1981 March Council Proceedings68
Special Session, February 16, 1981
and read.
Council Member Felderman moved
that the denial be approved. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
NOTICES OF CLAIMS~ SUITS:
Notice of Suit of Milton R. Bergman,
Adm. of Estate of Dorenda Jo
Bergman, deceased, Etta J. Royston
and Milton R. Bergman, vs. City of
Dubuque, in amount of $325,000 for
the wrongful death of said Dorenda J.
Bergman on August 1, 1980; Leroy J.
Sherman, in amount of $50 for proper-
ty damages; Kevin Nickolas, in
undetermined amount for personal in-
juries; Mrs. Loretta Smith, in undeter-
mined amount, for sewer back-up
damages on 1-3-81; Mrs. Leroy Birch,
in undetermined amount for personal
injuries; presented and read.
Council Member Felderman moved
that the suits and claims be referred to
tbe Corporation Counsel for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Teleprompter
Corporation advising that
Westinghouse Broadcasting Com-
pany, a subsidiary of Westinghouse
Electric Corp. plans to acquire control
of Teleprompter Corporation,
presented and read.
Council Member Felderman moved
that the communication be received
and flied and referred to Council.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman. Pratt.
Nays--None.
Petition of Paul H. Demkier re-
questing City purchase alley between
north end of Burllngton and
Muscatine Streets, presented and
read.
Council Member Felderman moved
that the petition be referred to the
City Manager. Seconded by Council
Member Farreil. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady. Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting response to Win. Herrig
letter concerning Lower Main Street
National Register Nomination,
presented and read~
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
John Klauer, 1927 University, ex-
pressed appreciation to City Manager
Gearhart for his presence and con-
tribution to the meeting hosted by Mr.
Klauer regarding the 1982 Budget.
Daniel Dittemore, Community
Development Director, advised Coun-
cil the process and disposition of land
on Pennsylvania Avenue, requested
permission to advertise the availabili-
ty of the land; awarding project before
March 23, 1981, and that Dubuque In
Future was willing to cooperate.
General consensus was that the City
would advertise for proposals on hous-
ing issue.
9:45 p.m. Council Member Felder-
man moved to go into Executive Ses-
sion ~or the purpose to discuss wage
negotiation for Police Department in
accordance with Chapter 20 of the
State Code of Iowa, 1979. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council reconvened regular session
at 10:07 p.m. Mayor King announced
that Personnel Manager was given
direction to go to Arbitration regar-
ding the Police Contract.
There being no further business,
Council Member Pratt moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved 1981
Adopted 1981
Regular Session, March 2, 1981
CITY COUNCIL
OFFICIAL
Regular Session, March 2, 1981.
No members of the Council being
present, the meeting was adjourned
subject to call.
Mary A. Davis
City Clerk
Approved 1981
Adopted 1981
Council Members
ATTEST:
City Clerk
70 Regular Adjourned Session, March 9, 1981
CITY COUNCIL
OFFICIAL
Regular Adjourned Session, March
9, 1981.
Council met at 7:30 P.M. (C.S.T.)
Present--Mayor King, Council
Members Brady, Farrell, Felderman,
Pratt. City Manager W. Kenneth
Gearhart, Corporation Counsel R. N.
Russo.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is an adjourned
Regular Session of the City Council,
adjourned from the meeting of March
2, 1981, called for the purpose to act
upon such business as may properly
come before the Council.
Preclamations: March 21, 1981 as
"Shamrocks Against Dystrophy
Day"; March 15-21 as "American
Legion Week"; Month of March as
"Mental Retardation Month" recelved
by Roy Schmeichel.
Proof of publication, certified to by
the Publisher, of Notice of Hearing on
the issuance of $100,000 Street Im-
provement Bonds of the City of Dubu-
que, presented and read. No written
objections received and there were no
oral objectors present at the time set
for the Hearlng.
Council Member Farrell moved that
the proof of publication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
fug vote:
Yeas--Mayor King, Council Mem-
bars Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 57-81
A Resolution for the issuance of Street
S]~IES NO. BOND NO.
1 1-2
2 3-4
3 5-6
4 7-8
5 9-10
6 11-12
7 13-14
8 15-16
9 17-18
10 19-20
3. Said bonds shall bear interestata~
into not to exceed ten per..cen, t (10%)
per annur~ payable annually in ac. co.~
dance with coUpons thereto attached;
Improvement Bonds for the purpose
of providing for the payment of the
assessed cost of: City of Dubuque,
1980 Asphalt Paving Project No. 1.
WHEREAS, the contract heretofore
entered into be the City of Dubuque,
Iowa, for the improvements
hereinafter described has been com-
pleted and the City Manager has cer-
tified the completion thereof to the
City Council and the City Council has
ascertained the cost thereof and has
determined that $189,428.08 Dollars
of the cost thereof shah be assessed
against the property subject to assess-
ment therefore; and
WHEREAS, public notice, as pro-
vided by law, has been published by
the City Clerk stating the intention of
the City Council to issue bonds for the
purpose of providing for the payment
of the assessed cost of said improve-
ment and a public hearing has been
held, pursuant to such notice and all
objections made thereto have been
considered and determined:
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque:
1. That to provide for the payment of
the assessed cost of' City of Dubuque,
1980 Asphalt Paving Project No. 1,
there may be issued street improve-
ment bonds in the amount of
$100,000.00 Dollars in anticipation of
the deferred payment of assessments.
levied for such impmvemen~
2. Such bonds shall be called street
improvement bonds; and shall bear the
date of April 1, 1981; and shall be
numbered consecutively; and they
shall be numbered, divided into series,
and be in such denominations and for
such maturity dates as are shown in
the following toble:
DENOMINATION MATURITY
$5,000.00 December 1, 1981
$5,000.00 December 1, 1982
$5,000.00 December 1, 1983
$5,000.00 December 1, 1984
$5,000.00 December 1, 1985
$5,000.00 December 1, 1986
$5,000.00 December 1, 1987
$5,000.00 December 1, 1988
$5,000.00 December 1, 1989
$5,000.00 December 1, 1990
4. Said bonds shall not make the City
of Dubuque llabla in any way, except
for the applleatlon of said special
assessment funds.
Regular Adjourned Session, March 9, 1981 71
5. Said bonds shall provide that they
may be payable at any time prior to the
maturity date stated therein at the op-
tion of the City of Dubuque and shall
be in substantially the following form:
Series No.
CITY OF DUBUQUE
Street Improvement Bond
The City of Dubuque in the State of
Iowa promises to pay as hereinafter
mentioned to the bearer hereof, the
sum of five thousand dollars with in-
terest thereon at the rate of per
cent per almum, payable annually,
on the presentation and surrendor of
the interest coupons hereto attached.
Both principal and interest of this
bond are payable at the office of the
· City Treasurer in the of Dubuque, in
the State of Iowa. This bond is ussued
by the City of Dubuque under and by
virtue of Chapter 384 of the 1975 Code
of Iowa, as amended, and the Resolu-
tion of said City duly passed on the
9th day of March, 1981, being Resolu-
tion No. 57-81.
This Bond is one of a series of 20
bonds, ali for $5,000.00 numbered
from i through 20, and one for $
numbered all of like tenor and
date, and issued for the purpose of:
financing a portion of the assessed
cost of the City of Dubuque 1980
Asphalt Paving Project No. i as
described in said Resolution, in said
City which cost is payable by the abut-
ting and adjacent property along said
improvements and is made by law a
lien on ali of said property. It is
payable only out of the Special Assess-
ment Fund 1318 created by the coliec-
tion of said special tax, and said fund
can be used for no other purpose.
It is hereby certified and recited that
all the acts, conditions and things re-
quired to be done, precedent to and in
issuing this series of bonds, have been
done, happened, and performed, in
regular and due form, as required by
law and said Resolution, end for the
assessment, collection and payment
hereon of said special tax, the full faith
and diligence of said City of Dubuque
are hereby irrevocably pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council has
caused this bond to be signed by its
Mayor and countersigned by its City
Clerk and the Seal of said City to be
thereto affixed, this 9th day of March,
1981.
(SEAL)
Mayor
City Clerk
(Form of Coupon)
On the 1st day of December, the
City of Dubuque, Iowa, promises to
pay to the bearer, as provided in said
bond, the sum of Dollars, in the
office of the City Treasurer in the City
of Dubuque, being months' in-
terest due that date on its
Bond No. dated April 1, 1981.
Mayor
City Clerk
6. That the Mayor and City Clerk be
and they are hereby instructed to
cause said bonds to be prepared and
when so prepared to execute said
bonds and that the City Treasurer be
and he is hereby instructed to register
said bonds in a book kept for that pu~
pose.
7. That the City Treasurer is hereby
instructed to sell said bonds in the
manner provided by law, the proceeds
of said sale to be placed in a special
fund to be known as Sp. Assmt. Fund
1318 and paid out by him to pay the
cost of said contract.
8. That the interest coupons attach-
ed to the bonds be signed with the fac-
simile signature of the City Clerk.
9. That as fast as funds allow, begin-
ning with the second year after the
payment of interest due, these bonds
shall be called and retired in the same
order as numbered.
10. Notice of election to call these
bonds shall be given by regular U.S.
Mail addressed to the last known ad-
dress of the purchaser.
Passed, adopted and approved this
9th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the foIlowing vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of P & Z recommen-
ding the rezoning of the West Sector
Area, presented and read.
72 Regular Adjourned Session, March 9, 1981
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farreil. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Pratt.
Nays- -None.
An Ordinance Providing that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by revising Appen-
dix A thereof, also known as the "Zon-
ing ,M, ap of the City of Dubuque,
Iowa to amend the Zoning Map with
regard to properties in the West Sec-
tor of the territory involuntarily an-
nexed to the City of Dubuque, Iowa,
presented and read.
Council Member Felderman moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrefi, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Council Member Faiderman moved
that a public hearing be held on the Or-
dinance on April 6, 1981 at 7:30 p,m. in
the Council Chamber at the City Hall
and that the City Clerk be instructed
to publish notice of the Hearing in the
manner required by law. Seconded by
Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady. Farroll, Felderman, Pratt.
Nays--None.
Communication of P & Z approving
rezoning of property in Oak Brook
Dev. as requested by ARIC, Ltd. from
R-5 PUD to R-4 PUD classification
presented and read.
Council Member Farreil moved that
the communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Pratt.
Nays--None.
Abstain--Council Member Felder-
An Ordinance of the City of Dubu-
que. Iowa, 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 oI the City of
Dubuque, Iowa" by reclassifying Lots
1-15 inclusive of Oak Brook Develop-
ment from "R-5 Multi-Family Residen-
tial Planned Unit Development
District to R-4 Multi-Family Residen-
tial Planned Unit Development
District, presented and read.
Council Member Farreil moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Pratt. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Pratt.
Nays--None.
Abstain--Council Member Felder-
Council Member Farreil moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Pratt.
Nays--None.
Abstain--Council Member Felder-
Council Member Farreil moved that
a public hearing be held on the Or-
dinance on April 6, 1981 at 7:30 p.m. in
the Council Chamber at the City Hall
and that the City Clerk be instructed
to publish notice of the hearing in the
manner required by laW. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Pratt.
Nays--None.
Abstain--Council 'Member Felder-
Communication of City Manager re-
questing to set public hearing to enter
into Purchase Option Agreement on
real estate located in Lot 2 of A.C.
Pfohl Place, presented and read. Coun-
cil Member Pratt moved that the com-
munication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 58-81
WHEREAS, the City of Dubuque,
Iowa is the owner of the following
described real estate, to wit:
Regular Adjourned Session, March 9, 1981 73
Lot 2 of A.C. P£ohl Place in the
City of Dubuque, Iowa; and,
WHEREAS, said property was ac-
quired by the City of Dubuque with
funds provided through the Commu-
nlty Development Block Grant Pre.
gram; and,
WHEREAS, among the purposes of
the aqnisitinn of said property is the
provision of sites for development of
housing for persons of low and
moderate income, assisted through the
Section 8 New Construction Program;
and,
WHEREAS, the United States
Department of Housing and Urban
Development has advertised the
availability of funding for private
development of such housing, and has
required that proposals from
developers must be received no later
than March 23, 1981 and must include
evidence of control of the site proposed
for the development; and,
WHEREAS, it is the intent of the
City Council of the City of Dubuque to
make a portion of Lot 2 of A.C. Pfohl
Place avaiinble for the development of
assisted housing; and,
WHEREAS, the City Council of the
City of Dubuque, Iowa deems it in the
best interest of the City that a portion
of said real estate should be made
available to qualified developers under
a Purchase Option Agreement, to per-
mit the City, the selected developer
and the Department of Housing and
Urban Development to enter into
negotiations toward a final acquisition
price suitable to accommodate the in-
tended development;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1.That the offer of a Pu~
chase Option Agreement on a portion
of the hereinabove described real
estate owned by the City of Dubuque,
Iowa be and the same is approved
upon the following terms and condi.
tions:
1. That the City Council shall review
proposals by private developers for the
construction and the management of
assisted family housing according to
the terms and conditions described in
the Housing Developer~ Information
Packet, hereto attached and marked
exhibit "A'~'
2. That proposals for entering into a
Purchase Option Agreement on said
property shall be received in the Office
of City Clerk no later than 4:00 p. m. on
March 12, 1981;
3. That proposals shall be accom-
panied by a deposit in the amount of
$500.00 per acre for the number of acres
required for the proposed develop-
ment;
4. That the Purchase Option Agree.
ment shall be in the form prescribed by
the City of Dubuque, Iowa,.
5. That the City reserves the right to
reject any and all proposals, and to
waive irregularities in the submission
of any proposals;
6. That the City Council of the City
of Dubuque, Iowa shall review pro-
posals and shall select a developer or
developers to award a Purchase Option
Agreemeng according to the evalua-
tion criteria and other conditions set
¢orth in the Housing Developers Info~
marion Packet, on or before March 20,
1981.
Section 2. That the City Clerk be and
she is hereby authorized and directed
to publish notice of Intent to Enter in-
to a Purchase Option Agreement as is
required by law, in the form hereto at-
tached.
Passed, adopted and approved this
9th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution, and that a
Public Hearing be held on March 16,
1981 at 7:30 p.m. hi the Council
Chamber at the City Hail. Seconded
by Council Member Felderman. Car-
tied by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman~ Pratt.
Nays--None.
Petition of John Adams requesting
to address the Council to discuss the
possibility of changing the sign that
reads "Dubuque A Place to Live" to
read "Dubuque A Place to Love",
presented and read.
Council Member Pratt moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Pratt.
Nays--None.
John Adams, 1004 Bluff St., ad-
dressed the Council and stressed that
74
as a newcomer to the City, he thought
that the changing of one letter in the
word live ('T' to "o") would instill
pride withhu the City and ourselves.
Council Member Felderman moved
that the petition be referred to the
City Manager and Staff for necessary
actions. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Tri-State Fllte
Services, Inc. requesting to address
the Council to seek relief from actions
proposed by the Airport Commission
regarding their lease agreements; com-
municatlon of Tri-State Fllte Services,
Inc. requesting their communication
be withdrawn from the agenda for this
meeting, presented and rea&
Council Member Felderman moved
that the communications both be
received and filed. Seconded by Coun-
cil Member Farrell. Carried by the
following vote:
Yeas--Mayer King, Council Mem-
bers Brady, Ferrell, Felderman, Pratt.
Nays--None.
Petition of Lawrence J. Stoeckel re-
questing a permit to operate an indoor
shooting range at 2100 White St.,
presented and read.
Council Member Pratt moved ~hat
the request be approved and petition
referred to the City Manager for coor-
dination. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting amendments to the
Historic Preservation Ordinance,
presented and read.
