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1981 April Council ProceedingsRegular Session, April 6, 1981 117 CITY COUNCIL OFFICIAL Regular Session, April 6, 1981 Council met at 7:30 P.M. IC,S.T.) Present--Mayor King. Council Members Brady, Felderman. Pratt, City Manager W. Kenneth Gearhart, Corporation Counsel R,N. Russo, Absent--Council Member Farreil. Mayor King read the call and stated that service thereof had been duly made and this is the Regular monthly meeting of the City Council called for ~he purpose to act upon such business which may come before the Council. PROCLAMATIONS: April 12, 1981 as "Very Special Arts Festival Day for the Handicapped"; Month of May as "Senior Citizens Recognition Month" received by Twila Schiltzer; April 14-17, 1981 as "Detect Glaucoma Week" received by Tom Hantelmann. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to establish Zoning Districts for the territory known as the West Sector, presented and read. 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 Farreil. Communication of Mayor of Town of Asbury expressing Asbury's feelings regarding zoning in the West Sector, 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, Felderman, Pratt. Nays--None. Absent--Council Member Farreli. Council Member Brady moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayer King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farre]l. ORDINANCE NO. 16-81 AN ORDINANCE PROVIDING THAT THE CODE OF OR- DINANCES, CITY .OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE" ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO AMEND THE ZONING MAP WITH REGARD TO PROPER- TIES IN THE WEST SECTOR OF THE TERRITORY INVOLUNTARI. LY ANNEXED TO THE CITY OF DUBUQUE, IOWA, said Ordinance having been presented at the meeting of March 9, 1981, presented for final adoption. ORDINANCE NO. 16-81 AN ORDINANCE PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", TO AMEND THE ZONING MAP WITH REGARD TO PROPER- TIES IN THE WEST SECTOR OF THE TwtRITORY INVOLUNTARILY ANNEXED TO THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque, Iowa annexed certain territory on June 1, 1979, pursuant to a final order of the City Development Board of the State of Iowa; and WHEREAS, by Ordinance No. 39-79, the City Council established temporary zonhug regulations for the annexed territory pending establish- ment of zoning classifications accor- ding to procedures prescribed in Arti- cle VIII of the Zoning Ordinance; and WHEREAS, the City Planning and Zoning Commission has completed a study of land-uses and zoning classifications in the portion of the annexed territory known as the West Sector and has reported its findings and recommendation to the City Coun- cil; and WHEREAS all requirements of Article VIII Section 8 of Appendix A of the Code of Ordinances~ of the City of Dubuque, Iowa have been met; and WHEREAS, all requirements of Chapter 414 Code of Iowa 1979 with regard to the preparation of the report of the Zoning Commission and subse- quent action of the City Council have been met; NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 118 Regular Session, April 6, 1981 Section 1. That the Code of dinanees of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning O~ dinance and Zoning Map of the City of Dubuque, Iowa", to establish zoning districts for the territory known as the West Sector in acemdance with Ex- hibit "A ' hereto attoched~ Section 2. That the provisions of dinance No. 39.79providing temporary zoning classifications for the annexed territory as they apply to the West See- tot only are hereby repealed. Section $. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iow~ Passed, approved and adopted this 6th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of April, 1981. Mary A. Davis City Clerk It 4/14 mTF~T~ 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, Felderman, Pratt. Nays--None. Absent--Council Member Farreli. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to reclassifying Lots 1-15 inclusive of Oak Brook Development from R~5 Multi-Family Residential Planned Unit Development District to R-4 Multi-Family Residential Planned Unit Development District, presented and read. There were no written objections received and no oral objectors present at the time set for the 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 Farreli. ORDINANCE NO. 17-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING LOTS 1-15 INCLUSIVE OF OAK BROOK DEVELOPMENT FROM "R-5 MULTI.FAMILY RESIDEN- TIAL pLANNED UNIT DEVELOP- MENT DISTRICT TO R-4 MULTI- FAMILY RESIDENTIAL PLAN- NED UNIT DEVELOPMENT DISTRICT", said Ordinance having been presented at the meeting of March 9, 1981, presented for final adoption. ORDINANCE NO. 17-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASSIFYING HEREINAFTER DESCRIBED Regular Session, April 6, 1981 119 PROPERTY FROM "R-5 MULTI- FAMILY RESIDENTIAL PLANNED UNIT DEVELOP- MENT DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL PLANNED UNIT DEVELOP- MENT DISTRICT" WHEREAS, applicants ARIC, Ltd. have filed a Preliminary Development Plan for certain property hereinafter described in accordance with provisions of the Planned Unit Development Dis- trict regulations as set forth in Sec- tion 4-110 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, said applicants have also filed an application for reclassifi- cation of said property from "R-5 Multi-Family Residential Planned Unit Development District" to "R-4 Multi-Family Residential Planned Unit Development District" in accor- dance with the provisions of zoning reclassification as set forth in Article VIII of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa;and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on said Preliminary Develop- ment Plan and said application for zoning reclassification pursuant to required published notice; and WHEREAS, the Planning and Zon- ing Commission has conditionally approved said Preliminary Develop- ment Plan and said application for zoning reclassification having found that said Plan is in substantial confor- mance with the review standards appli- cable to such plans as set forth in Section 4-110.10 of Article IV of the Code of Ordinance, Appendix A thereof, of the City of Dubuque, Iowa; and V/~IEREAS, the Planning and Zen- lng Commission recommended the con- currence of the City Council in conditional approval of said Prelimi- nary Development Plan and said application for zoning reclas#~fication; and WHEREAS. the City Council has received the recommendation of the Planning and Zoning Commission and has held its own public hearing on said Preliminary Developmem Plan and said application for zomng reclassifica- tion pursuant co required published notice; and WHEREAS. the City Council has conditionally approved said Prelimi- nary Development Plan and said application for zoning reclassification: NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUN- CILOF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nance of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying from "R-5 Multi-Family Residential Planned Unit Development District" to "R-4 Multi-Family Residential Planned Unit Development District" the following described property, to wit'. Lots 1-15 Inclusive of Oak Brook Development Section 2. That the reclassification from "R-5 Multi-Family Residential Planned Unit Development District" to "R-4 Multi-Family Residential Planned Unit Development District" applied to the property herein above described is a tentative reclassification and final adoption of the amendment as setforth in Section I of this Ordi- nance shall be subject to the require- ments of Section 4-110.11.3 of the Code of O~dinances, Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", whereby final adop- tion of said l'eclassiflcation is contin- gent upon submission of a Final Development Pinn by the developer within six (6) months of the effective date of this Ordinance and further that failure by the developer to comply with the requirements as set forth herein, shall automatically revert said property to its underlying zone "R-4 Multi-Family Residential District" classification. Section 3. That the Preliminary Development Plan submitted with the application for R-4 Multi-Family Resi- dential Planned Unit Development designation is hereby approved with the following conditions to be satisfied prior to Final Plan submission: a. Vacate the portion of the plat dealing with the southern parcel sche- duled for townhouse development. b. Locate and indicate proposed screening of trash receptacles. c. Include tot lots in both the Apart- ment and Vownhouse areas as a trade- off for the loss of recreation area due to new plan. d. Northwest parking area in Town- house Developmen~ ~o be shifted to reflect 90' angle with drive. e. Soil EroE~on Control Plan ~o be submitted to Soil Conservation Service ~rior to Final Development Plan approval. f. Articles of Incorporation are to be changed to reflect the vacated lots of 120 Regular Session, April 6, 1981 the recorded plat. g. Final Plan to include detailed landscaping plan including plant material and planting schedule. h. Sidewalk is to be extended from Raven Oaks Drive right-of-way to townhouse units for pedestrian circula- tion. PASSED. APPROVED AND ADOPTED this 6th day of April, D. Michael King MAYOR ATTEST: Mm~y A. Davis CITY CLERK ACCEPTANCE OF ORDINANCE NO, 17-81 We, the undersigned ARIC, Ltd. having read the terms and conditions of the foregoing Ordinance No. 17-81 and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 1 day of May, 1981. ARIC, Ltd. By Thomas P. Swift, President By Gerald P. Swift Published officially in the Telegraph Herald newspaper this 8th day of May, Mary A. Davis City Clerk lt5/8 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, Felderman, Pratt. Nays--None. Absent--Council Member Farreil, Communication of City Manager submitting addendum to Washington Street Urban Revitalization Plan, presented and read, Council Member Pratt moved that the communication be received and ill- ed. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. RESOLUTION NO. 87-81 A Resolution finding that the Rehabilitation and Conservation of the hereinafter described properties, comprising the Washington Street area, is necessary in the interest of the public health, safety and welfare of the residents of the city. WHEREAS, House File 81, as enacted by the Iowa State Legislature in 1979, allows cities to give property tax exemptions for properties on which improvements have been made in a designated revitalization area, and further authorizes cities to issue revenue bonds for revitalization and ~rban renewal areas; and WHEREAS, the Washington Street krea as hereinafter described is an area containing a substantial number of deteriorated or deteriorating struc- tures, retarding the provision of haus- lng accommodations; and WHEREAS, said area has a predominance of buildings and im- provements which are significant by reason of age, history and architec- ture, and should be preserved or restored to productive use; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation and conservation of the hereinafter described area is hereby found to be necessary in the interest of the public health, safety and welfare of the residents of the city, which area's boundaries are described as follows: Beginning at the eenterllne of East 14th Street and the centerline of the alley between Central Avenue and Iowa Street' proceed northerly along the eenterline of the alley between Cen, tral Avenue and Iowa Street and eon. tinue northerly along the centerline of Heeb Street to the intersection with the eenterllne of the platted alley west of Central Avenue; thence northerly along the centerline along the platted alley west of Central Avenue to the northwest corner of Lot Sub. C.L. 438, 439 and part of 676 S~ Lot 1; thence easterly along the northerly lot line of Lot Sub C.L. 438, 439 and part of 676 S~ Lot 1; extended easterly along the centorline of East 2Oth Street to the in- tersection with the centerllne of Elm Street; thence southerly along the centerline of Elm Street to the interest. tion with the eenterline of East 14th Street' thence easterly along the eenterline of East 14th Street to the in. tersection with the centerllne of the alley between Elm Street and the westerly right-of-way of the Milwaukee Road and Chicago Northwestern Railroad; thence southerly along the eenterllne of the alley to the intersec- Hen with the eenteriine of East 13th Street' thence westerly along the Regular Session, April 6, 1981 121 centeriine of East lSth Street to the in, tersection with the centoriine of Washington Street; thence southerly along the centerline of Washington Street to the intersection with the centeriine of East 12th Street; thence westerly along the centerline of East 12th Street to the intersection with the eenteriine of White Street; thence now therly along the centerline of White Street to the intersection with the centeriine of East 14th Street; thence westerly along the centeriine of East 14th Street to the intersection with the centerllne of the alley between Central Avenue and Iowa Streeg which is the point of beginning. Section 2. That the above-described area meets the eligibility criteria of section one (1) House File 81, as enacted by the General Assembly of the Store of low~ 1979. Passed, approved and adopted this 6th day of April, 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 following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreli. RESOLUTION NO. 88-81 A Resolution acknowledging a pro- posed plan for the Washington Street Urban RevltaHzation area, and pro- viding for a public hearing. WHEREAS, Resolution No. 87-81 has set forth a finding that the Washington Street Area meets the eligibility criteria Of section one (1) of House Frs 81, known as the Iowa Ur- ban Revitalization Act, and that the rehabilitation and conservation of said Area is hi the interest of the public health, safety and welfare of the residents of the city; and WHEREAS, House Frs 81 provides that a public hearing shall be held on a proposed plan for the revitalization NOW, THEREFORE, BE IT BE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Proposed Urban Revitalization Plan for the Washington Street Area shall be made a matter of record and shall be available for public inspection in the Office of the City Clerk and in the Plan. ning Division of the Department of Community Development. Section 2. That a public hearing shall be held by the City Council on the pro- posed plan on May 18, 1981. Section 3. That following said public hearing, the proposed plan may be adopted, amended, referred to a second hearing, or rejected by the City Coun- ei~ as provided by House File 81. Section 4. That notice of the pen- dency of the proposed plan shall be given according to the requirements of House File 81. Passed, approved and adopted this 6th day of April, 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 following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None: Absent--Canncil Member Farrell. Communication of City Manager submitting bidding procedures for reconstruction of Central Avenue Sanitary Sewer from 24th to 26th Street, 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- bets Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreli. (Preliminary Approval of Plans/ Specs. Etc.) RESOLUTION NO. 89-81 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifications etc. for the Reconstruction of the Cen- tral Avenue Sanitary Sewer from 24th to 26th Street, with est. cost of $94,378.50, be hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clark Council Member Feldsrman moved adoption of the Resolution, Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Faldsrman, Pratt. Nays--None. Absent--Council Member Farrell, (Necessity for Improvements) RESOLUTION NO. 90-81 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1. The plan of such improvement 2. An estimate of the cost of the im- provement for the reconstruc/~inn of the Central Avenue Sanitary Sewer from 24th to 26th Street. BE IT RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless interested persons at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the proposed pinns, specifications, con- tract or estimated cost of the improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall ha con- strutted and done hi accordance with the plans and specifications which have been approved by the City Coun- cfi and are now on ~e with the City Clerk. That the cost and expense of making said improvement will be paid from General Obligation Bonds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of Apri~ 1981. Approved and placed on ~e for final action. APPROVED: D. Michael King Mayor ATTEST: Mary A. Davis City Clark Council Member Feldarman moved Regular Session, April 6,1981 approval 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 Farrcfi. {Fixing Date of Hearing) RESOLUTION NO. 914~1 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its )re'~ approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- flea of the City Clerk for public inspec- tion for the reconstruction of the Con- tral Avenue Sanitary Sewer from 24th to 26th Street. NOW, THEREFORE, BE IT RE- SOLVED that on the 4th day of May, 1981, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time the objectors fur the pro- posed improvement may appear and make objectfon to the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to ha published in some newspaper published in the City of Dubuque, Iowa, which shall not be less than four days nor more than twenty days prior to the day fixed for its con- aidaration, and the City Clerk be and is hereby directed to have published the notice of pendency for said ~mprove- ment, and the City Clerk is hereby directed to advertise for proposals to the contractors fo~. the construction of the above-meatinned improvement. Passed, approved and ailopted this 6th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clark Council Member Faldarman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Feldarman. Pratt. Nays--None. Absent--Council Member FarrelL Petition of Larry Hamel et al (29 algnecel requesting to address the Council resarding the restriction of parking on beth aidea of Chaney Road from Kane Street to Scenic View Drive and on beth sides of Ma~yvilla Drive Regular Session, April 6, 1981 123 from Kane Street to Scenic View Drive and on the south side of Kane Street from Chaney Road to Tina Ridge from 7:00 a.m. to 9:00 a.m. on school days, presented and read. Larry Hamel spoke to the petition and stated that he had discussed this with the City Traffic Engineer and also that it was the hope of the ad- ministration of Wahlart High School, that students would once again start parking in the school parking lots. Council Member Pratt moved to refer the petition to the City Manager and return it at the Council Meeting of April 20th, Seconded by Council Member