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1980 May Council ProceedingsRegular Session. May 5. 1980 159 CITY COUNCIL OFFICIAL Regular Session, May 5. 1980. Council met at 7:30 P.M. Present. Mayor Farrefi, Council Members Brady, Feldermsn. King, Pratt. City Manager W. Kenneth Gear- hart, Mayor Farrel! read the call and stated that this is a REGULAR MEETING of the City Council to be held on May 5, 1980 at 7:30 o'clock P,M. in the Council Chamber at the City Hall for the purpose of acting upon such business as may pro- perly come before the Meeting, Invocation was given by Rev. Rick Thompson, Pastor of the Evangnlical Free Church. Proclamations proclaiming May 5 as "National Music Week." May 14 as "Freedom Day," Week of May 11th as "Small Business Week." May 6. 1980 as "Senior Volunteer Day," May 7 as "Fps- ter Grandparent Day," Weeks of May 12 and 19 as "Dubuque Visiting Nurse Awareness Weeks" and Week of May 11-17 as "Girls Club Week" were read and so proclaimed by Mayor Farrell. Proof of Publication. certified to by the Publisher. of Notice of Public Hear- ing on Resolution of Necessity on the 1980 Asphalt Paving Project No. ] - Blood Plant Road. Chancy Rd.. W. 8th St.. Hill St., Julien Dubuque Dr.. W. Locust St,. Murphy Park Road, W. Third St,, University Ave.. Valley St.. and Woodland Drive. presented and read. Council Member King moved that the proof of publication be received and ['fled. Seconded by Council Member Pratt. Carried by the following vote: '/eas-Mayor Farrell. Council Mem. hers Brady, Felderman. King, Pratt, Nays-None, Petition of Bernard B, O'Conner et al objecting to the proposed paving of Hill Street, presented and read. Council Member King moved that the petition be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. Petition of Mrs. Letha Duggan object- ing to the proposed assessmen[ against Lot 1 of 13 Randall's Sub. on Valley St., presented and read Council Member King moved that the petition be received and filed. Seconded by Council Mem0er Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Braay, Felderman. King, Pratt. Nays-None. City Engineering Department. Fran- cis Murray, Mike Koch spoke to the Council and presented various alter- nates regarding reconstruction projects and maintenance projects concerning the 1980 Street Program advising of dif- ferent curb cost comparisons and costs to streets by not charging for curb & ~u~- ter installation, Council Member Felderman moved to suspend the rules to let any one present address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. George Freund of i58 Hill St.. spoke to the Council on behalf of the residents of Hill St.. objecting to the assessments including charges for the re-doing of curbs and gutters; Objected to the un- reasonable high assessment. Thomas Hurm. Paul Peckosh Vir. ginia Eerbst, Larry Russell. Gene Buhr Charles Malone and Lawrence James objected to amounts of assessments on Hill Street and amount of traffic using the street. Michael McCarron. Jackie Kennicker and Ruth Frazier. residents on Valley St., objected to assessment amounts for reconstructing of Valley St. and the s~orm sewer problem: Also ~o use of heavy equipment using and being allow~ ed to use on Valley Street. Council Member King moved to ap- )rove the revised figures alternatives as dollar figure as submitted by City Staff. amount to approximately 49% reduction on assessments and not to charge for the installation of curb & gutters on Hill St. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 128.80 Resolution Amending Resolution No. 104-80, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That Resolution No. 104-80 being the Resolution of Necessity for the City of Dubuque 1980 Asphalt Paving Project No. 1. be and the same is hereby amended by deleting the following por- tions of the following s~ree~.s named therefrom: Blood Plant Road from Julien Dubu- que Drive to the Illinois Central Rail road Tracks, Chancy Road from the N.P.L. of Kauf- mann Avenue to the S.P.L. of Kane Street 160 Regular Session, May 5, 1980 Julien Dubuque Drive from the N.P.L. of Lot I of Lott's Subdivision (Old City Limits) to the Blood Plant Road. West Third Street from the W.P.L. of Bluff Street to the E.P.L. of Hill Street. Passed. adopted, and approved this 5th day of May, 1980. Carolyn Farrel] Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop~ tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Nsoesslty for Improvement) RESOLUTION NO. 104.80 WHEREAS, proposed plans, specifi- cations, form of contract, plat and sche- dule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits. 