Council Member Farrell moved that
the communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, Ferrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 11-81
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDIN-
ANCES OF THE CITY OF DUBU-
QUE, IOWA BE AMENDED BY
REPEALING SECTION 19~/~-2 AND
ENACTING A NEW SECTION
19~-2 IN LIEU THEREOF TO
AMPLIFY DEFINITIONS
THEREIN; BY REPEALING SUB-
Regular Adjourned Session, March 9, 1981
PARAGRAPH 10 OF PARAGRAPH
(al OF SECTION 5 AND ENACTING
A NEW SUBPARAGRAPH 10 OF
PARAGRAPH la) IN LIEU
THEREOF TO PROVIDE THAT
THE COMMISSION MAY ADOPT
GUIDELINES FOR REHABILITA-
TION; AND BY REPEALING SEC-
TION 6 OF CHAPTER 19~/~ AND
ENACTING A NEW SECTION 6 IN
LIEU THEREOF TO PROVIDE FOR
THE IDENTIFICATION AND
DESIGNATION OF HISTORIC
DISTRICTS; AND BY REPEALING
SECTION 10 OF CHAPTER 19~4
AND ENACTING A NEW SECTION
10 IN LIEU THEREOF TO PRO-
VIDE FOR A MANNER OF AP-
PEAL FROM COMMISSION DECI-
SIONS; BY REPEALING SECTION
11 OF CHAPTER 19~/~ AND ENAC-
TING A NEW SECTION 11 IN LIEU
THEREOF PROVIDING FOR
PENALTIES FOR VIOLATIONS
HEREOF, presented and read.
Council Member Ferreil moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Pratt. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Farrell moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady~ Farren, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 11-81
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES OF THE CITY OF DUBU-
QUE, IOWA BE AMENDED BY
REPEALING SECTION 19~-2 AND
ENACTING A NEW SECTION
19~-2 IN LIEU THEREOF TO
AMPLIFY : DEFINITIONS
THEREIN; BY REPEALING SUB-
PARAGRAPH 10 OF PARAGRAPH
Ia) OF SECTION 5 AND ENACTING
A NEW SUBPARAGRAPH 10 OF
PARAGRAPH {a} IN LIEU
THEREOF TO PROVIDE THAT
THE COMMISSION MAY ADOPT
GUIDELINES FOR REHABILITA-
TION; AND BY REPEALING SEC-
TION 6 OF CHAPTER 19~/~AND
ENACTING A NEW SECTION 6 IN
LIEU THEREOF TO PROVIDE FOR
THE IDENTIFICATION AND
Regular Adjourned Session, March 9, 1981 75
DESIGNATION OF HISTORIC
DISTRICTS; AND BY REPEALING
SECTION 10 OF CHAPTER 19Vz
AND ENACTING A NEW SECTION
10 IN LIEU THEREOF TO PRO-
VIDE FOR A MANNER OF AP-
PEAL FROM COMMISSION DECI-
SIONS; BY REPEALING SECTION
11 OF CHAPTER 19~ AND ENAC-
TING A NEW SECTION 11 IN LIEU
THEREOF PROVIDING FOR
PENALTIES FOR VIOLATIONS
HEREOF
NOW THEREFORE BE IT Ot~
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Chapter 19~ of the
Code of Ordinances of the City of
Dubuque, Iowa, known as the City of
Dubuque Historic Preservation Or
dinance, be amended by repealing Sec.
tion 2 and enacting a new Section 2 in
lieu thereof to read as follows:
"Section 19~-2. Definitions.
Certificate of appropriateness. A
document evidencing approval by the
Historic Preservation Commission ora
proposal to make a material change of
use or appearance which must be ob-
rained before a "regulated permit"
may be issued.
Commission. The Dubuque Historic
Preservation Commission, as
established by this Chapter.
Historic District. An area that con.
tuins contiguous pieces of property
under diverse ownership which:
(1) are significant to American
history, architecture, archaeology and
culture, and
(2) possess integrity of location,
design, setting, materials, workman-
ship, feel and association, and
(3) are associated with events that
have been a significant contribution to
the broad patterns of our history, and
(4) are associated with the lives of
persons significant with our pas~ and
(5) embody the distinctive
characteristics of a type period,
method of construction, represent the
work of a master; posess high artistic
values; represent a significant and
distinguishable entity whose com-
ponents may lack individual distinc-
tion, or
(6) have yielded, or may be likely to
yield, information important to
prehistory and history.
Material Change of Appcorauee.
Any change, alteration or modification
of the external appearance of a
building, improvemeng or property
within a historic district is specifical,
ly limited to:
(1) changes in the exterior size, con.
figuration, fenestration, or other struc-
rural features of the property; or
(2) demolition or removal of ali or any
part of a historic or architecturally
significant structure; or
(3) any excavation on property or the
deposit of any waste, fil~ or other
material on property; or
(4) any alteration in size, location or
appearance of any sign on the property.
This definition shall pertain only to
material changes of appearance which
are visible from the public way, and for
which a permit is r~quired for com-
pliance with applicable local codes.
Futharmore, nothing in this definition
shall be construed to prohibit or limit
normal repairs or maintenance which
to not involve alterations or changes in
the external appearance of property.
For individual historic districts, the
definition of "material change in ap-
pearance'' may be expanded to include
additional activities for which a ce~
tificate of appropriateness is rcquired~
Such additional activities may be
delineated in the ordinance desig-
hating an individual distdc~ or by
amending the district~disignating o~
dinance, in the case of a district that
has been previously designatec~ The
impostion of any additional activities
requiring certificates of ap-
propriateness shall requlr~ the ap-
proval of the City Couneil and the prior
recommendation of the Commission
and the State Division of Historic
Preservatio~
Regulated permit. A permit issued
by the Building Commissioner, City
Engineer, or other official of the City
according to provisions of the building
code, or other ordinance of r~gulation,
and which permit is r~gulated by this
Chapter what'
(1) the issuanoe of such permit would
occasion a material change in ap-
pearance, herein definec~ on a struc-
tare or site, and
(2) the site of such permit is located
within a his toric district establishment
pursuant to this Chapter."
Section 2. That Chapter 19~ of the
Code of Ordinances of the City of
Dubuque, Iowa, hnown as the City of
Dubuque Historic Preservation O~
dinance, be amended by repealing sub-
paragraph (10) of paragraph (a) of Sec-
tion 5 and enacting a new sub-
paragraph (10) of paragraph (a) of Sec-
tion 5 in lieu thereof to mad as follows:
"Section 19~-5. Same. Powers and
76 Regular Adjourned Session, March 9, 1981
duties generally, procedures for operw
tions.
(10). The Commission may adopt
such guidelines for building rehabilita-
'tion and restoration as it finds
desirable and appropriate to
complish the provisions of Section
19~..8 (b) (1) of this Code."
Section 3. That Chapter 19½ of the
Code of Ordinances of the City of
Dubuque, lowa, known as the City of
Dubuque Historic Preservation Or~
dinanee, be amended by repealing Sec-
tion 6 and enacting a new Section 6 in
lieu thereof to read as follows:
"Section 19V~-6. Identification and
Designation of Historic Districts.
(a) The Commission may conduct
studies for the identification and
designation of historic districts
meeting the definitions established by
this Chapter. The Commission may
proceed at its own initiative or upon a
petition from any person, group or
association.
(b) The Commission may make a
report and recommendation for the
designation of a historic district, and
may conduct a public hearing thereon.
Such report and recommendation shall
be filed with the Planning and Zoning
Commission, and shall include a pro-
posed ordinance establishing such
district and describing the boundary
thereof
(c) Within sixty (60) days of the
receipt of the reporg recommendation
and proposed ordinance, the Planning
and Zoning Commission shall report to
the City Council with respect to the
relation of such designation to the
general development plan, zoning
dinance, proposed public ira.
pmvements, and any plans or the
renewal of the area involved. Upon
submission of the report of the Plann.
ing and Zoning Commlesioa, or upon
the expiration of the sixty-day period,
the matter shall be transmitted to the
City Council
(d) The City Council shall submit a
description of the proposed area of
historical significance or the petition
describing the area, if the proposed
area is a result of the receipt of a peti-
tion to the Division of Hletoric
cation of the lowa State Historical
Departmeng for review and recommen-
dations concerning the proposed area~
The description of the proposed area
shall be submitted to the Division of
Historlo Preservation at least forty-
five (45) days prior to the date of any
public hearing conducted by the City
Council on an ordinance establishing
the proposed area as an historic
district. Any recommendations made
by the Division of Historic Preserva-
tion shall be made available by the Ci-
ty to the public for viewing during nor-
mol working hours at a City govern-
ment place of publle access.
(e) Upon receiving the recommenda-
tion of the Historic Preservation Com-
mission and the report of the Planning
Commission, and after having received
a recommendation of approval from
the Division of Historic Preservation
or having had the forty-five (45) day
waiting period elapse, the City Council
shall conduct a public hearing on the
ordinance establishing the proposed
Historic preservation District. The
Council may approve or disapprove
the ordinance or may refer the historic
district designation to the Commission
for modification."
Section 4. That Chapter 19~/2 of the
Code of Ordinances of the City of
Dubuque, lowa, known as the City of
Dubuque Historic Preservation O~
dinanee, be amended by repealing Sec-
tion 10 and enacting a new Section 10
in lieu thereof to read as follows:
"Section 191/a-10; Appeals from Com-
mission decisions.
An aggrieved party may appeal the
Commission's action to the City Coun-
cil ]f not satisfied by the decision of
the City Counci~ the party may appeal
within sixty (60) days of the City Coun.
cil's decision to the District Court for
Dubuque County. On appeal the City
Council or the District Court, as the
ease may be, shall consider whether
the Commission has exercised its
powers and followed the guidelines
established by ordinance, and whether
the Commission's action was patently
arbitrary and caprleious. "
Section 5. That Chapter 19~ of the
Code of Ordinances of the City of
Dubuque, Iowa, known as the City of
Dubuque Hletorie Preservation Or-
dinance, be amended by repealing Sec-
tion 11 and enacting a new Section 11
in lieu thereof to read as follows:
"Section 19¼-11. Violations,
Penalties.
Any person who violates, disobeys,
omits, neglects, or refuses to comply
with any provision of this ordinance
shall be guilty of a misdemeanor to be
prosecuted in a court or appropriate
jurisdlation in Dubuque County,
Passed, approved and adopted this
9th dayof March, 1981. .
D. Michael King
Mayor
Regular Adjourned Session, M~rch 9, 1981 77
ATTEST:
Mary A. Davis,
City Clerk
Published officially in the Telegraph
Herald newspaper tins 13th day of
March, 1981.
Mary A. Davis
City Clerk
It 3/13
Council Member Farrell moved final
adoption of the Ordinance. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Resolution approving Sup-
plement No. 7 to the Code of Or-
dinances, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feinerman, Pratt.
Nays--None.
RESOLUTION NO. 59-81
WHEREAS, under date of
November 1, 1976, the City Council of
the City of Dubuque, Iowa, pursuant
to Ordinances 55-76, and after a public
hearing, adopted a Code of Ordinances
of the City of Dubuque, Iowa, for or-
dinances adopted up to and including
September 15, 1975; and
WHEREAS, since September 15,
1975, the City Council of the City of
Dubuque, Iowa, has adopted certain
ordinances amending the Code of Or-
dlnances and said amendments have
been printed from time to time as sup4
plements to the Code of Ordinances;
and
WHEREAS, Section 380.8 of the
1979 Code of Iowa provides that the
supplements, by resolution, become
part of the Code of Ordinances;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Supplement No.
7 to the Code of Ordinances of the City
of Dubuque, Iowa, covering or-
dinances adopted by the City Council
of the City of Dubuque, Iowa, up to
and through June 16, 1980, printed by
the Municipal Code Corporation,
Tallahasses, Florida, hereto filed in the
office of the City Clerk of the City of
Dubuque, Iowa, be and it is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this
9th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Feinerman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of P & Z approving
final plat of Iowa Northwestern
Development Company located east of
Fremont and north of Candlewick
Court known as "Birch Acres",
~resented and read.
Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION 60-81
A Resolution approving the plat of
the Subdivision of Lots 11-19 in Block
8 and the Subdivision of Lotl-l-l-l-1 in
"Birch Acres" in the City of Dubuque,
Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the Sub-
division of Lots 11-19 in Block 8 and
the Subdivision of Lot 1-I-1-1-1 in
"Birch Acres" in the City of Dubuque,
Iowa; and
WHEREAS, said plat has been ex-
amlned by the City Planning and Zon-
lng Commission and had its approval
endorsed thereon; and
WHEREAS. said plat has been ex-
amined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances
relating thereto.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of the Sub-
division of Loto 11-19 in Black 8 and
the Subdivision of Lot 1.1.1-1-1 of
"Birch Acres" in the City of Dubuqus,
78 Regnlur Adjourned Sessio~ March 9,1981
Iowa be and the same is hereby ap-
proved, and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, IQwa upon said plot.
Passed, adopted and approved this
9th day of March, 1981
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bars Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of P & Z approving
final plat of Dubuque Land Develop-
merit Ltd. for portions of property
located in Clarke Crest Estates
presented and read.
Council Member Pratt moved that
the communication bo received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 61-81
Resolution approving the plat of
Lots 4-12 inclusive of Block 4, Lots
1-16 ineluslve of Block 5, Lots 1-4 in-
clueive of Block 6, Lots 1-3 inclusive of
Block 7 sad Lots 5-9 inclusive of Block
8 of Clarke Crest Estates in the City of
Dubuque, Dubuque Ceunty, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the Sub-
division to be known as Lots 4-12 in-
elusive of Block 4, Lots 1-16 inclusive
of Block 5, Lots 1-4 inclusive of Block
6, Lots 1-3 inclusive of Block 7 and
Lots 5-9 inclusive of Block 8 of Clarke
Crest Estates in the City of Dubuque,
Iowa subject to easements of record
and according to the recorded plats
thereof of Lot 2 of 10 of Block 1 of Roy
Ney Subdivision, Lo/~ 2 of Lot 2 of Lot
2 of Lot I of Mi~erai Lot 207, Lot 1 of
Lot 3 of Lot 2 of Mineral Lot 204, Lot
1 of Lot 1 of Mh!eral Lot 205 and Lot 1
of Lot i of 153Alu L. H. Langworthy's
Addition, ail in the City of Dubuque,
Dubuque County, Iowa; and
WHEREAS, upon said plat appear
streete to be known as Clarke Crest
Drive, Farreil Court, Lacey Court, Ney
Court~ and Kuhn Lane, together with
certain public utility easements which
the Ownere by said plat have dedicated
to the public forever; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zou-
ing Commission and had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to
statutes and ordinances relating
thereto, except that streets have not
been brought to grade, or lighting
standards, paving, sewer or water in-
stalled;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedications of
Clothe Crest Drive, Farrell Court,
Lacey Court Ney Court, and Kuhn
Lane, together with the eassmente for
public utilities as the same appear
upon said plat be and the same are
hereby accepted;
Section 2. That the plot of Lute 4.12 in-
elusive of Block 4, Lots 1-16 inclusive
of Block ~, Lots 1-4 inclusive of Block
6, Lots 1-3 inclusive of Block 7 and
Lots 5-9 inclusive of Blook 8 of Clorke
Crest Estotes, in the City of Dubuque,
Iowa, be and the same is hereby ap-
proved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon sald plot provid-
ed the owners of said property herein
tonce hereto attached agreeing:
~ To reduce all streets to grade and
to construct Clarke Crest Drivg, Furrell
Court, Lacey Court Ney Court, and
Kuhn Lane with 10" of rolled stone
base and 3" of bituminous concrete
surfncing or 4" rolled stone base and
6" of Pgr~lond Cement Concrete paoc'
merit with integral curb and gutter. All
of the foregoing shall be constructed
according to the latest City of Dubu,
qua specifications.
b. To install sanitory sewer mains
and sewer serVice loterale in acco~-
dance with plans submitted with the
Plot'
¢. To install water mains and water
service laterals in accordance with
pious submitted with the pla~.
d. To install storm sewers and cateh-
basins in adeordance with plans sub-
mitred with the plo~'
e. To install concrete sidglvalks as re-
quired by O~dinances, and where
directed by the City Engineer and the
City Manager;
Regular Adjourned Session, March 9, 1981 79
f To install in accordance with the
City specifications, boulevard street
lighting within thirty (80) days after
the completion of the adjacent curb
and gutter within any particulor sec-
tion of the proposed subdivision;
g. To construct all improvements in
compliance with any and all applicablo
City of Dubuque specifications and as
approved by the City Engineer,.
h. To maintain the foregoing im-
provements for a period of four (4)
years from the date of their acceptance
by the City of Dubuque, Iowa;
i. To provide the foregoing construe-
tion and maintenance at the solo
pence of the Developer and Subdivider
J. To construct said improvements,
except sidewalks, prior to November 1.
