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1980 September Council Proceedings336 Special Session, August 21, 1980 'Cedar Ridge Farm' lying north edar Cross Road; that part of Lot 1 of of Mineral Lot 218 lying north of OFFICIAL Special Session, August 21, 1980. Council met at 9:00 A.M. (C,D,T.) Present*Mayor Farrell, Council Members Brady, Felderman, King, Pratt, City Manager W, Kenneth Gear- hart. Mayor Farrell read the call and stated that service thereof had been duly made and this Meeting is called for the pur. pose to discuss the situation with Dubu- que Packing Company and acting upon such other business as may come before the Council: City Mamtger Gearhart and Public Works Director Murray presented an oral statement to Council advising of dif- ferent alternatives which might bo used to assist the Dubuque Packing Company so as to keep the present plant operating in the City of Dubuque. Public Works Di- rector Murray suggested giving four plants presently on a sewage contract, a 20% sewage decrease break; these four companies being Dubuque Packing Co., Inland Molasses Co., Dubuque Terminal and Celotex; Also recommending in- creasing rates to residential and com- mercial uses by 15% effective with hill lng date of October 1, 1980. Mr. Murray stated City has not confirmed offer with Dubuque Packing Co. Council Member Felderman moved to provide all support possible within the limitation with the fiseal management to assist both labor and management to keep Dubuque Packing Company in Du- buque with the largest number of jobs possible and this amendment is made with asking nothing in return for no guarantee other than everything pos- sible be done to keep Dubuque Packing in town, and City Staff directed to come back with an Ordinance in September for further discussion ou sewage rates and City continue to negotiate where ne- cessary to insure whatever is necessacy to keep Dubuque Pack in Town. Second- ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. Proclamation proclaiming week of September 1~6, 1980 as "Union Label Week" was read and so proclaimed by Mayor Farrell. AN ORDINANCE of the City of Du- buque, Iowa, amending the Code of Ordi- nances by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to amend the zoning map to estab- lish an R-8 Residential District on pro~ party described as "That part of Lot I of Cedar Cross Road; and Lot 3 of Mineral Lot 211, all in Section 34, T89N R2E of the 5th P.M. (Nemmers property)", said property being in the Center Sector of the territory involuntarily annexed to the City of Dubuque, Iowa, presented and read. Council Member Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Council Members Brady, Fel- del'man, King, Pratt, Nays~Mayor FarrelL Council Member Brady moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Carried by the foL lowing vote: , Yeas~Councll Members Brady, Fel- derman. King, Pratt. Nays-Mayor FarrelL Council Member Brady moved that a public bearing be heht on the Ordinance on September 15, 1980 at 7:30 o'clock P.M.in the Council Chamber at City Hall and that the City Clerk be directed to publish notice of the bearing in the man- ner as required by law. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Council Members Brady~ Fei- derman, King, Pratt. Nays-Mayor FarrelL There being no further huslness, Council Member Felderman moved to adjourn. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Regular Session. September 1, 1980 CITY COUNCIL OFFICIAL Regular Session, September 1,1980. Council met at 7:30 P.M. (C.D.T.) No members of the council being present, meeting was adjourned sub- jecl 1o call, Mary A. Davis City Clerk Approved .......................................... 1981 Adopted ............................................. 1981 337 Council Members ATTEST: City Clerk 338 Regular Adjourned Session. September 2, 1980 CITY COUNCIL OFFICIAL Regular Adjourned Session. September 2, 1980. Council met at 7:30 P.M. [C.D.T.) Present - Mayor FarrelL Council Mem- bers Brady, King, Pratt, City ManagerW. Kenneth Gearhart. Corporation Counsel R. N. Russo. Absent. Council Member Felderman. Mayor Farrell read tile call and stated that service thereof had been duly made and this meeting is AN ADJOURNED REGULAR SESSION of the regular ses- sion of September 1, 1980 called for the purpose of acting upon such business as may come before the Council. Invocation was given by Rev. James Ray of Rock of Ages Baptist Church. Mayor Farrell read the proclamation proclaiming Sept. 4 through November 15 as 'TJnited Way Campaign Time" and presented it to Mr~ Art Hanson, Chair- man, United Way. Proof of publication, certified to by the Publisher. of Notice of Pendency of Reso- lution of Necessity lot Public Hearing for the replacement of brick, tuekpointing and painting of trim and doors of City Hall, presented and read. No written objections were flied and no oral objectors were prose nt in the Cou ncil 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. Car- ried by thc following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, King, Pratt. Nays-None, Absent-Council Member Felderman. (Necessity for improvements) RESOLUTION NO. 246.80 WttEREAS, proposed plans, specifica- tions, and form of contract have been duly prepared and approved by the City Coun- cil of the City of Dubuque. Iowa. and are now on file in the office of the City Clerk showing among other things the follow- ing: (D The plan of such improvement 12! An estimate of the cost for the im- provement for the Replacement of brick, tuekpointing, waterproofing and painting el trim and doors of City Hall. BE IT TttEREFOttE RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless interested persons at the time of the final consideration of this pro- posed resolution have on file with the City Clerk. objeetions to the proposed plans, specifications, contract or estimated cost of the improvement, they shall be deemed to huge waived all objections thereto. Said improvement shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid Irom the General Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 4th day of August, 1980, RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted, as proposed, by the City Council this 2nd day of September. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption m the Resolution. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor FarrelL Council Mom- nors Brady, King, Pratt Nays-None. Absent-Council Member Felderman. (Ordering Construction) RESOLUTION NO. 267-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU~ QUE that pursuant to a Resolution of Ne- cessity No. 246-80 which was duly passed by this Council for the replacement of brick, tuckpointing, waterproofing and painting oi trim and doors of City Hall. be and the same are hereby ordered and con- structed by this Council upon its own mo- tion 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 FURTItER RESOLVED that the cost and expense of the said improve- ment be paid from the General Fund. BE IT FURTHER RESOLVED thai the City Clerk be and she is hereby ordered and directed to advertise for pro- posals for the construction of the various improvements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this reso ution being deemed urgent and o[ immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Regular Adjourned Session, September 2, 1980 339 Passed, adopted, and approved this 2nd day of September, 1980. Carolyn Farrcil Mayor James E, Brady D. Michael King Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by thc following vote: Yeas-Mayor Farrell, Council Mom bors Brady, King, Pratt. Nays-None. Absent-Council Member l%!derman. Decision of Council upon objections to plans, specifications, form of contract and cost of improvemenle RESOLUTION NO. 268*80 WIIEltEAS, proposed idans ami speci fications and form of contract for the replacement of brick, tuckpointing, waterproofing and painting of trim and doors of City Hall have been approved by the City Council of thc 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 hear- lng of all objections to said plans, specifi- cations or contract for or cost of such im- provements, said time being this 2nd day of September, 1980; and WHEREAS, the City Council met in regular session this 2nd day of Septem- ber, t98g, at 7:30 o'clock P.M. nt the Conn. cji Chambers in the City tIall for the put: pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of tilt, improvement herein described and pro- posed to be made; ami WIIEREAS, all inlerested parties have been given an opportunity to he heard and all objections which have been duly Weighed and considered; NOW THEItEFOBIg BE IT Bi,iSOLV- ED BY THE CITY COUNCIL OF' Tlll,] CITY OF DUBUQUE, IOWA: That all objections which have been made and filed t~ the plans, speed'ica- fie!is; contract for or cost of said improvb nient herein described and proposed to he made, be and thc same hereby overruled and such plans, specifications and Ibrm of contract heretofore approw~d are hereby adopted. lie IT FURTHER RESOLVEI) that thi~ resolution containing the dec/sion of this ConnPil upon all objeetiqns which have been filed to the plans, specifiea tions and [orm of cost of said improve mcnt be lnade a matter of permanent record in connection with said improve mont. Passed, adopted, and approved Lhis 2nd day of September, 1980. Carolyn Parrcll Mayor James E: lh'ady D. Michael King Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution. Secouded by Council Memiler Pratt. Carried by the h)tlowing vote: YcasMayor Farre[], Council Mere bets Srndy, King, Pratt. Nays None. Absent-Council Member Febierman. Proof of publication, certified to by the Publisher, of NoLice to ContracLors et rc ceipts et bids for tuckpobHJng and wa{ ct' pro,ofing of City Hall, ~resented ami read. (,onncil Member King moved that the pruof uf publication be received and filed. Seconded by Coum!il Member Pratt. Car- ried by the following vote: YeasMayor Farrell, Council Mern bets Brady, King, Pratt. Nays None. Absent-Council Member Felderman. Communication of City Manager re- commending awarding of contract to Jackson Tuckpointing Co. for tuckpoint lng and waterproofing of City Hall, pre sentcd and read. Council Member King moved that the communieatlon be received and filed. Sec ondcd by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, King, Pratt. Nays None. Absent Council Member Felderman~ (Awarding Contract) RESOLUTION NO. 269-80 WIiERIqAS, sealed proposals haw~ 34O plans and specifications; NOW THEREFORE BE [T RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contract for the above men- tioned improvement be awarded to Jack~ son Tuckpointing Co., Inc. and the Man- ager be and he is hereby directed to exe- cute a contract on behalf of t~e City of Dm buque for the~ complete;' performance of said work. BE IT FURTHER RESOLVED. that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuecess. ful bidders. Passed. adopted, and approved this 2nd day of September, 1980, Carolyn Farrell Mayor James E. Brady D Michael King Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution. Seconded by Council Member I'ratt. Carried by the following Yeas-Mayor FarrelL Council Mem- bers Brady. King, Pratt Nays~None. Absent-Council Member Felderman. Petition of Staff Coordinater of Duhu quel;"est '80 requesting to address the Conneil regarding the closing of Main Street be;ween 4th and 5th on Sep;mn- ber 27th and 28th, presented and read. Council Member King moved that the Petition be received and filed. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Brady, King. Pratt. Nays-None. Absent-Council Member Felderman. Council Member King moved to sus- pend tile rules to let anyone present ad- dress the Council if they so desire. Sec onded by Council Member Pratt. Carried by the following vote: YeasMayor FarrelL Council Mem- bers Bradw King, Pratt. Nays-None. Absent Council Member Felderman. Mary E. Jagielski, Staff Coordinator of DubuqueFcst '80 spoke to the communi- cation and explained that a hard surface large area was needed for a Children's Education Workshop. Cohncil Member Pratt moved that the closing of the street be approved subjecl to the coordination of the City Manager, Regular Adjourned Session. September 2, 1980 hn~nity agreement to Corpora 1. Seconded by Council Meta- l bev Brady. Carried by the following vote: Yeas-Mayor Farrell Council Mem- bers Brady, King, Pratt. Nays-None. Absent-Council Member Felderman. Proof of publication, certified to by the Publisher, of Notice of Opportunity for Public Hearing on design of North-West Arterial (U.S. 20 to Pennsylvania Ave.~. presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by bouncil Member Pratt. Car- ried by tile following vo;e: Yeas-Mayor Farrcll, Council Mem bors Brady, King, Pratt. Nays-None. Absent-Council Member Feldcrman. Communication of Dubuque County Conservation Society requesting Public Hearing be held on proposed channeliza- tlon of Catfish Creek. presented and read. Conncil Member King moved that the communication be received and filed. Sec- onded by Council Member Pratt. Carried by the following Yeas Mayor Farrell. Council Mem- bers Brady, King, Pratt. Nays-None. Absent-Council Member Felderman. Communication of City Manager sub- mitring Resolution directing a Public Hearing on design of North-West Arteri- al Roadway, presented and read. Council Member King moved that the commmdcation be received and filed. Seconded by Council Member Pratt. Car vied by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, King, Pratt Nays-None. Absent-Council Member Felderman. RESOLUTION NO. 270-80 A Resolution Providing for a Public Hearing on Plan Design of North. West Arterial. WHEREAS, a Corridor Location Pub- lic Hearing was held on the North-West Arterial on July 14. 1978', and WttEREAS. a final Corridor Location was granted by thc Iowa Department of Transportation on December 4. 1979: and WHEREAS. a contrac; for design of the sec;or of the North-West Arterial from U.S. Highway 20 to Pennsylvania Avenue was authorized by the City Coun- cil with Brite Petrides and Associates on January 22. 1980; and WHEREAS. the construction of the North-West Arterial from U.S. Highway 20 to Pennsylvania Avenue is an integral elemcnl in the development of the Red- ford Industrial Park: and WHEREAS, the City Council, by Reso- d Session, September 2, 1980..--.~.4.] Nays~No~e- Absent-Council Membet ]~ elderman. [Fins Estimate) RESOLU'flON NO. 271 80 sign WHEREAS, the contract for the St. Un~S 20 to · ~, rm Sewer has been e, and Mary' Str. ee; ?~o · s d and the City Engineer has sub' ~',,~REAS, the complete. . , q,~ateshowingthccost w~2~e days aft ,.' ~ was mittedh~sf~na~'e~'~;~cost°~es~imateS' aug~,~ kc ,ublication of the seeo-~ ~ . plat ..... on, BE IT RESOLV the ~a~e ,~ r a .~"st 15, 1980, to com- ~ NOW THER~ .~,~ ~F THE tire which was ~us~a .~,orrequesta / ~uv 'PRE cITY C0Uk~'~ ' ' erin; and CITY uv ~, ' 'd im rovemen~ ~- pubh~ He -~. ~- Dubuque County ~ That the cost oi san_ ~ a01 22 WHEREA~, '0~ · ~n a letter/ _ ~_~eterminedto~e¢ .... ...',,~.. C°~?~2':5~ ~a,~S0, ~aa~ ~? ~,7~t ~n~ none m ~Y't~te property and datea A~: Council requests a ~u]~ assessable pP~ P~]id [rom the GnmmU- buqu~ ~,l~,~ ~esi~noftheNortn-"es'[ $30,401.22sna"'~] ..~ of the City o[ Hearl~gon~t~e~ ~ ~ nitv Developmenr ru,,- After al project. , RESOI V ~ ( e ' --,~,,~oEFOREBEI~ ~-.-~ ~ Dubulu ' - ~a and approved th~s cITY OE ,.~. · the City Clerk be ~ ~-~ Ca Y Section 1. ~,,a[, . .otices for a de- t Mayor . cig. ~tlppC } U S Highway 20 to pen?- I D. ~ie~ pratt Artertal lrom ' 'The p-st notice to ~e I Mienae · sylvania Avenue. ~.. *.'~vs urior ~ the [ Conned Members Public Hearing an~. 40'~avS t)rior to the ~ Mary A. Davis bepublishe~rom o ~° ..... ~ C~ty Clerk ....... ed adoption PublicHear~g~ ~ the ~gn public t CouneilMember~ra;;:~ b" Council Section ~. ~.a~ forth-West [ ~f the Resolution. Hearing for the ~ay 20 and ~ ~amber King. Carrmu -Y 18, 19~, a~ Yeas-Ma~or r City o[ Dubuqu.~.. ~eater at 7:30 p.m. ' theFN~ass~d,Fla~s ~we ~opted, and approved ~ Nays~Noae. this ~ ~ers Brady, Krug. prat;. Absent-Council Member Felderman. 2nd day o~ September,carolyn Ferret1980' aeso ution Acceptln~ Improvement) [ (Aoc~nLUllON NO. 272-80. JamesMay°rE. Brady ~ WH~XS, the contract for ta~ Michael W. pratt completed a~d th~ .~)?,,;~ hi~ ccrtifi Council Memhers ~ examined the wo~g an~ h~ s been com~ aq,mSST' ~ cate stating t?t }h~,,'~s o~ the cnn- City Clerk· .r~n~ moved adoption ~ ira ~ Plts'aeeepLance' ~ ...a~ Council Me~er ~* ~nded by Council [ men~J ~.~wnEFOgE BE IT o[ ~he Resdutmn. S~c~'L .~.ekofiowing / NO~,J¢¢~'~Ty coUNCIl, OF Member pratt. Carneu .y .. ~ ED B~.~,n(,aUE' IOWA: ,. vo~. aa~.,or Farrefi, uoune- ~ That the recomm~q -a that said im CommUnieat~op m ~Marv'sStreet ~ BP.,~]~.~.rerbeandheishere'y~x ~'~ ',~oil Member prat~ move- -- re. A / Devclopmen; ~'.~"'. .... t less any re ~i~; by the following vote. 842 Passed. adopted, and approved this 2nd day of September, 1980. Carolyn Farrcll Mayor James E. Brady D. Michael King Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Memher Pratt moved adoption of the Resolution Seconded I)y Council Member King. Carried by the following Yeas-Mayor F'arreil, Council Mem- bers Brady. King, Pratt. Nays-None. Absent-Council Member Felderman. Communieatlon of City Manager sub- mitring Ordinance providing for in creased sewer rates of 15% effective with billings on and after October 1,1980, presented and read. Council Member Pratt moved that the communication he received and filed. Secended by Council Member King. Car rled by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, King, Pratt, Nays-None. Absent-Council Member Felderman. Communication of a City Taxpayer ob. of Delos Dorwcilcr objecting m sewer Bauhn objcctiong Lo sewer rate increase presented and read. Council Member Pratt moved that thc communications De received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farrell Council Mem- bers Brady, King, Pratt. Nays-None. Absent-Council Member Fclderman. Frank Murray, Public Works Director, set out severa~ schedules which clarified the City's viewpoint in regard to the pro- posed rate increase, giwng facts and figures about tile Dubuque Packing Co., and expected revenue and tax losses il the Pack left Dubuque. also setting out the various amounts that residential sew- age bills will increase. Al Engling, 1788 Keyway, questioned the rate schedule for Asbury and stress- ed that with his large family his bill was already $100 for two months, and thought that a rate inert, nsc did not provide any guarantee of the Pack staying. Mr. Murray responded that Asburv is billed at 150% of the rate paid by thc City residents. Alfred Polsean. 3515 Crescent Ridge stressed amy 1900 people will be helped Regular Adjourned Sesslo . September 2. 1980 T~ack, not the stated 240~, because the Beef Kill will still be lost. also very glad he doesn't have City Sewer at his residence. Charles Putchio, 2485 White. ques- tioned whether all industries were gzven the same break, and stated his pay valses only 9-10% a year. while this is a 15% rate increase, John P. Klauer, 1927 University, stresse, d that the figures given offer no comparison to other industries, and any Council Member who had accepted cam- paign eontributlons from Pack personnel should refrain from voting on this Or- dinance to aM the Paek. Donald Deieh. 2605 Washing;on, stressed this aid is setting a precedent, also that the sewage treatment plant has never worked properly and is definitely against filling the new administrative po- sition now open at the plant. Joel Glennon, 1004 Davis. objected to the heavy percentage increase. Richard Vorwald. 1091 Thomas Place. voiced strong objection to the increase ~n Kay Boardman. 9l Burns, questioned living up to eonu.aets signed by the in- dus;rms. Frank Shepherd, 887 Edison. thougb a Deere worker, stressed present diffieulty in living within his budget, without addi- tional utility inereases, also stressed grave hardship mi the elderly and laid off l'esidcnts. Elaine Lagrrstrom, 2605 New Haven. agreed with efforts to keep the Pack, but pointed out that the average wage of the Pack workers is greater than others, and questioned if this aid makes a signiBeant difference ~o the Pack. because ~; does greatly Lo the average person. John Sullivan. i965 Alta Vista. also a Deerc worker feeling the eeonomie pinch. as his salary has not risen to the degree that utility rates etc. have increased. Council Member Pratt requested clari- fication of the allegation ;o the Council Members set out by Mr. Klauer. Mr. Klauer then stated Mr. King and Carolyn Farrell had received specific amounts from R. G, Wahlert and Mn. Less and Mr. Stoltz from the Pack. (Jouneil Member Brady stressed that we had gone to tim Pack, not the other way around, and he would like to see in- dustrial sewage rates in other cities, and that we still do not have a completely Iunctioning treatment plant and until we do and find out what amount of fines we owe in the federal court, that this entire Ordinance should be tabled for a period of a month, also stressing we should have some guarantee from the Pack. Mayor Farrell stated that the quality Regular Adjourned Session, September 2, 1980 343 of life inthe City is of major importance and this includes what is good for all thc neighborhood is helpful to all city wide. Though nothing is guaranteed, she feels it is in her best opinion, that the jobs be kept here if at ali possible and job secur- ity be maintained. ORDINANCE NO. 60.80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BY REPEALING SEC. TION 36.58 OF DIVISION 4 OF ARTICLE II "RATES" AND ENACTING A NEW SECTION 36-56 OF DIVISION 40 F A RTI- CLE II IN LIEU THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES, presented and read. Council Member King moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers King, Pratt. Nays-Council Member firady. Absent-Council Member Feldcr~nan. Council Member King moved that the rule requiring an Ordinance to be re~ ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded hy Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Members King, Pratt. Nays-Council Member Brady. Absent-Council Member Feldernmn. ORDINANCE NO. 60-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA BY REPEALING SEC- TION 36-56 OF DIVISION 4 OF ARTICLE II "RATES" AND ENACTING A NEW SECTION 36-56 OF DIVISION 4 OF ARTI. CLE II IN LIED THEREOF TO PROVIDE FOR REVISION OF SEWER RATES AND CHARGES. NOWTREREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the Code of Ordill~nces of the City of Dubuque, iowa be amend~d by repealing Section 36-56 of Division ~ of Article 11 "Ra~es '* and enac!i~g a new Section 36-56 of Divisilm 4, "Rates," of Article H in lieu thereof to p~vvide as jbllows: ARTICLE H'Division ~ Rates Section 36.56 Established water consuvlption on the Jbllowing fa) Basic charges: The sewage ?