Feldarman. Carried by the following vote: Yeas--Mayor King, Council Mem- bars Brady, Feldarmen, Pratt. Nays--None. Absent--Council Member Farreil. Communication of City Manager submitting Resolution requesting release of funds for certain Communi- ty Development Block Projects, i.e, 21st Street and White Street Radii Im- provements, 22nd Street and Central Avenue Signalization and Comiskey Park Lighting Improvements, presented and read. Council Member Feldsrman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the foil?w- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Feldsrman, Pratt. Nays--None. Absent--Council Member Farrcfi, RESOLUTION NO. 92411 Authorizing submission of a request for release of funds for certain Com. reunify Development Block Grant pro- jeers WHEREAS, the City of Dubuqe in conformance with the Environmental Review Procedures for the Community Development Block Grant Program convened an ad hoc committee on February 9, 1981, and completed an Environmental Assessment of the following identified propessi (project) with Community Development Block Grant funds; and 21st Street and White Street Radii Improvements 22nd Street and Central Avenue Signalization WHEREAS, pursuant to Resolution No. 78-81 adopted March 23, 1981, Public Notice of a "Finding of No Significant Effect on the Environ- ment" for the proposal (project) was published March 24, 1981, in the Dubuque Telegraph Herald, a newspapar of general circulation, and provided for a public comment period until 12:00 Noon, Friday, April 10, 1981; 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 February 11, 1981, and completed an Environmental Assessment of the following proposals {projects) with Community Development Block Grant funds; and Commiskey Park Lighting Improvements WHEREAS, pursuant to Resolution No. 77-81 adopted March 23, 1981, Public Notice of a "Finding of No Significant Effect on the Environ- ment'' for the proposals {projects) was mbilshed March 24, 1981, in the Dubuque Telegraph Herald, a newspaper Of general circulation, and provided for a public comment period antfl 12:00 Noon, Friday, April 10, 1981; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Enviromnont" for the proposals (projects) were sent by regular mail to 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- proprlate to receive such a Public Notice; and WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submie- aion of a request to the U.S. Dopurt- ment of Housing and Urban Develop- ment for the release of funds under the said Act to carry out the above- identified projects: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seetinn 1. That the Environmental Review Record for each of the pro- poeale (projects) shall 'continue to re- main on file at the following legations. Said records may be examined and copied by any interested party: 124 Regular Session, April 6, 1981 1) Office of the City Clerk, City Hal~' 2) Department of Community Developmen~ City Hal~' 3) Department of Community Development, Housing Services Divi- siov, 1805 Central Avenue; 4) Fire Station #2, John F. Kennedy Road; 5) Fire Station #3, 32nd Street and Central Avenue. Section 2. That the Mayor of the City of Dubuque is herby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop. ment no later than April 30, i981, 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 Act 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- ried 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 aocept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. 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 vironmental review proeeduree. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 6th day of April, 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- bors Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of City Manager submitting Resolution authorizing Mayor to execute construction agree- ment with Iowa D.O.T, 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, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. RESOLUTION NO. 93-81 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor be hereby authorized to execute a Supplemental Agreement for the City of Dubuque, identified as Iowa D.O.T. Agreement #81.3-014, relating to: & Paving of the City Island Bridge deck; b. Painting of the City Island Bridge; and e. Paving of the City Island Bridge approaches and ramps. Passed, approved and adopted this 6th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- ,ion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of City Manager re- questing Corporation Counsel in- ctitute eminent domain proceedings ~o secure easement rights for properties for Crescent Ridge Sanitary Sewer, presented and read. Mr. Alfred Polsean, 3515 Crescent Ridge, objecting to proposed pro- ceedinge, asking if $1 per foot was enough for right-of-way? 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. Regular Session, April 6, 1981 125 RESOLUTION NO. 94-81 WHEREAS, the City of Dubuque, Iowa, has been negotiating with the owners of record of thoso properties through which the Crescent Ridge Sanitary Sewer will traverse; and WHERAS, the City of Dubuque has not been able to negotiate a sale and purchase price on all of the construc- tion easements necessary for the pro- ject; and WHEREAS, the City of Dubuque finds and determines that Eminent Domain Proceedings should be in- stituted to acquire said construction easements by the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Eminent Domain Proceedings be instituted forthwith by the City of Dubuque, Iowa, for the quisition of construction easements through the properties listed in the City Manager's memorandum of April 1, 1981, for the construction of the Crescent Ridge Sanitary Sewer, and that the Corporate Counsel be and he is hereby ordered and directed to in~ stituto said Eminent Domain Pro. eeedings forthwith for and on behalf of the City of Dubuque, Iowc~ Section 2. That the Corporate Counsel be and he is hereby directed and empowered to do any and all things necessary and incidental to said Eminent Domain Proceedings. Passed, approved and adopted this 6th day of April, 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- bors Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of Cordon Construc- tion requesting to build concrete ramp at Eagles Store located on Elm Street, presented and read. Council Member Pratt moved that the communication be received and filed and approved. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Abeent--Councfl Member Farreil. Communication of City Manager submitting Ordinance authorizing Eagles Store on Elm Street to con- struct a concrete ramp, presented and read. Council Member Prat moved that tbe eenununlcotion be received and filed. Seconded by Council Member Folder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farre]l. ORDINANCE NO. 18-81 AN ORDINANCE AUTHORIZING LUCKY STORES, INC./MIDWES- TERN FOOD DIVISION dlb/a EAGLES TO CONSTRUCT CON- CRETE RAMP AT THEIR STORE ON ELM STREET, presented and read. Council Member Pratt moved that the reading juet 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- bors Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. 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- bets Brady, Felderman, Pratt. Nays--None. Abeent--Councfl Member Farrell. ORDINANCE NO. 18-81 AN ORDINANCE AUTHORIZING LUCKY STORES, INC./MIDWES. TERN FOOD DIVISION, P.O. BOX 67, ROCK ISLAND, ILLINOIS 61201, TO CONSTRUCT CONCRETE RAMP. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Lucky Stores, Ine./ Midwestern Food Division as owners of the premises known as Eagle Dis- count Center Supermarket No. 180, Dubuque, Iowa, and legally described as Lots 167, 168) 16~ 176~ 171, 232, 233, 284, 235 and 236 in "East Dubuque" an 126 Regular Session, April 6, 1981 Addition in City of Dubuque, Iowa, also the vacated alley between Elm and Pine S~reets, from Eighteenth to Nineteenth Strec~ in Dubuque, Iowa be and they are hereby granted the revocable permit and authority to con- struct and maintain a concrete ramp under the terms and conditions set forth this Ordinnaoe. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Or dinances of the City of Dubuque. Section 3. That the permission herein granted is expressly condition- ed on permittees' agreement to: a~ Assume any and all liability for damages to parsons or property which may recur from the existence, loca- tion, installation, construction or malntznauee of said eouerete ramp. b) Pay on behalf of the City of Dubu- qus, all sums which the City of Dubu- que shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the installation, existence, construction or maintenance of said concrete ramp sustained by any person or persons, caused by accident or otherwise to de- fend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of thc location, installation, existence, construction or malntenauee of couerete ramp and to pay reasonable attorney fees therefore; and c) Indemnify and hold the City of Dubuque free and harmless from any and all elalms, loss, liability and ex- pease for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in eonnee. lion with the location, installation, construction, maintenance and repair of the ~cllity, work or improvement permitted hereim S~tlan 4. That the permission herein granted is e~pr~ssly condition- ed upon permittoes ' further agreement that should the right and privilege her~in granted be rescinded or revoked by tbs City Counaig permittece, or their successors in interesg as owners of the abutting property, shall within t~n (10) days afar receipt of written notice from the City Manager, so ta da, at their own expense, remove said con- ramp and in the event of their so to do, the City of Dubuque shall be authorized to remove said con, crete ramp at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said concrete ramp. Section 5. That permlttees eonve- cant and agree that the revocable pe~ mit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permigtecs hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for deatl~ personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the ~ herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder acerae tO Lucky Stores Inv.