1982 and to construct the sidewalks
prior to November1, 1983,.
and luther provided that said Owner of
said Subdivision, secure the perfo~
mance of the foregoing conditions by
providing security in such form and
with such sureties as may be accep-
table to the City Manager.
Section 3. That in the event the
Owner of said Subdivision shall fail to
execute the accetonee and furnish the
security provided for in Section 2
hereof within forty-five (45) days after
the date of this Resolution, the provi-
sions hereof shall be null and void and
the acceptance of the dedication and
approval of the plot shall not be effoe-
Passed approved and adopted, this
9th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION
NO.61.81
We, the undersigned Dubuque Land
Development, LTD. having read the
terms and conditions of the foregoing
Resolution No. 61-81 and being
familiar with the condition thereof,
hereby accept the same and agree to
the condition required therein.
Dated at Dubuque, Iowa this 26th
day of March, 1981.
Dubuque Land Development, LTD.
By:
Ed Tschiggfrie, Pres.
By:
Ed Tschiggfrie, Sec.
To: Mary A. Davis, City Clerk
This is to certify that the security
provided by the foregoing Resolution
No. 6t-81 has been furnished by the
Dated at Dubuque this 1st day of
April, 1981.
W. Kenneth Gearhart
City Manager
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bets brady, Farrell, Feldermou, Pratt.
Nays--None.
An Ordinance Establishing the
West llth Street Urban Revitalization
Area pursuant to the requirements of
House File 81, enacted by tlie 68th
General Assembly of the State of
Iowa, presented and read.
Council Member Pratt moved that
the reading just had be considered the
second reading of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 62-81.
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following having compiled
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
USA Petroleum-Sears Gasoline
300 S. Locust
Mary Poire Highway 20 West
Passed, adopted and approved this
9th day of March 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
rled by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 63-81.
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named
pllcants a Beer Permit.
CLASS "C" BEER PERMIT
Will-Co, Inc. 805 West 5th St.
IAlso Sunday Sales)
Passed, adopted and approved this
9th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 64-81
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
William (Tony) Urbain 2186 Central
Junnie's Lounge, Ltd. 2095 Kerper
(Also Sunday Sales)
F.O. of Eagles, #1175 Century Dr.
(Also Sunday Sales)
KC & S Co,, Inc. 4th & Main
(Also Sunday Sales)
Mary Pelto Highway 20 W.
Passed, adopted and approved this
9th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farreil moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
Regular Adjourned Session, March 9, 1981
tied by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
MINUTES SUBMITTED: Airport
Commission of 2-16, Cable TV Com-
mission of 2-9, Civil Service Commis-
sion of 12-19, Dock Commission of
2-24, Five Flags Commission of 2-16,
Housing Commission of 2-17, P & Z of
2-18 & 2~5, Recreation Conunlasinn of
1-12 & 2-16, Park Board of 1-9 & 2-13,
Public Library of 2-13, Transit Board
of 12-11, 12-16, 1-8, 2-12, Earnings
Statement and Stats for month of
January 1981, presented and read.
Council Member Feldorman moved
that the minutes be received and filed.
Seconded by Council Member Pratt.
Carried by the renewing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Printed Council Proceedings for
month of September and October,
1980, presented and read.
Council Member Felderman moved
that the proceedings be approved as
printed, Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communications of Iowa DOT ad-
vising of proposals to lot an asphaltic
concrete resurfacing and pavement
marking projects on Primary Road &
U.S. #52 and on U.S. #20 from Iowa
Primary Highway #966 easterly to
Grandvlaw Ave. in the City of Dubu-
que on April 29, 1981, presented and
read.
Council Member Felderman moved
that the communications be received
and filed. Seconded by Council
Member Pratt. Carried by the follow*
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Iowa DEQ sub-
mitting Routine Survey on Wells and
Distribution System in the City,
presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Far~ell, Felderman, Pratt.
Nays--None.
Petition of Delos A. Dorweiler
Regular Adjourned Session, March 9, 1981 81
volunteering to enforce three traffic
noise Ordinances, presented and read.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Teleprompter
Corp. submitting waiver of rules and
regulations of the Federal Communica-
tions Commission regarding Petition
for Special Relief, presented and read.
Council Member Felderman moved
that the communication be referred to
the Cable Commission. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Joe Backes and
Harold P. Moldt, Jr. submitting
resignations from Housing Rehabilita-
tion Commission, presented and read,
Council Member Felderman moved
that the resignations be accepted with
regret. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--Nona.
March 3, 1981
Honorable Mayor and Members
of the City Council
Dubuque, Iowa
Dear Council Members:
In accordance with the provisions of
Chapter 400 of the Code of Iowa, 1979,
the Civil Service Commission con-
ducted Promotional Examinations on
February 4 and 5, 1981 for members of
the Fire Department.
The following members of the Fire
Department have passed the written
promotional examinations with an
average of seventy percent (70%) or
better
Lieutenant Inspector
Miller, James C.
Fire Equipment Operator
Rogers, Gerald W.
Tigges, Richard S.
Respectfully submitted,
Dolores A. Relhle
Chairperson
John E. Hess
Ann Smith
Civil Service Commission
ATTEST:
Mary A. Davis
Secretary
Subscribed and sworn to before me
this 3rd day of March. 1981.
Karen M. Chesterman
Notary Public
Council Member Felderman moved
that the communication be received
and filed and be made a matter of
record. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--Nona.
NOTICES OF CLAIMS: Bonnie
Brandenburg, in amount of $5,000
plus medical expenses for personal in-
juries; Notice from Small Claims Court
for Delos Dorweller vs. City of Dubu-
que for property damages, in amount
of $999.00; Mrs. Dorance (Monica) Cox
in amount of $15.25 for personal in-
juries, presented and read.
Council Member Felderman moved
that the claims and suits be referred to
the Corporation Counsel, Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
Richard Mangler claim in the amount
of $150 for motor vehicle damages,
presented and read.
Council Member Felderman moved
that the settlement be approved and
Finance Director to issue proper
check. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Felderman, Pratt.
Nays--None.
Communications of Corporation
Counsel recommending denial of Tire
Damage claim of Bill Meyer, recom-
mending denial of personal injuries
claim of Virgil Welmerskirch, recom-
mending denial of claim of Roger
Simon for false arrest, presented and
read.
Council Member Felderman moved
that the denials be approved. Second-
ed by Council Member Pratt. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldorman, Pratt.
Nays--None.
Refunds Requested--Darlane Sex-
ton $25 on Unexpired Cigarette
License; Alvin Kloft, $25 on unexpired
Cigarette License; Alvin Kloft $633.75
on unexpired Liquor License,
82 Regular Adjourned Session March 9, 1981
presented and read
Council Member Felderman moved
that requests be approved and
Finance Director to issue proper
checks. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Ferrell. Felderman, Pratt.
Nays--None.
Petition of John Moore requesting
to up newstand in the Town Clock
Plaza Area, presented and read.
Council Member Felderman moved
that the petition be recelved and filed
and referred to the City Manager.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bars Brady, Ferrell, Felderman, Pratt.
Nays--None.
Petition of Clarence Burdt et al re-
questing contract remain in force
under new franchise for Lifetime
Members under present contract
Renier Co., Sally Dugdale, Tri-Stata
Electronic Association and Bob
Lehnherdt et al (203 signers) re-
questing to go to open bidding on new
Cable Franchise, presented and read.
Council Member Felderman moved
that the petitions be referred to the
Cable TV Commission. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition of Tri-State Electronics
Aeeocietien requesting cable franchise
provide that all cable channels with re-
quired taps be supplied to dealers and
servicers, presented and read.
Council Member Felderman moved
that the petition be referred to the
Cable TV Commission. Seconded by
Council Member Pratt. Carrled by the
following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Larry Stceckel of Central Hardware,
requested further clarification of the
disposition of Item //3, which was
givou by Council.
8:11 P.M. Council Member Felder-
man moved to go into Executive Sas-
sion to discuss pending litigation with
Corporation Counsel. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bars Brady, Farrell, Felderman, Pratt.
Nays--Noue.
8:32 P.M. Council reconvened.
Mayor King announced Corporation
Counsel had been given direction from
Council reqarding pending litigation.
There being no further business,
Council Member Felderman moved to
adjourn. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved 1981
Adopted 1981
Council Members
Special Session, March 10,1981
88
CITY COUNCIL
OFFICIAL
Special Session, March 10, 1981
Council met at 7:00 P.M.C.S.T.
Present--Mayor King, Council
Members Brady, Farrell, Felderman,
City Manager W. Kenneth Gearhart,
Corporation Counsel R.N. Rnaso.
Absent at Roll Call--Council
Member Pratt.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to conduct a Public Hearing
Regarding the Adoption of the Fiscal
Year 1982 Budget for the City of
Dubuque, Iowa.
Proof of Publication, certffied to by
the Publisher, of Notice of Public
Hearing for purpose of obtaining
views of residents of the City on Com-
munity Development and Housing
Needs, presented and read.
Judy Fjeliman, of League of Women
Voters read a communication suppor-
ting the use of Community Develop-
ment Block Grant Funds for improv-
lng declining neighborhoods.
Council Member Farreli moved that
the proof of publication be received
and filed. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent-Council Member Pratt.
Proof of publication, certified to by
the publisher, of Notice of Public Hear-
ing regarding use of Revenue Sharing
Funds for Fiscal Year 1982, presented
and read.
Council Member Farrell moved that
the proof of publication be received
and filed. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Feldermou.
Nays--None.
Abs/~nt-Council Member Pratt.
Proofs of Publication, certified to by
the publisher, of Notices of Public In-
formatiou Meetings, conducted by
City Manager and Staff to discuss the
recommended Fiscal Year 1982
Budget, presented and read.
Council Member Farrell moved that
the proofs of publication be received
and Bled. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing on proposed 1981-1982
Budget, presented and read
Council Member Farreli moved that
the proof of publication be received
and filed. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bars Brady, Farrell, Felderman.
Nays--Nona.
Absent--Council Member Pratt.
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing for the adoption of the Five
Year Capital Improvement Program,
presented and read.
Council Member Farrell moved that
the proof of publication be received
and filed. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Coundl Mem-
bars Brady, Farcell, Felderman.
Nays--None.
Absout--Councll Member Pratt.
Petitions of Mrs. Joan Barnes,
Syman W. Barnes, James Cholen,
Teresa Fischer, et al, requesting not to
eliminate the position of Assistant
Naturalist at E,B. Lyons Prairie
Woodland Preserve; Petition of
Theresa and Joseph C. Grau re.
questing not to charge admission to
Eagle Point Park; Petitions of
Cathryne M. Chi, Richard E.
Giesbrecht, Ruth Rasmussen, Tri.
State Independent Blind Society,
Wartburg Theological Seminary,
League of Women Voters of Dubuque,
Dubuque Federation of Labor,
Marflyn Shanks, Myrlena Augnstin,
International Association of
Machinists and Aerospace Workers,
United Labor Participation Commit.
tee, requesting to retain the position of
"Investigator" within the Human
Rights Office, presented and read.
Council Member Farrell moved that
the petitions be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farcell, Felderman.
Nays--None.
Abcent--Counafl Member Pratt.
Council Member Farrell moved to
suspend the rules to let anyone pre-
84 Special Session
sent address the Council if they s~
desire. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Dr. W.C. Neumaister of 3675 Cres-
cent Ridge stated hie opposition to the
high administrative salaries and spoke
in favor of higher Council salaries.
Council Member Pratt entered~ the
Meeting at 7:16 P.M.
Mr. John Klauer, representing the
Committee for Civic Responsibility
presented a letter to the Council sum-
mariaing Ms comments re: Put com-
plete freeze on all salaries over $25,000;
Freeze on outside consultants,
especially team leadership program
and requested major change in license
fee for dogs and cats, employment of
Personnel Technician not necessary.
Council Member Farrell moved that
the connnuhication of Mr. Klauer be
received and filed. Seconded by Coun-
cil Member Felderman. Carried by the
foilowing vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Felderman, Pratt.
Nays--None.
Louis Martin and Ta-Yu Yang,
representatives of the Iowa Civil
Rights Connnlasion spoke in favor of
reinstating the Investigator position
in the Human Bights Department,
Judy Fjellman, on behalf of League of
Women Voters presented and read a
communication supporting position of
Investigator in Human Bights Depart-
ment, expressed support on the in-
voluntary annexation of the NE area
and Manager's & Council's position of
user fees and supported monies in the
budget for travel.
Council Member Farrell moved that
the communication be received and ffl-
ed. Seconded by Council Member
Felderman, Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Felderman, Pratt.
Nays--None.
Allan Thorns, representing Chamber
of Commerce presented and read a
communication submitting following
comments: Commended Council, City
Manager and Staff given to questions
asked pertaining to budget prepare-
tion; approved of lowering number of
refuse collections throughout the City;
favored a user fee on special clean-up
efforts by the Fire Department; Ap-
March 10,1981
proving the bringing together the
Dock Office and Public Works/Parking
Division and recommended monitor-
ing the effects of reducing the Human
Rights Department Staff.
Council Member Farrell moved that
the communication presented by Mr..
Thorns be received and filed. Seconded
by Council Member Feldermen. Car-
tied by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Victor Grice, from Coventry Courts,
made the following comments: Ticket
enforcement in the downtown area
should be increased, there should be
better enforcement of weight limits for
trucks on Grandview Avenue, oppee-
ing the payment to the Chamber of
Commerce for Economic Develop-
merit, suggested a reduction in
Building Inspectors and more inspec-
tions by one Generallst type Inspec-
Alvin Maus, of 1075 Tressa Street,
suggested holding taxes down.
Dave Schrciber, 2154 St. John Dr.
supported Cou~fl Member Brady's
recommendation for Council wage in-
creases and suggested the City get on
with the business of building a
freeway.
No other oral comments being
received, Council Member Feldarmou
moved to close the Hearing for public
comment and return to the table.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bors Bradyy Farrell, Feldermen, Pratt.
Nays--None. ~
Communication of Barn Community
Theatre objecting to proposed rental
increase at the Slattery Center from
$1,500 per year to $3,000 per year,
presented and read.
Council Member Brady moved that
the communication be received and
filed. Seconded by Council Member
Pratt~ Carried by the following vote:
Yeas--Mayar King, Council Mem-
bors Brady, Farreil, Felderman, Pratt.
Nays--None. ~
Council Recessed at 7:55 P.M.~
Council Reconvened in Regular Sos-
sion at 8:02 P.M.
Mayor King announced they would
discuss each department individually
and make amendments, if desired, dur-
ing each departmental discussions.
PARK DEPARTMENT: Council
Member Brady moved to cut $8,000
from lines items relating to
Special Session
maintenance of Grandvlaw Avenue.
Seconded by Council Member Pratt
Vote on the motion was as follows:
Yeas--Council Member Brady.
Nays--Mayor King, Council
Members Farreil, Felderman. Pratt.
MOTION FAILED.
LIBRARY DEPARTMENT.No
Amendments.
CIVIC CENTER - No Amendments.
Council Member Farrell recommended
to keep abreast of revenues coming in-
to.
RECREATION DEPARTMENT-
No Amendments.
DOCK COMMISSION - No Amend-
ments.
ENGINEERING DIVISION -
Council Member Felderman moved
that the automobile in the engineering
bid be reduced from $8,000 to $6,500.
