Dodge St.
Dubuque Yacht Basin, Inc. - 1630 E.
16th St.
Fenelon's Market - 2528 Central
Ave.
Hy-Vee Food Stores, Inc. -- 3333 As-
bury Road.
Iowa Inn - 125 West 9th St,
The Magi Tavern - 1064 University
Ave,
Merchants Hotel - 304 Main St.
Morette "76" Service - 3198 Central
Ave.
Montgomery Ward & Co. - 555 John
F. Kennedy Rd.
Mr, Steak - 2660 Dodge St.
John W. Noonan - 1618 Central Ave.
Pusateri Peppe Pizza - 2400 Central
Ave.
Wayne Paul Schollmeyer - t70 Lo-
cust St.
Shot Tower Inn -- 4th and Locust
Streets,
South End Beer Store - 139Locust SL
Trausch Baking Co. -. 25 Main St.
Union Cigar Store - 336 Main St.
The Bistro - 951 Main St.
James J. Birkett -- 55 Locust St~
Creslanes, Inc. - 255 S. Main SL
Marc's Big Boy - Dubuque ~ 2600
Dodge St.
Gary Oberbroeckling - 1899 Rock~
dale Road.
Daniel and Thomas Smith - 2417
Rhombm'g Ave,
Passed, adopted, and approved this
7th day of July, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Mich~el King
~ John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adop-
tion of the Resolutiom Seconded by
CouneS Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
RESOLUTION NO. 221.~0
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bonds;
NOW THEEEF()RE 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
Dubuque Capital Company (Also Sun-
day Sales) - 1500 John F. Kennedy Kd.
DO II Dennis SIowey & Peter Oi4h
(AIs~ Sunday Sales) - 1895 Kennedy
Rd.
CLASS "C" BEER pERMIT
Dennis Albert Althaus (Also Sunday
Sales) - 25 Ruby St.
John George Miller, Sr. (Also Sunday
Sales) - Riverview Park.
Passed, adopted, and approved this
7th day of July, 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. 222-80
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be occu-
pied by such applicants were inspected
and found to comp y with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
Regular Session. July 7, 1980
NOW THEREFORE BE IT RESOLV-
ED BY THE ~ITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized ~o
cause to be issued to the following
named applicants a Liquor License.
CLASS "S' (MOTEL HOTEL)
SEER AND LIQUOR LICENSE
[Ioffman l-louse Restauran;s. Inc,
(Also Sunday Sales) - 3100 Dodge St.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
James J. Birkett -- 55 Locust St.
Parochetti Enterprises. Inc. -- 2600
Dodge St.
Fischer Bowling Lanes (Also Sunday
Snips) - 880 Locust St.
Thomas ~ Daniel Smith - 2417
Rhomberg Ave,
Creslanes Bowling, Inc. ~Also Sunday
Sales} - 255 S. Main St.
Passed~ adopted, and approved this
7th day of July, 1980,
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L, Felderman
Michael W, PraU
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King moves adop-
tion of the Resolution. Seconded ay
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrel] Council Mem-
bers Brady, Felderman. King Pratt.
Nays-None.
MINUTES SUBMITTED ~- Airport
Commission of 6-17: Dock Commission of
5-29, 6-4: Five Flags Commission of 6-17:
Historic Preservation Commission of
6.12; Human Eights Commission of 5-14:
Planning and Zoning oi6-5.6-11 and 6-18:
Playground and Recreation Commission
of 6-9: Transit Board of 6-12. 5-8.6..13 and
the Earnings Statement fur April and
May; Housing Commission of 6d7: Park
Board of 6-13, presented and read.
Council Member King moved that the
minutes be received and filed, Seconded
by Council Member Felderman. Carried
by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Communication of City Manager sun-
mitring monthly repor;s o~ ~he Ciy
Treasurer and Finance Director. and Iisi
of claims of Month of May, 1980, present
ed and read.
Council Member E ag moved that the
communication be r, ceived and filed.
Seconded by Counci Member Felder
man. Carried by the Iollowing vote:
277
Yeas~Mayor Farrell. Couucil Mere
hers Brady, Felderman. King, Pratt
Nays-None.
Proof of publication, certified ;o ~y
the Publlsher. of List of Receip;s and Ex
penditures for month of May, 1980, pre
sented and read.
Council Member King moved that th(,
proof of publication be received and
filed. Seconded by Council Member Fel~
derman. Carried by the following vote:
Yeas-Mayor Farrell. Council Mcm
bets Brady, [%lderman. King, Pratt.
Nays-None.
Petition of K of C requesting to solicit
funds in their Tootsie Roll Candy Drive
from August 22~ to Au~;, 24. for the men-
tally handicapped, presented and read.
Council Member King moved that the
petition be referred to the City Manager
for implementation. Seconded by Coum
cil Member Felderman. Carried by the
following ye;e:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
REFUNDS REQUESTED -- Resur-
rection Men's Service Cblb $225.00 on
tme×pired beer permit, discontinncd
business on June 23.1980: Gerald Kirch-
berg, $422.50 on unexpired IAquor Li-
cense, discontinued business on May 31
1980: Kay-Way, Inc.. $1§0.00 on unex-
pired Class "C" Beer Permit. discontinu.
ed business on June 28. 1960. presented
and read,
Council Meinber King moved thai the
requests be approved and City Auditor
directed to issue proper warran;s. Sec
ended by Council Memi)er Felderman.
Carried by the following ye;e:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Fclderman. King, Pratt.
Nays-None.
NOTICES OF CLAIMS - Kenneth
1. Moore in amount of $50.000 for as
sault, assault affd battery false arrest.
false imprisonment and malicious prose.
cution on May 11, 1980; Notice of Suit
from Maynard J. Johannsen fer moped
damages done on July 'L 1978 on 32nd
Street in amount of $20,000: Notice i¥om
Civil Aeronautics Board of an applica-
tion from Mississippi Valley airlines re
0uesting exemption for the 60- and
90-day notice requirements of suspen-
sion of ali service at Des Moines, hi.:
Notice' of Teleprompter Corp. re0ues;-
ing that petition for special relief filed b.
KDUB-TV Inc. be denied reques;,ing
continued network non-duplication pro-
;err,Ion against s~gnificantly viewed sig
ual; Notice of Claim of Terry Barnhart
in est. amount of $860.00. for personal in
juries, presented and read.
Coonc Member King moved that the
claims, suits and notices be relerred to
278
Regular Session, July 7, 1980
the Corporation Counsel for investiga-
tion & report. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communications of Corporation
Counsel recommending denial et person-
al injury claim of Robert Greiner, denial
of motorcycle damages claim of Thomas
J. Sanders, denial of personal injury
claim of Randy J. Winders, presented
and read.
Council Member King moved that the
communications be received and filed
and denials approved. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas~Mayor FarrelL Council Mem~
bets Brady, Feldermam King. Pratt.
Nays-None.
Communication of Corporation Coun~
scl recommending settlement of car
damage claim of Kenneth Capesius in
amount of $30.85, presented and read.
Council Member King moved that the
communication be received and filed and
settlement approved. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
Communication of City Manager re-
questing Mayor be authorized to sign
agreement with the State Dept. of
Health to provide Home Health Services
to the elderly and Homemaker Home
Aid Services within the community, pre-
sented and read.
Council Member King moved that the
communication be received and filed and
authorization approved. 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-
mitring Resolution authorizing request
for release of funds fur"Operation Paint-
brush," a free exterior paint program for
eligible homeowners, presented and
read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King. Pratt,
Nays-None.
RESOLUTION NO, 223.80
Authorizing Submission of a Request
for Release of Funds for a Certain
Community Development Block Grant
Project.
WHEREAS, the City of Dubuque, in
conformance with the Environmental
Review Procedures Ior the Community
Development Block Grant Program,
completed an Environmental Assess-
meet of the following identiBed pro-
posals (projects) with Community Deveb
opment Block Grant funds; and
"Operation Paintbrush" -- a free
terior pain~ program for eligible home-
WHEREAS, pursuant to Resolution
No. 201-80, adopted June 16,1980, Public
Notice of a"Finding of No Significant El-
ect on the Environment" for the propo
scl (project) was published June 17,1980,
in the Dubuque Telegraph Herald, a
newspaper of general circulation, and
~rovided for a public comment period
until 12:00 noon, Monday, July 7, 1980;
and
WHEREAS, Public Notice of a "Find-
ing of No Significant Effect on the Envi-
ronment'' for the proposal (project) was
sent by regular mail to various federal,
state, and local public agencies and to
the local news media, individuals and
groups known to be interested and be~
lieved to be appropriate to receive such a
Public Notice; and
WHEREAS, any and all objections, if
any,to such proposal have been duly con
sidered; and
WHEREAS.it is the intent of the City
Council to authorize the submission of a
request to the U,S. Department of Hous
lng and Urban Development for the re-
lease of funds under the said Act to carry
out the above identified project;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Environmental
Review Record for the proposal (project)
shall continue to remain on file in the Of-
fire of the City Clerk. where said recto'ds
may be examined and copied by any in-
terested party.
Ssetion 2, That the Mayor of the City
of Dubuque is hereby authorized and di-
rected to sub,nit to the U.S. Department
of Housing and Urban Development on
July 14, 1980, a request for release of
funds to undertake the said project.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a respon-
sible federal official under the National
Environmental Protection Act, insofar
as the provisions of the said Act apply to
the U.S. Department of Housing and Ur-
ban Development's responsibilities for
review, decision making, and action as-
sumed and carried out by the City of
Dubuque as to environmental issues.