~ Midwestorn Food Division when this Ordinance has been adopted by the City Council and the terms and eoudi- 'lions thereof accepted by permittees by acceptance endorsed on this O~ dlnauee. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this O~ dinance in the office of the Recorder in and for Dubuque County, low~ Passed, approved and adopted this 6th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Aeceptunre of ORDINANCE NO. 18-81 The undersigned having read and be- icg familiar with the terms and con&- tions of Ordinance No. 18-81 hereby, for themselves, their successors or assigns, as owners of the abutting pro- perry accept tbs same and agree to be bound by the conditions and agreements therein contained to be performed by permlttecs. Midwesteru Food Division Lucky Stores, Inc. P.O. Box 87 Rock Island, Illinois 61201 Dated: April 1, 1981 BY: /s/Stanley W. Coin President BY: /s/Jack B. Nichalecn Assistant Secretary RegularSeealon, Apri16,1981 127 Published officially in the Telegraph Herald newspaper this 14th day of April, 1981. Mary A. Davis City Clerk It 4/14 Council Member Pratt moved final adoption of the Ordinance. Seconded by. Council Member Felderman. Car- tied by the following vote: Yeas--Mayor King, Council Mom- hers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Petition of The Friendship Force re- questing authorization of disburse- meet of funds in amount of $1,223.00 Irental of Five Flags $1,100 and Eagle Point Shelter $123.00} from City Coun- oil Account to be used for hosting Friendship Force Ambassadors from West Berlin, Germany on June lSth and 24th, presented and read. Council Member Pratt moved that petition be approved, but only in the amount of $1,000. Seconded by Coun- ~ Member Falderman. Carried by the following vote: Yeas--Mayor King, Council Mem- hers Brady, Felderman, Pratt. Nays--None. Abecnt--Council Member FarrelL Corporation Counsel Russo advised the Council that he is stffi waiting for the decision of the 8th Circuit Court regarding the proposed Ordinance pandfug on Drug Paraphernalia. Operation: New View discussion was delayed until the Council Meeting of April 20. BOARDS AND COMMISSIONS: Council Member Pratt moved that Patrick T. Marsindl ha nominated for the Housing Code Appeals Board for a Council Member Brady moved that Ruth Nash he nominated for the Hous- icg Code Appeals Board for a one year Council Member Brady moved that Hugh Eichordson be nominated for the Housing Code Appeals Board for a Vote on the nominations was as fonows: Marshall: Yeas--None, Nash: Yeas--Council Member Brady. Eichardson: Yeas--Mayor King, Coun- cfi Members FaldermAn. Pratt. Hugh Richardson therefore pointed to the Housing Code Appe~s Board for a one year term eapiring 1-11-82. Council Member Pratt moved that Paul Fitzsimmons he unminatqd to the Housing Code Appeals Board for a two year term. Council Member Pratt moved that Gerald L. Guy be nominated for the Housing Cede Appeals Board for a two year term. Vote on the nominations was as follows: Fitzsimmons: Yeas--Mayor King, Council Members Brady, Feldermun, Pratt. Guy: Yeas--Mayer King, Council Members Felderman, Pratt. Paul Fitzshnmons and Gerald L. Guy both therefore appointed to the Housing Cede Appeals Board for a two year term expiring 1-11-83. Council Member Felderman moved that Charlotte Kelly he nominated for the Housing Code Appenls Board for a three year term. Council Member Pratt moved that Dolores Johnson be nominated for the Housing Cede Appeals Board for a three year term. Council Member Felderman moved that Solomon S. Kessler be nominated for the Housing Code Appeals Board for a three year term. Vote on the nominations was as follows: Kelly: Yeas--Mayor King, Council Members Felderman, Pratt. Johnson: Yeas--Council Members Brady, Pratt. Kessler: Yeas--Mayor King, Council Members Feldecman, Pratt. Charlotte G. Kelly and Solomon S. Kessler therefore appointed for a three year term to the Housing Code Ap- peals Board expiring 1-11-84. RESOLUTION NO. 95~1 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. he granted a permit to sell Cigarette and Cigarette Papers witlfln said City. Carol Borehctte & Phyllis A. Dunne I~0 Central Avenue Barf and F. Enterprise, Inc. 703 Town Cieck Plaza Raecm~y J. Kohuou 1406 Pine St. Passed. adopted and approved this 6th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis 128 Regular Session, April 6, 1981 City Clerk Council Member Pratt moved ado0- tion of tho Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Abeent--Councfl Member Farreil. RESOLUTION NO. 96-81 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 City Manager be authorized to cause to be issued to the following named ap- plicants a Beer Pormitt CLASS "B" BEER PERMIT Dennis J. Meyer Bunker Hill Road (Also Sunday Sales) Dr. John Brehm, Jean L. Bcehm and Vohiey Hash 1755 Redford Rd. (Also Sunday Sides) CLASS "C" BEER PERMIT Raymond L. Haggstrom and Kamlis L. Hsggstrom 3412 Pennsylvania Avenue (Also Sunday Sales) Pshner Drng Co. 2600 Dedge St. (Also Sunday Sales) Passed, adopted and approved this 6th day of April, 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- bets Brady, Fslderman, Pratt. Nays--None. Abcent--Council Member Farreil. RESOLUTION NO. 97-81 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to bo oc- cupied by such applicants were in- spected and found to comply with the State Law and ail City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City Dubuque, Iowa, that the City Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ronald Fens 1121 University Jeannine A. Kersch 1555 Central (Also Sunday Sales) Knights of Columbus Council 510 781 Locust Street (Also Sunday Sales) Passed, adopted and approved this 6th day of April, 1981. D. Michsel King Mayor ATTEST: Mary A. Davis ~ City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Fe]derman. Carried by the foilowing vote: Yeas--Mayer King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farroil. MINUTES SUBMITTED: Airport Commission of 3-12; Cable TV Com- mission of 3-2; Civil Service Commis- sion of 3-3; Corrected Deck Commis- sion of 2-27; Transit Board of 3-12; P & Z Commission of 3-18, presented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Council Member Felder- man. Carried by the foilowing vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Printed Council Proceedings for months of November and December, 1980, presented for approval. Council Member Pratt moved that the proceedings be approved as printed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Abeent--Cnancfl Member Farrell. Regular Session, April 6, 1981 129 NOTICES OF CLAIMS: Carl Reiss, in amount of $67.30 for tire damages; JoAnn Settle in undetermined amount for personal injuries; Richard D. Welsh, $70.00 for tire damages; Russell W. Bowman, $400 for car damages; Michael H. Scholtes, $605.02 for car damages; presented and read. Council Member Pratt moved that the claims be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Fidderman, Pratt. Nays--None. Absent--Council Member FarrelL Communications of Corporation Counsel recommending denials of per- sonal injuries claim of Ruth Duehr, personal injury claim of Kevin Nicholas, and advising Small Claims Suit of Delos A. Dorweiler has been dismissed, presented and read. Council Member Pratt moved that the communications be received and filed and that the denials be approved. 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 Farreil. Communication of Counsel for Mississippi Vailey Airlines, Inc. sub- mitring notice of intent to suspend ser- vice on or after ninety days to various airports including the Dubuque Air- port, presented and read. Council Member Pratt moved that the communication be referred to the Airport Commission. Seconded by Council Member Felderman. Carried by the foilowing vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farcell. Communication of Waterloo Airport Commission (before the Civil Aeronautics Board) submitting an ob- jection of intent to suspend service on or after ninety days by Mississippi Valley Airlines, Inc., presented and read. Council Member Pratt moved that the communication be referred to the Airport Commission. Seconded by Council Member Felderman. Carried by the foilowing vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. Petition of Liz and Al Picker of 645 North Burden requesting to purchase property located next to Lot 112 O'Neill's Riverview, presented and read. Council Member Pratt moved that the petition be referred to the City Manager. 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. REFUNDS REQUESTED: Darlene E. Sexton, $422.50 on unexpired Cigarette License; Sonny Benton, $25.00 on unexpired Cigarette License, presented and read. Council Member Pratt moved that ~he requests be granted and Finance Director to issue proper checks. 