Seconded by Council Member Pratt
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
WATER DEPARTMENT.No
Amendements- Public Works Direc-
tor Murray advised that the change in
the proposed water rates for the
50,000 to 100,000 cubic foot users
would result in an increase in water
revenues of $9,000. This does not af-
fect the proposed budget.
WASTEWATER TREATMENT
PLANT - Council Member Brady mov-
ed that $28,843 in the Wastewater
Treatment Budget for the Wastewater
Treatment Manager position be
eliminated. MOTION DIED FOR
LACK OF A SECOND.
Council Member Brady moved that
the Wastewater Treatment budget be
reduced by $26,221 by eliminating the
Sewage Plant Supervisor position.
MOTION DIED FOR LACK OF A
SECOND.
Street Department-No Amend-
ments.
PARKING DEPARTMENT- No
Amendments.
AIRPORT DEPARTMENT -
Mayor King suggested Solid Waste
Agency would follow-up with the Air-
port Commission on the question of
using landfill equipment for certain
airport grading project.
TRANSIT DEPARTMENT -
Council Member Fciderman moved to
approve copier request in the amount
of $3,000 from UMTA Funds. Second-
ed by Cou~ncfl Member Fatten. Carried
by the following vote:
March 10,1981 85
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
POLICE DEPARTMENT-No
Amendments-Council Member Brady
requested to make commitment to
Staff all police officers as budgeted.
FIRE DEPARTMENT - No Amend-
DISASTER SERVICES · No
Amendments.
HUMAN RIGHTS DEPARTMENT-
No Amendments. Council Member
Farrell suggested that the Human
Rights caseload and backing be
monitored in May and September and
that reports be made to the City Coun-
cil. Council Member Pratt requested
that every 30 to 60 days a brief report
be presented to the City Council.
Council Member Felderman mede a
friendly amendment to this suggestion
that monthly reports outlining the
number of cases, disposition and
backlog be made on a monthly basis
starting in May in order to obtain the
before and after effect. Council
Member Brady moved that the In-
vestigator be added back to budget
and Clerk Typist be removed and pool
be established in vacant position. MO-
TION DIED FOR LACK OF A SE-
COND
FINANCE DEPARTMENT-No
Amendments.
INFORMATION SERVICES- No
Amendments. Council Member Brady
requested quarterly reports be made
available to Council.
LEGAL DEPARTMENT- Council
Member Felderman moved to
authorize the 10% wage increase for
the Corporation Counsel and the 7%
wage increase built in the FY 1982
Budget. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
CITY CLERK DEPARTMENT- No
Amendment.
CITY MANAGER OFFICE -
Council Member Pratt moved to
eliminate the position of personnel
Technician with a friendly amendment
to also eliminate the appropriation for
the newsletter with net effect on pro-
perty taxes being $27,841. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
CITY COUNCIL- Council Member
86 Special Session March 10, 1981
Farreil moved that the City maintain
same salary of $3,000 for Council
Members and 53,500 for Mayor.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Farreil, Falderman, Pratt.
Nays--Council Member Brady.
Council Member Brady moved that
the salary for Council Members be
$4,000 and salary for Mayor be $4,500.
MOTION DIED FOR LACK OF A
SECOND.
COMMUNITY DEVELOPMENT
PROGRAM - No Amendments.
PHYSICAL DEVELOPMENT - No
Amendments. Council Member Farrell
expressed concern that the P & Z Com-
mission may be hampered by reduc-
tion in Staff, considering major issues
facing them in the upcoming years.
She further requested monthly or
bimonthly reports on services by same
be given to City Council as part of
their monthly minutes.
HEALTH SERVICES - No Amend-
merits.
BUILDING SERVICES-Council
Member Falderman moved to reduce
the appropriation for automobile in
the Building Services Division from
$8,000 to $6,500. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeos--Mayar King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
HOUSING SERVICES - No
Amendments.
CONTRIBUTIONS - Council
Member Farrell moved to eliminate
contribution of $18,500 to the In/or-
marian and Referral Services. MO-
TION DIED FOR LACK OF A SE-
COND.
Council Member Brady moved to ap-
proprlate $5,000 to Colts Drum and
Bugle Corps. MOTION DIED FOR
LACK OF A SECOND.
Council Member Farrell moved to
approve request of Colts but reduce
amount to $2,500. Seconded by Coun-
cil Member Brady. Vote on the motion
was as follows:
Yeas--Council Member Brady, Far-
roll.
Nays--Mayor King, Council Mem-
bers Faldarman, Pratt.
MOTION FAILED,
PURCHASE OF SERVICES-
Council Member Pratt moved to
amend the Convention and Visitors
Bureau to include the $27,500 plus
30% of the amount of money received
in FY 81 exceeding $225,000
estimated in the budget. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Falderman, Pratt.
Nays--None.
Council Member Brady moved to cut
the contribution of $27,500 to the
Chamber of Commerce for Economic
Development. Seconded by Council
Member Farrell. Vote on the motion
was as follows:
Yeas--Council Members Brady, Fa~
tell,
Nays--Mayor King, Council Mem-
bers Falderman, Pratt.
MOTION FAILED.
CABLE COMMISSION
DEPARTMENT - No Amendements.
Council Member Brady moved that
the City Manager be instructed to
deduct $20,000 from administrative
salaries within City employees. MO-
TION DIED FOR LACK OF A SE-
COND.
City Council did n~t include an ap-
propriation for the Riverboat
Musuem. Council Member Pratt mov-
ed that the tax asking be reduced by
$50,000 due to health insurance ap-
proprlation be lower than estimated.
Seconded by Council Member Felder-
man. Carried by the fonowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldarmsn, Pratt.
Nays--None.
RESOLUTION NO. 65-81
A Resolution adopting the Annual
Budget for the Fileal Year ending
June 30, 1982.
BE IT RESOLVED by the Council
of the City of Dubuque, Iowa:
The annual budget for the fiscal year
ending June 30, 1982, as set forth in
the Budget Summary Certificate and
in the Detailed budget in support
thereof showing the revenue estimates
and appropriation expenditures and
allocations to programs and activities
for said fiscal year is adopted, and the
Clerk is directed to make the filings re-
qulred by law and to set up his books
in accordance with the summary and
details as adopted,
Passed and approved on March 10,
1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, March 10, 1981
Council Member Pratt moved adop-
tion of the Resolution as amended.
Seconded by Council Member Falder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--Council Member Brady.
RESOLUTION NO. 66-81
Adoption of five year Capital Im-
provement Program
WHEREAS; a recommended Five
Year Capital Improvement Program
for the period beginning July 1, 1981
and ending June 30, 1986 for the City
of Dubuque has been prepared and
submitted to the City Council; and
WHEREAS, the Five Year Capital
Improvement Program:
1) describes specific capital improve-
ment projects;
2) provides estimated costs for those
projects;
3) proposes sources of funds for each
of them; and
4) schedules the year during which
each project will be undertaken; and
WHEREAS, the Capital projects for
the first year are included in the Fiscal
Year 1982 Budget for the City of
Dubuque; and
WHEREAS, the Five Year Capital
Improvement Program will be recon-
sidered annually by the City Council
and appropriately revised; and
WHEREAS, the adoption of the
Five Year Capital Improvement Pro-
gram is a prudent measure to provide
continuity of programs and is in the
best interest of the City of Dubuque:
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Five Year Capital
lmprovemant Program for the period
beginning July 1, 1981 as set out in the
Fiscal Year 1982-1986 Recommended
Capital Improvement Budget as
amended is hereby approved and
adopted as the proposed allocation of
City resources for capital ira-
provements as sehedulod in the years
shown, subject to annual review and
revision.
Passed, approved and adopted this
10th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Fciderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Farreil, Fciderman, Pratt.
Nays--Council Member Brqdy.
ORDINANCE NO. 1~-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEAL-
lNG SECTION 16-36 PERMIT FEES,
OF DIVISION 2, ARTICLE III
MILK AND MILK PRODUCTS AND
ENACTING A NEW SECTION 16-36
PERMIT FEES. OF DIVISION 2 AR-
TICLE III IN LIEU THEREOF TO
PROVIDE FOR REVISION OF
MILK PERMIT FEES, presented and
read.
Council Member Pratt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Felderman.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Felderman. Car-
tied by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 12-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BY REPEALING
SECTION 16-36 PERMIT FEES, OF
DIVISION 2 ARTICLE III MILK
AND MILK PRODUCTS AND
ENACTING A NEW SECTION 16-36
PERMIT FEES, OF DIVISION 2 AR-
TICLE III IN LIEU THEREOF TO
PROVIDE FOR REVISION OF
MILK PERMIT FEES.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code o/ O~
dinanees of the City o/Dubuque, Iowa
be amended by repealing Section 16-36
Permit Fees of Division 2 Article III
Milk and Milk Products and enacting
a new Section 16-36 Permit Fees of
Division 2 Article III in lieu thereof to
Special Session, March 10, 1981
provide as follows:
"Article III" Milk and Milk Pro-
ducts, Division 2
Section 16-36 Permit Fees
fa) Every person that operates a milk
plant and brings into, sends into, or
receives in the city, milk or milk pro-
duets, shall pay a monthly permit fee
of two and one fourth cents ($0.0225}
for each one hundred (100} pounds of
such milk or milk products to the of-
ricer authorized to investigate the ac-
curacy of the permit fees paid
hereunder.
(b) On or before the twentieth day of
each month, the permittee shall file
with the City Treasurer a statement
showing amounts of milk handled in
the preeeding month together with its
remittance for the full amount due.
re)An additional ten percent (10%)
penalty shall attach for failure w pay
such fees when due. Failure to pay
monthly permit fees when due shall be
grounds for revocation or suspension
of the permit.
(d) Any person who shall have paid a
fee to any municipality which enforces
standards equivalent to the re-
quirements of this section shall be
titled to a credit against the permit fee
established herein in the amount so
paid but not in excess of two and one
fourth cents ($0.0225) per one hundred
(100} pounds of milk or milk products;
provided, however, thag in order to be
entitled to such credi~ the permit
holder shall first exhibit satisfuetory
evidence of such payment to such
other municipality and that such
municipality extentls reciprocal
crzdits against its fees for amounts
paid to this city.
Provision of this Ordinance shall be
applicable for an volumes of Grade A
milk and milk products brought into,
sent into or received in the City
Dubuque, Iowa on and after July 1,
1981.
Tins Ordinance shall be in full force
and effect July 1, 1981, after its final
adoption and publication as provided
by law.
Passed, approved and adopted tins
10th day of Mar~h, 1981.
~aayor
ATTEST:
Mary A. Davis,
City Clerk
Published officially in the Telegraph
Herald newspaper tins 19th day of
March, 1961.
Mary A. Davis
City Clerk It 3/19
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor Ring, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 13-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEAL-
ING SECTION 36-161 (1) COMMER-
CIAL AND INDUSTRIAL USES,
DIVISION 4, RATES AND ENAC-
TING A NEW SECTION 36-161,
RESIDENTIAL, COMMERCIAL
AND INDUSTRIAL USES, UNDER
DIVISION 4, RATES, IN LIEU
THEREOF TO PROVIDE FOR
REVISION OF WATER RATES,
~resented and read.
Council Member Pratt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Felderman.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Member
Brady, Farreil, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 13-81
AN ORDINANCEAMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEAL-
ING SECTION 36.161 (1) COMMER-
CIAL AND INDUSTRIAL USES.,
DIVISION 4. RATES, AND ENAC-
TING A NEW SECTION 36-161,
RESIDENTIAL, COMMERICAL
AND INDUSTRIAL USES, UNDER
DIVISION 4. RATES, IN LIEU
THEREOF TO PROVIDE FOR
REVISION OF WATER RATES~
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by
repealing Section 36-161, Residentia~
Commercial and Industrial ,Uses,
under Division 4. Rates, and enacting
a new Section 36-161, Residentia~
Commercial and Industrial Uses under
Division 4. Rates, in lieu thereof as
Special Session March 10, 1981
89
follows:
Section 36-161. Residentia~
Commercial and
Industrial Uses.
a) Commencing with all billings on
April i, 1981, the rates to be charged
for water for residentiag eommercia~
industrial and other uses and purposes
by any person, firm or corporation sup-
plying water within the city shall be
fixed and determined as follows:
(1) Water rates for users within the
city whose meters are read monthly
shall be as follows:
Comsumptinn Charge Per
Hundred Cubic Feet
First 3,000 .................. $1.02
Next 12,000 ................. 0.81
Next 35,000 ................. 0.71
Next 50,000 ................. 0.62
Over 100,000 ................ 0.55
The minimum monthly charge acco~
ding to the size of the meters shall be
as follows:
Meter Size Minimum Allowance
(inches) Charge (eubic feet)
5/8 $ 2.04 200
3/4 8.16 800
1 13,26 1,300
1-1/4 21.42 2,100
1-1/2 26.52 2,600
2 43.56 4,600
3 92.16 10,600
4 140.38 16,800
6 282.58 36,800
8 453.80 32,500
2. Water rates for users within the
city, whose meters are read bimonthly
shall be as follows:
Consumption Charge Per
Hundred Cubic Feet
First 6,000 .................. $1.02
Next 24,000 ................. 0.81
Next 70,000 ................. 0.71
Next 100,000 ................ 0.62
Next 200,000 ................ 0.55
The minimum bimonthly charge ac~
cording to size of meters shall be as
follows:
Meter Size Minimum Allowance
(inches) Charge (cubic feet)
5/8 $ 4,08 400
3/4 16.32 1,600
1 26.52 2,600
1-1/4 42.84 4,200
1-1/2 53.05 ' 5,200
2 87.12 9,200
b). Commencing with all billings on
and after April i, 1981, the rates to be
charged for water supplied by the city
water department to residential com-
meraiag industrial and other uses and
purposes by ~any person, firm or cop
poration, outside the corporation
limits of the City of Dubuque, Iowa,
shall be the same rates provided in
subsection (a) hereof, plus an addi-
tional fifty (50) percent W the rates
listed in said subsection. This o~
dinance shall be in full force and effect
on April 1, 1981, after its final adoption
and publication as provided by law.
Passed, approved and adopted tins
10th day of March, 1981.
D. Michael King,
Mayor
ATTEST:
Mary A. Davis,
City Clerk
Published officially in the Telegraph
Herald newspaper tins 19th day of
March, 1981.
Mary A. Davis
City Clerk
It 8/19
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Feldorman, Pratt.
Nays--None.
ORDINANCE NO. 14-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BY REPEALING
SECTION 17-33 AND SUBSEC-
TIONS 17-36 (al AND 17-37 (a), AND
ENACTING NEW SECTION 17-33
AND NEW SUBSECTIONS 17-36 iai
AND 17-37 (a), IN LIEU THEREOF,
THIS SECTION AND THESE
SUBSECTIONS RELATE TO FRE-
QUENCY, TIME AND AREAS OF
COLLECTION, CHARGES AND
BILLING UNDER DIVISION 2,
CITY COLLECTION SERVICES OF
THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA,
presented and read.
Council Member Pratt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Felderman.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to bo
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Special Session, March 10, 1981
Nays--None.
ORDINANCE NO. 14-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEAL-
ING SECTION 17-33 AND SUBSEC-
TIONS 17-36 (a), AND 17-37 (a), AND
ENACTING NEW SECTION 17-33
AND NEW SUBSECTIONS 17-36 (a),
AND 17-37 (a), IN LIEU THEREOF.
THIS SECTION AND THESE
SUBSECTIONS RELATE TO FRE-
QUENCY, TIME AND AREAS OF
COLLECTION CHARGES AND
BILLING UNDER DIVISION 2,
CITY COLLECTION SERVICES OF
THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA.
NOW THEREFORE BE IT Ot~
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA, THAT:
Section 17-33, Frequency, Time and
Area of Collection, under Division 2,
City Coilectlon Service of the Code of
Ordinances, City of Dubuque, Iowa be
repealed and a new Section 17-33 be
added in lieu thereof as follows:
Section 17-33. Frequency, Time and
Areas of Collection.