S®cflon 4. That the Mayor of the City
of Dubuque is hereby authorized to con-
Regular Session, July 7. 1980
sen[ personally, in her official capacity
and on behalf of the City of Dubuque,' to
aecepl the jurisdiction of the federal
courts, if an action is brought to enforce
responsibilities in relation to envirou~
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 pertaining to the environmental re-
vmw procedures,
Section 6. That the City Clerk be and
she is hereby authorized and directed to
publish a public notice for a Request of
Release of Funds and Certificatbm in the
form of Exhibit "A" attached hereto and
madea part hereof.
Passed; adopted, and approved this
7th da'/of July. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pra[;
Council Members
ATTEST:
Mary A. Davis
City Clerk
PUBLIC NOTICE
view Procedures for the Corem unity
vmopment Block ~rant Program, the
City of Dubuque intends to file a reque~;
on July 14, 1980. for release of Block
Grant fuuds for the following proposal
"Operation Paintbrush" - a free exte
mot paint program for eligible homeown-
The City of Dubuque has made an Ea.
virdnmenta} Review Record tbr the pro-
ject 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 a.m. and 5:00 p.m.. Monday through
Friday until 5:00 p.m.. on the 7th day of
July, 1980.
The name of the applicant is the City
of Dubuque, Iowa. and the Chief Execu-
Live Officer of the applicant is Mayor
Carolyn Farrelt BVM. Thc maifing ad.
dress for both the app]ieant~ and thc
Chief Executive Officer is City Hall.
13t}~ ami Central Avenue. Dubuque,
Iowa. 52001.
The City of Dubuque will undertake
the project described above with Block
Grant funds from the U.S. Department
of Housing and Urban Developmen~
(HUDL under Title I of the Housing and
Community Development Act of 1974.
The City of Dubuque ,s certifying to
HUD that the City of Dubuque and Carp-
279
lyn Farrell, BVM. in her official capacity
tion of federal courts, if an action is
brought to enforce responsibilities in re
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 fumls and HUI)
will have satisfied its responMbifities
under the National Environmental Pol-
icy Act of 1969. HUD will accept an ob-
ection to its approval of the release of
funds and acceptance of the certifica-
tion, only if it is on one of the following
bases: (al That the certification was not
in fact executed by the Chief Executive
Officer or other officer of applican; ap-
proved by HUD: or (b) That applicant's
project indicates omission of a required
decision, finding, or s;ep applicable ;o
the project in the environmental review
and submitted in accordance witb the
quired procedure (24 cfr. Part 581. ann
may be addressed to HUD at the Omaha
Area Office. 7100 West Center goad.
Omaha. Nebraska. 68106. 0bjecuons to
the release of funds on based other than
those stated above will not be consider-
ed by HUD. No objection received after
the 31st of Jtdy. 1980. will be considered
by HUD.
City of Dubuque until 12:00 noon. Fri
day, Ju]y 81. 1980. addressed to Carotvr
Farrell. BVM. Mayor of the City of Du
buque, City Hall. 13th and Central Ave-
nue. Dubuque. Iowa, 52(101.
Dated and published July 8th. 1980
Mary A. Daws
City Clerk
Council Member King moved adop
Lion of the Resolution. Seconded by
Council Member FeMcrman. Carried b~
the following ~o[e:
Yeas-Mayor Farrelh Council Mom
bers Brady, Felderman. King, Pratt..
Nays-None.
Communication of City Manager sub-
mittiug Resolution authorizing Mayor to
tract w~th the U.S, Dept, of IIUD which
eonsofidates all previous Section 8 Exist-
ing Housing Program Projects witi~ the
and read.
Council Member King moved that tho
Seconded by Council Member Felder
man. Carried b> tile following VOLt!:
Yeas-Maym' i,'arrell Council Mem-
bers Brady. Felderman. King. Pratt.
Nays-None.
280
Regular Session, July 7~ 1980
RESOLUTION NO. 224-8fi
Resolution Authorizing Execution et
Annual Contributions Contract.
WHEREAS, the City of Dubuque,
Iowa, (herein called the "Local Author-
ity ') proposes to enter into a revised con-
tract (berein called the "Annual Contri-
butions Contract") with the United
States of America (herein ca[led the
"Government") with respect to any
"Projects" as defined in the Annual Cow
tributions Contract and which at any
time now or hereafter is incorporated
under the terms of such Contract.
BE IT RESOLVED BY THE LOCAL
AUTHORITY, as follows:
Section 1; The Annual Contributions
Contract in eubstantially the form of
contract hereto attached and marked
"Exhibit A" is bereby approved and ac-
cepted both as to form and substance
and the Chairman or Vice Chairman is
hereby authorized and directed to exei
cute said contract in two copies on bebal
of tbe Local Authority, and the Seere-
ta:,y is hereby authorized ~nd directed
to impress and attest the official seal of
the Local Authority on each such coun-
terpart and to forward said executed
cotlnterparts, or any of tbem, to the Gov-
ernment together with such other docu-
ments evidencing the approval and au-
thorizing the execution thereof as may
be required by the Government.
Section 2. When6ve~; the following
terms, or any of them, are used in this
Resolution, the same, mdess the context
shall indicate another or different mean-
ing or intent, shall be construed, and are
intended to have meanings as follows:
[1) The term "Resolution" shall mean
this Resolution.
(2) All other terms used in this Reso-
lution and which are defined in the
Annual Contributions Contract
shall have the respective mean-
ings ascribed thereto in the Annu-
al Contributions Contract.
Section 3. This Resolution shall take
effect immediately, this seventh day of
July, 1980.
Carolyn Farrel]
Mayor
James E. Brady
D~ Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adop-
tion of the Resulution. Seconded by
Council Member Feiderman. Carried by
the following vote:
Yeas-Mayor Farre]l, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager sub-
mitting Resolution authorizing publica
tion InvironmentM Assessment Re-
view Finding for 4th Street Peninsula
Storm Sewer Drainage Project, present~
ed 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, Pratt.
Nays-None.
RESOLUTION NO. 225-80
Authorizing Publication ot Notice of
Environmental Review Findings for
Certain Community Developmeut
Block Grant Projects.
WHEREAS, the City Of D~buque bas
entered into Gran~ Agreement B~79:I~I C-
19-0004, with the U.S. Department of
Housing and Urban Development, pro-
riding for financialassistance to the City
under Title I of the Housing and Commu-
nity Development Act of 1974; abd
~HEREAS, 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-
naRer to be described to be financed
with Community I)evelopment Block
Grant Funds; and
WHEREAS, after due consideratiol~,
a determination has been made that the
,r federal action sig-
nificantly affecting the quality of the ha-
, environment;
NOW THEREFORE BE IT RESOLV-
El) BY THE CITY COUNCIL OF THE
CiTY OF DUBUQUE, IOWA:
~ectioe 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No Signifi-
cant Effect on the Environment for the
following identified project, and to make
;he Environmental Review Record for
said project available for public inspec-
tion. Such notice shall be in the foi'm of
~Ixhibit "A" attached hereto and made a
part hereof.
"4th Street Peninsula Storm Drain
Project".
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of July 7, ] 980,
authorizing the submission of a request
to the U.S. Department of Housingand
Urban Development, to undertake the
,reject.
Regular Session, July 7, 1980
281
Passed, adopted, and approved this
7th day of July, t980.
Carolyn FarreH
Mayor
James E. Brady
D. Michael King
John L. Felderman
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Exhibit "A"
PUBLIC NOTICE
Pursuant to the environmental proce-
dures for the Community Development
Block Grant Program, the City of Dubu-
qae has prepared a Notice of Finding pi
No Significant Effect on the Environ
meet for the project identified as follows
to be undertaken under Title I of the
Hdusing and Community Development
Act of 1974,
"4th Street Peninsula S~orm [)rain
Project".
The City of Dubuque has found that
this project has no significant effect on
the environment based on the following
facts and reasons:
l, Assessment of tbe nature, magni-
rude, and duration of any adverse
and positive impacts;
2. Consideration of alternatives to
the project, commitment of re
sources, known views of local
stitatod to lessen potential ad-
verse impacts and to ephance.the
4. No irreversible development
avoided; and
6. No impacts on properties posses-
sing histork:al archaeological, ar-
chitectural or cultural signifi
The City of Dubuque has made an En
virohmental Review Record for this pro
ject~ and has placed this record on file in
the office of the City Clerk in City Hall,
13th and Central Streets, Dubuque,
Iowa, This Environmental Record is
available for examination and may be
copied between 8:00 A.M. and 5:00 P.M.,
daily except Satt~rdays, Sundays, and
holidays.
No ~urther Environmental Review is
proposed to be conducted, and the City
of Dubuque intends to request the C.S.
Dopartmeat of Housing and Urban De-
velopment to release funds authorized
by the Housing and Commanity Devel
opment Act of 1974 for the project.
Comments may be submitted lo the
City of Dubuque until 12:00 Noon, Men
day, July 25, 1980, addressed to thc
Mayor of the City of Dubuque, City HaU,
13th and Central Streets, Dubuque,
Iowa, 52001.
Dated and Published July 8, 1980.
Mary A. [)avis
City Clerk
Council Member King moved adop-
tion of the Resolution. Seconded by
Council Member Fclderman, Carried by
the following vote:
Yeas.Mayor Farrell, Council Mcm
bors Brady, Fehierman, King. Pratt.
Nays-None.
Communication of City Manager re
commending approval of contract be
tween Five Flags Center and Mississip
pi Valley Hockey, Ine,. presented and
Council Member King moved tlmt I he
contract approved, Seconded by Council
Member Felderman. Carried by tim hd
lowing vote:
bors Brady~ Felderman, King, Pratt.
Communication of City Manager re
tween Five Flags Center and Five Flag~
Theater Company, presented and read
Council Member King moved that the
roman unication be received and filed and
contract approved. Seconded by Council
Member Felderman. Carried by the
lowing vote;
Yeas-Mayor Farrell, Council Mom
bors Brady, Fclderman, King, Pratt
Nays-None.