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 pro- posed improvement, stating the same for each different type of corn struction and kind of material to be 6. In each case the amount thereof which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1980 ASPHALT PAVING PROJECT NO, 1 I. West Eighth Street from the j W.P.L. of Bluff Street to the W.P.L. of the N. 100'-E. 33' of Lot 49 in Corrlell's Dubuque, 2, Hill Stree~ from the N.P,L. of Woo- ten Street to the S.P.L. of West Eighth Street. 3. West Locust Street from the N.P.L. of Loras Boulevard to the ~.P.L. of Hog- don Street. 4. Murphy Park Roadway -- Approxi- mately 850 feet of Roadway with adja- cent parking, 5. University Avenue from the E.P.L. of Loras Boulevard to the West End of Delhi Street. 6. Valley Street from the W.P.L. of Southern Avenue to the N.P.L. of Mount Loretta Street. 7. Woodland Drive from the N.P.L. of Key Way Drive to the N.P.L. of Dana Drive. BE IT THEREFORE RESOLVED ghat the City Council on its own motion or upon petition of property owners. deems it advisable and necessary for the publif welfare to make the herein men- tioned improvement, and unless proper- W owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- merits, they shall be deemed to have waived all objections thereto, Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been pre- pared therefpr by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of mak- in; said improvement will be assessed upon and against all privately owned property lying within assessable dis- tance provided by law and in an amoun~ not to exceed the amoun~ provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in propor- tion to the special benefits conferred thereby, and any deficiency shall be paid ou~ of the Road Use Tax Fund, Street Bonds shall be issued and s01d in antici- patton of deferred payments of assess- men~s when a contract has been per- formed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess~ ment district shall be assessed tc and paid by the railway company. The above resolution was introduced. approved and ordered placed on file with the City Clerk this 7th day of April. 1980. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended by the City Council this 5th day of May. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerh Council Member King moved final adoption of the Resolution as Amended Seconded by Council Member Pratt. Carried by the following vote: Regular Session, May 5, 1980 161 Yeas,Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Decision of Council Upon Objections to Plans, Speclficaflons, Form of Contract and Cost of Improvements) RESOLUTION NO. 129.80 WHEREAS, proposed plans and spe- cifications and form of contract for the City of Dubuque 1980 Asphalt Paving Project No. 1: 1. West Eighth Street from the W.P.L. of Bluff Street to the W.P,L. of the N. 100'-E. 35' of Lot 49 of Corriell's Dubuque, 2. Hill Street from the N.P.L. of Woo~ ten Street to the S.P.L. of West Eighth Street, 3, West Locust Street from the N.P.L. of Loras Boulevard to the E.P.L. of tie;- don Street. 4. Murphy Park Roadway - Approxi- mately 850 feet of Roadway with Adja- cent Parking, 5. University Avenue from the E.P.L. of Loras Boulevard to the West End of Delhi Street, 6. Valley Street from the W~P.L. of Southern Avenue to the N.P.L, of Mount Loretta Street, 7. Woodland Drive from the N.P.L. of Key Way Drive to the N.P.L. of Dana Drive, have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1979, pertaining to public contracts and bonds, attd the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 5th day of May, 1980; and WHEREAS, the City Council met in regular session this 3th day of May, 1980 at 7:30 o'clock P.M, at the Council Cham- bers in the City Hall for the purpose of hearing alt interested parties and con- sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That all objections which have been made and filed to the plans~ specifica- tions, contract for or cost of said im~ provement herein described and propos- ed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approv- ed are hereby adopted. BE IT FURTHER RESOLVED that t his resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed; adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution as Amended. Sec- ended by Council Member Pratt. Car ried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. (Ordering Construction) RESOLUTION NO. 130.80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of ne- cessity No. 104-80 which was duly pass- ed by this Council, for the City of Dubu- que 1980 Asphalt Paving Project No. 1: 1. West Eighth Street from the W.P.L. of Bluff Street to the W.P.L. of the N. 100'-E. 35' of Lot 49 in Corriell's Dubuque, 2. Hill Street from the N.P.L. of Woo~ ten Street to the S.P.L. of West Eighth Street, 3. West Locust Street from the N.P.L. of Loras Boulevard to the E.P.L. of Hog- don Street. 