(a) Until October 5, 1981, collection
shall be made not more than twice
weekly at such time and in such areas
of the City as shall be set out in
schedules prepared by the City
Manager.
(b) After October 5, 1981, collection
shall be made not more than once
weekly at such time and in such areas
of the City as shall be set out in
schedules prepared by the City
Manager.
(c) The City Manager is hereby
authorized and empowered to change
or amend collection schedules from
time to time, as he,
shall deem necessary.
Subsection 17-36 (a), "Charges-
Amounts; exceptions" under Division
2, City Collection Section of the Code
of Ordinances, City of Dubuque, Iowa,
be repealed and a new Subsection 17.36
(a) be adopted in lieu thereof as follows:
Subsection 17-36 (a). Charges
Amounts; exceptions.
Class I Premises. Except as
qualified below, a fee of four dollars
and twenty cents ($4.20) per month
shall be charged by the City and col-
lected from each owner of a Class I
Premises for such service effective
April 1, 1981. Said charge or fee shall
be in payment for collection and
disposal of garbage and refuse as de fin-
ed. Exceptions to the collection charge
for Class I Premises are as follows:
1. When a Class I Premises has been
vacant for a period of three con-
secutive months or longer, the owner
may apply for a credit under pro-
cedures to be established by the City
Manager. Such exemption shall con-
tinue only so long as the Class I
Premises is vacant.
2. Class I Premises when the head of
a house hold is sixty-five (65) years or
older and with a per family annual in-
come of seven thousand, four hundred
dollars ($7,400.00) or less, may, upon
application, be exempted from one-half
11/2) the established collection charge.
Subsequent to initlal application and
eligibility, annual applicatlon must be
made on July 1 of each year to verify
annual income and eligibility..
3. In cases of extreme financial hard-
ship, the City Manager may, and is
hereby authorized and empowered to,
make adjustments in the monthly col-
lection charge.
In ali such cases, the City Manager
shall have the authority to require
such proof of vacancy, financial
status, age or e~treme hardship as he
may deem necessary.
Subsequent 17~7 (a), "Same-billing
and Collection" under Division 2, City
Collection Section of the Code of Ot~
dinances, City of Dubuque, Iowa, be
repealed and a new subsection 17-37(a)
be adopted in lieu thereof as follows:
Subsection 17-37 (a). Same-billing
and Collection.
Initially, the City Manager shall bill
service from a record of
accounts registerfd for billing on April
1, 1981. Subsequently, the City
Manager is authorized to bill tenants
upon the request of the property owner
according to ~ procedure to be
established by the City Manager. The
property owner in such cases shall
agree to provide data on tenants'
movements. In cases of no city water
or sewer service, the City shall bill the
This Ordinance shall be in full force
and effect on April 1, 1981, after its
~nal passage, approval .and publica-
tion as provided by law.
Passed, approved and adopted this
10th day of March, 1981.
D. Michael King,
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Special Session
Herald newspaper this 19th day, of
March, 1981.
Mary A. Davis,
City Clerk
It 3/19
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
There being no further business,
Council Member Farrell moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the foliowing
vote~
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved______1981
Adopted _ 1981
Council Members
ATTEST:
City Clerk
March 10, 1981
91
92 Special Session March 16, 1981
CITY COUNCIL
OFFICIAL
Special Session, March 16, 1981.
Council met at 7:30 P.M. (C.S.T.)
Present: Mayor King, Council Mem-
bers Brady, Felderman, Pratt, City
Manager W. Kenneth Gearhart, Cot-
poratiox, Counsel R. N. Russo,
Absent-Council Member Farrell.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
Purpose to consider a Resolution
Directing the Mayor to enter into a
Purchase Option Agreement and ac-
ting upon such other business which
may come before the Council.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to enter into a Purchase Op-
tion Agreement regarding Radford
Housing Site, presented and read.
No written objections were received
and no oral objectors were present at
the public hearing.
Council Member Pratt moved that
the Proof of Publication be received
and filed. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Certificate of Community Develop-
ment Director certifying receipt of pro-
posals from 5 developments on March
12, 1981, presented and read.
Council Member Pratt moved that
the certificate be received and filed.
Seconded by Council Member Felder~
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Mayor King introduced Mr. Bob
Runde, Mr. Bob Scott, Mr. Paul
Mllbrandt and Council Members John
Felderman and Michael Pratt as
members of Dubuque-In-Future
Staff Member Dittemore advised
23 acres is available in the slte and pro-
posals must be presented to HUD of-
rice in Des Moines no later than March
23, 1981.
Mayor King advised perspective
developers that a decision would be
made at the end of the presentation.
No objections had been submitted as
to the procedure.
Council Member Pratt moved to sus-
pend the rules, Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
Al Lundh representing Louis Lun-
dgren, F.A.I.A. of St. Paul. Minnesota
made an oral presentation of the plans;
Advised they were presenting two
proposals-one for 61 units and
another one for 50 units and area com-
prised of approximately 7.6 acres.
Orville Madsen & Sons, Inc.
represented by Thomas G. Klein, Vice
President and Dick Edwards
presented their proposals consisting of
61 units and advised that portion of
Phase I contained 9 acres.
Brutger Companies represented by
Robert B. McEwen, Mike Yannias and
Mike Pedawiltz submitted 2 pro-
~osals, I being for 61 units comprising
of approximately 8 acres and I for 50
units comprising of approximately 6.5
acres. All buildings were solar oriented
and provided adjustable counter and
cupboards for handicapped.
Council Recessed at 9:25 P.M.
Reconvened at 9:35 P.M.
Carnahan & Associates of
Milwaukee, Wisconsin (represented by
Design Center, Associates, Architects)
was presented by Mike Carnahan,
Jack Rhomberg and Jim Schroeder.
They advised the local builder is John
Kivlahan and have been in business
for 2 years extended management ex-
perience submitting proposals for 48
units and consisted of approximately 6
Alan H. Israel, (developer of
Chicago, Illinois), represented by Dur-
rant Group, Architects and Michael
Melioy, Attorney were represented by
Mike Melioy and Norm Wirkler of the
Durrant Group, advised they present-
ly have a development on J.F.K. Road
and stated their project would consist
~f 50 units only and will notgo to 61
units because of opinion government
gives you a break for under 50 units.
Doris Bliss and Roger Rs(ne, oc-
cupants of apartments on Hiilcrest
Road, prese.ntly under the manage-
ment of Mr. Israel stated their
managemant of the building is very
good; happy with complex and
management and of opinion that Mr.
Israel was a credit to the community.
Staff commented they could not dis-
qualify anyone; would be able to sup-
port each and every one of the
Special Session, March 16, 1981
developments; site plans were rated
highly. The Key Criteria is if financing
is available and ail individuals had
been checked thoroughly. They recom-
mended Madsen Co. first, Israel se-
cond, Brutger third, Carnahan forth
and Lundgren fifth. The top three were
so close they would ali likely to suc-
ceed with HUD. Council Member
Brady questioned sending ail five pro-
posals to Des Moines. Plans are (repro-
tant to use but may not be as impor-
tant to HUD. Staffed stated it can be
done by sending all five to Des Moines.
Council Member Brady moved that
a resolution be prepared and Purchase
Option Agreement with Alan H. Israel
and Orville E. Madsen, Son, Inc. and
bring back for a meeting to be held on
Wednesday afternoon and option con-
tain that land be for the Northwest
corner. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
There being no further business,
Council Member Pratt moved to ad-
journ Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
Mary A. Davis
City Clerk
Approved 1981
Adopted 1981
Council Members
ATTEST:
City Clerk
93
94 Special Adjourned Session, March 18,1981
CITY COUNCIL
OFFICIAL
Special Adjourned Session, March
18, 1981.
Council met at 4:35 P.M. (C.S.T.)
Present--Mayor King, Council
Members Brady, Felde~man, Pratt,
City Manager W. Kenneth Gearhart,
Corporation Counsel R.N. Russo.
Absent--Council Member Farreil.
Mayor King read the call and stdted
tins is an Adjourned Session of the
Special Session of March 16, 1981 call-
ed for the purpose to consider a
Resolution authourzing an Option
Agreement for purchase of property
known as the Dubuque-In-Futuro
Housing site.
RESOLUTION NO. 67-81
A Resolution authorizing an option
agreement for purchase of property
known as the Dnbuque-In-Futuro
Housing site.
WHEREAS, pursuant to Resolution
No. 58-81 and to notice of time and
place of hearing, published in the
Telegraph Herald, on March 10, 1981,
the City Council of the City of Dubu-
que, Iowa met on the 16th day of
March, 1981 at 7:30 o'clock p.m. in the
City Council Chambers, City Hall,
Dubuque, Iowa to consider the pro-
posal to enter into an Option Agree-
ment to purchase real estate owned by
the City of Dubuque, Iowa, hereinafter
described, for development of assisted
family housing upon said real estate
according to the terms of said publish-
ed notice and to the objectives, restric-
tions, and other requirements set forth
in the Housing Developer's Informs-
tlon Packet; and
WHEREAS, sealed proposals for
development of assisted family hous-
lng having been received in the Office
of the City Clerk and having been
reviewed by the City Council, it is
found that the parties named below
are the most qualified to undertake
development of assisted family haus-
lng on the real estate described; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to enter into an Option
Agreement to purchase the real estate
hereinafter described;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor and City
Clerk be and they are authorized and
directed to execute an Option Agree.
merit to purchase real estate with the
parties named below for that portion of
Lot.2 orA. C. pfohl Place in the City of
Dubuque, Iowa as contained within
the proposed Site Plans hereto attach-
ed and marked Exhibits "A" and "B';
respectively.
Option Purchaser "A":
Allan H. Israel
6314 N~ Lincoln Avenue
Chicago, Illinois
Option Purchaser "B":
Orville C. Madsen & Son, Inc.
P.O. Box 7760
Madison, Wisconsin
Section 2. That said Option Agree-
merit shall be made contingent upon
the option purchasers rushing applloa-
tion to the United States Department
of Housing and Urban Development
for contract authority for the develop-
merit of assisted family housing under
the Section 8 Housing Assistance Pro~
gram, according to the Notice of Fun-
ding Availability published in the
Dubuque Telegraph Herald on
February 16, 1981, and further aceo~
ding to the terms, conditions and
restrictions set forth in the Option
Agrecmeng hereto attached and mark-
ed Exhibit "C".
Passed, approved and adopted this
18th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
OPTION'AGREEMENT
For Purchase of Real Estate
This Option Agreement entered into
this 18th day of March, 1981, by and
between the City of Dubuque, Iowa,
hereinafter referred to as "the seller",
and Alan H. Israel of Cincago, Illinois,
and Orville E. Madsen and Son, Inc.,
of Madison, Wisconsin hereinafter
referred to as "option purchasers "A"
and "B" ", respectively, witnesseth:
WHEREAS, the City of Dubuque,
Iowa is owner of real estate described
as Lot 2 of A.C. Pfohl Place in the City
of Dubuque, Iowa; and
WHEREAS, said property of the
seller has been acquired with funds
from the Community Development
Block Grant Program, provided
through the United States Depart-
ment of Housing and Urban Develop-
ment; and
Special Adjourned Session, March 18, 1981 95
WHEREAS, among the seller's in-
tentions in the use of said property is
the provision of sites suitable for the
development of new housing to be
assisted through the Section 8 Hcos-
lng Assistance Program of the United
States Department of Housing anil
Urban Development; and
WHEREAS, the option purchasers
are developers of housing assisted in
the Section 8 Housing Assistance Pro-
gram and have retained competent ar-
chitectural assistance and made a pro-
posai to the City of Dubuque for
development of such housing on a por-
tion of said real estate; and
WHEEEAS, it is the expressed in-
tent of the option purchasers to apply
for housing assistance contract
authority through the Section 8
Assistance Program by March 33,
1981, and to develop housing accor-
ding to the proposals made to the City
of Dubuque.
NOW, THEREFORE, THE PAR-
TIES DO HEREBY AGREE, AS
FOLLOWS:
Section 1. Area Subject to Purchase.
The option purchasers shall have
mutually exclusive right to acquire
title to that portion of Lot 2 of A.C.
Pfohl Flace consisting of nine (9) acres
or lesser amount as described in their
respective Site Plans hereto attached
and marked Exhibits "A " and "B", or
such other portion of tha real estate as
the seller may hereinafter agree to con-
vey according to the terms and condi-
tions herein set forth.
Section 2. Purchase Prloe. The pu~
chase price for the housing develop-
ment site described in Section 1 above,
shall be:
w $10, O00per acre; or
b. Such other amount as the City
Council may determine to be Fair
Market Value, based upon the rents
allowable in the project by the Depart-
ment of Housing and Urban Develop-
ment. Fair Market Value shall be deto~
mined on the basis of appraisal by
HUD, or by independent appraisai if
required by the City of Dubuque.
The final price shall be determined
on the basis of the actual acreage re-
quired for the housing projeeg and
shall be surveyed and platted at
seller's expense. Title shall be deserib-
ed and conveyed as shown on said plat
and survey.
Section 3. Term of Agreement. The
option to acquire title to that portion
of Lot 2 of A.C. Pfohl Ploce in the City
of Dubuque, Iowa, as described in Sec-
tion i above, shall be for a period of up
to one year from the date of this agree-
ment. Extensions of this agreement
beyond one year shall be at the option
of the City Council of the City of Dubu-
que, Iowa, upon receipt of evidence
that the option purchaser's application
for housing assistance may be pending
with the United States Department of
Housing and Urban Development.
Sqction 4. Agreement to Apply for
Housing Assistance Contract. The op-
tion purchasers hereby covenant and
agree that they will submit an applico~
tion to the United States Department
of Housing and Urban Development
for housing assistance, according to
the Notice of Funding Availability
published by the Department in the
Dubuque Telegraph Herald on
February 16, 1981, on or before March
~ 1981.
Section 5. Exclusivity. The parties
understand that available housing
assistance described in Section 4
above is sufficient to support only one
development projec~ which may be
awarded by the Department of Hous.
lng and Urban Development to one of
the two parties herein named as option
purchasers. The rights and privileges
established by this agreement shall re.
main in force exclusively for that
single option purchaser who may be
awarded a Notification of Selection of
Preliminary Proposal for housing
development by the Department of
Housing and Urban Development. If
an option purchaser's application for
housing assistance fails to achieve a
Notification of Selection of
Preliminary Proposal from the Depart.
ment of Housing and Urban Develop.
ment on or before June 30, 1981, the
seller may terminate this agreement as
it applies to such option purchaser.
Section 6. Consideration. The parties
do hereby agree that the option pu~
chasers have placed on deposit with
the City of Dubuque, Iowa, a check in
the amount of $5iD. O0 dollars for each
acre contained within the respective
housing development sites, for and in
consideration of the rights and
privileges herein granted~ The amount
paid in consideration of this agreement
shall be deducted from the final pu~
chase price computed according to See-
tion 2 herei~
Section 7. Refund of Deposit. The
amounts deposited as consideration o~i
this agreement shall be refunded to the
option purchasers if,
w A project proposal submitted ac-
cording to Section 'L herein~ shall fail
96 Special Adjourned Session, March 18, 1981
to achieve Notification of Selection of
Preliminary Proposal from the Depart-
ment of Housing and Urban Develop.
men~' or
b. A project proposal should fail to
be constructed for any reason beyond
the control of the option purchaser,
and in spite of good faith effort on his
part to advance the project as
demonstrated to the satisfaction of the
seller.
Section 8. Right of First Refusal.
The single option purehoser, who may
acquire title to property described in
Section 1 herein shall have for a period
of ten years thereafter, the right of first
refusal to acquire the remainder of the
twenty-three acre site known as the
Dubuque-In-Future Housing Site. Ac-
qldsition of additional property under
this section shall be at the price con-
rained in a valid offer to purchase said
property upon acceptance by the City
of Dubuque or its successors.
Section 9. Permits and Approvals. It
shall be the responsibility of the option
purchasers to seek all necessary gon-
lng reclassifications, building permits
or other authorizations of the City of
Dubuque normally required for the
development of the housing project.