Petition of I)AV Auxiliary requesting
August 1 and 2. presented and read.
Council Member King moved that thc
~etition be referrdd to the City Manager
for implementation. Seconded by Court
ell Member Felderman. Carried by the
following vote:
Yeas-Mayor I%rrcll, Council Mom
bors Brady, Felderman, King, Pratt.
Nays-None.
Petition of Don D. Jtulk of 901 Tressa
Disney Street, presented and read,
Council Member King moved that
mtition be referred to the City Manager
and staff for implementation. Seconded
by Council Member Feldermaa. Carried
by the following vote:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman, King, Pratt.
Nays-None.
Proof of publication of Notice of Find
lng of No Significant l~ffect on the Envi
ronment for the Pr0jeets identified:
moral of Architectural Barriers (18th
282
Regular Session, July 7, 1980
Street Fire Station. St. Mary's Street
Drainage Project. Tri-State Indepen-
dent Blind Society Energy Conservation
Projeclo published 6-3-80, presented and
read~
Council Member King moved that the
proof of publication be received ann
filed~ Seconded by Council Member Pet
derman. Carried by thc following vote:
Yeas-Mayor Farreli, Council Mem-
bers Brady, Felderman. King, Pratt,
Nays~None,
Communication of City Clerk advising
of costs incurred for Special Election
held on June 3. 1980 in amoun~ et
$3,598.00, presented and read.
Coundl Member King moved that the
cnmmnnication be received ~nd filed.
Seconded by Council Member Folder-
man. Carried by the following vote:
Yeas-Mayor Farrell. Council Mom
bors Brady, Felderman. King, Pratt.
Nays~None.
Communication of Iowa DOT advisin~
of receipt of Resolution selecting a pre
ing the Locust Street Freeway - West
Alternate, presented and read.
Council Member King moved that thc
communication he received and filed.
Seconded by Council Member Folder
mare Carried by the following vo~c:
Yeas~Mayor Farreli. Council Mom
bors Brady, FeMermam King, Pratt.
Nays-None.
Communication of Planning and Zon-
ing submitting amendment to Zoning
Ordinances, presented and read.
Council Member King moved that the
commmdcation be received and filed.
Seconded by Council Member Folder-
man. Carried by the following vole:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman, King, Prati
Nays-None,
Communication of City Manager sub
mitring information on bandicappea
stalls ia private parking lots, presented
and read,
Council Momber King moved that tilt
communication be received and filed.
Seconded b~ Council Member Folder
man. Carried by the following ye;c:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman. King, Pratt.
Nays-None.
There being no further business,
Council Member Pratt moved Lo ad
journ. Seconded by Cnuncil Member Fvl-
derman. Carried by the following ye;e:
Yeas-Mover Farrell, Council Mom
bors Brady, Felderman, King, Pratt.
Nays-None.
Mary A, Davis
City Clerk
Approved ...................... 1980
Adopted ...................... 1980
Council Members
Al iE~ 1:
City Clerk
Special Session, July 21, 1980
CiTY COUNCIL
OFFICIAL
Speolel Session, July 21, 1980.
Council met at 7:30 P.M. (C.S.T.)
Present. Mayor Farrell, Council
Members Brady, Felderman, King.
City Manager W. Kenneth Gearhart.
Absent. Council Member Prntt.
Mayor Farrell read the call and stated
that service thereof had been duly made
and this meetingis called for the purpose
of adopting Resolutions au£horizing the
execution of a memorandum of agree-
ment with Cycare Systems, Inc. and fix~
lng a date of Hearing on proposed Indus*
trial Development Revenue Bonds in the
amount df $3,000,000.00 and acting upon
such 'other business as may properly
coine before the Council,
Invocation was given by Rev. Bob Ho-
gan of Holy Ghost Church.
Proof of publii~ation, certified to by
the Publisher, of Notice of Public Hear-
lng to rezone "Lot l of Inland Molasses
Place," said property located on Julien
Dubuque Drive Extension, from AG
Agricultural District Classification to
tf-I Heavy II~dustria] Classification, pre-
serited and read.
There were no written 0bjectiohs
filed at the time set for the Hearing.
Council Member Feiderman moved
that the proof of publication be received
and filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Farrefi, Council Mem-
bers Brady, Felderman, King.
Nays-None;
Absent-Council Member Pratt.
Communication of P & Z submittlag
recommendation as to rezoning of above
property, recommending that rezoning
to H-I Heavy Industrial be done ~o that
portion of the property wbicb will ac-
commodate the existing plant and the
proposed expansion only.
Council~Member Felderman moved
that the communication be received and
filed~ Seconded by Conncil Member
Brady. Carried by the following vote:
Yeas-Mayor Farrell, Council Mom
bors Brady, Felderman, King.
Nays-None.
Absent Council Member Pratt.
Council Member Felderman moved to
deny the request to rezone said property
from AG AgricuRural District to H-I
Heavy Industrial. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas-Mayor FarreS, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Cotincil Member King inbred tu sus
283
pond the rulc~ to let anyone present ad
dress the Council if they so desire, Sec
ended by Council Member Felderman.
Carried by the following vote:
Yeas-Mayor FarreS, CoumdI Mom
bors Brady, Felderman, King.
Nays~None.
Absent-Council Member Pratt.
Dave Hartig of 1255 Southern ad
dressed the Council requested three
steps regarding limitations in the
zoning of said property: l)limit rezoning
to 5000 sq. feet; 2) expanslon to house
back-up equipment only; and 3) amend
Industrial District zoning to include an
Odor Ordinance.
Jim Nosier, Dennis Rajtora, Tom Nos
let, and James Rcnier addressed the
Council and stated that odor is very
strong at times and expressed fear that
by expansion of the plant this might gel
Michael Miller, Chtre Sehroeder and
Pete Darby all spoke concerning the foul
smells emanating from t he hdand Meias
scs firm and stated they were basically
not against expansion, but felt there
should be some relief from the odor proh
lems and some odor control initiated.
Attorney Al Hughes, representing In
land Mohtsses, presented a series .I
statements which set out the zoning his
tory of the land, stressing that it was nr
iginally zoned Ileavy Industrial in I908.
mistakenly rezoned, without notice to
the owner, as Agricultural, and suhstan
tinted the probable error by slatemcnts
of P & Z Commissioners at that time.
set out in 1975 its Agricultural in the
e0mprehensive zoning maps published
at that period of time. He stressed the
issue at this time is to correct the zoning
mistake, not to be further restrictive.
which might well prohihlt the plant h'om
any further expansion, and thus lose vel
uabl~ jobs.
Mr. Itughes also stated that thc new
equipmont within the new expansion
would help ctlrb the odor problenl.
Discussion ensued by members of
Cotmeil which cited the severity uf
odor problem but realizing that if any
odor controls were initiated, it wouhl
mean enforcement; also stressed that
firms already with job problems might
well have problems adtl,ering lo stricter
od)r ontrols Mayor Farreiistressed
that there are two issues at hand. l) per
mission to expand the Inland Molasses
Plant and 2) impact on thc south end of
town.
AN ORDINANCE Of the City of Du
buque. Iowa providing that the Code of
Ordinances, City Of Dubuque, luwa, lie
amended by revising Appendix A there
of, also known as the "Zoning Ordinance
and Zonitlg Map or,he City of l)llbuque,
284
Iowa" by reclassifying Lot 1 of Inland
Molasses Place in the City of Dubuque,
Iowa located on Julien Dubuque Drive
Extension from AG Agricultural Dis-
triet Classification to H-I Heavy Indus-
trial classification, said Ordinance hav-
ing been previous presented and read at
the Council Meeting of June 16, 1980,
presented for final adoption.
Council Member Brady moved final
adoption of tbs Ordinance, with the addi-
tion of a Section 3, which would address
the issue of odor control.
MOTION DIED FOR LACK UP A
SECOND.
Council Member Felderman moved
that they rezone that portion of Lot I of
Inland Molasses Place that will accom
module the existing plant and proposed
expansion only, and with the stipulation
the new equipme.nt grant relief from fur
ther odors.
MOTION DIED FOR LACK OF A
SECOND.
Council Member King moved that the
Ordinance be referred back to the Legal
Staff, the P & Z staff, and City staff for
clarification of legal description, and to
include a memorandum of possible solu
lion(s) to odor problem and referred to a
Council Meeting to be held on July ,'40.
1980 at 4:45 P,M, Seconded by Council
Member Felderman. Carried by the for
lowing vote:
Yeas-Mayor Farrell, Council Mom
hers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Proof of publication, certified ~o oy
;he Publisher of Notice of Public Hear-
,ne to declare properties known as
425-441 mid 445 Bluff St. as architectur~
ally significant pursuant to the require-
merits of Ordinance No]'8~-75, presented
and read,
No written objec;ions were filed and
no oral objectors were present in the
Council Chambers a~ the time set for the
Rearing.
Council Member Felderman moved
that the proof of publication be received
and filed. Seconded by Council Member
Bra(ly. Carried by thc following vote:
Ye~s-Mayor FarrelL Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
RESOLUTION NO. 226-80
A Resolution Designating as Architec.
rurally Significant the Properties
Hereinafter Described- Pursuant to
the Requirements o! Ordinance No.
32-75.
WHEREAS, the City Council has
heretofore passed, adopted and approv-
ed an ordinanc~ permitting s;ructures
Special Session, July 21, 1980
with historical or architectural signifi
canes to be used for certain lowdntensity
WHERI~AS, the City Council has re
ccived a request to designate the strut-
after described as being architecturally
or historically significant for the purpos-
es of Ordinance No. 32-75; and
WHEREAS, the City Council has
eeived and reviewed the comments of
the State Ristoric Preservation Officer,
the Dubuque tlistoric Preservation
Commission and the Dubuque County
Historical Society regarding the histori-
cal and architectm'al significant of said
WHEREAS, the City Council has held
a public hearing for the purpose of hear-
ing all interested parties and considered
all objections to the proposed designs
lion; and
WHEREAS, all interested parties
have been given the opportunity to be
heard.