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. Communication of W.M. Gotz objec- ting to Council supporting Low In- come Housing, 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, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of DEQ submitting construction permit for sewage and water in Oak Brook Development, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the renewing vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Petition of United Labor Participa- tion Committee requesting to plan a parade on April 11 to generate support for workers of Richardson Motors on John F. Kennedy Road, presented and read. John Arenz, an attorney represen- ting Richardson Motors, requested that Speci~d Session, April 20, 1981 131 130 Regular Session, April 6,1981 the rally, designated to take place on Stoneman Road, be set for elsewhere, as it would affect the other various businesses dependent on that street. Council Member Pratt moved that the petition be approved, as amended. Seconded by Council Member Fsider- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Fsiderman, Pratt. Nays--None. Absent--Council Member Fsrrell. Alfred Poleean, 3515 Crescent Ridge, addressed the Council, objec- ting to the fact that it took 17 days for response to questions posed on 12-22-80; and posed questions: 11 costs of Asbury & Pennsylvania water main and who paid for it; 21 actual cost of Trenkle Building; 3) were taxes waived for Trenkle Building prior to pur- chase?; 4) explanation of the difference between the pickup of garbage at ins house or that service at a restaurant - why does he have to pay for sometinng he doesn't use7 There being no further business, Council Member Pratt moved to ad- joarn. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Feldsrman, Pratt. Nays--None. Absent--Council Member Farrell. Mary A. Davis City Clerk Approved______1981 Adopted __ 1981 Council Members ATTEST: City Clerk CITY COUNCIL OFFICIAL Special Session, April 20, 1981. Council Met at 7:30 P.M. IC.S.T.~ Present--Mayor King, Council Members Brady, F~ldernmn, 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 tins Meeting is called for the purpose to conduct a Public Hearing on the City of Dubuque 1981 Asphalt Paving Project and acting upon such other business winch may properly come before the Council. PROCLAMATIONS: April 30 as "Beta Sigma Pin Day"; May 2 as "Fuel Economy Day"; Week of May 1-7 as "Respect for Law Week" receiv- ed by Ted Swanek, President of Dubu- que Noon Optimist Club; May 3 as "Sun Day in Dubuque" received by Bonnie Vastag, President of Dubuque League of Women Voters; April 19-25 as "Boy's Club Week" received by members Ray Grant and Carl Kloft. 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, Couned Mem- bets Bru~v, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. Proof of Publication, certified to by the Publisher, of Notice of Pendency on Resolution of Necessity for City of Dubuque 1981 Asphalt Paving Pro- ject, and Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to property owners for same, presented and read. No written objections were received and no oral objectors were present at the time set for the Hearing. Council Member Pratt moved that the proofs of publication be received and filed. Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None, Absent--Council Member Fsrrell. Certificate of City Clerk certifying Notices of Fubllc Hearing were sent to known property owners on March 31, 1981, presented and read. Council Member Pratt moved that the certificate 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. Abeent--Councll Member Farreli. {Necessity for Improvement) RESOLUTION NO. 97.81 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- lng 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 Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof winch is estimated to be assessed against each lot, for the City of Dubuque 1981 Asphalt Paving Project: 1. North Algona Street- Resurfac- lng from Dexter Street to a point 350 feet north therefrom. 2. Dodge Street- Crack filling bet- ween Bluff Street and Grandview 3. Fengler Street Overpass- Deck restoration and painting. 4. Flora Park- Resurincing volley- ball and ice rink urea. 5. Hawthorne Boat Ramp-Con- crete repair. 6. Kerper Boulevard-Asphalt sur- face recycling from a point 380 feet north of the centerline of East Six- teenth Street to Hawthorne Street. 7. West Locust Street - Reearfacing from Sixteenth 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 Read to s point 1335 feet east therefrom. 10. East Thirteenth Street- Reear- facing between Jackson Street and Wasinngton Street. BE IT THEREFORE RESOLVED that the City Council on its own mc- fion or upon petition of property 132 Special Session, Apd120,1981 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 shall 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 ~ be assessed upon and against all privately owned pro. party 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 Read Use Tax Fund. Street bonds shell be issued and sold in anticipation of deferred payments of assessments when a contract bee been performed and accepted and the pro- ceeds thereof used to pay the contrac- tor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway com- pany. The above resolution was introduc- ed, approved and ordered placed on file v~th the City Clerk this 23rd day of March, 1981. Record of Final Adoption The foregoing resolution was finally passed and adopted as proposed by the City Council, this 20th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Certificate of Clerk It is hereby certified that at the time set for the final consideration of the above resolution no remonstrance bed been filed with the Clerk signed by owners subject to seventy-five percent or more of the amount of the proposed Mary A. Davis City Clerk Council Member Pratt moved edop- tion of the Resolution. Seconded by Council Member Brady. Carried by the vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Decision of Council upon objections to plans, specifications, form of contract end cost of improvements RESOLUTION NO. 9~81 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1981 Asphalt Paving Project: 1. North Algena Street- Resurfac- lng from Dexter Street to a point 350 feet north therefrom. 2. Dodge Street- Crack filling bet- ween Bluff Street and Grandview Avenue. 3. Fengler Street Overpass- Deck restoration and painting. 4. Flora Park- Resurfacing volley- ball and ice rink area. 5. Ha~tharne Boat Ramp-Con- crete repair. 6. Kerper Boulevard-Asphalt sur- face recycling from a point 380 feet north of the centerline of East Six- teenth Street to Hawthorne Street. 7. West Locust Street - Reeurlacing from Sixteenth Street to Lorus Boulevard. 8. Purina Drive- Asphalt paving from Kerper Boulevard to the east end of the street. 9. Spring Valley Road - Resurfac'.mg from John F. Kennedy Read to a pemt 1335 feet east therefrom. 10. East Thirteenth Street - Resur- facing between Jackson Street and Washington Street. have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1979, pertain- lng to public contracts and bonds, and the time and place fixed for the hear- lng of all objections to said plans, specifications or contract for or cost of such improvements, said time being ' of April, 1981; and WHEREAS, the City Council met in this 20th day of April, 1981, at 7:30 o'clock p.m. at the Court- cil Chambers la the City Hall for the purpose of hearing all interested pa~ nd considering any and all objec- tions which have been filed to the pro- ,lane, speciffeatione or contract for or cost of tbe improvement herein described and proposed to be made; and Special Session, April 20, 1981 WHEREAS, ail interested parties have been given an opportunity to be heard and an objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, that ail objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objec- tions which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement, Passed, adopted and approved this 20th day of April, 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 following vote: Yeas--Mayor King, Council Mem- bars Brady, Faiderman, Pratt. Nays--None. Absent--Council Member Farrell. (Ordering Construction} RESOLUTION NO..99-81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of neeesslty No.' 70-81 which was duly passed by this Council, for the City of Dubuque 1981 Asphalt Paving Pro- ject: 1. North Algeria Street- Resurfac- lng from Dexter Street to a point 350 feet north therefrom. 2. Dodge Street- Crack filling bet- ween Bluff Street and Grandview Avenue. 8. Fengier Street Overpass- Deck restoration and painting. 4. Flora Park- Resurfacing volley- ball and ice rink area. 5. Hawthorne Boat Ramp-Can- crete repair. 9. Kerper Boulevard- Asphalt sur- face recycling from a peint 380 feet north of the centerllne of East Six- 133 teenth Street to Hawthorne Street. 7. West Locust Street - Resurfucing from Sixteenth 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 1335 feet east therefrom. 10. East Thirteenth Street- Resur- facing between Jackson Street and Washington Street. be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the mtifion of property owners. All the work shsil be constructed in accor- dance with the plans and speeifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the ira- provements, whether such property abut upon the same or ere adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Road Use Tax Fund. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued hi an- ticlpation of deferred payments of assessments as provided by law after the work has been completed and ac- cepted by the City Council. BE IT FURTHER RESOLVED that the City Clark be and she is hereby ordered and directed to adver- rise for proposals for the construction of the various improvements herein ~rovlded for in the manner provided by law, the said improvements shall be completed on or before sixty 180~ days after Notice to Proceed has been issued, BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed. adopted and approved this 20th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk 134 Special Session, April 20,1981 Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Faldermsn, Pratt. Nays--None. Absent--Council Member Farrell. Communication of Planning and Zoning approving final plat of "Powers Irish Plateau" located north ~of the firehouse on J.F.K. Road and south of A & W Drive-In, 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--Mayer King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. RESOLUTION NO. 100-81 Resolution approving plat of tho sub. division of "Powers Irish Plateau" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the sub- division of "Powers Irish Plateau" in the City of Dubuque, Iowa; and WHEREAS, said plat has been exa- mined by the City Planning and Zen- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that Out Lot A does not front on a public street; and WHEREAS, said plat has been ap- proved by the City Planning and Zen- lng Commission on the condition that Out Lot A will only be developed in conjunction with an adjacent lot winch does front on a public street; and WHEREAS, said plat has been na- 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 in 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 directed to dorse the approval of the City of Dubu- quo upon said pla~ provided that the owner of said property shall execute a written acceptance hereto attachea~ acknowledging and agreeing: ~ Out Lot A will only be developed in conjunction with an adjacent lot which has frontage on a publle stree~ Section 2. That in the event the owner fails to execute the Acceptance provided for in Section i 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 Passed, adopted and approved tins 20th day of April, 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- bors Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreli. Acceptance of RESOLUTION NO. 100-81 We, the undersigned Philip A. Powere and Martha F. Powers having read the terms and conditions of the foregoing Resolution No. 100-81 and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa tins 21st of April, 1981. Pinlip A. Powers Martha F. Powers Communication of P & Z approving request to rezone a part of Lot 2 and Lot 3 of "Powers Irish Plateau" from R-5 and R-2 Residential District to C-2 Commercial District, presented and read. Council Member Feldarman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bors Brady, Feldarman, Pratt. Nays--Nona. A~osent--Council Member Farrell. An Ordinance of the City of Dubu- quo, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be Special Session, April 20, 1981 135 amended by revising Appendix A thereof, also known as the "Zoning Or- dlnance and Zoning Map of the City of Dubuque, Iowa" by reclassifying Lot 2 and Lot 3 of "Powers Irish Plateau" in the City of Dubuque, Iowa, from R-5 Multi-Family Residential District and R-2 Single Family Residential District Classification to C-2 Local Service Commercial District Classification, presented and read. Council Member Felderman moved that the reading just had be con- sidered the fa'st reading of the Or- dinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Felderman, Pratt. Nays--None. Absent--Couned Member Farrell. Council Member Felderman moved that the rule requiring an Ordinance to be received and fried 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, Felderman, Pratt. Nays--Nons. Absent--Couanil Member Farreli. Council Member Felderman moved that a Public Hearing be held on the Ordinance on May 18, 1981 at 7:30 p.m. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the Hear- ing in the manner required by law. Seconded by Council Member Pratt. Carried by tho following vote: Yeas--Mayor King, Council Mem- bers Brady, Feldarman, Pratt. Nays--None. Absout--Council Member Farrell. Communication of P & Z approving amendment to Zoning Ordinance to allow animal hospitals and clinics as conditional use in C-2 Commercial District and as a permitted use in C-3 and C-4 Commercial Districts, presented and read. Council Member Pratt moved that Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Fcidarman. Pratt. Nays--None. Abeout--Council Member Furrell. An Ordinance of the City of Dubu- que, Iowa, providing that the Code of Ordinance of the City of Dubuque, Iowa, be amended by revising Appen- dix A thereof, also known as the "Zon- ing Ordinance and Zoning Map of the City of Dubuque, Iowa" by enacting new Sections 4-113.4, 2); 4-114.2, 17); 4-115.2, 7), of Article IV thereof, to in- elude Animal Hospitals and Animal Clinics as cOnditional uses in C-2 Local Service Commercial Districts and as permitted uses in C-3 Arterial Business Connnercini Districts and C-4 General Commercial Districts, 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 Feldermsn. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreli. 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- risd by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreli. Council Member Pratt moved that a Public Hearing be held on Ordinance on May 18, 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 Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Fcidarman, Pratt. Nays--None. Absent--Council Member Farreli. Communication of P & Z approving Amendment to Zoning Ordinance to provide for more flexibility in building location and arrangement within the Final Development Plan of Planned Unit Development Districts. presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Falder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Fciderman, Pratt. Nays--None. Absent--Council Member FarrelL An Ordinance of the City of Dubu- ~rdinancoUe, Iowa, providing that the Code of s, City of Dubuque. Iowa. be 136 Amended by Revising Appendix A thereof, also known as the "Zoning Or- dlnance and Zoning Map of the City of Dubuque, Iowa" by repealing Section 4-110.12,4.2 of Article IV and enacting a new Section 4-110.12.4.2 of Article IV in lieu thereof, to provide for more flexibility in building location and ar- rangemeot within the final develop- ment plan of Planned Unit Develop- ment Districts, 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, Felderman, Pratt. Nays--None. Absent--Council Member Farren. 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 renewing vote: Yeas--Mayor King, Council Mem- bers Brady, Fe]derman, Pratt. Nays--None. Absent--Council Member Farreil. Council Member Pratt moved that a Pubilc Hearing be held on the Or- dlnance on May 18, 1981 at 7:30 p.m. in the Council Chambers at the City Hen and that the City Clerk be in- structed to publish notice of the Hear~ ing in the manner required by law. Seconded by Council Member Folder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Falderman, Pratt. Nays--None. Absent--Council Member Farreli. Communication of P & Z approving rezonlng request of Phillip Konrardy to reclassify property at 1402 White Street from OR-1 Office Residential District to C-4 Commercial District presented and read. Council Member Folderman moved that the communication be received and filed. Seconded by Council Member Pratt. ~erried by t~e foilow- ing vote: Yeas-rMayor King, Council Mem- bors Brady, Feld~man, Pratt. Nays--None. Absent--Council Member Farreil. An Ordimmce of the City of Dubu- que, Iowa, providing that the Code of Ordinaucee City of Dubuque, Iowa, be Amended by revising Appendix A Special Session, April 20, 1981 thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying the South 62.4 feet of South 2/5 of City Lot 483 in the City of Dubuque, Iowa, at 1402 White Street from OR-1 Office Residential District Classification to C-4 General Commercial District Classification, 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 Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Council Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the fonowing vote: Yeas--Mayor King, Council Mem- bers Brady, Falderman, Pratt. Nays--None. Absent--Council Member FerrelL Council Member Falderman moved that a Public Hearing be held on the Ordinance on May 18, 1981 at 7:30 p.m. in the Council Chamber at the City Hail and that the City Clerk be in- structed to publish notice of the Hear- ing in the manner required by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Falderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of City Manager recommending transmission of an Operating Assistance Application to the Iowa D.O.T. in amount of $67,920 and setting a Public Hearing for such application, presented and read. Council Member Pratt moved that the communication be received and fi[ed. Seconded by Council Member Folder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Folderman, Pratt. Nays--None. Absent--Council Member Far~oll. RESOLUTION NO. 101-81 Authorizing Resolution We~ hereby authorize the City of Dubuque on April 1, 1981 to apply for $67,920 to be used for operating assistance