Nothing in this agreement shall be con-
strued as a limitation on the discretion
of the City of Dubuque, Iowa in its
review of such permits or applications.
Section 10. Transferability. The
seller reserves the right to transfer title
in the real estate to Dubuque-ln-
Future, Inc. Should sueh transfer oc-
cur, all terms and conditions fo this op-
tion agreement shall remain in force.
No option purchaser may transfer any
interest in this agreement to any other
party without the written consent of
the seller.
Section 11. Conveyance. Conveyance
of title to real estate described in Sec-
tion 1 herein shall be by Quit Claim
Deed from the City of Dubuque or its
successor, subject to easements of
record at the time of conveyance,
together with Abstract of Title show-
lng good and merchantable title in the
City of Dubuque or its successor.
City of Dubuque as Sellers
By:
D. Michael King, Mayor
ATTEST:
By: Mary A. Davis, City Clerk
Option purchaser A
, By: Alan H. Israel, Owner
Option Purchaser B
By: Thomas 13. Klein
Orville E. Madsen & Son Inc.
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King Council Mem-
bers Brady, Feldernmn, Pratt.
Nays--None.
Absent--Council Member Farrell.
There being no further business,
Council Member Pratt moved to ad-
ourn. Seconded by Council Member
Felderman. Carried by the following
vote~
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Mary A. Davis
City Clerk
Approved__ __1981
Adopted ~1981
Council Members
ATTEST:
City Clerk
Special Session, March 23,1981
CITY COUNCIL
OFFICIAl.
Special Session, March 23, 1981
Council Met at 7:30 P.M. (C.S.T.)
Present--Mayor King, Council
Members Brady, Felderman, Pratt
City Manager W. Kenneth Gearhart
Corporation Counsel R. N. Russo.
Absent--Council Member Farrell.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to consider a Resolution to
proceed with the issuance and sale of
Private College Revenue Bonds (Lores
College Projec0, Series 1981, in an
amount not to exceed $3,000,000 and
acting upon such other business which
may properly come before the Council.
Proof of Publication, certified to by
the Publisher, of Notice of In~ention to
issue Private College Revenue Bonds,
Series 1981 (Lores College Projectl in
amount not to exceed $3,000,000,
presented and read.
No written objections were received
and there were no oral objectors pre-
sent at the time set for the Hearing.
Council Member Felderman moved
that the proof of publication be receiv.
ed and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Council Member Pratt moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Abeent--Council Member Farreil.
RESOLUTION NO. 6~81
Resolution to Proceed with the Is-
suance and Sale of Private College
Revenue Bonds (Lores College Pro-
jeer) Series 1981, in an amount not to
Exceed $3,000,000.
WHEREAS, the City of Dubuque,
Iowa, (hereinafter referred to as the
"City") is a municipal corporation and
political subdivision organized and ex-
isting under the laws and the Constitu-
tion of the State of Iowa, and ia
authorized and empowered by Chapter
419 of the Code of Iowa, as amended,
(hereinafter referred to as the "Act"},
to issue Private College Revenue
Bonds and loan the proceeds from the
sale of said Bonds to one or more par-
ties to be used to defray all or a portion
of the cost of acquiring, improving and
equipping a "Project" as that term is
defined in the Act, for the use of any
private college or university within or
near the City in order to provide addi-
tional educational opportunities and
to improve the economic welfare of the
residents of the City and of the State
of Iowa; and
WHEREAS, the City has made the
necessary arrangements with Lores
College, a nonprofit corporation and
institution of higher education (the
"College") for the College to com-
mence with the constructing, improv-
lng and equipping of a physical
education-recreation building to be
located on the Lores College Campus
in the City in Dubuque County, Iowa
(the "Project"), which Project will be
owned and operated by the College;
and
WHEREAS, the College has
represented to the City that said Pro-
ject will enable the College to expand
its facilities and Provide residents of
the City and surrounding area with ad-
ditional educational opportunities and
will add to the welfare and prosperity
of the City and its inhabitants; and
WHEREAS, notice of intention to
issue Private College Revenue Bonds,
(Lores College Project) Series 1981, in
an amount not to exceed $3,000,000,
has, as directed by the Council of the
City, been duly given in compliance
with the Act; and
WHEREAS, a public hearing has
been held on the proposal to issue such
Bonds at the time and place as
specified in said notice and all objec-
tions or other comments relating to
the issuance of such Bonds have been
heard.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, as follows:
Section L That it is hereby determin-
ed to be necessary and advisable that
the City proceed with the issuance of
Private College Revenue Bonds (Lores
College Project) Series 1981, of the
City in an amount not to exceed
$8,000,000, as authorized and permit-
ted by the Act to finance the cost of the
Project to that amount.
Section 2. That all objections and
comments relating to the issuance of
Special Session, March 23,1981
such Bonds have been heard and all
such objections are hereby overruled.
Section 3. That the Mayor, the City
Clerk and the City Attorney are hereby
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishment of the Pro-
ject and the issuance and the sale of
the Bonds.
Section 4. That the City Atwrney
shall review and approve all
agreements W be entered into in con.
nection with the issuance of tho Bonds,
and, after completion of arrangements
by the College for the sale of the
Bonds, this Council shall eonsider pm-
ceedings for the approval of such
agreements and the final authoriza-
tio,, approval and issuance of the
Bonds.
Section 5. That all resolutions and
parts thereof in conflict herewith are
hereby repealed to the extent of such
Section 6. That this Resolution shall
become effective immediately upon its
passage and approval
Passed and approved this 23rd day
of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk (SEAL)
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderma~, Pratt.
Nays--None.
Absent--Council Member Farreil.
Communication of City Manager
submitting the City of Dubuque 1981
Asphalt Paving Project, presented
and read.
Council Member Felderman moved
that the communication be received
~nd filed. Seconded by Council
Member Pratt. Carried by the follow-
Lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil,
(Preliminary Approval of Plans, Etc,)
RESOLUTION NO. 69-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifica-
tions, etc. for the 1981 Asphalt Paving
Project No. 1, are hereby approved
and ordered filed in the office of City
Clerk, the estimated cost of this im-
provement in the amount of
$287,084.07.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote: '
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell,
(Necessity for Improvement)
RESOLUTION NO. 7{g81
WHEREAS, proposed plans,
specifications, form of contract, plat
and schedule have been duly prepared
and approved by the City Council of
the City of Dubuque and are now on
file in the office of the City Clerk show-
ing among other things the following:
1. The assessment limits, if any.
2. The streets to be improved.
3; The width of such improvement.
4. Each lot proposed to be assessed
together with a valuation fixed by the
~ouncil.
5. An estimate of the cost of the pro-
)osed improvement, stating the same
for each different type of construction
and kind of material to be used.
6. In each case the amount thereof
which is estimated to be assessed
against each lot, for the
City of Dubuque 1981
Asphalt Paving Project:
1. North Algona Street - Resurfacing
from Dexter Street to a point 350 feet
north therefrom.
2. Dodge Street - Crack filling between
Bluff Street and Grandview Avenue.
3. Fengler Street Overpass -Deck
restoration and painting.
4. Flora Park - Resurfacing volleyball
and ice rink area.
5. Hawthorne Boat Ramp - Concrete
repair.
6. Kerper Boulevard - Asphalt surface
recycling from a point 380 feet north
of the centerline of East Sixteenth
Street to Hawthorne Street.
7. West Locust Street - Reeurincing
from Sixteenth Street to Loras
Boulevard.
8. Purina Drive - Asphalt paving from
Kerper Boulevard to the east end of
the street.
Special Session March 23, 1981 99
9. Spring Valley Read - Resurfaring
from John F. Kennedy Road to a point
1,335 feet east therefrom.
10. East Thirteenth Street - Resurinc-
lng between Jackson Street and
Washington Street,
BE IT THEREFORE RESOLVED
that the City Council on its own mo-
tion or upon petition of property
owners, deems it advisable and
necessary for the public welfare to
make the herein mentioned improve-
ment, and unless property owners at
the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
amount of the Proposed assessments,
they shah be deemed to have waived
all objections thereto.
Said Improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been prepared therefore by the
City Engineer which have been ap-
proved by the City Council and are
now on file with the City Clerk. That
the cost and expense of making said
improvement will be assessed upon
and against all privately owned pro-
perry lying within assessable distance
provided by law and in an amount not
to exceed the amount provided by law,
property will be assessed whether the
same abuts thereon or is adjacent
thereto according to area and in pro-
portion to the special benefits confer~
red thereby, and any deficiency shall
be paid out of the Road Use Tax Fund.
Street bonds shall be issued and sold
in anticipation of deferred payments of
assessments when a contract has been
performed and accepted and the prc-
ceeds thereof used to pay'the contrac-
tor. The railway portion of any street
or assessment district shah be assess-
ed to and paid by the railway com-
pany.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 23rd day of
March, 1981.
Approved and placed on file for final
action.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
approval of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Fekierman, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 71-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the attached sheets
No. I to 4 inclusive, are hereby detet~
mined to be the schedule of proposed
assessments for the City of Dubuque
1981 Asphalt Paving Projecg and the
valuations set out therein, are hereby
approved,
Adopted this 23rd day of March,
1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman Pratt.
Nays--None.
Absent--Council Member Farrell.
{Fixing Date of Hearing)
RESOLUTION NO. 72-81
WHEREAS, the City Council of the
City of Dubuque, Iowa, has by Resolu-
tion No. 61-81 given its pre 'hinlnary
approval on the proposed plans,
specifications and form of contract
and placed same on file in the office of
the City Clerk for public inspection,
for the
City of Dubuque 1981
Asphalt Paving Project
1, North Algona Street - Resurfacing
from Dexter Street to a point 360 feet
north therefrom.
2. Dodge Street - Crack filling between
Bluff Street and Grandview Avenue.
3. Fengier Street Overpass - Deck
restoration and painting.
4. Flora Park - Resurfacing volleyball
and ice rink area.
5. Hawthorne Boat Ramp - Concrete
repair,
6. Kerper Boulevard - Asphalt surface
recycling from a point'380 feet north
of the centerllne of East Sixteenth
Street to Hawthorne Street.
7. West Locust Street - Resurfacing
from Sixteeth Street to Loras
Boulevard.
8. Purina Drive - Asphalt paving from
Kerper Boulevard to the east end of
the street.
9. Spring Valley Road - Resurfacing
from John F; Kennedy Road to a point
100 Special Sessio~ March23, 1981
1,335 feet east therefrom.
10. East Thirteenth Street -
Resurfacing between Jackson Street
and Washington Street; and,
WHEREAS, the proposed Resoin-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection,
BE IT THEREFORE RESOLVED
that on the 20th day of April, 1981, a
public hearing will be held at 7:30
o'cicck p.m. in the Council Chamber in
the City of Dubuque at which time the
owners of property subject to assess-
ment for the proposed improvement
may appear and make objection to the
proposed plans and specifications and
proposed form of contract and at the
same time to the boundaries of the pro-
posed district, to the cost of the ira-
provement, to the amount proposed to
be assessed against any lot and to the
passage of the proposed Resolution of
Necessity and the City Clerk be and is
hereby directed to cause a notice of the
time and place of such hearing to be
published in some newspaper publish-
ed in the city of Dubuque, the first of
which shall be not less than ten (10)
days prior to the day fixed for its con-
sideration and unless property owners
at the time of final consideration of
said resolution have on file with the
Clerk objections to the amount of the
proposed assessment, they shall have
been deemed to have waived ail objec-
tions thereto, at which hearing the
Council will hear such objections and
enter on record its final decision
thereon.
Passed, adopted and approved this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of City Manager ad-
vising representatives from H.D. & R.
Engineering Services to speak, reger-
ding final payment for engineenng set-
vices at the Wastewater Treatment
Plant, presented and read.
Mr. Paul Ombruni, representative of
H.D. & R., addressed the Council and
advised them that he was there to
answer to questions concerning the
W~VTP, clearing the way for final pay-
Council Member Brady moved that
payment be reduced by $45,000 for the
engineering services. MOTION DIED
FOR LACK OF A SECOND.
Council Member Felderman moved
that request for payment by H.D. & R.
Engineering Services be honored. MO-
TION DIED FOR LACK OF A SE-
COND.
Upon further discussion, Council
Member Felderman moved concur-
fence with the Staff recommendation
to pay H.D. & R. the request amount
of 592,392.01. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Felderman, Pratt.
Nays--Canner Member Brady.
Absent--Council Member Farreli.
Communication of Dubuque
Downtown Association requesting to
speak to Council regarding parking in
some areas in the downtown,
presented and read.
Mr. David Strom, 974 Indian Ridge,
requested that a task force group be
established, hoping that some plan
would help the downtown.
Council Member Felderman moved
that the communication be recieved
and filed and referred to the City
Manager, to investigate and report.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None. '
Absent--Council Member Farreli.
Communication of P & Z recommen-
ding denial to amend Zoning Or-
dinance to increase off-street parking
requirements for places of public
assembly and bars and taverns and ce-
questing concurrence with Denial,
presented and read.
Council Member Pratt moved that
the communication be received and filed
and denial apprbved. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
Communication of City Manager
submitting Resolution authorizing the
sale and award of $100,000 Street
SPecial Session, March 23, 1981
101
Improvement Bonds, presented and
Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Felder.
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
RESOLUTION NO. 73-81
Resolution providing for the sale
and award of $100,000 Street Improve-
merit Bonds and approving and
authorizing the agreement of such sale
and award.
WHEREAS, notice of sale of
$100,000 Street Improvement Bonds
of the City of Dubuque, in Dubuque
County, Iowa, has heretofore been
given in compliance with the provi-
sions of Chapter 75 of the Code of
Iowa, as amended, by publication of
notice for two successive weeks in a
newspaper published and having a
general circulation in Dubuque Coun-
ty; and
WHEREAS ali bids have been
received, and it has been determined
that the best bid was submitted by
American Trust & Savings Bank con-
sisting of par and accrued interest plus
a premium of None, with the bonds to
bear interest at the following rates per
Year of Maturity Interest Rate
1981 9.50%
1982 9.75%
1983 9.75%
1984 10.00%
1985 10.00%
1988 10.00%
1987 10.00%
1988 10.00%
1989 10.00%
1990 10.00%
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, as follows:
Section 1. That upon being duly ad-
vised in the premises, it is hereby
determined that the bid of American
Trust & Savings Bank for the purchase
of $100, OOO Street Improvement Bonds
of said C~ty, dated April 1, 1981, as
advertised, bearing interest at the
rates specified in the preamble hereof,
is the highest and best bid received
and that said bonds be and the same
are hereby awarded to said American
Trust & Savings Bank.
Section 2. That the form of agree-
ment of sale of said bonds and the
same is hereby approved, and the
Mayor, City Clerk and City Treasurer,
or any of them, are hereby authorized
to accept and execute the same for and
on behalf of the City of Dubuque, Iowa,
and to affix the corporate seal of said
City thereto.
Passed. approved and adopted this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
Communication of City Manager
submitting Resolution authorizing
adoption of a Citizen Participation
Plan for the City of Dubuque,
~reeented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Absent--Council Member Farreli.
RESOLUTION NO.74-81
Authorizing the Adoption of a
Citizen Participation Plan for the City
of Dubuque
WHEREAS, the City of Dubuque is
entitled to certain funds under the
Community Development Block Grant
Program authorized under T/tie I of
the Housing and Community Develop-
ment Act of 1974; and
WHEREAS, Section 570.303 (b)
governing the use of such funds re-
quires that the City of Dubuque
prepare and adopt a written Citizen
Participation Plan as prescribed by
tho United States Department of
Housing and Urban Development; and
WHEREAS, such a plan has been
prepared and the Procedures contain-
ed therein are in the best interests of
the City of Dubuque;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section L That a Citizen participa-
tion Plan for the City of Dubuque (at-
102 Special Session March 28,1981
tached) be approved.