NOW THEREFORE BE IT RESOLV~
ED BY THE CITY COUNCIl, OF THE
CITY OF DUBUQUE, IOWA:
Section 1, That the structures locat-
ed on the real estate hereinafter de-
scribed be and the same are hereby
ed as follows:
The Nortberly 21 ft. 4 in. of Lot 612
and the Southerly 48 ft, 4 in. of Lot
613. in the City of Dubuque. iowa, ac-
cording £o the United States Com-
mtssioner's Map of thc Town o~ Du-
buque. Iowa,
These properues are locally known
as 425d41 and 445 Bluff Street.
Sec!ion 2. That the passage and adop-
non of this Resomtion is in conjunction
with and in accordance with Ordinance
No. 82-75.
Passed, adopted, and approved this
21st day of July, 1980,
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Council Members
ATTEST:
Mary A. Darn
City Clerk
Council M,.mber Felderman morea
adopnon of the Resolution. Seconded by
Council Memfier Brady. Carried by
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman. King.
Nays~None.
Absent-Council Member Pratt.
Petition of Jim Houtz, Pres. of CyCarc
Special Session, July 2I, 1980
285
Resolution for Industrial Bonds" in
amount of $3,000,000.00, presented and
read.
Council Membm' Felderman moved
that the petition be received and filed.
Seconded by Council Member King. Car
tied by the following vote:
Yeas-Mayor Farrefl, Council Mem
bets Brady, Felderman, King.
Nays-None.
Absent-Council Mmnber Pratt.
RESOLUTION NO. 227-80
A Resolution Authorizing the Execu.
tio~ of a Memorandum of Agreement
with CyCare Systems, Inc.
WHEREAS, the City of Dubuque,
Iqwa, in tbs County of Dubuque, State of
]iowa (the hi, Suer") i~ an incorporated
municipality au thorized and empowered
by the previsions of Chapter 419 of the
Code of Iowa, 1979~ as amended (the
"Act") to issue revenue bonds for the
purpose of financing the cost of acguir-
lng, by construction or purchase, hind,
buildings, improvements and equip
meet, or any interest therein, sufi, able
for the use of any industry or industries
for the manufacturblg, processing or as-
sembling of any agricultural or manufac-
tured products or of any commercial en-
terprise engaged in storing, warehous
lng or distributing products of agricul-
ture, mining or industry, or of a national,
regional or divisional headquarters fasii.
ity of a company that does multistate
business; and
,WHEREAS, the Issuer has been re
quested by CyCare Systems~ Inc. (the
"Company") to issue its revenue bonds
pursuant to the Act for the purpose of fi-
nancing the acquisition by construction
or purchase of equipment and improve
meets suitable for the use as the Com-
pafiy's natiobal, regional or divisional
headquarters facility (the "Project"), 1o
cared within the Issuer; and
WHEREAS, a Memorandum of
Agreement in the form and with the con-
tents set forth in Exhibit A attached
hereto, has been presented to the Issuer
under the t~rms of which the Issuer
agrees, subject to the provisions of such
cessary under the Act to issue its revn ue
bonds'for such purpose;
NOW THEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section t~ The Memorandum of
Agreement in the form and with the con-
tents set forth in Exhibit A attached
hereto be and the same is hereby approv
ed and the Mayor is hereby authorized to
execute said Memorandum of Agree~
meet and ~he Clerk is hereby authorized
to attest the same and to affix the seal of
the lssqer thereto, said Memorandum of
Agreement which consLituics and is
hereby made a part of this Resolution to
be iu substantially the form, text and
containing the provisions set forth in Ex
hibit A attached hereto.
Section 2. Officials of the Issuer are
hereby authorized to take such further
action as may be necessary to carry out
the intent and purpose of the Memoran
dura of Agreement.
Section 3. That all resolutions and
parts thereof in conflict herewith are
hereby repealed to the extent of such
conflict.
Passed, adopted, and approved this
21st day of July, 1980.
Carolyn Farrell
Mayor
ATTEST:
Mary A. Davis
(Aty Ch
Council Member Fe~derl, nan movl,d
adopCon of the Resohttion. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor ParrclL Council Mere
bets Brady, Felderman, King,
Nays-None.
Absent-Council Member Pratt.
RESOLUTION NO. 228-80
Resolution Fixing a Dele for Hearing
on Proposed Industrial Development
Revenue Bonds, Series 1980 (CyCare
Systems, Inc. Project),
WIIEREAS, the City of Dubuque, in
the County of Dubuque, State of Iowa
(the"Isseer"), is an incorporated munici
pality authorized and empowered by the
provisions of Chapter 419 of the Cuds el
Iowa, 1979, as amended (the "Act") to is
sue revenue bonds for the purpose of Ii
nancing the cost of acquiring, by con
struction or purchase, land, buildings,
improvements and equipment or any in
retest therein, suitable for the use of any
industry or industries for the maaufitc
turing, processing or assembling of any
agricultural or manufactured products
or of any commercial enterprise en
gaged in storing, warehousing or distri-
buting products of agriculture, mining
or industry, or of a national, regional or
divisional headquarters facility ufa cum
puny that does multlstate business; and
WHEREAS, the Issuer has been re
quested by CyCare Systems, Inc. {tfie
"Company"), an Iowa corporation, to
issue its r6venue bonds ;o finance the
cost of the acquisition by construction or
purchase of equipment and improve
merits suitable for the use as the Corn
pany's national, regional or divisional
headquarters facility (the "Project") lo
cared within the Issuer, which wilt pro
mote the welfare of the Issuer and its clt
WHEREAS, it is proposed to finance
288 Special Session, July 21, 1980
the cost,of the Project through the issu- ity The Bonds, when issued, will be fire
anceoi Industrial Development Reve- ired obligations and will not constitute
hue Bonds. Series 1980 (CyCare Sys
terns, Ibc. Project} of the Issuer in an ag-
gregate principal amount nor to exceed
$3.000,000 Ithe "Bonds'"~ and to loan said
amount to the Comnany under a Loan
Agreement between thc Issuer and the
Company the obllgatlon of which will be
sufficient to pay the principal of gad re
demption premium, if any, and interest
on rne Bonds as and when the same shafi
be due and payable: and
WHEREAS, before the Bonds may be
issued.it ~s necessary to conduct a public
hcarin~ on the proposal to issue the
Bonds, all as required and provided for
by Section 419.9 of the Act;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
ISSUER, AS FOLLOWS:
Section 1. This Council shall meet nt
the Council Chambers in City Hail in Du
buque. Iowa. on the 18th day of August,
1980, al 7:30 o'clock, P.M., a[ which time
ann place a public hearing shall be held
on the proposal to issue the Bonds refer-
red to in the preamble hereof, at which
hearing all local residents who appear
shall be given an opportunity to express
their views for or against the proposal to
issue the Bonds.
Section 2. The Clerk is hereby direct-
ed to give notice of intention to issue the
Bonds. setting forth the amount and pur-
pose thereof, the time when and place
where the hearing will be held, by publi-
cation at leasl once not less than fifteen
15) days prior to the date fixed for the
hearing, in the Telegraph Herald, a
newspaper published and having a gen-
era[ mrcuiation within the Issuer. The
notice shall he in substantially the fol-
lowing farm:
~IOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS SER~ES 19S0
(CyCare Systems. Inc. Project)
The Cit~ Council of the City of Dubu
qua. iowa. ~the "Issuer") will meet on the
18th day of August, 1980. ar Council
Chambers in City Hall in Dubuque,
Iowa. al 7:30 o'clock, p.m.. for the pur-
pose of conducting a public hearing on
the proposal to issue Industrial Develop
ment Revenue Bonds. Series 1980
(CyCare Systems. Inc. Project) of the Is-
not to exceed $3,000.000 (the "Bonds"),
and t¢ loan said amount to CyCare Sys-
potation, for the purpose of defraying
the cost, to that amount, of the acqulsi-
general obligations of the Issuer nor will
they he payable in aily manner by taxa~
tion. bur the Bonds willbe payable solely
and only from amounts received by the
issuer under a Loan Agreement be
tween the Issuer and the Company. the
obi]gat]on of which will be sufficient ;o
pay the principal of and interest and re-
demption premium, if any on tlle Bonds
as and when the same shall become due.
At the time and place fixed for said
public hearing all local residents who ap-
pear will be given an opportunity to ex.
press their views for or against the pro-
posal to issue thc Bonds, and at the hear-
ing or any adjom'nmem thereof, the
suer sba8 arlopt a resolution determin
mg whether or not ;o proceed with the is
suance of tho Bonds,
By order of the City Council, this 21si
day of July. 1980.
Mary A. Davis
City Clerk
Section 3. All resolutions and par~s
thereof in conffiet herewith are hereby
repealed ~o dm extent m such conflict.
Passed and approved this 21st day of
Jtdy, 1989.
Carolyn Farrell
Mayor
ATTEST:
Mary A. Davis
City Clerk
'Seal)
Conncil Member Feldernmn moved
adoption of the Resolution Seconded by
Cmmcil Member King, Carried by the
following ye[e:
Yeas-Mayor Farrelh Council Mem-
bets Brady. Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Petition of Para Edahl requesting
address ;he Council and present the
findings et the W. llth Street Neighbor-
hood Survey, presented and read.
Para Edahl addressed the Council and
spoke to the petition and made herself
available for any questions thc Council
may wish to ask.