~tes a?~d cha~qes shall be based on the quan- tity of water used on or i~ the property or meters rwill be read monthly (or a period equalling once every month), bimonthly for a period equalling once every two monlhM. Payment for the sewage service charge shall be paid to the city's collec- tion agent at the same time payment is mmle Jbr water service. (b) Schedule of rates: Monthly Rates - Rates per each 100 cubic J~e t SL 1.6. (¢) Service Charge: 344 Regular Adjourned Session, September 2, 1980 charged into the s~mitary sewer system shall be determined by the city in such a manner as the city tna~ger may elect i~ order t, establish the rate of charye as provided in this divisio?~ or the owner or other interested p~rties at his expense, may install and maintain a sewa~le ?~t e ter acceptable to the city for said purpose. f4] The City Council may, in its dirtie- r!ow. upo;~, applicatim~ permit connecti.n to the city sanitary sewer system qf pro- pert!es located outside the corporation limits upon such terms and cmldition:~ as Meter Allowance (inches) Min. Charge (cubic feet) 5/8 $2.30 200 ,?/4 0. 20 800 l 14.95 1,300 l 1/4 24.15 2,100 1 I/2 29. 90 2, 600 2 52.90 4,600 3 121.90 10,800 4 193.20 16,800 6 423.20 36;800 8 718.75 6~2,500 Meter BbMonfhly RatesAiiowance (inches) Min. Charge (cubic feet) 8/8 $4.60 400 3/4 18.40 1,600 I 29. 90 2, 600 1 1/4 48.30 4,200 l l/2 59.80 5,200 2 105.80 9,200 Provisilms of this ordiIzance shall be applicable Jbr all billings on and after Oc~ tober I, 1980. This m'di?u~nce shall be in f~ ll force and ~.~?bct on October L 1980 after ils final Council Member King moved final Nays-None. OF DUBUQUE, IOWA, BY ENACTING A NEW DIVISION 3 oF ARTICLE IV COM- PRISED OF SECTIONS 33-90, 33-91 AN D 33-92 THEREOF PROVIDING FOR THE REPAIR OF SIDEWALKS, pre- reading just had be considered the first Regular'Adjourned Session. September 2, 1980 345 Yeas-Mayor Farrell. Council Mem- bers King, Pratt. Nays-None. b. bsen~-Council Member Felderman. Brady. Council Member Pro;; moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council Mem- ber King. Carried by the following vo;e: Yeas-Mayor Farrell. Council Mem- bers King, Pratt. Nays-None. Absent-Council Member Felderman. Brady. ORDINANCE NO. 61-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW DIVISION 3 OF ARTICLE IV COM. PRISED OF SECTIONS 33-9{L 33-91 AN D 33.92 THEREOF PROVIDING FOR THE REPAIR OF SIDEWALKS, NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: trod be collected with and iv the same property," Passed. adopted, awl approved this 2nd dt~y of September. 1980. Carolyn F(vrrell Mayor D. Michael King Michael k~ I~ratt A TT/~2S kq' Council Members Mary A. Davis City Clerk Published ofjwially in the Telegraph IIerald newspaper this 8th day oy Sep- Iemben 19861. Mary A. Davis Council Member Pratt moved final adoption of thc Ordinance. Seconded by Council Member King. Carried b3 the roi Yeas Mayor Farre]l. Council Mom bets King Pratt. Nays~None. Absent-Council Member Fcldermal.. Brady. Council Member King morea [o recon- sider the Sidewalk Ordinance. Secundcd by Council Member Pratt. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas Council Member Kine. Nays-Mayor Farre]l. Council Member AbstaiwCouncii Member Brady, Absvnt-Councll Member Felderman, MOTION FAILED. Communication ol City Manager questing the use of Housing and Block Grant Fnnds for equipping Housing Set. rnent Office not to exceed $f6.000 from earned administrative fees in Section 8 ffousing Program and $7.000 from FY '81 contingency fund of the Conlmunitv De 346 Regular Adjourned Session. September 2, 1980 Yeas Mayor Farrell. Council Mem~ bors King, Pratt, Nays-Council Member Brady. Absent-Council Member Felderman. Attorney Robert Bertsch, represent lng Carl Burbach. stressed that the pro potties in question have been in the City for a number of years and definitely should be provided with sewer, also stressing that there is a health problem with the present sewer system at Resur- rection, Alfred Polsean stressed thc fact that City services should be provided with this land rather than the City eontimm to annex further land that it cannot serve. Commil Member Pratt further moved that they accept the City Manager's re- cmnmendation and direct City Staff to re- view with appropriate parties (Resurrec tion Church and Carl Burbachl for pos sible solutions, and further explore tbe sewer problem with the parties. Second ed by Council Member Brady. Carried by tile Iollowing vote: YeasMayor Farrell, Council Mom bors Brady, King, Pratt. Nays-None. AbsenLCouncil Member Feldcrman. Communication (ff City Manager re- commending acceptance of Warranty Deeds for property on J.F.K.Road widen- lng project, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by ~he following vote: Yeas-Mayor Farrell. Council Mom bors Brady, King, Pratt. Nays-None Absent-Council Member Felderman. RESOLUTION NO. 273.80 WHEREAS. the City of Dubuque, Iowa. has acquired the real estate herein- after described from Thompson Food Markets. Inc. WHEREAS. said persons have deli- vered a Warranty Deed conveying real estate to the City of Dubuque. Iowa. de scribed as: Lot 2 of Lot 2 el Lot I of Lot 2 el Westvit!w Shopping Cnntcr Place in the City oI I)ubuque, except tbe south one hundred fifty Ieet (150') of the east [hree hundred feet {309') of Lot 1 of Lot 2 of Westvicw Shopping Center Place in the City of Dubuque. as shown on the at- tached plat Exhibit "A': and WHEREAS. said delivery of deed dMed January 17, 1980, by said persons to the City of Dubuque. Iowa would be ac- cepted; NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUq[JE IOWA: Section 1. Tbal the delivery of War.. panty Deed by Thompson Food Markets. Inc. dated January 17. 1980. conveying to the City of Dubuque. Iowa. the herein- above described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed [o cause said Warranty Deed to be recorded in the Office of the Dubuque County Re- corder together with certified copy of this Resolution Socfion 3. That the City Clerk be and is hereby directed to ~orward a certified copy of this Resolution tc the Dubuqhe City Assessor and the Dubuque County Auditor. Passed. adopted and approved this 2nd day of September. f980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt Conned Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member King. Carried by the following Yeas Mayor Farrell. Council Mem- bers Brady, King. Pratt. NaysNone. Absent-Council Member Felderman. RESOLUTION NO. 274-80 WHEREAS. the City of Dubuque, Iowa has acquired the real estate herein- after described from Asbury Springs, LTD., Powers Land Co. and David J. Powers and Paul W. Powers. individu- ally. WHEREAS, said persons have defiw ered a Warranty Deed conveying real estate to ~he City of Dubuque, Iowa, described as: Lot 9 of Lot 1 of Block 5 in Asbury Springs Subdivision No. 4 and Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot l of Lot I of Lot I of Power's Place in the City of Dubuque. as shown on the at- tached plat Exhibit "A": and WHEREAS. said delivery of deed dated August 11. 1980, by said persons to the City of Dubuque. Iowa. should be ac- cepted: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of War- ranty Deed by Asbury Springs, LTD.. Powers Land Company, and David J. Powers and Paul W, Powers. individual- ly, conveying m thc City oI Dubuque, Iowa. the hereinabove described real estate be and the same is hereby ac- cepted. Suction 2. That the City Clerk be and Regular Adjourned Session, September 2, 1980 347 is hereby authorized and directed to cause said Warranty Deed to [,)~e recorded in the 0ffiee of the Dubuque County Re: corder together w!th certified copy of this Resolution. Section 3. That the City Clerk be and is hereby dieected to forward a certified copy of this Resolution to tile Dubuque City Assessor and the Dubuque Cguuty Auditor. Passed, adopted, and approved this 2nd day o£ September, 1980 Carolyn Farrcll Mayor James E. Brady D. Michael King Michael W~ Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolntion. Seconded by Council Member King. Carried by the folh)wing vote: Yeas~Mayor Farrell, Council Mcm~ bors Brady, King, Pratt. Nays-None. Absent-Council Member Felderman. RESOLUTION NO. 275.80 WHEREAS, the City of l)abuque, Iowa has acquired the real estate herein~ after described from John A. Link and Esther M. Link. WHEREAS, said persons have deliv- ered a Warranty Deed conveying real estate to the City of Dubuque, Iowa, de scribed as: Eot 2 of Lot 2 of Lot I of Lot 2 of Wes/view Shopping Center Place in the City of Dubuque, except the south one hundred fifty feet (150'I of the east three hundred feet (300') of Lot 1 of Lot 2 of Westview Shopping Center Place in the City of Dubuque, as shown on the at taehed plat Exhibit "A"; and WREREAS, said delivery of deed dated January 29, 1980, by said persons to the City of Dubuque, Iowa should be ac- cepted; NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc delivery of War- ranty Deed by John A. Link and Esther M. Link, dated January 29, 1980, convey* lng to the City of l)ubuque, Iowa, the hereinabove described real estate be and the same is hereby acee~ted. SectiOn 2. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Re- em'der together with certified copy of this itesolutlon. ecfion 3. l'hat the Cty Clerk be and is bereby directed to forward a certified Auditor. RESOLUTION NO. 276,80 WHEREAS, the City of Dubuque, Iowa, has acquired the real estate herein aRer described from PhiSp A. Powers and Martha F, Powers. WllEREAS, said persons have deity ered a Warranty Deed conveying real estate to the City of Dubuquel Iowa, de scribed as: Lot 2 of Lot I of Block 5 in Asbury Springs Subdivision No. 4 and Lot 2 el Lot 1 of Lot I of Lot 1 of Lot l of Lot 1 of Lot 1 of Lot I of Powers Place in the City of Dubuque, as shown on the tached plat Exhibit "A'; and WHEREAS, said delivery of deed dated July 20,1979, by said persons to the City of Dubuque, Iowa should be ac cepted: NOW THEREFORE lie rP RESOLV- ED BY THE CITY COUNCIl, OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of War ranty Deed by Philip A: and Martha F. Powers dated July 20, 1979, conveying to tbe City of Dubmtue, Iowa the herein above described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and is bereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Re- corder together with certified copy of this Rcsolutbm. SecBon 3. That the City Clerk be and is hereby direct;ed to forward a certified copy of this ltesolutbm fo thc 1)ubuque City Assessor and the I)ubuque County Auditor. 