Section 2. That the Citizen Par-
tloipatlan Plan for the City of Dubuque
shall continue to remain on file at the
following locations:
1. City Clerk's office, City Hal~'
2. Community Development Depart-
ment, City Hal~'
3. Housing Services Division, 1805
Centml Ave.;
4. Fire Station #2, JFK Road;
5. Fire Station #3, 32nd & Central
Ave.
Plan may be examined and copied
between the hours ora:00 ~m. and 5:00
p.m., every day except Saturday, Sun-
day and holidays.
Section 3. That a public hearing was
conducted by the City Council of the
City of Dubuque on January 13, 1981,
and there have not been any written
comments submitted by citizens.
Section 4. That the Citizen Participc~
ties Plan heretofore in effect is hereby
repealed and declared to be null and
void.
Section 5. That the Community
Development Commission at its
regular meeting of January 13, 1981,
approved the Citizen Participation
Plan and recommends its adoption by
the City Council of the City of Dubu,
qua, [ow~
Passed, approved and adopted tiffs
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carrled by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of City Manager
submitting Resolution authorizing to
file application for FY 82 Community
Development Block Grant Funds with
the U~S. Dept. of Housing and Urban
Development, presented and read.
Council Member Pratt moved that
the communication he received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Feldornmn, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 75-81
Authorizing the filing of an applica-
tion for a Community Development
Block Grant for the City of Dubuque.
WHEREAS, the City of Dubuque is
entitled to participate in the Com-
munity Development Block Grant
Program authorized under the provi-
sions of Title I of the Housing and
Community Development Act of 1974;
and
WHEREAS, The City of Dubuque
has prepared a Fiscal Year 1982 ap-
plication for such participation in ac-
cordance with the policies and pro-
cedures as prescribed by the
Department of Housing and Urban
Development;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the Fiscal Year 1982
application for participation in the
Community Development Block Grant
Program is hereby approved, and the
Mayor of the City of Dubuque is
hereby authorized and directed to
execute the application on behalf of the
City of Dubuque.
Section 2. That the Director of the
Department of Community Develop-
ment is hereby authorized and directed
to submit in the required number of
copies, the executed application to the
U.S. Department of Housing and
ban Development and other ap.
propriate agencies together with such
other documents evidencing the ap-
proval and authorizing the execution
and implementation of such applloa~
ties as may be r~quired.
Passed, approved and adopted tiffs
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved that
the Resolution be adopted. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Naye--None. ·
Absent--Canncfl Member Farrell.
Communication of City Manager
submitting Resolution authorizing
submission of a request for release of
funds for following Community
Development Block Grant Projects-
Miscellaneous Public Improvement,
Special Session
Rehabilitation Loans and Grants Pro-
gram, Tool Lending Library, Acquisi-
tion/Rehabilitation/Demolition Pro-
jects, Relocation, Code Enfurcemenl
and Radfurd Road Industrial Park
Purchase, presented and read.
Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Feldorman, Pratt.
Nays--None.
Absent--Council Member Farreli.
RESOLUTION NO. 76-81
Authorizing Submission of a Re-
quest for Release of Funds for Certsln
Community Development Block Grant
Projects.
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program
convened an ad hoc committee on July
14, 1976, and completed an En-
vironmental Assessment of the follow-
lng identified proposal (project) with
Community Development Block Grant
funds; and
Miscellaneous Public Improvements
including Streets, Alley, Curb Repair
and Replacement
WHEREAS, pursuant to Resolution
No. 246-76 adopted July 19, 1976,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the proposal (project) was
published July 20, 1976, in the Dubu-
que Telegraph Herald, a newspaper of
general circulation, and provided for a
public comment period until 12:00
Noon, Monday, August 16, 1976; and
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program
convened an ad hoc committee on June
23, 1976, and completed an Es-
vironmental Assessment of the follow-
lng proposals (projects) with Com-
munity Development Block Grant
funds; and
Rehabilitation Loan and Grant Pro-
gram in Community Development Pro-
ject Areas
Tool Lending Library sponsored by
Washington Tool Library, Inc., a non-
profit corporation
Acqnisitinn/Rehabilitation/Demoli-
tion Projects
Relocation
WHEREAS, pursuant to Resolution
March 23, 1981 103
No. 240-76 adopted July 6, 1976,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment" for the proposals (projects) was
published July 7, 1976, in the Dubuque
Telegraph Herald, a newspaper of
general circulation, and provided for a
public comment period until 12:00
Noon, Friday, July 30, 1976; and
WHEREAS,, the City of Dubuque
in conformance with the Environmen-
tel Review Procedures for the Com-
munity Development Block Grant
Program convened an ad hoc commit*
tee on June 12, 1978, and completed an
Environmental Assessment of the
following proposal (project) with Com-
munity Development Block Grant
funds; and
Code Enforcement
WHEREAS, pursuant to Resolution
No. 210-78 adopted June 19, 1978,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the proposal (project) was
)ublished June 20, 1978, in the Dubu-
que Telegraph Herald, a newspaper of
general circulation, and provided for a
~ublic comment period until 12:00
Noon, Friday, July 7, 1978; and
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procudures for the Communi-
ty Development Block Grant Program
convened an ad hoc committee on
January 24, 1980, and completed an
Environmental Assessment of the
following proposal (project) with Com-
munity Development Block Grant
funds; and
Radford Road Industrial Park Land
Purchase
WHEREAS, pursuant to Resolution
No. 29-80 adopted February 4, 1980,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment' for the proposal (project) was
published February 5, 1980 in the
Dubuque Telegraph Herald, a
newspaper of general circulation, and
)rovided for a public comment period
until 12:00 Noon, Friday, February 22,
1980; and
WHEREAS, review of all findings of
"No Significant Effect on the Environ-
ment'' were held on February 2, 1981;
and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on
the Environment" for the proposals
{projects) were sent by regular marl to
104 Special Session March 23, 1981
various federal, state and local public
agencies and to the local news media,
individuals and groups known to be in-
terested and believed to be ap-
propriate to receive such a Public
Notice; and
WHEREAS, any and ail objections,
if any, to such proposals have been
duly considered; and
WHEREAS, it is the intent of the
City Council to authorize the submla-
sion of a request to the U.S. Depart-
ment of Housing and Urban Develop-
ment for the release of funds under the
said Act to carry out the abov~-
identified projects:
NOW, THEREFORE, BE IT _P.E-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Environmental
Review Record for each of the pro-
posals (projects) shall continue to re.
main on file at the following locations.
Said r~eords may be examined and
copied by any interested party:
1) City Clerk's office, City Hai~'
2) Department of Community
Developmen~ City Hal~'
3) Department of Community
Developmen~ Housing Services Divi-
sion, 1805 Central Avenue; 4) Fire Station #2, JFK Road;
5) Fire Station #3, 32nd and Central
Avenue.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart.
ment of Housing and Urban Develop*
merit no later than April 13, 1981, a re-
quest for release of funds to undertake
the said projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible Federal official under the
National Environmental Protection
Ae~ insofar as the provisions of the
said Act apply to the U.S. Department
of Housing and Urban Development's
responsibilities for review, decision-
making, and action assumed and car~
tied out by the City of Dubuque as to
environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdlotion of
the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental revla¢
decision-making and actio~
Section 5. That the Mayor of the City
of Dubuque, be and he is hereby
authorized and directed to execute a
certification pertaining to the en-
vironmental review procedures.
Section 6. That the City Cl~rk be and
she is hereby authorlzed and directed
to publish a public notice for a Request
for Release of Funds and Certification
in the form of Exhibit "A" attached
hereto and made a part hereof
Passed, approved and adopted this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Felderman, Pratt.
Nays--Council Member Brady.
Absent--Council Member Farrell.
Cornmurdcation of City Manager
submitting Resolution authorizing
publication of the Environmental
Assessment Review Finding for the
Comiskey Park Lighting Ira-
provements Project, presented and
read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brad~, Felderman, Pratt.
Nays--None.
Abeent--Councfl Member Farreil.
RESOLUTION NO. 77-81
Authorizing publication of notice of
Environmental Review Findings for
certain Community Development
Block Grant Projects
WHEREAS, the City of Dubuque
will be entering into -a Grant Agree-
ment for Fiscal Year 1982 with the
U.S. Department of Housing and Ur-
ban Development, providing for finan-
cial assistance to the City under Title I
of the Housing and Community
Development Act of 1974; and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Ur-
ban Development, an environmental
review has been processed for the pro-
ject hereinafter to be described to be
fLnanced with Community Develop-
Special Session, March 23, 1981
105
ment Block Grant Funds; and
WHEREAS, after due considera-
tion, a deternfinatlon has been mad~
that the project is not a major federal
action siguificantly affecting the quali-
ty of the human environment;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed
to publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified projects,
and to make the Environmental
Review Record for said project
available for public inspectio~ Such
notice shall be in the form of Exhibit
"A " attached hereto and made apart
hereof
Comiskey Fark Lighting
Improvements
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of March 23,
1981, authorizing the submission of a
request to the U.S. Department of
Housing and Urban Developmeng to
undertake the project.
Passed, approved and adopted this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
Communication of City Manager
submitting Resolution authorizing
publication of the Environment
Assessment Review Finding for the
21st Street and White Street Radii Im-
provements and 22nd Street and Cen-
tral Avenue Signalization, presented
and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
RESOLUTION NO. 78-81
Authorizing publication of Notice of
Environmental Review Findings for
certain Community Development
Block Grant Projects
WHEREAS, the City of Dubuque
w/il be entering into a Grant Agree-
ment for Fiscal Year 1982 with the
U.S. Department of Housing and Ur-
ban Development, providing for finan-
cial assistance to the City under Title I
of the Housing and Community
Development Act of 1974; and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Ur-
ban Development, an environmental
review has been processed for the pro.
ject hereinafter to be described to be
financed with Community Develop-
ment Block Grant Funds; and
WHEREAS, after due considera-
tion, a determination has been raade
that the project is not a major federal
action significantly affecting the quali-
ty of the human environment;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Ci~rk be and
she is hereby authorized and directed
to publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified projects,
and to make the Environmental
Review Record for said project
available for public inspectiom Such
notice shall be in the form of Exhibit
"A " attached hereto and made a part
hereof
21st Street and White Street
Radii Improvements
22nd Street and Central Avenue
Signalization
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of March 23,
1981, authorizing the submission of a
request to the U.S. Department of
Housing and Urban Developmeng to
undertake the projec~
Passed, approved and adopted this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
106
Special Session, March 23, 1981
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Falderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of City Manager
submitting Resolution authorizing
publication of Notice of Availability of
Grantee Performance Report,
presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Falderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 79-81
Authorizing publication of Notice of
Availability for Public Inspection cer-
tnin Community Development Block
Grant Documents
WHEREAS, under date of February
9, 1981, the Annual Performance
Report was submitted to the U.S.
Department of Housing and Urban
Development for processing; and
WHEREAS, Section 570.300 (b) of
the Community Development Block
Grant Program requires that
reasonable effort shall be made to in-
form citizens involved in or affected by
the local Community Development
Program that the Annual Performance
Report has been submitted and is
available to interested parties upon re-
quest; and
WHEREAS, Section 570.906 (c)
quires that there be public notice of
the availability of the Annual Perfor-
mance Report for inspection by the
public;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Be it resolved that the
City Clerk be and she is hereby
authorized and directed to publish in
the Dubuque Telegraph Herald, a
newspaper of general circulation with
the City, public notice in the form of
Exhibit "A" attached hereto and made
a part hereof
Passed, adopted and approved this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of City Manager
submitting Resolution authorizing ap-
plication for additional units in the
Section 8 Existing Housing Program,
presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
RESOLUTION NO. 80-81
Authorizing the filing of an appilca-
tion for twenty-two units to be leased
in the Section 8 Existing Housing Pro-
gram
WHEREAS, the'City of Dubuque
functions as a Public Housing Agency
under provisions of Chapter 403A,
1977 Code of Iowa as amended; and,
WHEREAS, the City of Dubuque
and the United States Department of
Housing and Urban Development
(HUD) have approved a Housing
Assistance Plan authorizing an addi-
tional twenty-two (22) more Section 8
Existing Housing units, subject to
fund availability prior to June 30,
1982; and
WHEREAS, the Dubuque Housing
Commission has reviewed the recent
HUD Notice of Fund Availability at
their regular meeting of February 17;
1981, and has recommended appllca-
tion for the maximum number of units
available for the Section 8 Existing
Housing Program.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council ap-
proves of the submission oran applica-
tion for an additional twenty-two (22)
units of Section 8 Existing Housing.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute
Special Session
such application.
Section 3. That the City of Dubuque
Housing Commission is directed to
provide public notice of and conduct a
public hearing regarding this applica-
tion at their next regular monthly
meeting and report the results to the
City Council
Section 4, That the Director of Com.
munity Development is directed to fo~
ward said application to the United
States Department of Housing and U~
ban Development on or before March
81, 1981,
Passed, adopted and approved this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
renewing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Abeent--Councfl Member Farreil.
Communication of City Manager
submitting Resolution authorizing ap-
plication for additional units in the
Section 8 Moderate Rehabilitation
Program, presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
RESOLUTION NO. 81-81
Authorizing Mayor to execute ap-
plication for additional 25 units of Sec-
tion 8 Moderate Rehabilitation Hous-
lng
WHEREAS, the City of Dubuque
functions as a Public Housing Agency
authorized by provisions of Chapter
408A of the 1966 Code of Iowa, as
amended; and,
WHEREAS, the City of Dubuque
and the United States Department of
Housing and Urban Development
have approved a Housing Assistance
Plan for 1979-82 which calls-for
development of additional Section 8
Moderate Rehabilitation units; and,
WHEREAS, the United States
Department of Housing and Urban
March 23, 1981 107
Development has issued a Notice of
Fund Availability for 25 Section 8
Moderate Rehabilitation units and an
application deadline of April 15, 1981,
WHEREAS, the City of Dubuque
Housing Commission, at their regular
meeting of February 17, 1981, agreed
to recommend City Council applica-
tion for the additional 25 units;
NOW, THEREFORE, BE :IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the City Council ap-
proves the submission of an appllao,
tion for 25 additional units of Section 8
Moderate Rehabilitation Housing,
Section 2. That the City Council
directs the Mayor to sign the applicw
tion for 25 additional Section 8
Moderate Rehabilitation units.
3stil0n 3. That the City of Dubuque
Housing Commission is directed to
provide a public notice of and conduct
a public hearing regarding this
plieation at their next regular meeting
and report the results to the City Coun-
Section 4. That the Director of Com-
munity Development is directed to fo~
ward said application to the U.S.
Department of Housing and Urban
Development on or before April 15,
1981.
Passed, approved and adopted this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
foilowfug vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
Communication of City Manager re-
questing City Clerk to be authorized to
publish notice that a summary of
Federal Revenue Sharing Funds sum-
mary of the budget as adopted is
available for public inspection,
presented and read.
Council Member Pratt moved that
the communication be received and
filed and approved. Seconded by Coun-
cil Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
108
Special Session, March 23, 1981
hers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of City Manager re-
questing approval to establish $9.00
connection charge per lineal front
footage for service connection to water
system, presented and read.
Council Member Pratt moved that
the request be approved. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of Planning and
Zoning approving Final Plat of Sub-
division of Lot I of 1 of 1 of Cim-Que
Inc. Addition located on Century Cir-
cie west of Century Drive (Luksetich-
Rafoth), presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bets Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 82-81
Resolution approving Plat of the
Subdivision of Lot 1 of Lot 1 of Lot 1
of 4'Clin-Que Inc. Addition" to the
City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a Itlat in which Lot
1 of Lot 1 of Lot 1 of "Clin-Que Inc.