Council Member King moved that the
petition be received and filed and referr-
ed to Council. Seconded by Council
Member Felderman. Garrled by the fol-
lowing
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Communication of City Manager sub-
mitting procedures for the acquisition of
parking meter replacement units for the
equipment and improvements suitable City, presented and read.
for the usc as the Company's national, I Council Member Felderman moved
regional or divisional headquarters facil- that the commumcation be received and
Special Session, July 21, 1980
287
filed. Secoh~led 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. 229-80
Preliminary approval far the propos
ed plans, specs, etc. fro' the acquisition of
parking meters; equipment and/or ser-
vices in the est/mated amount of
,$148,400,00, presented and read.
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas Mayor Farrell, Council Mem-
bers Brady, Pelderman, King.
Nays-None.
Absent-Council Member Pratt.
(Necessity for Improvement)
RESOLUTION NO. 230-80
WHEREAS, specifications 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 specifications for such improve-
ment
2. an estimate for the cost of the im-
provement for the acquisition of
parking meters, equipment, and/or
services;
BE IT THEREFORE RESOI,VEi)
that the City Council on its own motion
deems it advisable and necessary for the
public welfare to make the herebl men-
tioned improvement, and unless the puh-
fie at the time of the final consideration
of this proposed resolution have on file
with the City Clerk, objections to the
amount of the cost of the imprevemenl,
they shall be deemed to have waived all
objections thereto.
Said improvement shall be done in ac
cordance with the schedule and spec]fi
cations which have been approved by
the City Council and are now on file with
the City Clerk. That the cost and ex
pease of making said hnprovemcnt shall
he paid from Parking Depreciation
Fund.
The above resolution was introduced,
approved and ordered placed on file with
~he City Clerk this 21st day of July, 1980.
Approved and placed on file for final
action.
Carolyn Farrell
Maym'
Jalnes E, Brady
D. Michael King
John L. Felderman
Coune, il Members
ATTEST:
Md, ry A. Davis
City Clerk
Council Member Eehterman mowql
approval of the Resolution. Seconded by
Council Member King. Carried by Hm
following wire:
Yeas-Mayor Farrell, Council Mere
bets Brady, Felderman, King,
Nays-None.
Absent-Council Member Pratt.
(Fixing Date of Hearing)
RESOLUTION NO. 231-80
WtIEREAS, the City Coumdl of the
City of Dubuque, Iowa, has given its pre
lira]nary approval on the proposed speci-
fications and form of contract and placed
sauna on file in the office el thc City Clerk
for public inspection for the acquisition
of pm'king meters, equipment, and/or
services.
NOW THEREFORE lie IT RESOLV
ED that on the 18th day of August, 1980,
a public hearing will be held at 7:3(I
in the Council Chambers of Ihe City of
Dubuque at City Hall at which time thc
objectors for the proposed improvement
may appear to make objection to the pro
posed acquisition and specifications.
form of contract and cost of said int.
provement, and the City Clerk be and is
hereby directed to cause a notice of time
and place of such hearing to be published
in some newspaper published in the CHy
of Dubuque, Iowa, which shall not be less
than four days nor more than twenty
days prior to the day fixed for its consid
eratlon, and the City Clerk be and is
hereby directed to have published thc
notlee of pendency for said improve
meat, and the City Clerk is hereby di
teated to advertise for proposals to the
contractors for the ¢o~mtruction of the
above-mentioned improvement.
Passed, adopted, and approved t, his
21st day Of July, 1980,
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. l,'elderman
Cuuncll Memhers
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Besohltion. Seconded hy
Council Member King. Carrie(] I~y the
following vote:
Yeas-Mayor Farrell, Cotmeil Mere
bars Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt
Communication nf City Manager sub
mitring bidding procedures for thc
Tuckpoin ting and Waterproofing o f City
lla]l, presented and read.
Council Member Felderman moved
that the communication and project be
I'eferred back to Staff. Seconded hy
288
Council Member King. Carried by tee
followin~ vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. King.
Nays-None.
AbsenVCouncil Member Pratt,.
Communication of City Managel sub~
mitring bidding procedure for the City
fIall Boiler Burner Unit Replacen enl.
presented and read.
Cmmeil Member King mover] that the
communication be received and filed.
Seconded by Council Member Felder~
man. Carried by the following vote:
Yeas-Mavol Farrell. Council Mem-
ber's Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
RESOLUTION NO. 232-80
Preliminary approval !or proposed
plans, specs., etc. for the City Hall Boil
crtBurner Unit Replacement in the eau-
mated amount of $30,000.00, presented
and read,
Council Member King moved adop
lion of the Resolution, Seconded by
Council Member Felderman. Carried by
the ibllowing
Yeas-Ma~or ParrelL Council Mom
bors Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
(Necessity for Improvement)
RESOkUTION NO. 233.80
W~tERE]~S, 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 for such improvement
2. an estimate for the cost of the im-
provement for the City Halt Boiler/
Burner Unit Replacement.
BE IT THEREFORE RESOLVEf)
that the City Council on its own motion.
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, ahdt unless inter-
ested persons at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk, objec-
tions ;o the amount of the cost of the ira-
provement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be done in ac-
cordance with the schedule and specifi-
cations which have been approved by
the City Uoumdl and are now on file with
the City Clerk. That the cost and ex-
pense of makin~ said improvement shall
approved and ordered placed on file with
the City Clerk this 21st day of July, 1980.
Special Session. July 21, 1980
7 Approved anti placed ()lq
for
final
action.
la Carolyn Farrell
{ Mayo}'
[ James E. Brady
[ D. Michael King
i John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
~Jouncil Member King moveq approv
al of the Resolution. Seconded hy Coun-
ell Member Fclderman. Carried by the
following vote:
Yeas-Mayor Farrcll, Council Mem-
bers Brady. Felderman King.
Nays-None.
Absent-Council Memb6r Pratt.
(Fixing Date of Hearing)
RESOLUTION NO. 234.80
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its pre-
liminary approval on the ~roposed speci-
fications and form of contrac~ ann placed
same on file in the office of the City Clerk
for public inspection for the City Hall
Boiler/Burner Unit ReplacemenL
NOW THEREFORE BE IT RESOLV-
ED that on the 18lb day of August. 1980.
a public hearing will be held at 7:30 p.m.
in the Council Chambers of the City of
Dubuquo at City Hall at which time the
objectors for the proposed improvemen~
may appear to make objection I ~) the pro-
posed plans and specifications, form
of contract and cost of said improve-
ment. and the City Clerk be and is
hereby directed to cause a notlee of time
and place of such hearten to be published
m some newspaper ptmlished in the City
of Dubuque. Iowa. which shall not be less
than four days nor more than twenty
days prior to I he da v fixed for ~;s con,dd-
eration, and the City Clerk be ann is
hereby directed to have published the
notice of pendency ~or said improve
men~ and the City Clerk is hereby
roe;ed to advertise for proposals to the
con,factors for thc construction -f the
Passed, adopted, ant~ approved this
21st da3 of July, 1980.
Mayor
James E. Brad~
D. Michael King
John L. Felderman
Council Members
ATTEST:
Mary A. Uavis
City C erk
Special Session, July 21, 1980
289
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Communication of City Manager re~
commending acceptance of the widening
project on J.F.K. Road from Pennsylva.
nia to Asbury Road, presented and read.
Council Member Felderman moved
that thn communication be received and
filed. Seconded by Council Member
King. Carrind by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Febierman, King.
Nays-None,
Absent-Council Member Pratt.
Final Estimate
RESOLUTION NO. 235-80
WHEREAS, the c tract for the Jhn
F. Kennedy Road Paving Project from
Pennsylvania Avenue to Asbury Road
has been completed and the City Engi-
neer has submitted his final estimate
showing the cost thereof including tile
cost of estimates, notices, inspection,
and preparing the assessment and plat,
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF TfIE
CITY OF DUBUQUE, IOWA:
That the cost of said improvmnent is
hereby determined to be $1,208,667.78.
That none of the cost thereof shall be
assessable upon private property and
$1,208,667,78 shall be paid from the Road
Use Tax Fund of the City of Dubuque.
Passed, adopted, and approved this
21st day o~ July, 198P.
Carolyn Farrell
Mayor
dames E. Brady
D. Michael King
John L. Felderman
Commil Members
ATTEST:
Mary A. Davis
Cty Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member King. Carried by thc
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
(A Resolution AccepBng Improvement)
RESOLUTION NO. 236.80
WHEREAS, the contract for the John
F. Kennedy Road Paving Project from
Pennsylvania Avenue to Asbury Road
has been completed and the City Manag
er has examined the work and filed his
eertiBcate stating that the same has
been completed according to the terms
of the contract, plans and specffieatinns
and recommends its acceptance.
NOW TPfEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That tbe recommendation of tile City
Manager be approved and that said im
~rovement be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the conractor from the
funds to be realized from the Road Use
Tax Fund bonds issued upon the above
described improvement in amount equal
to the amount of his contract,, less any re
talned percentage provided for therein.
Passed, adopted, and approved Uds
21st day of July, 1980.
Carolyn Farre]l
Mayor
James E. Brady
D. Michael King
John L. Fehierman
Council Members
ATTEST:
Ma~'y A. Davis
City Clerk
Council Member Felderman moved
adopt ion of the Resolution. Seconded by
Council Member King. Carried hy the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Communication of City Manager re
commendbtg approval for KopphPs Mar-
ket to construct a canopy at 1(198 Unive r
sity Ave., presented and read,
Council Member Pelderman reeved
that thc communication be received and
filed. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Farrell, Council Mere
bors Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
ORDINANCE NO. 51.80
AN ORDINANCE AUTHORIZING
STRUB CONSTRUCTION OF 1060
VICTORIA, DUBUQUE, IOWA, TO
CONSTRUCT A CANOPY AT KOP-
PLE'S MARKET AT 1098 UNIVERSITY,
DUBUQUE, IOWA, said Ordinance
lng previously been presented and read
at the Council Meeting of July 7, 1980,
)resented for final adoption.