348 Regular Adjourned Session, September 2, 1980 Passed, adopted, and approved this 2nd day of September, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W~ Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Connca Member King. Carried by the following vote: Yeas~Mayor l?arrell, Council Mem- bers Brady, King, Pratt. Nays~None. Absent-Council Member Felderman. Petition of Riw~rside Tractor-Trailer Co. requesting to lease property next to their building at 1190 Roosevelt and Kef- per Blvd., presented and read. Council Member King moved that thc petition be received and filed. Seconded by Counell Member Pratt. Carried by the following vote: Yeas-Maym' Farrcll, Council Mem- bers Brady, King, Pratt. Nays None. Absent. Council Member ])'elderman. RESOLIJTION NO. 277-80 WHEREAS, City of Dubuque; Iowa proposes to enter into a Lease for certain city property with Riverside Tractor- Trailer, Inc. which, among other things, shall provide for a leasehold term of seven (7) years commencing mhlnight on September 15, 1980 and terminating Sep~ tember 14, 1987; and WItEREAS, the City Council of the City of Dubuque, Iowa has examined said Lease and finds the same is acceptable; NOW THEREFORE BE IT RESOLV- ED BY TRE CITY COUNCIL OF TIlE CITY OF DUBUQIJE, IOWA: Section ~.Tbat the proposed Lease by and between tile Cty of DubmlUe~ Iowa and Riverside Tractor-Trailer, Inc, cover- ing the following dcserlbed real estate: A portion of Lot i Bleck I in Riverfront Subdivision Number 5 in the City of Dubmtue, Iowa to wit: From the east property line of Kfigore Street 64 feet easterly and from the north property line el Roosew0t Street 365 feet south~ erly, comprising 0.53 acres be and the santo is hereby approved. S~oIIon 2. That the City C she is hereby directed to cause notice of intent to enter into Said Lease by thc City of Dubuque to be publlshed in accordance with law. S~cUoa 3. That said Lease shall be subject to the approval Of the United States Army Corps of Engineers at Rock Illinois. Passed, adopted, and approved this 2nd day of September; 1980. Carolyn Farrel[ Mayor James E. Brady D. Michael Ktng Michael W. Pratt Council Members ATTIgST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution with hearing scheduled for Sept. 15, 1980. Seconded by Council Member pratt. Carried by the following vote'. Yeas Mayor Farrefi, Council Mem- bers Brady, King, Pratt. Nays-None. Absent-Council Member Felderman. Application for transfer of Beer Permit [or Randall's International, Inc. [rom 2600 Dodge Street to 3500 Dodge St. (Warren Plaza) for September 9th to September goth, presented and read. Council Member Pratt moved bLat the transfer be approved. Seconded by Coun- cil Member King. Carried by the follow- lng vote: Yeas-Mayor Farrell, Council Mem- bers Brady, King, Pratt. Nays-None. Absent-Council Member Felderman. RESOLUTION NO. 2~8.80 BE T£ RESOLVED, By the City Coun- cil of the City of Dubuque, Iowa, blat the fo owing, having complied with the pro- visions of law relating tu the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Velma Curran - 2372 Central Ave. Mary L. Demmer -- 1445 Central Ave. Passed, adopted, and approved this 2nd day of September, 1980. Carolyn Farrefi Mayor James E. Brady D. Michael King Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved kdoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, King, Pratt. Nays-None. Absent-Council Member Felderman. RESOLUTION NO. 279-80 WltEREAS, Applications for Beer Permits have been submitted and filed to 349 Regular Adjourned Session. September 2. 1980 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 TIfEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That thc Manager be authorized [o cause to be issued to the followinl~ named applicants a Beer Permit: CLASS "B" BEER PERMIT Holy Trinity Church ,Also Sunday Sales' 1700 Rhomber~ Ave. CLASS"C" BEER PERMIT Randall's International [nc. (Also Sun- day Sales -- 3500 Dodge St. Passed. adopted, and approved ~his 2nd day of September. 1986. Carolyn Farrell Mayor James E. Brady D. Michael Ring Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pra£t moved adoption of the Resolution. Seconded by Council Member Ring. Carried by tl~e following vote~ Yeas-Muyor Farrelh Council Mem- bers Brady, King, Pratt. Nays-None. Absent-Coum.il Member Felderm~m. RESOLUTION NO. 280.80 WHEREAS. Applications for Li0uor Licenses have been submitted to this Council for approval and the same have been examined and approved: and WHEREAS, the premises to be ecru pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bunds: NOW THEREFORE BE IT RESOLV ED BY TIlE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: That the Manager be authorized to eaus~ to be issued to the following named applicants a Liquor License. CLASS "C" [COMMERCIALI BEER AND LIQUOR LICENSE Mary L. Demnler 1445 Central Aw~. Jerry Lee James 1899 Rockdale Rd. Happy's Plave Inc. ,Also Sunday Sales 2323 Roekdale Rd. Melvin A. Spiegelhalter ~Sundav SMes Only) -- 1029% Main St. Windsor Tap Co. (3nndav Sales Only) -- 2401 Windsor Ave. Passed. adopted, and approved this 2nd day of September. 1980. Carolyn Farrell Mayor ,fames E. Brady D. Michael King Michael W. Prat[ Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adopuon of the Resolution. Seconded by Council Member King Carried by the following Yeas-Mayor Farrelh Council Mem- bers Brady, King, Prat~ Nays.None, Absent-Council Memoer Felderman Printed Council Froeeedings ~or [he months of March and April, 1980. pre sented for approval. Council Member Pratt moved that the proeeeding's be approved as printed. Seconded by Council Member King. Car Lied by the following vote: YeasMayor Farrell Council Mem- bers ib'ady,, King, Prat t. Nays None. Absent Council Member Fehtcrman. MINIJTES SUBMITTED - CableTV Commission of 8-5: Dock Commission of 8 5; Playground and Recreation CommJs sion of 8 lh Transit Board of 740 and Earning Statement for month of Jmv 1980, presented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Counell Member King. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, King, Pratt. Nays-None, Absent-Council Member Felderman. NOTICES OF CLAIMS - Brian Durr by Mary g. Durr (mother) in undeter mined amt. for injuries received at Muni cipal Pock Mrs. Daniel }hgginbotham in amt. of $50 for personal injuries; Lyda M. 350 Regular Adjourned Session, September 2, 1980 Yeas~Mayor Farrell. Council Mem- bers Brady, King, Pratt. Nays~None. Absent+Councll Member Felderman. Proofs of publication, certified to by the Publisher, of Notice of Annual per- fm'mance reports on file; List of claims, receipts and expenditures for month of July, 1980, presented and read. Council Member Pratt moved that the proofs of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, King, Pratt. Nays-None. Absent-Council Member Felderman. Notice of Intent to suspend nonstop and]or single plane service on or after Oc- tober 26, 1980 from Ozark Air Lines, Inc. at various airports, presented and read. Council Member Pratt moved that thc Notice of Intent be received and filed and referred to tbe Airport Comnfission. Seconded by Council Member King. Car- ried by the fofiowing vote: Yeas~Mayor Farrell, Councfi Mem~ bors Brady, King, Pratt. Nays-None. Absent-Council Member Feiderman. Communication of Win: Jones, Coordi- natur of Mayor's Summer Youth Employ ment Program, submitting final report un program, presented and read, Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car~ tied by the fofiowing vote: Yeas-Maynr Farreli, Council Mem~ hers Brady, King, Pratt. Nays None. Absent-Council Member Felderman. Communicatinn of City Manager ad~ vising City Council of the disposition of five requests for street lighting, pre~ sented and read. Council Member Pratt moved that thc communication be received ami filed. Seconded by Cmmcil Member King. Car tied bY the fl)llowing vote: Yeas~Mayor Farrell, Council Mem- bers Brady, King, Pratt. Nays:None. Absent-Council Member Felderman. There being no further business, Coun- cil Member Pratt moved to adjourn. Seconded by Council Member King. Car- ried by ~he following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, King, Pratt. Nays-None. Absent-Council Member Felderman: Mary A. Davis City Clerk Approved ...................................L......1981 Adopted ............................................. 1981 Council Members ATTEST: City Clerk Special Session, September 15. 1980 351 CITY COUNCIL OFFICIAL Special Session. September 15. 1980. Council met at 7:30 P.M. (C.D.T.) Present*Mayor Farrell, Council Members Brady, Felderman. King, Pratt. City Manager W. Kenneth Gear- hart. CorporationCounsel R. N. Russo. Mayor Farrefi read the call and state~ that service thereof had been duly made and this meeting is called fl)r the purpose of AMENDING TIIE ZONING ORDI- NANCE TO ESTABLISH A C-7 GEN- ERAL SERVICE AND WIIOLESALE COMMERCIAL DISTRICT CLASSIFI- CATION ON CERTAIN PROPERTIES IN THE CENTER SECTOR OF THE TERRITORY INVOLUNTARILY AN- NEXED TO THE CITY OF DUBUQUE, IOWA. and acting upon such other business as ma~ come before thc ConnciL Invocation was given by Rev. James Medlock of the Church of Christ. PROCLAMATIONS September 17th thru 23rd as "Constitution Week." received by Mrs. Kenneth Apel: October 5th as "CROP Hanger Walk Day," re ceived by Sister Helen tIuewe: October 5th thru 12th as "Respect Life Week." Proof of publication, certified to by thc Publisher. of Notice of Public Hearing to Amend Zoning Ordinance to establish a C-7 General Service and Wholesale Com- mercial District Classification on certain properties in the Center Sector ol the ter- ritory involuntarily annexed to the City of Dubuque, Iowa, presented ami read. No written objections were filed and no oral nbjectors were presell; in the Council Chamber at the time set for the Hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following Yeas-Mayor Farrelh Council Mem bets Brady, King. Felderman. Pratt. Nays-None. ORDINANCE NO. 62-80 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." TO AMEND THE ZONING MAP TO ESTAB- LISH A C-7 GENERAL SERVICE AND WHOLESALE COMMERCIAl. DIS. TRICT CLASSIFICATION ON CERTAIN PROPERTIES IN THE CENTER SEC- TOR OF THE TERRITORY INVOLUN- TARILY ANNEXED TO THE CITY OF DUBUQUE,,IOWA, said Ordimlnee hav- ing been previously presented and read at the Council Meeting of Augusl 18. 1980, presented for final adoption. ORDINANCE NO. 62.80 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITYOF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA". TO AMEND THE ZONING MAP TO ESTAB- LISH A C-7 GENERAL SERVICE AND WHOLESALE COMMERCIAL DIS- TRICT CLASSIFICATION ON CER- TAINPROPERTIES IN THE CENTER SECTOR OF THE TERRITORY INVOL- UNTARILY ANNEXED TO THE CITY OF DUBUQUE. IOWA. WHEREAS. lh~ City Dj Dubugue, Iowa annea ed certain le rritm .~ on dune 1. 1979. pursuant to aj~l order of the Citu Development Board ~.f the state anal WHEI~EAS. by Ordinance No. 39Wk the Citer Council established tempo~'ary cb~sifications according ~o procedures prescribed in Article VIII of the Zoning Ordinance. study Dj bind uses avxl zoning chess; Cica- ~HEREAS. ~he Commission lar uses. ~ith a vieu w conserving value of buiMings a~d encouraying the area and the City; WtIEREAS. all req ~irements oJ Arh- cie VIII Section 8 of Appe~dix A of Code o] Ord~mtnces of the City oy Dubu- WtlEREAS. all requirements of Chupter 414 Code t. r lowa 1979 with re- yard to the preparation of the report the Zoni*tg Commissi¢m and subsequent" action of the City Council have been me t; NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 352 Special Session. September 15. 1.980 5 CENTER SECTOR ANNEXATION AREA .