Addition" to the City of Dubuque,
Iowa is platted as: Lot 1 and Lot 2,
each of the subdivision of Lot i of Lot
1 of Lot 1 of "Clin-Que Inc. Addition"
to the City of Dubuque, Iowa; and
WHEREAS, there are on file in the
office of the City Engineer of the City
of Dubuque, Iowa, improvement plans
and accompanying specifications
showing location and grade of pave-
ment within tho area shown on said
plat, described ak Century Circle; and
WHEREAS, ~ald plat has been ex-
amined by the City Planning and Zon-
hig Commission and they find that the
same conforms to the statutes and or-
dinances relating thereto, except that
Century Circle will be established as a
private street; and
WHEREAS, said plat has been ap-
proved by the City Planning and Zen-
ing Commission on the condition that
Century Circle will be built to City
Engineer's specifications and that the
maintenance agreement for Century
Circle be approved by the Corporation
Counsel and included as part of the
private road acceptance and recorded
with the plgt; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto; and
WHEREAS, the .City Council con-
curs with the condition of approval
established by the City Planning and
Zoning Commission;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the above-described
plat be and the same is hereby approv-
ed and the Mayor and Clerk be and are
hereby authorized and direvtod to en-
dorse the approval of the City of Dubu-
que upon said pla~ provided that the
owner of said property shall execute a
written acceptance hereto attached,
acknowledging and agreeing:
a) Century Circle Will be built to City
Engineer's specifications; and
b) A maintenance agreement for
Century Cirvle will be approved by the
Corporation Counsel and included as
part of the private road acceptance and
recorded with the plat.
Section 2. 'That in the event the
owner fails to execute the Acceptance
~rovided for in Section 1 herein within
forty-five (45) days after the date of
this Resolution, the provisions herein
shall be null and void and the approval
of the Plat shall not be effective.
Passed, adopted and approved this
23rd day of March, 19~81.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Acceptance of
RESOLUTION NO. 82-81
We, the undersigned, Fondeil and
Sons, Inc., Readymix Concrete Com-
party of Dubuque, Thomas A.
Luksetich and Rita J. Luksetlch, and
Eleanor Rafoth~ having read the terms
and conditions of the foregoing
Resolution No. 82-81 and being
familiar with 'the condition thereof,
hereby accept the same and agree to
the conditlon required therein.
Special Session
Dated at Dubuque, Iowa this 25th
day of March, 1981.
Fondeil and Sons, Inc.
James Fondeil, President
David Fondeil, Secretary
David R. Rafoth, Attorney in Fact
for Eleanor Rafoth
Eleanor Rafoth
Readymlx Concrete Co. of Dubuque
Robert E. Mole
F. C. Altman, Treasurer
Thomas A. Luksetich
Rita j. Luksetich
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
ORDINANCE NO. 15-81
AN ORDINANCE ESTABLISHING
THE WEST ELEVENTH STREET
URBAN REVITALIZATION AREA
CONTAINING THE PROPERTIES
HEREINAFTER DESCRIBED,
PURSUANT TO THE RE-
QUIREMENTS OF HOUSE FILE 81,
ENACTED BY THE 68TH
GENERAL ASSEMBLY OF THE
STATE OF IOWA, said Ordinance
having been presented and read at the
Council Meetings of February 2, 1980
and March 9, 1981, presented for final
adoption.
ORDINANCE NO. 15-81
AN ORDINANCE ESTABLISH-
ING THE WEST ELEVENTH
STREET URBAN REVITALIZA-
TION AREA CONTAINING THE
PROPERTIES HEREINAFTER
DESCRIBED, PURSUANT TO
THE REQUIREMENTS OF
HOUSE FILE 81, ENACTED BY
THE 68TH GENERAL ASSEMBLY
OF THE STATE OF IOWA.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the properties
hereinafter described shall hereafter be
designated an urban revitalization area
pursuant to House File 81, as enacted
by the 68th General Assembly of the
State of Iowa, 1979, to wit:
Beginning at the intersection of the
center line of Alta Vista Street and
the center line of Loras Boulevard;
proceed southerly along the center
line of Alta Vista Street to its inter-
March 23, 1981 109
section with the center line of Uni-
versity Avenue; thence easterly along
the center line of University Avenue
and extended easterly along the cen-
ter line of West Ninth Street to its
intersection with the center line of
Bluff Street; thence northerly along
the center line of Bluff Street to its
intersection with the center line of
Tenth Street; thence easterly along
the center line of Tenth Street to its
intersection with the center line of
the alley between Locust Street and
Main Street; thence northerly along
the center line of the alley between
Locust Street and Main Street to its
intersection with the center line of
Thirteenth Street; thence easterly
along the center llne of Thirteenth
Street to its intersection with the
center line of Main Street; thence
northerly along the center line of
Main Street to its intersection with
the center line of Loras Boulevard;
thence westerly along the center line
of Loras Boulevard to its intersection
with the center line of Bluff Street;
thence northerly along the center line
of Bluff Street to a point on the cen-
ter line of Bluff Street; thence west-
erly along the northerly boundary of
Lot, sub. 2 of City Lot 1 sub. 2-2 City
Lot 667 Lot 2 to a point intersecting
the easterly boundary of Lot, sub.
Lot 3 of City Lot 667, Lot 1; thence
northerly along the easterly bound-
ary of Lot, sub. Lot 3 of City Lot
667, Lot 1 to its intersection with the
northerly boundary of said lot;
thence westerly along the northerly
boundary of said lot, to the point
intersecting the easterly rigi~t-of-way
line of Montrose Street; thence
northerly along the easterly right-of-
way line of Montrose Street to its
intersection with the southern point
of Lot, Lot 2 of Lot 10 and Lot 11;
thence northwesterly along the
southwestern lot line of Lot, Lot 2 of
Lot 10 and Lot 11 continuing to its
intersection with the southwestern
~oint of Lot, NW41.9' Lot 14; thence
northerly along the westerly bound-
ary of Lot, NW4L9' to its intersec-
tion with the center line of West
Seventeenth Street; thence westerly
along the center line of West Seven-
teenth Street to its intersection with
the center line of Cox Street; thence
southerly along the center line of Cox
Street to its intersection with the
center line of Loras Boulevard;
thence westerly along the center line
of Loras Boulevard to its intersection
with the center line of Alta Vista
Street, which is the point of begin-
!10 SpecialSes~o~,March23,1981
Section 2. That the West Eleventh
Street Urban Revitalization Plan is
hereby adopted and approved and the
properties within said described area
shall be subject to the provisions of
said Plan.
Section 3. That said West Eleventh
Street Urban RevitaIization Plan shall
hereafter be on file in the City Clerk's
office, City Hall.
PASSED, ADOPTED AND
APPROVED, THIS 23rd DAY OF
March, 1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 30th day of
March, 1981.
Mary A. Davis
City Clerk
it 3/30
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of City Manager
submitting Resolutions regarding pro-
posed Washington Street Urban
Revitalization Area, presented and
read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None,
Abecnt--Council Member Farreli.
John Waltz and Robert Sawveil,
President and Secretary of the
Washington Street Neighborhood
Organization, requested that the pro-
posed area be altered to include an ad-
ditional 5¼ blocks.
A Resolution finding that the
Rehabilitation and Conservation of
the Washington Street Area is
necessary in the interest of the Public
Health, Safety and Weffare of the
residents of the City, presented and
read.
Council Member Pratt moved that
the Resolution be referred back to
staff so as to implement including
blocks with the area between White
and Washington on 12th and 13th
Streets, between White and Elm on
13th and 14th Streets, and 1/2 block
across Ehn Street south of 14th
Street, and return it at the next
meeting with this new perimeter.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
A Resolution acknowledging a Pro-
posed Plan for the Washington Street
Urban Revitalization Area, and pro-
viding for a Public Hearing, presented
and read.
Council Member Felderman moved
that the Resolution be referred back to
Staff. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of Chamber of Com-
merce requesting to notify Iowa DOT
regarding the closing of the Eagle
Point Bridge for a short period of time
at a time and place to be determined.
Council Member Brady moved that
the request bo approved and Mayor be
authorized to forward authorization to
the Iowa DOT. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayec King, Council Mem-
bors Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
Upon discussion, it was decided to
defer appointments to the Boards and
Commissions until the next meeting.
RESOLUTION NO. 83-81
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following having compiled
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Dan Kruse Pontlac, Datson, Inc.
600 Century Drive
Passed, adopted and approved this
23rd day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Cl0rk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Special Session
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 84-81
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and th~
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found te comply with the
Ordinances of this City and have flied
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
Dubuque Jaycees 1023~ Main Street
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Astgen'sFoods, Ltd. 1101 Rhomberg
(Also Sunday Sales)
LaVern Nicholas Hennen 3300 Asbury
(Also Sunday Sales)
Earl E. Schumacber 2204 Central
(Also Sunday Sales)
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
RESOLUTION NO. 85-81
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS. The premises to be oc-
cupied by such applicants were in~
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
March 23, 1981 111
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIALI
BEER AND LIQUOR LICENSE
John W. Noonan 1618 Central
(Also Sunday Sales)
James Robert Winders 1701 Central
Randall R. Rick & Michael B. Weber
3670 Central
Passed, adopted and approved this
23rd day of March, 198I.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
MINUTES SUBMITTED: Dock
Commission of 2-2; Electrical Exarnin-
lng Board of 3-10; Recreation Commis-
sion of 2-16 and 3-9; Transit Board of
2-12; Historical Preservation Commis-
sion of 3-10; P & Z of 3-4; presented
and read.
Council Member Fclderman moved
that the minutes be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
Communication of City Manager
submitting reports of months of
January and February, 1981; Proof of
~ublicatinn, certified to by the
Publisher, of List of Receipts and Ex-
penditures for month of January,
1981, presented and read.
Council Member Felderman moved
that the communication and proof be
received and filed. Seconded by Coun-
cil Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Petition of David Leifker requesting
the validity of grain trucks being park-
ed on Kerper Blvd. & East 9th Street
while waiting to unload at Conti-
Carriers Terminal, presented and read.
Council Member Felderman moved
that the petition be referred to the
112 Special Session March 23, 1981
City Manager for investigation and
report. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
Communication of Federal Com-
munications Commission advising
that the "Petition for Recon-
sideration'' filed December 1, 1980 by
KDUB-TV is DENIED, presented and
read.
Council Member Felderman moved
that the communication be referred to
the TV Cable Comwission. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
NOTICES OF CLAIMS: James
Revenig, in amount of $205.30 for
back-up sewer damages at 2267 St.
Cella on 3-8-81; Vincent Scardino et ux
vs. Homz Partners, et al in amount of
$150,000 for property damages; Ben-
nie Brandenburg, in amount of $2,000
for personal injuries, presented and
read.
Council Member Felderman moved
that the claims and suits be referred to
the Corporation Counsel for investiga-
tion and report. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
hers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communications of Corporation
Counsel recommending denials of
following claims: Sewer back-up claim
of Loretta C. Smith; sewer back-up
claim of Marayne Mayer; tire damage
claim of Gerald Neuberger; Property
damage claim of Thomas J. Deves
Personal injuries claim of Bonnie
Brandenburg; presented and read.
Council Member Felderman moved
that the communications be received
and filed and denials approved.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Falderr~an, Pratt.
Nays--None.
Absent--Council Member Farrell.
Petition of Kathleen Welchert et al
(37 signers) requesting strip of cow
crete be laid on the parkline between
the curb and sidewalk in front of bus
shelter and stop at approach to
Stonehill Care Center at 3485 Windsor
Avenue, presented and read.
Council Member Felderman moved
that the petition be referred to the
City Manager. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady. Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Communication of City Manager
submitting status report on data
gathering for the delineation of
municipal wards, presented and read. '~'
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
9:50 P.M. Council Member Pratt
moved to go into Closed Session to
discuss with legal Counsel matters
presently pending in litigation.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
10:10 P.M. Council Reconvened
Regular Session.
Mayor King announced Corporation
Counsel had been given d~rectlon
regarding pending litigation.
There being no further business,
Council Member Felderman moved to
adjourn. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Mary. A. Davis
City Clerk
Approved__ 1981
Adopted _ 1981
Special Session March 23, 1981
113
Council Members
ATTEST:
City Clerk
114
Special Session, March 26, 1981
CITY COUNCIL
OFFICIAL
Special Session, March 26, 1981.
Council Met at 4:15 P.M. (C.S.T.)
Present--Mayor King, Council
Members Brady, Pratt.
Absent--Council Member Felder-
man at Roll Call.
Absent--Council Member Farreil,
City Manager W. Kenneth Gearhart,
Corporation Counsel R. N. Rusec.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to Consider a Resolution
Authorizing the City Manager to Com-
mence Negotiations for a Cable Sec-
vices Delivery Franchise for the City
of Dubuque.
Chairperson Rex Reynolds of Cable
TV Commission submitted an oral
presentation and advised of correc-
tions that had been made in Proposed
Sections of Cable Franchise Ordinance
as requested by the City Council and
Staff.
Council Member Felderman entered
Council Chambers at 5:25 P.M.
Council Member Brady moved that
the City Council go on record as accep-
ting 2 documents known as "Proposed
Sections Cable Franchise Ordinance"
as amended and "Request for Pro-
posals Franchise Sections" and City
Manager be instructed to use these
documents as chief tool in negotia-
tions. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None,
Absent--Council Member Farrell.
RESOLUTION NO. 86-81
Authorizing the City Manager to
Commence Negotiations with
Teleprompter of Dubuque for a Nonex-
cluaive, Revocable Franchise for the
Operation of a Cable Services Delivery
System for the City of Dubuque, lowa
WHEREAS, Section 364.2.4 of the
Code of Iowa provides cities the power
to grant franchises to erect, maintain
and operate plants and systems for
cable television by ordinance subject
to approval of an election; and
WHEREAS, the present cable fran-
chise for the City of Dubuque granted
pursuant to Ordinance No. 25-63 ex-
pires November 10, 1983; and
WHEREAS, it is deemed to be in
the best interest of the City of Dubu-
que and its citizens to commence with
the process of sollcitatinn, negotiation
and award of a new cable franchise for
the City,
NOW, THEREFORE, BE IT
HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA,
Section 1. That the form of Request
~or Proposal and Proposed Cable Fran-
chise Sections attached hereW and
made a part hereof are approved.
Section 2. That the City Manager is
hereby authorized and directed to
soliei~ aecep~ evaluate, and com-
mence negotiations with Teleprompter
of Dubuque for a cable franchise
dinanee to be submitted to the City
Council for its review, approval or re-
jection.
Section 3. That the City Manager is
hereby authorized and directed to ap-
point a negotiating team comprised of
the City Manager, the Administrative
Assistant to the City Manager, the
Corporation Counsd or hie designee
and two (2) members of the Cable TV
Commission to evaluate the applica.
Lion form and to negotiate with
Teleprompter of Dubuque to determine
the terms of an ordinance comprising
the cable franchise for presentation to
the City Council
Section 4. That the employees,
~cers, agents and representatives of
Teleprompter of Dubuque and
Teleprompter Corporation shall direct
all inquiries and communications to
the City Manager during the solloita-
Lion and negotiation period and they
are prohibited from communicating
with any member of the City Council in
reference to the proposed franchise or
franchise process until suvh proposed
franvhise ordinance is submitted to
City Council by the City Manager and
is set for diecussion by the City Council
Section 5. That the City Manager is
hereby authorized and directed to
quire Teleprompter of Dubuque to pay
a nonreturnable filing fee of seven
thousand five hundred dollars ($7,500}
to~ accompany the proposal
Passed, approved and adopted this
26th day of March, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Special Session
Yeas--Mayor King, Council Mem~
.bers Felderman, Pratt.
Nays--Council Member Brady.
Absent--Council Member Farrell.
A Proposed Schedule- Cable TV
Franchise Negotiations with
Teleprompter was presented by Ad-
ministrative Assistant Wittenberg.
Council Member Felderman moved
that the City Manager be directed to
conform to the proposed schedule as
amended. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Felderman, Pratt.
Nays--Council Member Brady.
Absent--Council Member Farrell.
There being no further business,
Council Member Pratt moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
hers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Mary A. Davis
City Clerk
Approved .1981
Adopted __ 1981
Council Members
ATTEST:
City Clerk
March 26, 1981
115