under the state transit assistance program and enter into eon- Special Session, April 20, 1981 137 tract with the Iowa Department of Transpoitatlan. City Council of the City of Dubuque BY: D. Michael King Mayor 13th & Central Avenue Dubuque, Iowa 52001 319-589-4100 Council Member Pratt moved adop- tion of the Resolution, setting the Public Hearing for June 1, 1981. Seconded by Council Member Folder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Abseot--Councfl Member Farreil. Petition of Homart Development Company requesting a 12 month ex- tension of tbe/r Redeveloper Designa- tion Agreement to get the project on firm footing, presented and read. Mr. Wm. Denton of the Homart Company addressed the Council relative to the petition, specifying that due to various factors such as the uncertainty of Highway 561 etc., they respectfully request the Council ap- prove a one year extension. Council Member Felderman moved that the petition be approved. Second- ed by Council Member Pratt. Carried by the foilowing vote: Yeas--Mayor King, Council Members Brady, Falderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of City Manager submitting Resolution author/zing a 12 month extension with Homart Development Company. Council Member Falderman 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, Falderman, Pratt. Nays--None. Absent--Council Member Farreil. RESOLUTION NO. 102-81 A Resolution extending the developer designation agreement with the Homart Development Company for the Dubuque Downtown Urban Renewal Project, Iowa R-15 WHEREAS, pursuant to Resolu- tions No. 33-80 and 92-80, the City Council of the City of Dubuque. Iowa solicited proposals for designation of a developer for certain land in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the solicitation of pro- posals resulted in the award of a Developer Designation Agreement for such Urban Renewal Project to the Homart Development Company, pur- suant to Resolution No. 131-80; and WHEREAS, such Developer Designation Agreement, having been duly advertised and entered into in the manner prescribed by law, has provid- ed for the extension of the period of such Agreement by mutual agreement of the parties; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that the Homart Development Com- pany has satisfactorily fulfilled its obligation under such Developer Designation Agreement, and that the objectives of the Urban Renewal Plan will be served in an extension of said Agreement; and WHEREAS. the Homart Develop- merit Company, under date of March 26, 1981, has requested a one year ex- tension of said Developer Designation Agreement; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Developer Designation Agreement with Homart Development Company adopted according to Resolution 131~0, is hereby extended and shall re. main in effect until April20, 1982. Passed, approved and adopted this 20th day of April, 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, Falderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of City Manager submitting list of deliqueot refuse col- lectinn accounts and Resolution anther/zing City Clerk to certify said accounts to the County Auditor for collection in same manner as property taxes, presented and read. 138 Council Member Feldarman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Felderman, Pratt. Nays--None. Abeent--Cnancll Member Farreil. RESOLUTION NO. 103-81 Resolution authorizing the City Manager to collect delinquent refuse collection accounts in accordance with Section 17-37 (d) of the Code of Or- dlnances of the City of Dubuque, Iowa WHEREAS, City garbage and refuse collection from residential premises as defined in the Cede of O~ dinances of the City of Dubuque, Iowa is mandatory; and WHEREAS, at least annually the City Manager is required to prepare a llst of persons failing to pay the men- tidy charge required; and WHEREAS, said delinquent refuse collection charges shall be certified by the City Clerk to the County Auditor and same shall then be collected with, and in the same manner, as general property taxes, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following named persons owning the following deserib- ed property are delinquent in the refuse collection charges in the amount respectively set out hereinafter and that said refuse collection charges are now due and unpaid and are delin- queat: Gary Maas--1695 Old Mill Road; Lot 1.1-2.1.1-2-1-4 Min Lot 501; 2-1.1.1.1.2-1-4 Mtn Lot 501; 2.1-2.1.2-1-4 Min Lot 501; 2 Papke Place; $26.25. Jerry James--1875 Old Mill Road; Lot 2-1~-lT.l&19 & 20 Roekdala; $~Z 50. Ray Omnt--1223 Miller Road; 1 Volk Place; $45.00. Barbara Jean & David M. Hummel-- 1-2-1.2-4 Min Lot 501 2-3 Min Lot 501; $84.00. Raymond A. Millar--817 Wilson; Lot 2 Keoghs Sub; $50./~0. James F. Ostort--125 NiGGler' 1-85 & 85A Linehan Park,. $52.50. Kenneth Haugen--~50 Inwood; 505 & 506 N. Dubuque; $30.00. Paul Bodish--2554 Pinard Street. 41 Special Session, April 20,1981 Bellevue Ad~; 42 Bellevue Ad~; $98.25. Robert M. Gnasemer--918 Liberty; 2.2.1-1.1.1-16 Clarke Sub; $22.50. Duane A. Schueiler--2573 Rockdale Road; 2.1.2 Min Lot 483; 2-2-1.1.1.1-2 Min Lot 483; Gory Bernhard--1100 Roosevelt Ext.; Wersinger Sub; $64.5tl Mary Henry Corell--1460 Miller Road; 1.1.1.2-1-1-1-1-1-1-1 Min Lot 499; Nicholas Merfeld--595 Cedar Cross Road; 1.1.1-1.2-3 Min Lot 219; 1.2-1.2-1-1-2 Min Lot 220; $84.00. Section 2. That the City Clerk be and she is hereby ordered and'directed to oertify to the County Auditor of Dubu- qua County, loiva that the persons hereinabove named are delinquent in the payment of garbage and refuse col- lection charges in the amount set aside of the respective names and that said delinquent garbage and oollection charges shall be collected in the same manner as general property taxes against the respective parcale of pro- perry set opposite the names of the respective property owners. Section 3. That the delinquent gaf bags and refuse collection charges be and the same shall be collected with and in the same manner as geneml prc- perty taxes as is by law provided. Passed, adopted and approved this 20th day of April, 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-rNone. Absent--Council Member Farrell. Communication of City Manager concurring with petition submitted by Larry Hamel et al and recommending parking be restricted between hours of 7:00 a.m. and 9:00 a.m. on school days for portions of streets near Wahlert Higl~ School, presented and read. Council Member Pratt moved that the communication be received and ~ed and approved. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Felderman. Pratt. Nays--None. Special Session, April 20,1981 Absent--Council Member Farrell. Communication of City Manager recommending denial of petition of A1 Picker et ux to vacate and purchase an unused City street located next to 465 N. Burden Street, presented and read. Council Member Pratt moved that the communication be received and file~ and denial approved. 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. Communication of City Manager recommending to deny petition of Paul H. Demkier for the City to purchase property described as an alley between north end of Burlington and Muscatine Streets and approving that portion of petition to raise the water stop box located therein, presented and read. Council Member Feldermna moved that this communication etc. be tabled to a later date. Seconded by Council Member Pratt. Carried by the follow- hig vote:' Yeas--Mayor King, Council Mem- bets Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. Communication of Airport Commie- sion requesting Council concur with approval of the Airport Master Plan and Off-Airport Land Use Plan and forward approval to County Board of Supervisors, presented and read. Mel Graves and Stacey Murdock spoke to the communication. Council Member Felderman moved to adopt the Off-Airport Land Use Plan and the changes in this docu- merit, including approved recommen- dations of two Zoning Boards relative to Swiss Valley area, and no objections to any recommendations of any other Zoning Boards that is more reetric- tive. 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 P & Z approving final plat of Subd. of Lot 1 "Stone Hill Community Subdivision No. 1" located north of Davis Street and east of Xavier Hospital, presented and read. Council Member Pratt moved that the communication be received and filed. 139 Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farrefi. RESOLUTION NO. 104-81 A Resolution approving the plat of the Subdivision of Lot I in "Stone Hill Community Subdivision No. 1" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub~ division of Lot I in "Stone Hill Com- muhity Subdivision No. 1" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ax- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ax. 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 Lot i in "Stone Hill Com- munity Subdivision No. 1" in the City of Dubuque, Iowa be and the same is hereby ~pproved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 20th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adap- tion of t'be Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Feldarman, Pratt. Nays--None. Absent--Council Member Farreli. Council Member Feldarman moved that discuss/on concerning Operation: New View be tabled until a later date. Seconded by Council Member Pratt. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--Nona. 140 Special Session, April 20,1981 Absent--Council Member Fsrrell. BOARDS AND COMMISSIONS: Council Member Pratt moved that Thomas Geisler and Charles Evanoff be appointed to the Mechanical Board for three year terms expiring March 16, 1984. Seconded by Council Member Brady. Carried by the renew- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None, Absent--Council Member Farreil. RESOLUTION NO. 105-81 BE IT RES(JLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Paul G. Hansen, Anne E. Hansen, John M. Weinke & Mary L. Weinke 1630 E. 16th Street Passed, adopted and approved this 20th day of April, 1981. D..Micbeel 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 following vote: Yeas--Council Members Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. Abstain--Mayor King. RESOLUTION NO. 106-81 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 cc- 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 ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Dwaine D. Bowman 841 Central (Also Sunday Sales) St. Patricks Parish Corp. 1425 Iowa (Also Sunday Sales) CLASS "C" BEER PERMIT Leonard Oil Co. 1387 Dodge (Also Sunday Sales) Wareco System of Iowa 700 Rbemberg (Also Sunday Sales) Passed, adopted and approved this 20th day of April, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by CounciI Member Brady. Carried by the following vote: Yeas--Mayer King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Application of Lores College re- questing transfer of Beer Permit from College Center - Lores College to 17th and Cox Street on April 25, 1981 for College Picnic, presented and read. Council Member Pratt moved that the request be approved. Seconded by Council Member Brady. Carried by the fo]lowing vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. RESOLUTION NO. 107-81 WHEREAS, Applications for Liquor Licenses have been submitted 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 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 ep- pUcants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Judith Ann Schiel 342 Main (Also Sunday Sales) Marco's Inc. 2022 Central Windsor Tap Co. 2401 Windsor The Redstoae Inc. 504 Bluff (Sunday Sales Only! Special Session, April 20, 1981 141 Sandra L. Hauls 1027 Rhomberg Donna Ginter 1701 Asbury Passed, adopted and approved this 20th day of April, 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 following vote: Yeas--Mayor King, Council Mem- bets Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. MINUTES SUBMITTED: Airport Commission of 4-7, Library Board of 3-12, Five Flags of 3-23, Park Board of 2-13 & 3-13, P&Z of 4-1, Plumbing Board of 3-31, Transit Board of 3-12, Transit Board Earnings Statement & Statistics, Recreation Commission of 3-9, Zoning Board of Ac~ustment of 1-15, Human Rights Commission of 2-19, 2-15, 12-18, 10-16, 9-17, 9-10, presented and ~read. Council Member Pratt moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bars Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. NOTICES OF CLAIMS: Mrs. Bar- nice Beresford, in undetermined amount for personal injuries; Dean & Holly Nauman, in undetermined amount for backed-up sewer damages, Hawkeye Heating, Air Conditioning & Sheet Metal, in amount of $85.00 for tire damages; Terence May, in amount of $50.52 for tire damages; Julia M. Peters, in amount of $293.40 for per- serial injuries; Mr. & Mrs. Thomas W. Schhieter, in amount of $105.13 for backed-up sewer damages, presented and read. Council Member Pratt moved that the claims be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Brady. Carried by the following vo~e: Yeas--Mayor King, Council Mem- bers Brady, Felderman. Pratt. Nays--None. Absent--Council Member Farrell. Communication of Corporation Counsel recommending denial of sewer back-up damages of James Revenig, presented and read. Council Member Pratt moved that the communication be received and filed and denial approved. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Falderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of HUD advising of receipt and acceptance of Community Development Block Grant Application for City of Dubuque, 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 Farrell. Petitions of Jack Jones Excavating requesting to excavate hi street at 430 Lowell Street; Robert Schulte re- questing to excavate at 655 Alpine Street; Dan Frelburger requesting to excavate at 215 Lowell Street, presented and read, Council Member Pratt moved that the petitions be approved. 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. REFUNDS REQUESTED: Richard Albert, $25.00 on unexpired Cigarette License, presented and read. Council Member Pratt moved that the request be approved and Finance Director issue proper check. 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 Dubuque Airport Commission submitting objection of intent to suspend serwce on or after ninety days by Mississippi Valley Airlines before the Civil Aeronautics Board, 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. 142 Special Session, April 20, 1981 Absent--Council Member Farreil. Communication of Assistant Direc- tor of Recreation inviting Council to Special Olympics Track and Field Meet scheduled for 4-25-81. 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. Proofs of publication, certified to by the Publisher, of List of Claims and Receipts for month of February, 1981; Advising that Revenue Sharing Act as adopted by City Budget is on file; Ad- vising of filing of Environmental Review Records for Community Development Project; Advising of En- vironmental Record filing for Com- iskey Park Lighting Project; Advising copy of Annual Performance Report for Community Development is on file presented and read. Council Member Pratt moved that the proofs of publication be received and filed. Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Communications of Iowa DEQ ad- vising of construction permits for: Sewage & Water for Radford In- dustrlal Center, Sewage for Eadfard Read Interceptor, Sewage & Water for Clarke Crest Estates Phase IV, presented and read. Council Member Pratt moved that the communications be received and ~ed, Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member FarrelL Petition of Agnes C. Jogerst et al (18 signers) requesting the installation of a street light on the corner of Brunswick & Link Streets, presented and read. Council Member Pratt moved that the petition be referred to the City Manager. Seconded by Council Member Brady. Carried by the renew. lng vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman. Pratt. Nays--None. Absent--Council Member FarrelL Communication of City Manager submitting monthly reports for month of March, 1981, presented and read. Council Member Pratt moved that the communication be received and flied. 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. There being no further business, Council Member Pratt moved to 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 Regular Session, May 4, 1981 CITY COUNCIL OFFICIAL Regular Session, May 4, 1981. Council Met at 7:30 P.M. (D.S.T) Present--Mayor King, Council Members Brady, Farrell, Felderman Pratt, City Manager W. Kenneth Gearhart, Assistant Soilcitor Wm. G. Blum. Absent--Corporation Counsel R. N. Russo. Mayor King read the call and stated that this is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may come before the Council. Invocation was given by Rev. David Swartz, First Baptist Church. Proclamations: May 10-16 as "Na- tional Historic Preservation Week" received by Tom Reilly; May 10-17 as "Nursing Home Week"; Month of May as "National High Blood Pressure Month" received by Kay Fahey of the V.N.A.; May 12th as "Foster Grandparent Day"; May 1%23 as "Insurance Women's Week"; September 7th as "Peace Day"; May 10-t6 as "Kiss Your Baby Week"; Months of May thru August as "Jobs for Students Months" received by Terry Van Dyke; May as "Older Americans Month" received by Genevieve Heathcote; May 17th as "Special Day of Prayer". Council Member Pratt moved to sus- pend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Pendency on Resolution of Necessity for reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th Street, presented and read. No written objections were received and no oral objectors were present at the time set for the Hearing. Council Member Pratt moved that the proof of pubilcation be received and filed. Seconded by Council Member Farreil. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Pratt. Nays--None. tNecessRy for Improvements) RESOLUTION NO. 90-81 143 WHEREAS, proposed plans, specificati0ns~ and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1. The plan of such improvement 2. An estimate of the cost of the im- provement for the reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th Street. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have on file with the City Clerk, objec- tions to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ail objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from General Obligation Bonds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of April, 1981. Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 4th day of May, 1981. D. Micimel King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Reoslutinn. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 108-81 WHEREAS, proposed plans and specifications and form of contract for the reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th Street have been approved by the City Council of the City of Dubuque and public notice given as provided by