ORDINANCE NO. 51.80
AN ORDINANCE AUTHORIZING
STRUB CONSTRUCTION, 1060 VIC-
TORIA, DUBUQUE, IOWA TO CON.
STRUCT CANOPY AT KOPPLE'S
MARKET, 1098 UNIVERSITY AVE.,
DUBUQUE, IOWA.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
290
p~es Market, Dubuque. low~ a~d legal
ly described as Lots 5~ and 53 in
Langworthy add. to cit~ el Dubuque,
Iowa be and they are hereby granted th~
revocable pe~nit a~d aethorily t. co~-
s tva~ t (md ~aintain canopy 36fL ~ 30 i~.
~nd~ r the te~s a~ul co~tdi~ions re t jbrth
her~ retiree submitted bype~nil ecs and
lull.ns, and the Ordinances of he Cty o
Dubuque
in granted is expressly conditioned on
a) Assu.~e any and all liability
whic~ v~a~ res~zlt ~o~ the ezis~
b) Pay ~n behalf of the City of Du~
buqae, all sums which the Citg of
Dubuq z~ shal~ become ~)bligated
~mposed upo~ the City oj Dubu-
que ~br damages uf an ] kind re~
beka~ of said City
[ndemnif~ ~i~nd hold the U*ty of
tbr dama#e w any property of the
repair oj the J~cility, work o~
~rant.d be re~cind~ d or revoked b thy e
abuttino property, shall withi~ len
Special Sessio_ _ _n, July 21. 1980
~he City Manaeer, so to do, a~ thezr own
expen.~e, remove said canopy a~lo in the
evvnr qf tbeir fuilur~ so to do, the City of
Dubuque. shall be authorized ~ re?now
said canopy at per~r~ittees expense and
dispose of the same, and the permitter
shal] have no claim against the City or
;ts agents for damages resulting h'o?rt
the ~emoval o~ said ~anopy,
permitters'expense a ~op'q o! t~is Ordi-
nance i~ the afl'ce of the R'~corderiw and
Special Session, July 21, 1980
291
Herald m~wspaper this 2~ th (lay qf J~ly.
Mary A. Davis
City Clerk
It 7/24
Council Member Felderman moved
final adoption of the Ordinance. Second-
ed by Council Member King. Carried by
~he following w)te:
Yeas-Mayor FarreB, Council Mcm-
ber~ Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Communication of City Manager
commending request from Don Junk to
vacate a portion of Disney Street be ap-
proved, presented and read.
Council Member Felderman moved
that tho communication be received and
filed and referred to Staff for proper pro
cordings. Seconded by Council Member
King, Carried by the tbllowing vote:
Yeas-Mayor Farrell, Council Mem.
bors Brady, Felderman, King.
Nays~No~e.
Absent-Council Member Pratt.
Communication of City Manager sub-
mitring Ordinance prescribing overall
height of vehicles permitted to park in
the municipal parking garages, present-
ed and read.
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
King. Carried by the [allowing vote:
Yeas-Mayor Farre[I, Council Mem-
bers Brady, Felderman, King.
Nays~None.
Absent-Council Member Pratt.
ORDINANCE NO. 52-80
AN ORDINANCE OF THE CITY OF
BUQUE, IOWA AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA BY REPEALING
SECTION 25-290 OF ARTICLE VIII OF
DIVISION 2 THEREOF AND ENACT-
ING A NEW SECTION 25.290 OF ARTI-
CLE VIII OF DIVISION 2 IN LIEU
THEREOF, PROVIDING FOR THE
HEIGHT OF VEHICLES AUTHORIZED
TO PARK iN THE MUNICIPAL PARK.
lNG RAMPS, presented and read.
Council Member Felderman moved
that the reading just had be considered
the first rending of the Ordinance, Sec
ended by Council Member King. Carried
by the following vot~:
Yeas-Mayor Farrell, Connci[ Mom
bors Brady. Felderman. King.
Nays-None.
Absent Council Member Pratt.
Council Member Feiderman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member King. Carried by the
following vote:
Yeas Mayor Farroll, Council Mere
bees Brady, Feldm~'man, King.
Nays-None.
Absent-Council Member Pratt.
ORDINANCE NO. 52-80
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA AMENDING THE
CODE OF ORDINANCES OFTHE CITY
OF DUBUQUE, IOWA BY REPEALING
SECTION 25-290 OF ARTICLE VIII OF
DIVISION 2 THEREOF AND ENACT-
lNG A NEW SECTION 25-290 OF ARTI-
CLE VIII OF DIVISION 2 IN LIEU
THEREOF, PROVIDING FOR THE
HEIGHT OF VEHICLES AUTHORIZED
TO PARK IN THE MUNICIPAL PARK-
ING RAMPS.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordin¢tne-
es of the City of Dubuque, Iowa be a~d
the same is hereby amended by repeal-
i~g Section 25-290 o/Article VII1 of Di-
vision 2 thereof and enacting a new Sec-
lion 25-£90 .f Article VIII of Divisio~l
i. lieu thereof to read as follows:
Sect. 25-290. Height of, Projections
on Vehicles Restricted.
keight ~r which is in excess of six
It 7/?4
fi~al adoption of the Ordinance. Second-
ed by Council Member King. Carried by
the following vote:
292
R-3 MultLFamilv Residential District,
presentoa and read.
Council Member Feiderman moved
that the communicatim~ be received and
filed. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem
bens Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
AN ORDINANCE amending Code of
Ordimmces by reclassifying property at
2017 Dniversity Ave. from ID Institu.
uonal District Classification to R-3
Residential District classification, pre.
sunred and read.
Council Member Felderman moved
that the reading just had be considered
the first reading of the Ordinance. Sec-
onded by Council Member King. Carried
by tho following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Me.tuber Fratt.
Council Member l;elderman moved
tllat the rule requiring an Ordinance to
he received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with, Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Council Member Feldevman moved
that a public hearing be held on tbe Ordi-
nance on August 18, 1980 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be instruct-
ed to publish nonce of the hearing in the
manner required by law. Seconded by
Council Merhber King. Carried by the
following vote:
Yeas.Mayor Farrell, Council Mem.
bens Brady, Felderman, King. Nays None.
Absent-Council Member Pratt.
Communicatiun of P & Z Commissmn
approving amendment to the Zoning Or-
dinance to allow printing and pubfishing
as permitted use in C-4 district, present-
ed and read.
Council Member Felderman moved
thai the commumcal,Jm~ be received and
filed. 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.
AN ORDINANCE Amending Code of
Ordinances by enacting a new Section
4-115.2 6~ o~ Article IV thereof, to allow
Printing and Publishing as a principal
permitted use in a C-4 General Common
Special Session, July 21, 1980
ciat District, presented and read.
Council Memoer Felderman ~noved
that the reading just had be considered
the first reading of the Ordinance. Sec~
ended by Council Member Brady, Car-
ried by the following vote:
Yeas-Mayor Parnell, Council Mem-
bers Brady, Felderman. King.
Nays-None.
Absent-Counc3 Member Pratt.
Councd Member Felderman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Braoy. Carried by the
following vote:
Yeas-Mayor Farrell. ( ouncil Mem-
bers Brauy, Felderman. King.
Nays-None.
Absent-Council Memner Pratt,
Council Member Felderman moved
that a public hearing be held on the Or-
dinance on Augus~ 18. 1980 at 7:30
o'clock P.M. in tbe Council Chamber at
the City Hall and that the City Clerk be
instructed to publish notice et the hear-
ing in the manner required by Law. Sec-
ended by Council Member Brady. Car.
tied by the following
Yeas~Mayor Farrell, Council Mem-
bers Brady, Felderman, King,
Nays-None.
Absent-Council Member Pratt.
Communication of P & Z recommend-
ing amendment to Zoning Ordinance for
clarification et Front Yard and Side
Yard definitions, presented ami read
Council Member Felderman moved
that the communication be received and
filed Seconded by Council Member
King Carried by the following vote:
Yeas-Mayor FarreB, Council Mem-
bers Brady, Felderman, King.
Nays-None,
Absent-Council Member Pratt.
AN ORDINANCE Amending Zoning
Ordinance by enacung new definitions
of Yard. Front and Side, of Article XI in
lieu thereof, to clarify the definition and
application of front and side yard re-
quirements and corner lots presented
and read.
Council Member Felderman moved
that the reading just had be considered
the first reading o1 thc Ordinance. Sec-
onded by Council Member King. Carried
by the following vote:
Yeas-Mayor Fen'ell, Council Mem-
bers Brady, Feldcrman. King.
Nays+None.
Absent Couucil Member Pratt,
CeuncU Member Fclderman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Special Session, July 21.1980
293
Council Member King. Carried by the
following vote:
Yeas-Mayor Farrefi. Council Meal
bens Brady, Felderman, King.
Nays-None,
Absent-Council Member Pratt
Council Member Felderman moved
that a public hearing be held on the Ordi-
nance on August 18. 1980 at 7:30 o'clock
P.M, in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the hearing
in the manner required by law. Seconded
by Council Member King. Carried by the
following vote:
Yeas-Mayor Farrefi Council Mem-
bers Brady, Felderman. King.
Nays-None.
Absent .Council Member Pratt.
Communication of P & Z recomnlend-
big approval of final plat of "Mike Gar-
city Place" adjoining at 1849 South
Grandview, presented and read
Council Member Felderman moved
that the communication be receive0 and
filed. Seconded by Council Member
Brady, Carried by the following vo;e:
Yeas-Mayor Farrell. Council Mere
bens Brady. Felderman, King.
Nays-None,
Absei~i-Council Member Pratt.
RESOLUTION NO. 237-80
Resolution Approving the Plat of
"Mike Garrity Place" in the City of
Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a plat in which Lot 1 of Lot
2 of Lot 12 in Linhein Subdivision of Mtn
eral Lot No. 19, Township 89 North.