~ exhibit "A" Published officially in the Telegraph Herah] newspaper this 191h day of Sep~ Citu Clerk Council Member Pratt moved 1inal adoption of the. Ordinance. Seconded by Council Member King. Carried by the roi lowing vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman King, Pratt. Nays-None. Proof of publication, certified to by the Publisher. of Notice of Public Hearing ~o amend the Zoning Ordinance to reclassify proper~y described as "Lot 21 in Jaeger Heights" from R-2 Residential District. presented ami read. No written objections were filed and no oral objectors were presen~ in the Council Chamber at the time set for the Hearing. Special Session, sePtember 15~ 1980 353 Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt Car~ ried by the following vote: Yeas-Mayor Farrell, Council Mem~ hers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 63.80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RE- CLASSIFYING LOT 21 OF "JAEGER HEIGHTS" IN TH E CITY OF DUBUQUE, IOWA, FROM R-2 RESIDENTIAL DIS- TRICT CLASSIFICATION TO R-3 RESi- DENTIAL DISTRICT CLASSIFICA- TION, said Ordinance having been prevL ously presented and read at the Council Meeting of August 18, 1980, presented for final adoption. ORDINANCE NO. 63-80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RE. CLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY FROM R.2 RESI- DENTIAL DISTRICT CLASSIFICATION TO R-3 RESIDENTIAL DISTRICT CLAS. SIFICATION. 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 Dubuw~e; lowv, be amended by revising Appe~ Iix A there- of also known a.~ the '~oniny Ordina~c~ anti Zonivg Map of the City of Dubuque, Iowt~' to reclassij~l here[rafter de- scribed property j~'om "R-2 Residential District" chtssq~cation to '7~ Reside~l~ Lot 21 of "Jaeger Heights"in the Ci y Sect!on 2. That thc ibrd!yoUng avle~ld- men[ has heretoJbre been approved hy th ~ Plann~lg and Zoning Com~n~ssl,on oJ City Clerk Published o/]~cially in tbre Te eep[?h Herald newsp;q~er tills 19th day o~ Sel~ tember, 1980. Ma~9 A. Davis City Cleric It 9/19 Council Member King moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following w~tc: Yeas Mayor Farrell, Coumdl Mom hers Rrady, Felderman, King, Pratt. Nays None. [)roof of Imtdication, certified to by the Publisher, of Notice uf Public Hearing to enter into a Lease with Riverside Trac- tor-Truiler~ Inc. for approximately 0.53 acres of land located next to thcb, build lng on Industrial Island, presented and read. No written objectiqns were filed and no oral objectors were present in tile Council Chanlber at the time set for the tlearing. Council Member King mnved that the proof of publication be receiw~d and filed. Seconded by Council Member Felder man. Carried by the folll)wing vote: Yeas Mayor FarreH, Council Mere hers Brady, Felderman~ King, PraU. Nays~None. Com~nunication of Dock Commission approving said Lease subject [o insur ance changes; presented and read. Council Member King moved that the communication be received and fi]ed. Seconded by Council Member Folder man. Carried by thc fl)flowing vote: Yeas Mayor Farre[I, Council Mem~ bets BrUdy, Felderman, King, Ih'att. Nays-None. RESOLUTION NO. 281-80 WIIEREAS, pursuant to Resolution and published notice of time and place (if hearing, published in the Telegraph-lief aid, a newspaper of general circulation, published on September 3, 198(I, in thc City of Dubuque, Iowa, tile City (]ouncil of thc City of Dubuque, Iowa met on the 15th day of Septeniber, 1980 at 7;30 o'clock P.M. (CDT) in the City Council Chambers in the City ltalL l)uhuque, Iowa to consider thc proposal to enter into a Lease Agreement hy and between tile BOARD OF DOCK COMMISSION- ERS of the City of Dubuque, Iowa, as Lessor, and RIVERSIDE TRACTOR 354 Special Session. September 115. 1980 under the terms and conditions of said Lease Agreement set out therein: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: $ocBon 1. That the proposal to enter into a Lease Agreement by and between the BOARD OF DOCK COMMISSION- ERS of the City of Dubuque, lows and RIVERSIDE TRACTOR-TRAILER. INC.. as Lessee. covering a tract of land fully described in said Lease Agreement, a copy of which is hereto attached, and by reference made a part hereof as though fully set out herein, be and the same is hereby approved under the terms and conditions of said Lease Agreement. Sentlor~ 2. That the Mayor and the City Clerk be and they are hereby au~ thorlzed and directed to execute said Lease Agreement for and on behalf of the City of Dubuque, Iowa. Secfion 3. That the City Clerk be and she is hereby directed to file a certified copy of thls Resolution in the office of the Dubuque County Recorder and the office of the City Assessor, Passed. adopted, and approved this 15th day of September, 1980. Carolyn Farreli Mayor James E. Brady D. Michael King Michael W. Pratt John L. Feldernlan Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption nf the Resolution and approval of the Lease as amended. Seconded by Council Member Feldcrman, Carried by the fol- lowing vote: Yeas~Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Proof of publication, certified to by the Publisher. of Notice of Public Hearing to amend Zoning Ordinance to establish a PI Planned Industrial Classification on "That part of Lot 1of l of I of Cedar Ridgr Farm lying north of Cedar Cross Road: that part of Lot 1 of 1 of 12 of M.L. 218 and Lot 3 of M.L. 221 all in Sec. 34. T89N R2E (Nemmers Propertyl, pre- sented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Car- tied by the following yom: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays~None. Communicatbm of Attorney Hughes submitting Agreement ~o the develop meat of the Nemmers proper~y which would allow development to proceed on the proper~y that has been graded, and delay development of balance of property for a period of time. presented and read, Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King. Pratt. Nays-None. Petitions of residents of Knob Hill and Camilla Court. residents of property ad- iacent to Cedar Ridge Farm (Dr. Nem- mers' Proper~yL residents of Southga~e Drive, objecting against any further dustrial and or commercial development of Cedar Cross Road, and Knob Hill Co. objecting to any Industrial and or Com~ mercial Development on Nemmers pro- perry, presented and read. Council Member King moved that the petitions be received and filed. Seconded by Council Member Pratt. Carried by the following yom: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None Proof of Publicatior.. certified to by the PuNisher. of Notice of Public Hearing to amend Zoning Ordinance to establish an AG Agricultural District on Nemmers Property located on Cedar Cross Road presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Proof of Publication. certified to by the PuNisher of Notice of Public Hearing to amend Zoning Ordnance to establish an R-3 Residential District on Nemmers Property located on Cedar Cross Road. presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas~Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member King moved to sus- pend the rules to let anyone present ad dress the Council if they so desire. Seconded by Council Member Pratt, Car- ried by the following vote: Yeas-Mayor Farrell. Council Mem~ bers Brady. Felderman. King, Pratt. Nays-None. Attorney Alfred Hughes, on behalf of Dr. Ncmmers. stressed the fact that with proposed phased development it would Special Session, September 15, 1980 355 not Cause a detrimentally heavy load on an already over-burdened road, also that the roadway was lowered in an area· at his client's expense and if zmmd residential and the required grading apt done, then there would be no way to get thc sewer across the street if necessary; Request lng PI zoning now; Objecting to residen- tial zonin~ at this time. Dr: Julian Nemmers poin{~ed oat ttiat several years ago the staff and P & Z Commission had wanted LI zoning fin' this property, that it still is the best zon- ing for this prOPerty as only 46 acres of the 127 can be developed and residential development would tend to be jpnk devel- opment. Dean Anderson of 2617 Knob Hill em- phasized that his main concern was the ripple effect if the LI zoning went into cfi feet and is totally against this zbning. Jeff Hansel of 439 Taniarack Court pointed out that four years ago the commendation was made for industrial use of this land and it woubl be a serious mistake to reduce this zoning to residen- Mary Lou Mulgrew, 1600 Brunskill Road, stated she was opposed to any in~ dustrial zoning. Kent Greenawalt stated he was afraid to build on some property purchased in this area because of possible industrial zoning which would be detrimental to a good homesite. Alfred Polsean, 3515 Crescent Ridge, pointed out he was not against progress but is against further truck traffic in this area. Rudy Bellman, 1000 Richards Road, stated his concerns had to do with crease in truck traffic over tile inade- quate roads and bridges bi the area and property values would decrease. Patty Fischer of 1050 Richards Road stated she was against further develop- ment on Cedar Cross Road. James WaI]is of 1815 Camilla Ct. stressed that the Council should assure more orderly growth in the City, ques- tloning where are necessary traffic plans for any development: Dan Rcilly, 2506 Knob Hill p0inted out the a~erage price of the hames in this area is $72,749~00 and if zoned industrial there is no compr6misc with residential hreaalready established, one of the nicest in the City; Of opinion that OR 0r RcsL dential best classification; Requested not to put total area in PI or LI zoning: Jim llealy, 456 Shbtoak Cmlrt, painted out the inadequate, dangerous blind roads which are used: by the school children, not to further isolate and cndan. get with industrial area. Joseph Zwack, At[orney, representing a number of the property owners as well as the owner Of a large ~reen area, point ed out several reasons they should deny Nemmer's re0uest to stay industrial zon lng. Mary Corell of 1460 Miller Road ob- jected to the Cedar Cross road alignment. Jerome Schneider stated that the roads and bridges are inadequate and he recommemls residential for the entire area. Richard Sorenspn, 255 Southgate, stressed that industrial zoning wnu]d be p6or planning by the Dubuque County and City, and tha9 there are several rea- sons for this belief, one being a matter of creased traffic on roads not scheduled for major repair for several years. Sheila Sorenson, 255 Southgate, point ed out that residential districts were es tablished in 1976, and should stay resi- de0tial. Al Engling, 1780 Keyway, pointed out the fact that the Council shoubt definitciy not have another mistake such as be con s0ters was made in the west end. David Leifker, 1150 Victoria, as Pres. of the Dubuque County Conservation Society and member of the Open 8pace Commission pointed out that industrial users seem to worry least about tbe en- vironment, and stressed that grading etc. would take away natural absorption area. Keith Vickery, 290 Southgate, ap pealed to the Council that they please tonight. Robert Setter, a site plan developer from Iowa City, pointed out that Dr, Nemmcrs has done all he can do. If there were mistakes made, Dr. Nemmers shouht m)l bear tile brunt of City mis takes. Vincent Smith, 2460 Knob Rilt stress ed that Dubuque's motto is "A Place to Live." Gall Windman, a Cedar Lake resident, noted thc fact that she can sympathize with the investors, but without adequate roads for ten years, and problems with ade6uate screening between industrial and res!dcntlal areas, and illegal burning even going on now, that this area definite ly should not go industrial. Kerin Moldenhauer, 1205 Nowata, mentioned that proper studies were ask- ed for and never responded to and until these studies wouhi be done that tbis area should not be zoned industriak Sam Perry, 3180 Scq uoia Circle, stated there are too many blind corners on tile present road and this problem should be addressed first. Dr. John Patrick, Valentine l)rlve res ident, stressed maintaining adequate green areas and opposes further indus trial development and problems of traffic. Council Member Brady moved that the dilcussion be dosed and the matter brought back to thc table. Seconded by Council Member Felderman. Carried by 356 Special Session. the following vote: Yeas~Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt· Nays None. An Ordinance Providing Lhat the Code of Ordinances. City of Dubuque, Iowa, be Amended by Revising Appendix A therc~ of. also known as the "Zoning Ordinance and Zoning Map of tile City of Dubuque, iowa' to amend the Zoning Map to estab~ lish a PI Phinned Industrial District clas- sification on the following described pro~ per~y within the annexed territory known as thc Center Sector to wit: Thai. ~mrt of Lot I of Lot 1 of Lot I of "Cedar Ridge Farm" lyin~ north of Cedar Cross Road: tha~ part of Lot I of Lot I of Lot 2 of Mineral Lot 218 ~ying north of Cedar Cross Road: and Lot 3 of Mineral Lot 221. all in Section 34. Townshin 89N. R2E the Fifth Principal Meridian, City of buque. Iowa. said Ordinance having been September 15. 