Range 2 and 3 East of 5th Principal Meri
dian in the City of Dubuque. Iowa: and
Lot 11 in Linhein Subdivisiun of Mineral
Lot No. 19, Township 89 North. Range 2
and 3 East of 5th Principal Meridian in
the City of Dubuque, Iowa: and Lot 5 of
"Nosier Heights on Grandview' in the
City of Dubuque, Iowa is platted as
"Mike Garrity Place" iii thc City of Du-
buque, Iowa: and
WHEREAS. said plat has been exam-
ined by the City Planing and Zoning
Commission and they find that the same
conforms to the statutes tmd ordinances
relatiug thereto, except that the propos-
ed Lot 2 does not meet the mlnimnm
frontage requirements: and
WHEREAS. said plat has been
proved by tho City Planning and Zoning
Commission. on the condition that said
proposed Lot 2 as platted cannot be
ycleped: and
WHEREAS. said pla1 has been exam-
ined by the City Council and they find
the same conforms to the statutes and
ordinances relating thereto, except that
said proposed Lot 2 does not meet iht,
mtnimmn frontage requirements; and
WHEREAS. thc City Council concurs
on the conditions of approval established
by the City Planning and Zonina- Com-
mission.
Section ~. Thai the above-described
plat be and the same is hereby approved
and the Mayor and Clerk be and they are
hereby authorized and directed to en
dense the approval of the City upon said
~lat, provided the owners of said proper
~y herein named, execute written steep
tahoe hereto attached agreeing:
u. That Lot 2 o~ "Mike Garmty
Place" shaft not be developed
copt for driveway purposes.
Bscfion 2. Thai, in the event thc own-
ers of said property sttall fail to execute
the acceptance urovided for in Section 1
hereof written forty-five days after the
date of this ResobdJon. the provisions
hereby shall be null and void and the
proval nf the plat shall nnt be effective.
Carolyn Farrel
Mayor
James E. Brady
I). Michael King
John L. Feldcrman
Conmql Mend)ers
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 237~80
We, tbe undersigned &unes C. Nosier
and Margaret M. Nosier owners of Lot 5
of "Nosier Heights on Grandview." and
Michael J. Garrity and Diana B. Garrit v.
owners of Lot 11 and Lot 1 of Lot 2 of Lot
12, each of Linhein Subdivision. which
properties are now included in the plat of
"Mike Garrity Place" in the City of Du
buque, Iowa having read the terms ami
conditions of the foregoing Resolution
No. 237-80. and being familiar with the
conditions thereof, hereby accept thc
same and auree to the conditions requir
ed therein
Dated in Dubuque. Iowa this 25th day
of August, 1980.
James C. Nosier
Margaret M. Nosier
Michael J. Garritv
Diana B. Garrity
Council Member Feldcrman moved
aaoption of ~ he Resolution. Seconded. v
Council MI,tuber Brady. Carried by tin
filed. Seconded by Council Membcq
294 Speci~i Session, JUly 21,1980
King. Carried by ~he f01i~ er niter natives to moped and motorcycle
Yeas~Mayor Farrell, Council Mere I parking, presented.
hers Brady, Felderman, King. ] Council Member Brady moved that
Nays None. this matter be referred to staff for study,
Absent-Council Member Pratt.
RBSOLUTION NO. 230-00
Resolution Approving Plat of "Maple.
wood Place" irt the City of Dubuque,
WIIER~AS, there has beep ~!lefl with
the City Clerk a plat in b:h~ch LOt 7 eX-
cept the westerly 10 feet thereof, Lot 7 A
and Lot 8, each in Block 8 in "Green
Acres Subdivision" in the City of Dubu.
que, Inwa is platted as: "Maplewood
Place" in the City of Dubuque, Iowa; and
WIIEREAS, said plat has been exam-
ined by the City Plan Commissiun and
had its approval endorsed thereon; and
WHEREAS, sahI 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 COCNCIL OF TBE
CITY OF DUBUQUE, IOWA:
Section 1. The above described plat
be and the same is hereby approved and
the Mayor and Clerk be and they are
hereby authorized and directed to en-
dorse the approval of the City upon said
plat.
Passed, adopted, and approved this
21 st day of July, 1980.
Carolyn Farrel]
Mayor
James E. Brady
D, Michael King
John L. Felderman
Conncil Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent.Council Member Pratt.
Communication of Secretary of Tran
sit Board submitting reply to their re~
quest h)r free bus rides to City em-
and read.
Council Member Brady moved that
the communication he received and filed
and refcred to Council. Seconded hy
Council Member King. Carried by the
following w)te:
bets Brady, Felderman, King.
Nays~None.
Absent-Council Member Pratt.
Verbal petition of Council Member
Brady requesting to discuss and consid
report and recommendation. Seconded
by Council Member Felderman. Carried
by the following vote:
Yeas-Mayor Farrell, ¢ounail Mem~
hers Brady, Felderman, I~ing.
Nays-None. · ~
Absent-Count Member I ratt.
Council Member Brady moved that
John L. Oehrle and Jacqucline Merrltt
he reappointed to the Civic Center ?qm
mission ['or a two year term e×p~rlng
June 29, 1982. Seconded by Council
Member Fcldermaa. Carried by the fei
Nays-None.
CoUncil Member Felderman moved
,he following vot~e:
bets Brady, Felderman, K!ng.
Special Session, July 21, 1980
295
Nays-Council Member Brady.
Absent-Council Member Pratt.
RESOLUTION NO. 239.80
BE IT RESOLVED, By the City Coun-
cil of the City of Dubuque, Iowa, that the
followMg, having complied with the pro-
visions of law relating to the sale of Cig-
arettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
Ci~ & S CO., Inc. -- 4th and Main
Streets.
Passed, adopted, and approved this
2let day of July, 1980.
Carolyn Farreil
Mayor
D. Michael King
John L. Feiderman
Council Members
ATTEST:
Mary A, Davis
City Clerk
Council Member King moved adop
lion of the Resolution. Seconded hy
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farreil, Council Meal
bers Felderman, King.
Nays-Council Member Brady,
Absent-Council Member Pratt.
RESOLUTION NO. 240.90
BE IT RESOLVED, By the City Coun-
cil of the City of Dubuque, Iewa, that the
following, having compiled with the pro.
visions of law relating to the sale of Cig-
arettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Kevin Sch]osser -- 2195 Central Aw~.
Iowa ()il Co. Jackson St. IOCO -- 1998
Jackson St.
Passed, adopted, and approved Offs
2let day of July, 1980.
Carolyn Farrcl]
Mayor
James E. Brady
D. Michael King
John L. Fclderman
Council Members
ATTEST:
Mary A, Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
RESOLUTION NO. 241-80
WHEREAS, Applications for Beer
Permits have been submitted and Bled
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bonds;
NOW TItEREFORE BE IT RESOLV~
ED BY THE CITY COUNCIL OF TIlE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued to the following
named applicants a beer permit.
CLASS "C" BEER PERMIT
Randalls Food International (Also
Sunday Sales) - 2013 Central Ave.
Save-U-More (HyVee Food Stores,
Inc,) (Also Sunday Sales) - 3333 Asbury
Road,
Dubuque Packing Co. 701 E. 16th
Street.
Passed, adopted, and approved this
21st day of July, 1980.
Carolyn Farrell
Mayor
Jumps E. Brady
D. Michael King
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Farrel[, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
RESOLUTION NO. 242.80
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be ecru-
)led by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have filed propm' 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
Imperial Lanes, lac. (Also Sunday
Sales) -- 3505 Stoneman Road,
John F. Glynn - 760 E. 16th Street.
Passed, adopted, and approved this
21st day of July, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Council Members
296
Special Session, July 21, 1980
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
MINUTES SUBMITTED: Airport
Commission of 7-5: Transfl Board of 6-12:
Human Rights Commission of 6-tl,P & Z
Commission of 7-2: Park Board of 74L
presented and read.
Council Member King moved that the
minutes be received and filed. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
NOTICE OF CLAIMS -- Mildred M.
Parkins, for personal injury in undeter-
mined amount: Erwin J. and Alice E.
Hafeman. in amount of $519.00 for
backed-up sewer damages: Cletus Koos
et ux for personal injuries and property
damage, presented and read.
Council Member King moved that the
claims be referred to the Corporation
Counsel for investigation and report.
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.
Communication of City Manager sub-
mitring Resolution for release of funds
for "4th Street Peninsula Storm Drain
Project" presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Farrefi, Council Mem-
bers Brady, Felderman, King,
Nays-None.
Absent-Council Member Pratt.
RESOLUTION NO, 243-80
Authorizing Submission o! a Request
for Release of Funds for a Certain
Community Development Block Grant
Project.
WHEREAS, the City of Dubuque, in
conformance with the EnvironmentM
Review Procedures for the Community
Development Block Grant Program,
completed an Environmental Asses-
ment of the following identified proposal
(project) with Community Development
Block Grant funds; and
"gth Street Peninsula Storm Drain
Project"
WHEREAS, lmrsuant to Resolution
No. 225-80, adopted July 7, 1980, Public
Notice of a "Finding of No Significant E f-
feet on the Environment" for the
posal {projectt was published July 8,
1980. in the Dubuque Telegraph tterald.
a newspaper of general ¢trculatiom and
provided for a public comment period
until 12:00 noon. Friday, July 25, 1980:
and
WHEREAS. Public Notice of a "Find-
mg of No Significant Effect on the Envi-
romnent" for the proposal (project was
sent by regular mail to various federal.
state, and local public agencies and to
the local news media, individuals and
groups known to be intm, ested and be-
lieved to be appropriate to receive such a
Public Notice; and
WHEREAS. any and all objections, if
any, to such proposal have been duly con-
sidered; and
WHEREAS.it is the intent of the City
Council to authorize the submission of a
request to the U.S. Department of Hens=
ing and Urban Development for the
lease of funds under the said Act to carry
out the above identified project:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, iOWA:
Section 1. That the Environmental
Review Record for the proposal (project)
shall continue to remain on file in the Of-
fice of the City Clerk, where said records
may be examined and copied by any in-
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and di-
rected to submit to the U.S. Department
of Housing and Urban Development on
July 8, 1980, a request for release of
funds to undertake the said project.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a respon-
sible federal official under the National
Environmental Protection Act, insofar
as the provisions of the said Act apply to
the U.S. Department of Housing and Ur-
ban Development's responsibilities for
review, decision making, and action as-
sumed and carried out by the City of Du-
buque as to environmental issues.