1980 Farm" lying north of Cedar Cross Road: Ina; part of I,ot 1 of Lot 1 of Lot 2 of Min- eral Lot 218 tying north of Cedar Cross Road: and Lot 3 of Mineral Lot 221. all in Section 34. Township 89N. R2E of the FiRh Principal Meridian. City of Dubu- tine. Iowa. said Ordinance havbig prew- ously been presented and read at the meeting of Atlgust 21.1980. presented for final adoption. Coum:il Member King moved that the Ordinance be received and filed. Second- cd by Council Member Pratt. Carried by the followina veto: Yeas-Mayor Farrelh Council Mem- bers Brady, Felderman. King. Pratt. Nays None /~ouncil Member Brady moved to adopt zoning Plan A by rezomng to an R-3 Dis- trict with rmnaming area in AG (Agricul- tural) District classification. Seeoiided Council Member King. Carried by the fol- lowing you.: Yeas-Council Members Brady. Felder- man, King, Pratt. Nays-Mayor Farrell. Council Member King moved that a specific small 3-acre section, marked on map in blue ink. be referred to Planning and Zoning lot appropriate zoning,utiliza- tion. Seconded by Council Member Brady, Carried by the following vote: Yeas Council Members Brady, Felder- man, King. Nays Mayor Farrel], Council Member Pratt. CounciI Member Brady moved that Staff be directed to draw up legal Ordi- nance summarizing direction of Council and that Staff be directed to review the action taken and impact of same. Secon& ed by Council Member Felderman. r/ed by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO. 230-80 WHEREAS, specifications and form oi contract have been duly prepared and ap- proved by the Cky Council of the City of Dubuque. Iowa. and are now on file in the office of the City Clerk showing among other tilings the following: 1. the specifications for such improve- 2. an estimate of the eos; of the im- provement fi)r ;ne acqulsition of parking me;ers, equipment, and/or BE iT THEREFORE RESOLVED that the City Council on its own motion. deems it advisable and necessary for the public welfare m make the herein men- Lioned improvement, and unless the pub. Ii(! at the tirol, of the 'inal consideration SPecial Session, 0f this proposed resolntlon have on fil~ with the City Clerk, objections to the amount of the cost of the improvement, they shall he deemed to have waived all objections thereto. Said improvement shall bt! done in e?rdance wi£h the schedule and Spec/fi- ca(bins which have been approved by the City Council and are now on file with th~ City Clerk. That the cost and expense of making said improvement shall he Paid from Parking Depreciation Fund. The above resolution was introduced approved and ordered placed on file w/th the City Clerk this 21st day of July, 1980. RECORD OF FINAL ADOPTION The foreg0blg Resolution ',vas finarly passed and adopted, as proposed by tile City Council this 15th day of Septemhcr, 1980. Carolyn Farrel[ Mayor dames E. Brady D. Michael King Michael W. Pratt John L. FeMerman Council Members ATTEST: Mary A. Db. vis (hty CI xk CoUncil Member Brady rnoved final adoption of the Resolution. Seconded by Council Member PraO,. Carried by the tbllowing vbte: Yeas-Mayor Farrell, Council Mem bets Brady, Feldcr~nan, King, Pratt. Nays-None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 282-80 W}IEREAS; proposed phms and speci fica(ions and form of contract for the quiMtion of parking meters, eqnipment and/or services have been approved by the City Council of the City of Dubmtue and public notice gi}en tlS provided by Chapter 384 of the Code of Iowa 1979 per :a n ng to putdic contracts and heads, and the thne and place fixed for the heur il!g of al! objections to said plans, speci fica(ions or eontmtel fi~r or cost of such im- pr0vemenls, said time being this 15th day of September~ 1980i and WHEREAS, the City Council ~net in special session this 15th (lily of Septem- ber, 1980, at ~/:30 n'dloek P.M. at theCouh- cji Chamhers in the City Halt fin' the pur: September 15, 1980 357 heard and all objections w hlcil I~a ~]e~l duly weighed and considered; NOW TItEREEORE BE IT RESOLV- E/) BY THE CITY COUNCIL OF THE CTPY OF DUBUQUE, IOWA: That all objections which have been made and filed to the plans, specifies (ions, contract for or cost of saki im provement herein described and pro- this Council upon ail objections which and/or servic~,s. lie IT FURTtiER ffESOLVED t at this l'esolutioli being deelned urgent and and adoption by the City Council. 358 PaSsed, adopted, and approved this 15th day of September, 1980. carolyn Farrell Mayor .htmes E. Brady D. Michael King Michael W. Pratt John Ii. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Memher Brady moved adop- tion of the RcsoluBon. Seconded by ( cfi Mhmbcr Pratt, Carried by the Ioliow lng vote: Yeas Mayor Farrell, Conncil Mem. hers Brady, Felderman, King, Pratt. Nays None. CommunlcaCinn of City Managm, re~ commending awarding contrac~ to Dnm can Industries for purchase of 1000 park Councli Member Brady moved ~hat the communication be received and filed. Seconded by Conmdl Member Pratt. Car ried by the foSowing vote: Yeas-Mayor Farre]L Council Mere bets Brady, Felderman, King, Pratt. Nays None. Council Member King moved to sus petal the rules to let anyone present ad dress the Cnuncil if they so d~sire. Seconded by Coune Member Pr tt C r tied by the following vote: Yeas Mayor Farrcll Council Mere bets Brady, Felderman, King, Pratt. Nays None. Bob Vollbrecht, representing POM, commended his company's parking meters and requested ~hat the Council ac cept the low hid. Walter George, Vice4~residcnt of POM, respecB'ully request~ d th ttt cy b awarded the contract as thc lowest hid der. (~warding WHEREAS, sealed proposals have been snbndCted by contractors for the arking Melvhs and Associated Security System pm'suanl ~o Resolution No. 23L80 ami nolice to hldders published in a newspaper publNhed in said City on August 25~ 1980; and WIIEREAS, said sealed proposals were opened and read on August Il, 1980; and it has been determined that thc bid of Duncan Industries 0fElk Grove linois in the amount of $105.60425 was the lowest bid for ~the furnishing of all labor and ma~crials and performing ~he work as pr()vided fro' in ~he phms and spe cifications; Special SesSion, September 15, 1980 NOW THEREI~Z0RE BE IT RESOL~ ED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above men- tioned improvement b6 awarded to Dun- can Industries, Elk Grove, Illinois and the Manager be and he is hereby directed to execute a contract o1~ behalf of the City of Dubuque for the complete performance of said work. lie IT FURTHER RESGL~qED, that upon the signing Of said contract and the approval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bktders. Passed, adopted, and approved this 15th day of September, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John l. Felderman Council Members ATTEST: Mary A. IJavis City Clerk Council Member Brady moved adoF tion of the Resolution. Seconded by Coun (!il Member Praft. Carried by the hglow ing vote: Yeas Mayor Farrell, Council Mem- bers Brady, ~ lderm n, K'ng, Pratt. Nays None. State of Iowa, City Development Board advising of petition for voluntary annexation of territory owned by Lime It )ck Springs Co. to the City of Sagewlle, Ia., said territory within the urbanized area (if the City of Dubuque, Iowa, pre- sented and read. Council Member Fc]derman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayo' Farrell, Council Mem hers Brady, Fclderman, King, Pratt. Nays-None. Communication of City Manager re- questing an objection to the Sageville an- nexation and directing thc objection of the City to be entered on record before the City Development Board, presented md read. Council Member Feklerman moved that the commtmication be received and filed and objection approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mere: hers Brady, Felderman, King, Pratt. Nays-None. Communication of City Man~ger re- commending to accept offer of Jack Rhomberg's donation el property on Hill Special Session. September 15, 1980 359 Street south of 8th Street, presented and~ Yeas Mayor Farrell, Council Mem- read- ~ hers Feldel:man, King. Pratt. Council Member Felderman movqdI Nays Council Member Brady. that the cmnmunication be received and] Commun!,cation of P,,& Z approving filed and recommendation rejected.I finalplatof BlumPlace locatcd south of Seconded by Council Member Brady. Kirkwood Street and West of Alta Vista. Carried by the following vote: Yeas-Council Members IB'ady, l%lder- man. King. Nays-Mayor Farrell, Council Member Pratt. Communication of City Manager questing acceptance of amendments to the agreemen~ to purchase real estate the Radford Industrim Project, pre sented and read. Council Member Fehterman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-Council Member Brady. RESOLUTION NO. 285-80 A Resolution Authorizing Acceptance of Certain Amendments to An Agree. menl to Purchase Real Estate from Lei. na Properties Partnership for the Rad. ford Industrial Center Project. WHEREAS. Resolution No. 219-80 provided for acceptance of an Agreement to Purchase Real Estate from Letna Pro- perties Partnership; and WHEREAS. certain amendments to said Agreement have been proposed, as hereto attached, NOW THEREFORE BE IT BESOLV~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the City Manager and City Clerk are hereby authorized and di- rected to accept on behalf of thc City of Dubuque, Iowa, the Amendment to the Agreement to Purchase Real Estate. dated July 14. 1980: the Second Amend- ment to the Agrcc~nent to Purchase Real Estate. dated July 14,1980; and the Third chase Real Estate, dated August 31, 1980: all as hereto attached and marked Exhi bits A, B, and C. respectively. Passed. adopted, and approved this 15th day of September. 