Snnfion g. 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-
Special Session July 21, 1980 297
tlon pertaining to the environmental re-
view procedures.
Section fl. That the City Clerk be and
she is hereby authorized and directed to
pablish a public notice for a Request of
Release of Funds and Certification in the
form of Exhibit "A' attached hereto and
made a part hereof.
Passed, adopted, and approved this
21zt day of July, 1980,
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
PUBLIC NOTICE
Pursuant to the Environmental Re-
view Procedures for the Community De-
velopment Block Grant Program, the
City of Dubuque intends to file a request
on July 28, 1980, for release of Block
Grant funds for the following proposal
(project):
"4th Street Peninsula Storm Drain
Project"
The City of Dubuque has made an Eh-
v~ronmental Review Record for the pro~
ject and has placed these records on file
in the office of the City Clerk in City
Hall, lgth and Central Avenue, Dubu-
que, Iowa, where said records may be ex-
amined and copied between the hours of
8:00 A.M. and 5:00 P.M. Monday through
Friday until 5:00 P.M. on the 25th day of
July, 1980.
The name of the applicant is the City
of Dubu~que, Iowa, and the Chief Execu-
tive Officer ~f tho applicant is Mayor
Carolyn Farrell, BVM, The mailing
dress for both the applicant and the
Chief Executive Officer is City Hall,
13th and Central Avenue, Dubuque,
Iowa, 52001.
The City of Dubuque will undertake
the project described above with Block
Grant funds from the U.S. Department
of Housing and Urban Development
(HUD), under Title I of the Housing and
Community Development Act of 1974.
The City of Dubuque is certifying to
HUD that the City of Dubuque and Caro-
iyffFarrell, BVM, in h~r official capacity
aa Mayor, consent to accept the jurisdic-
tion of federal courts, if an action is
brought to enforce responsibilities in re-
lation to environmental reviews, deci-
sion making, and action; and that these
responsibilities have been satisfied. The
legal effect of the certification is that
upon its approval, the City of Dubuque
may use the Block Grant funds and HUD
will have satisfied its responsibilities
under the National Environmental
Policy Act of 1969. HUD will accept an
objection to its approval of t he release of
funds and acceptance of the certifiea
tion, only if it is on one of the following
bases: (al That the certification was not
in fact executed by the Chief Executive
Officer or other officer of applicant ap.
proved by HUD; or (b) That applicant's
environmental review record for the
project indicates omission of a required
decistere finding, or step applicable to
the project in the environmental review
process. Objections must be prepared
and submitted in accordance with the re-
quired procedure (24 cfr, Part 58), and
may be addressed to HUD at the Omaha
Area Office, 7100 West Center Road,
Omaha, Nebraska, 68106. Objections to
the release of funds based on other than
those stated above will not be consider-
ed by HUD. No objection after the 8th of
August, 1980, will be considered by
HUD.
Cmnments may be submitted to the
City of Dubuque until 12:00 noon, Fri
day, August 8, 1980, addressed to Care
lyn Farrelil BVM; Ma~or of the City of
Dubuque, City Hall, 13th and Central
Avenue, Dubuque, Iowa, 52001.
Dated and published July 22, 1980.
Mary A. Davis
City Clerk
Council Member King moved adop-
tion of the Resolution, Seconded by
Council Member Brady. Carried by thc
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Proof of publication, certified to by
the Publisher of Notice of finding of No
Significant Effect on the Environment
for "Operation Paintbrush" and Notice
of Intent to file for release of Block Grant
Funds for Removalof Architectural Bar
riers, St. Mary's Street Drainage Pro-
ject and Tri-State Independent Blind So-
ciety Energy Conservation Projects,
presented and read.
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Farrell, Council Me,n-
bets Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Petition of I.W.I. Unit of American
Diabetes Association requesting to eon-
duct a Bike Ride in ~he City on Sept. 21
from 11:00 A.M. to 5:30 P.M. presented
and read.
Council Member King nmved that the
)etition be referred tothe City Manager
for implementation. Seconded by Coun-
298
Special Session. July 21, 1980
cilMember Brady. Carried by the follow-
Yeas-Mayor FarrelL Council Mem-
~bers Brady, Feldermam King.
Nays-None.
Absent-Council Member Pratt,
REFUNDS REQUESTED -- St. Pat~
tick's Parish in the amount of $225.00. on
unexpired Beer Permit No. BB-6878, dis~
continued business on June 14,1980, pre~
Council Member King moved that the
request be approved and referred to the
City Auditor for iseuing of proper war-
rant. Seconded by Council Member
Braqy. Carried by the following vo~e:
Yeas-Mayor Farre]l. Council Mere~
bets Brady, Feldermam King.
Nays-None.
Absent-Council Member Pratt.
Communication of City Manager sub~
mitring response re request Ior Handi-
capped Persons. Inc. regarding place-
ment of signs reading "State Permit Re-
quired,'' presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farreli, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
Communication of City Manager sub.
mitring information pertaining to sever-
al referrals made during the course of
Council Meetin~;s to his office, presented
and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King. Nays None.
Absent-Counci~ Member Pratt.
Communication of City Manager sub-
mitting report from Police Dept. regard-
ing the July 4th Fireworks Display al
Veteran's Memorial Park. presented
and read.
Council Member King moved that the
commumcation be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vo~e:
Yeas-Mayor Earrel]. Council Mem-
bers Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
Communication of Ken Schromen ex-
pressing thanks for listening to their
traffic problems on the 4th of July a~
Veteran's Memorial Park, presented
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vo~e:
Yeas-Mayor Farrell, Council Mem~
bets Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
Communication of DubuqueFest '80
Organization advising of activities to be
held in the 2nd Annual DubuqueFest
Grand Parade on Sept. 26. 27. & 28. re-
questing participation from the City
Council, presented and read,
Council Member King moved that the
communication be received and filed and
referred to Council. Seconded by Coun-
cil Member Felderman. Carried by the
following vo~e:
Yeas-Mayor Farrell. Council Mem.
bers Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
Communication of Counsel for KDUB-
TV submitting reply to opposition in the
petition of KDUB-TV for special relief.
presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Feldermam King.
Nays~None.
Absent-Council Member Pratt.
Communication of ~dmae E. Millit-
zer, Mgr. of Teleprompter. advising of
F.C.C.'s decision to gr~ant "significantly
viewed" television stations full local sta-
tus and to discontinue providing non-du-
plication protection, presented ann
read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vo~e:
Yeas-Mayor Farrell Council Mem~
bets Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
Mayor Farrell stated that the City of
Dubuque had received their Preliminary
Census Figures from the Federal Gov-
ernment, which indicates the figure of
60,342, as the correct population figure
for the City. There will be verification as
~o whether or noi this includes our an-
nexed area.
There being no further busines~
Council Member Felderman moved to
adjourn. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Farrefi. Council Mdm-
bets Brady, Felderman. King.
Nays-None.
Absent-Council Member Pratt.
Mary A. Davis
City Clerk
Special Session, July 21, 1980
299
ApProved ...................... 1980
Adopted ......... ; ............. ~980
Council Members
ATTEST:
City Clerk
300
Special Session, JulY 30, 1980
CiTY"COONCIE
OFFICIAL
Special Session, July 30, 1980.
Council met at 4:45 P,M. (D.S.T.)
Presenl-Mayor Farrell, Council
Members Brady, Folderman, King,
Pratt, City Manager W. Kenneth Gear.
harl.
Mayor Farrell read the call and stated
that service thereof had been duly made
and this Meeting is a Special Session of
the City Council held for the purpose to
conslder adopting an Ordinance reclassi-
fying that portion of Lot I of Inland
Molasses Place that will accommodate
the existing Molasses Plant and the pro-
posed Expansion only from AG Agricul-
tural District to H-I I{eavy Industrial
District and acting upon such other buM-
ness as may properly come before the
Council.
Communication of Corporation Coun-
sel submitting proposed form of Agree-
ment between the City and the Inland
Molasses Co., presented and read.
Corporation Counsel Russo submit-
ted the verbal comment that the propos-
ed Agreement between the City and In-
land Molasses Co. had been prepared
and delivered to the company's attor-
ney. At this time the attorney for Inland
Molasses Company was unavailahle for
comment and no written responses were
received.
Council Member King moved that this
matter be tabled for official action to the
August 4, 1980 meeting. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King.
Nays-None.
Absent-Council Member Pratt.
There being no further business,
Council Member Pratt moved to ad.
journ. Seconded by Council Member
King. 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
Regular Session
CITY COUNCIL
OFFICIAL
Regular Session. August 4. 1980.
Council met at 7:30 P.M. (D.S.T.)
Present-Mayor Farrell. Council
Members Brady, Felderman. Pratt.
City Manager W. Kenneth Gearhart.
Absenl. Council Member King.
August4.1980 301
Wholesale Commercial District [)re
sented and read.
that action on this matter be tabled ~o
the meetin~ of August 18. 1980. Second
ed by Council Member Pratt. Carried hy