1980. Carolyn Farrel] Mayor D. Michael Kin~ Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman nmved adoption of the Resolution. Seconded nv Council Member Pratt. Carried by the following pr,e,sented and read. Council Member Felderman moved Ihat the communication be received ami filed. Seconded oy Council Member Pratt. Carried by the following vote: Yeas Mayor Farrelh Council Mere bors Brady, Felderman. King, Pratt. Nays None. RESOLUTION NO. 286-80 Resolution Approving the Plat of Lot 1 and Lot 2 of "Blum Place" in the City of Dubuque, Iowa. WHEREAS there has linen filed with thc City Clerk a *let in which Lot 2 of Lot la of Wood's Addltiom Lot 2 of Lot I of Lot 2 of Lot 1 of Lot 1 of Lot la of Wood's Addition. and Lot 1 of Lot 11 of Wood's Addition. in thc City of Dubuque. Iowa is now platted as Lot 1 and Lot 2 of "Blum Place" in the City of Dubuque, Iowa: and WHEREAS. smd plat has been exam- ined by the City Planning and Zonin~ Commission and had its approval en dorsed thereon: ami WHEREAS. said plat has been exam- ined by the City Council. and the City Council finds that the same conforms 1~ statues and ordinances relating thereto. NOW TtlEREFORE BE IT RESOLV- ED BY TIlE CITY COUNCIL OE THE CITY OF DUBUQUE, IOWA: Section 1. Tbat the plat of Lot 1 and Lot 2 of Blum Place in the City of Duhu que. Iowa bt, and the same is hereby ap proved, and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approwd of the City of Dubu- que, Iowa upon said plat. Passed. adopted, and approved this 15th day of September 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Feldm'ma~ Conneil Members ATTEST: Mary A. Davis Eity Clerk (]ouncl] Member Fciderman moved adoption of the Resolution. Seconded by Counell Member Pratt. Carried ~y the following vote: Yeas-Mayor Farrelh Council Mem- bers Brady. Felderman. King. Pratt. ~nys-None. 360 Special Session, September 15, 1980 north of Old ttighway 20 and west of Seip pel Road, presented and read. Council Member King moved that the communication be received and ii]ed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, FeldCrman, King, Pratt. Nays None. RESOLUTION NO. 287-80 Resolution Approving the Plat of "Mea- dow Acres" in Section 36, Center Township, Dubuque County, Iowa. WREREAS, tbcre has been filed with the City Clerk a plat in which Lot 2 of Lot i of Lot 2 of Lot 4 of Northeast ()ne-Quar- ter, Section 36, Township 89 North, Range 1 East of 5th Principal Meridian, being in Center Township, Dubuque County, Iowa, is platted as "Meadow A~:rcs" in Section 36, Center Township, Dubuque County, Iowa; and WIIEREAS, said plat has been exam ined by the City Planning and Zoning Commission and they find that the same conforms to thc statues and ordinances relating thereto; and WHEREAS, said plat has been ap proved by the City Planing and Zoning Commission on tbe condition that only tbree access points from Highway 416 be provided to serve the proposed Lots 2 through 6, and access from Seippe! Road be provided for Lots 1, 7 and 8; and WHEREAS, said plats have been examined by tile City Council and tbey find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning a0d Zoning Commis NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF I)UBUQUE, IOWA: Section 1. That the above described plat be and tbe same is hereby approved and tile Mayor and Clerk be and are here by authorized and directed to endorse the approval of thc City of Dubuque upon said plat, provided that the owner of said property slmll execute at written accep tance bereto attached, acknowledging and agreeing: a) Lot l is to access onto Seippel Road. b) Lot 2 will have separate access Lo Highway 416 according to a drive ap proach to be approved by the City Dcvel opment Planner. c) Lots 3 and 4 are to share a common access to Highway 416. d) Lots 5 and 6 are to share a common access to Highway 416. e) Lots 7 and 8 are to share a common access to Seippel Road. SecBon 2. That in thc event that ibc owner fails to execute the acceptance pro- vided for in Section I herein within forty- five (45) days after the date of this Res01~, tion. the, provisions herein shall be null and vod and the approval of the Plat Shall not be effective. Passed, adopted, and approved this 15th day of September, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution. Seeomtcd by Council Member Pratt. Carried by thc following YcasMaym' Farrel], Council Mem- bers Brady, Fekterman, King, Pratt. Nays None. Communication of City Manager sub- mitting Ordinance relative to compliance with Weed Removal Notice after serving a second notice, presented and read. Council Member Felderman moved that thc communication be received and filed. Seconded by Council Member Brady. Carried by tile following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays None. ORDINANCE NO. 64-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 37-53 TO ARTICLE III, OF CHAPTER 3]' THEREOF TO PRO: VIDE FOR PENALTY FOR FAILURE TO COMPLY, AFTER SERVICE OF SE. CONO WEEK REMOVAL NOTICE SERVED BY THE CITY OF DUBUQUE, IOWA, presented and read, Council Member Felderman moved Ibat thc reading just had be considered ~be first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farreli, Council Mem- bers Brady, Feiderman, King, Pratt. Nays-None. Council Member Felderman moved that tbe rule requiring an Ordinance to be received and filed at two meetings prior to £bc meeting when fired action is taken, be dispensed with. Seconded by Council Member Brady] Carried by the following Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Special Session. Se ORDINANCE NO. 64-80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OFTHE CITY OF DUBUQUE, 10WA, BY ENACTING A NEW SECTION 37.53 TO ARTICLE III, OF CHAPTER 37 THEREOF TO PRO. VIDE FOR PENALTY FOR FAILURE TO COMPLY, AFTER SERVICE OF SE. COND WEED REMOVAL NOTICE SERVED BY THE CiTY OF DUBUQUE. IOWA, NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE cITY OF DUBUOUE IOWA: atember 15. 1980 361 Council Member Brady nominated Gary Newt: Council Member King nomi- nated Robert L. Schmidt: Council Mem bet Brady nominated C. J. May. Jr. Vote was aa follows: Gary Newt - Yeas-None. Nays-None: Robert L. Schmidt -- Yeas~Mayor Far tell. Council Members Felderman. King, Pratt, Nays-CouncilMember Brady; C. J. May. Jr. Yeas-Council Member Brady. Nomimttions were opened fi~r an unex- pired six yt, ar ;erm with the Airporl Comlhission. which would expire 9-14-84 Council Member Brady nominaied Gary Newt: Council Member Brady ~om- inated C. J. May, Jr. Vntc was as follows: Gary Newt -- Yeas-Mayor Farrell Council Members Brady, Pratt: C. J, May, Jr. Yeas Eoum'il Member Fei. derman. Abstain Eouncil Member Kine'. Nominations were opened for a three year term to expire 7-12-83 for the Board of Electrical Examiners Council Member Felderman nomi- nated I)aniel ttughes and Charles Ober embt. W)te was as folhiws: Yeas-Mayor Farrell. Council Members Brady. Febterman. King. Pratt. Nays~None. Nominations were opened fin' a three year ;erm ~o expire 71683 with the Board of Iteating, Ventilating, Air Condi- tioning and Refrigerauon. Council Member Brady nominated Paul Brashaw. Vote~was as follows: Yeas-Mayor Farrell, Council Members was a~ follows: 362 Special Session, September 15, 1980 Yeas-Mayor Farrell. Council Mom bors Brady, Feidermam King, Pratt. Nays:None. Council Member Fclderman moved that the Staff and Commission conduct a study on the Rehab0itation Commission and bring back recommendations. Seconded by Council Member Brady. Carried by the following w>te: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays Council Member Pratt. Nominations were op ~ned for a five year term to expire 9q 9-85 fur the Zoning Board of Appeal. Cmlncil Member Fe]derman nomi hated Joe W. Hohliman. Carried by the following w~te: Yeas Mayor Farrefi, Council' Mom bors Brady, Fclderman, King, Pratt. Nays~None. Application from Judith Schiel d/bin Old German Bank requesting transfer of Liquor IAceuse from 342 Main Street to Town Clock Plaza at 7th & Main St. ou Sept. 27th and 28th for DubuqueFcst Days, presented ami read. Council Member Brady moved that the applicatinn be approved. Seconded by Council Member Pratt. Carried by thc following vote: Yeas-Mayor Farrel], Council Mom bors Brady, Fe]derman, King, Pratt. Nays None. RESOLUTION NO. 288-80 BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, Iowa, that tbe following having cmnplied with the provi- sions of law relating to the sale of Cigar- eries within the City of Dubuque, Iowa, be granted a permit to se]] Cigarettes and Cigarette Papers within said City. Jerry L, James -- 1899 Rockdale Rd. Passed~ adapted, and approved this 15th day of September, 1980. be, on examined and approved; and WHEREAS; The premises to be occu: pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THI~JREFORE BE IT RESOLV. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWAt That the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" (HOTEL MOTEL) SEER AND LIQUOR LICENSE Dubuque Motor Itotels, Inc. (Also Sun day Sales) -- 1111 Dodge St. CLASS "C" BEER AND LIQUOR LICENSE (COMMERCIAL) William Bantu {Aisc Sunday Sales) -- 51)11 Rhombcrg Ave. Benton Food Management, Inc. (Also Sunday Sab~s) - Highway 20 West. Statues P. Sfikas -- 926 Main Street. David J. Wetter-Joseph M. McGinnis (S0nday Sales ()n]y) -- 951 Main Street. Judith P. Juergens (Also Sunday Sales) 2327 Central Ave. Passed, adopted, amt approved this 15th day of September, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Brady moved adop tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by thc follow- lng vote: Yeas-May0r Farre]l, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 290-80 WItEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WiiEREAS, Tile premises to be occu- pied by sm'.h applicants were inspected amt Ionnd to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE Iq~ RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mamtger be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" SEER PERMIT Adella A, Ferring ±- 385 E. 13th St. T. I. Investments, Inc. {Also Sunday Sales) 1575 ,lc)hi{ F. Kennedy Rd: Special Session.~eptember 15, 1980 CLASS "C" BEER PERMII Ralph Grabow (Aisc Sunday Salesl 1050 University Ave. Kopple's Market. Inc. (Aisc Sunday Sales) -- 1098 University Aye. Passed. adopted, and approved this 15th day of September, 19811. Carolyn Farrcll Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTESYI': Mary A. Davis City Clerk Council Member Brady moved adop tion of the Resolution. Seconded by Coun cfi Member Pratt. Carried by the I'ofiow- lng vote: Yeas-Mayor Farrcll. Council Mem- bers Brady, Felderman. King. Pratt. Nays-Nebo. MINUTES SUBMITTED: Airport Commission of 8-20. 825.8-29; Five Flags Commission of 8-19: Housing Commission of 8-19: Transit Board of 8-14: P & Z of 93 Elec: Examining Board of 9-9. Council Member King moved that the minutes be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrelh Council Mom bors Brady, Felderman. King, Pratt. Nays-None. Proof of publication, certified to by the Publisher, of Notice of Fin0ing of No ~ig- ali(cant Effect on Envir nmcnt for 4th Street Peninsula Storm Dr:da Project," presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Car- tied b:~ the following vote: Yeas-Mayor Farrefi. Council Mom bors Brady, Felderman. King, Prat~ Nays-None. Communication m Dubuque County Conservation Society. Inc.. submitting a copy of appfieation for rehearing before tl~e Iowa Natural Resources Counsel re garding channellzation of Catfish Creek for N.W. Arterial Roadway, 9resented and read, Council Member King moved that the commurdcation be received and filed and ~eferrnd to Hearing set, n)r 10 13-80 al 7:30 p.m. at Five Flags. Seconded hy Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mere hers Brady, Fcldermaa. Kine, Pratt Nays-None. NOTICES OF CLAIMS: Bernie Ferry ct ux. in amt. of $2.950 fiw backed-up 363 sewer domain!s; Bill Meyers. in unknown amt, lot car damages; Mary Patters. in unknown amt. for personal injuries: Ran- dy Duehr. in ami.. of $125.00 for persona] property damages: Jnhn Sehmidt ~n est amt. of $176.13 for car damages. Council Member King moved that the claims be referred tn the Gorporauon Counsel. Seconded hy Council Member Pratt. Carried by the following vute: Yeas~Mayor Farrell, Count() Mom hers Brady, I,'elderman. King, Pratt. Nays-None. Communication of Cnrporation Coun- sel recommending scRlement of $1500, plus $75.97 for court costs for chdm filed by lterhtrt'"'~ McClean..ll'.. presented~ and Council Member Kilm moved that the communication be received and filed and settlement approved. Seconded by Court cfi Member Pratt. Carried by the follow- lng vote: Yeas-Mayor Farrelh Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication oI Corporation Coun scl recommending denial of personal iurles chtbn of hue(lc Pie(milan. pre- ~ented and read. Council Member King ~noved that the communn.ation be received and filed and denial approved. Seconded by Council Member Pratt. Carried by the followln~ Yeas.Mayor Farrell. Council Mom- hers Brady, Felderman, King, Pratt. Nays-None. Gommunlcation of Department of En- vironmental Quality submitting waste- water compliance inspection reporh pre- seated and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell. Council Mere bets Brady, Felderman. King, l'ratt. Nays None. Commnnications of Cedar Rapids Tele vision Co. IKCRG) to F.C,C. submitting petition for special relief filed by KDtIII- TV Inc. and requesting denial: Submit- ung request for leave to file opposition to petitim for special relief: Counsel for KDUBTV. Inc. submitting opposition to request for leave to file t~y KCRG and ion to Strike, presented and read. Council Memlmr King moved that thc communications be received and filed and rel~rred to the TV Cable Commission. Seconded by Council Member Pratt. Car tied by the fidlowing vote: Yeas Mayo~r Farrcll, Council Mem hers Brady, I' elderman. King, PraU 364 Special Session, S~ Communications of Karen& Michael Roerig ami Jane Kiebel objecting to in- crease ol sewage rates for all City resi- dents in order to assist Dubugue Packing Co.. presented and read. Council Member King moved that the communications be received and filed. Seconded by Cmmcil Member Pratt. Car- ried by the following vo~e: Yeas-Mayor FarrelL Council Mem- bers Bradv. Felderman. King, Pratt. Nays-None. Petition of Robert J. Schutte Co. re~ questing to excavate on Hillcrcst North for electrical service for new Eagles Store at 2050 J.F.K, Roa~, presented and read. Council Member King moved that the petition be received and filed and ap- m.oved subjec~ to the approval of the Engineering I)ept. Seconded by Council Member Pratt. Carried by the billowing Yeas Mayor Parrell. Council Mom hers Brady, [%lderman. King, Pratt. Nays-None. Communication of P & Z submitting amendments to Zonin~ Ordinance in or6cr to hr[nfl honks tq) todate, pre seated aad read. Councl] Memher Kine mowed that the communication he received and fihM. Seconded by Cmmcil Member Pratt. Car lied by thc following vote: Yeas-Mayor Farrell. Council Mom bors Brady, [Ce]derman. King. Pratt. Nays-None. CommunlcaUou of Rock Island Distric{ Corps uf Engineers submitting rcp(~rr ol meeting on the Master Planning Process ~or the Pool II Master Plan Update held on July 23, 1980, presented and read. Council Memher King moved that the communication hc received and filed. Seconded by Counc0 Member Pratt. Ual lied by tbc h0]owing vo~e: Yeas-Mayor Farrelh Council Mom bors Brady, Fe[derman~ King, Pratt. Nays None. Communicathm of Leo Ungs, Duhu(~uc Bounty Co]lect,r of Accounts submitting lour uetitions for Iht suspension of Rea] O~stateTaxes qnn Bndish BlanchcDon Council Member King moved that the communication he rccclved and filed ami Council Member Pratt. Carried by thc following vo~c: Yeas-Mayor Farre[I. Council Mem. bors Brady, l%hh~rman. Kine. Pratt. Communieathm of City Clerk submit- ting 1980 Agricultural ~ tIorticu[tural List for City Tax Exemptmn, presenled t. ember 15, 1980 Council Member King moved that the communication be ~eceived and filed, and filed at the County Auditor's Office. Seconded by Council Member Pratt. Bar- lied by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None Petition of Lotus College requesting parade permit for October 11th and fire- works display oll October 10th, presented and read. Council Member King moved that the petition be received and filed and ap- proved, referring same to City Manager for implementatiom Seconded by Council Member Pratt. Carried by the following Yeas-Mayor FarrelL Council Mom bets Brady. Felderman. King, Pratt. Nays-None. There being ao further business. C0un- cil Member Felderman moved to adjourn. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays None. Mary A. Davis City Clerk Approved ........................................... 1981 Adopted ............................................. 1981 Council Members ATTEST: SPecial Session, September 23, 1980 365 CITY COUNCIL OFFICIAL Special Session, September 23, 1980. Council met at 4:15 P.M~ (C.D.T.) Present-MayOr Farrell, Council Mem. bars Felderman, King, Pratt, Cty Maw agarW. Kenneth GearharL Corporafion Counsel R~ N. RUsso. Absent;Council Mom,bar Brady. · Mayor Farreli read the call and stated that s~rvi6e thereof had been duly made and this meeting is Called for the purpnse to CONSIDER A RESOLUTION AIL THORIZING TIIE~ MAYOR TO EXE- CUTE A CONTRACT FOR ~PHE AC- CEPTANCE OF $1,500,000.90 of EDA FUNDS and acting upon such Other business as may cemc before the Council. Communication of Economic Develop meat Administration sdvislhg (d an "Of- fer of Grant ' 'n the amount not t9 exceed $1,500,000.00 issued pursuant ti) our ap- plication for Federal Assistance to con struct infrastructure for an industrial park, Presented and read. ~ Cot~ncil Member Felderman moved that the communicatidn be r~cei~cd and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor l~arreH, C0 nci[ Mem bers Ftdderman, King, Pratt. Nays-None. Absent,CoUncil Member Brady: RESOLUTION NO~ 291-80 A Resolution Authorizing the Mayor to AccePt an Offer ol Grant from the Economic Development Administra- tion, U,S. Department of Commerce. WHEREAS, the City 0f Dubuque has subm tied an appbcatlon to thc 15conomm Development Administration f(w a pub c works grant; and HEREAS, the b co on Develop meat Adnlinistratlon has approved said application, and has submitted alu Offer of Grant in an amount not to exceed one mil ]ion Bve~hundrhd thousand dollars. NOW TttEREFORE BE IT RESOLV~ EI) BY TlfE CiTY COiiNCII, OF TIlE CITY OF DUBUQUE, IOWA: SeCtion 1. That the Mayor and City Clerk are hereby authorized and directed to aei:ept the Offer (if Grant, ditted Sep tember 17, 1980, hereto attached and marked Exhibfi SA". Pa§sod, adopted~ and approw~d this 23rd day of S ~pt ~mber 98 h Cardynl rrdl Mayor 1)~ Michnel King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Councll Member Felderman moved adoption of the Resolution, SecOnded by Council Memfidr Pratt. Carried by the following vote: Yeas-Mdyor Farrell~ C(mncil Mem- bers Fclderman, King, Pratt. Nays-Nonc. Absent~Cmlncll Melnber Brady. AN ORDINANCE providing that the Code Of Ordinances, City of Dubuque, Iowa, be amended by rcylsing Appemfix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Du buque, Iowa" to amend tile Zoning Map to establish R~q Residential and AG Agri cultural District Classifications on pro perry described as "Nemmers Property" in the Center Sector of the territory in voluntarily annexed to the City of Dubu- que, Iowa, said Ordinance and zoning being approved at the Council Meeting of September 15, 1980/was presented for final execution and signatures; Council Member Felderman moved that the Ordinance he tabled to the Coun- cil Meeting of October 6, 198(I due to the absence of Council Member Brady who prcvioqsly approved rezoning matter. Seconded by Council Member King. Car lied hy the following vote: Yeas-Mayor Farr(d], Conncil M~m bors Felderman, King, Pratt. Nays None. Absent-Council Membel~ Brady. Application from El~,z, abt th Krainovich d/b/a Nick & Betty's lap requesting to tntnsfer 1Aquor License from 481 Locust Street to 342 W. 8th Street, presented and read. Council Member Pelderman moved that the transfer be approved. Seconded by Council Member Pratt: Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Feldennan, King, Pratt. Nays-None. Absent-Comteil Member Brady, RESOLUTION NO. 292-80 lie IT RESOLVED, By the City Coun cfi of the City of Dubuque, h)wa, that the foll0wing, having complied with the pro- visions of law relating to the sale of Cigar cites within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. l)ale Winter 1450 Lotus Blwl. Passed, adopted, and approved this 23rd day of September, 1980. Carolyn Farrel] Mayor 1). Michael King Michael W. pratt John L. Felderman Council Melnbers ATTEST: ) Mary A~ Davis City Cb~rk 366 Special Session. September 23, 1980 adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vole: Yeas-Mayor Farrcll, Council Mem- bers Feldcrman King. Pratt. Nays None. C.undl Members ATTEST: Cit~ Clerk Regular Session October 6, 1980 367 CITY COUNCIL OFFICIAL Regular Session, October 6, 1980. Council met at 7:30 P:M. (C.D.T.) Present. Mayor Ferrell, Council Mem- bers Brady, Felderman, King, Pralt. City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. LISH R~3 RESIDENTIAL AN D AG AGRI- ORDINANCE NO: 65-80 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" TO AMEND THE ZONING MAP TO ESTABLISH R-3 RESIDENTIAL AND AG AGRICULTUR- AL DISTRICT CLASSIFICATIONS ON HEREINAFTER DESCRIBED PROPER- TY IN THE CENTER SECTOR OF THE TERRITORY INVOLUNTARILY ANNEX. ED TO THE CITY OF DUBUQUE, IOWA. WHEREAS, The City of Dubuque, Iowa, annexed certain territory on June 1, 1979, pursuant to a final order of the City Development Board of the State of Iowa; and WHEREAS, by Ordinance No. 39-79, the City Council established temporary zoning regulations for the annexed ter~ ritory pending establishment of zoning classi£ieations according to procedures prescribed in Article VIII of the Zoning Ordi¢~ance; a~d WIIEREAS, the City Planning and Zoning Commission has completed a study, has held public hearings, and ho~ reported its findings and recommenda- tions to the City Council on the Zonivg Classifications to be established in that portion of the annexed territory known as the (/enter Sector and including the hereinafter described property; and WHEREAS, the ctty Council has rc ceived the Commission~ report, and has held its own pubbic hearing. NOW TH.~JREFORE BE IT OR DAINED BY TtIE CITY COUNCIL OI~' Tltlq CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of'Dubuque, Iowa, be