4. Murphy Park Roadway -- Approxi- mately 650 feet of Roadway with adja- cent parking, 5~ University Avenue from the E.P.L. of Loras Boulevard to the West End of Delhi Street, 6. Valley Street from the W.P.L. of Southern Avenue to the N.P.L. of Mount Loretta Street, 7. Woodland Drive from the N.P.L. of Key Way Drive to the N.P.L. of Dana Drive, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. 162 Regular Session, May 5. 1980 BE IT FURTHER RESOLVED that the cost and expense of the said improve- ment be paid for by levying special as- sessments against the privately owned property lying within/he assessable dis- tance from the improvements, whether such property abut upon the same or are 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 eon- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby order- ed and directed to advertise for propo- sale for the construction of the various improvements herein provided for in the manner provided by law. the said im- provements shall be completed on or before 90 days after "Notice to Proceed" has been issued. BE IT FURTHER RESOLVED that this resolution being deemed argent 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 5th day of May. 1980. Carolyn Farrell Mayor James E. Brady D, Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council 'Member King moved adop- tion of the Resolution as Amended. Sec- ended by Council Member Pratt. Car- tied by the following vote: Yeas-Mayor FarrelL Council Mem- bens Brady, Felderman. King. Pratt. Nays-None. Proof of Publication, certified to by the Publisher of Notice of Public Hear- mg on Resolution of Necessity for City of Dubuque 1980 Concrete Paving Projecl No. ~ - Walnut Street from N.P.L. of University Ave. to S.P,L. of Lotus Blvd. presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Fei- derman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem, bens Brady, Felderman. King, Pratt. Nays-None. Communication of Russell W. Nash as president of the llth Street Neighbor hood Assn. requesting the deletion of the proposed rebuilding of Walnut St. presented and read. Council Member King moved that the commumeation be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Fetderman. King, Pratt. Nays-None. Communication of C. Robert Just- mann submitting a rescue plan for the old red brick road on Walnut St.. from a historical character viewpoint, present- ed and read, Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farreil. Council Mem- bers Brady, Folderman. King, Pratt. Nays-None. Petition of Ronald J. Weiner et al (67 signersl requesting deletion of Walnut St. from the Street Program, presented and read. Council Member King moved that the petition be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Biays Bowerman. Russell Nash. Pat- rick Egan. Ronald Welsh, Charles Ryan, James R. MaL Robert Fisch. Rhonda Kronfeldt on behalf of Abby McDonald Dancer. William Daugherty, Marge In- man and Charlotte Lung and Helen Wether all addressed the Council sta- ting the 1980 Concrete Program should be deleted for various reasons, basically because of the amount of assessments being charged. Resolution No. 108-80 Necessity for Improvement for City of Dubuque 1980 Concrete Paving with integral curb pro- ject No. 1 - Walnut St. from University Ave. to Loras Blvd.. said Resolution hav- ing been previously approved at the Council Meeting of April 7.1980 was pre- sented for final adoption. Council Member King moved that the City of Dubuque 1980 Concrete Paving Project No. 1 -- Walnnt Street from N.P.L. of University Ave. to S.P.L. of Loras Blvd. be deleted, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None, Council recessed at 9:03 P.M. Reconvened In Regular Session at 9:11 P.M. · Corporation Counsel addressed the Council and advised them that the Pitts- Regular Session, May 5, 1980 163 burgh-Des Moines Steel Co.'s bid for the #561 Highway Bridge had been approv- ed by the Courts and construction was continuing on as scheduled. C~rporation Counsel Russo also re- quested of the Council that he be allowed to appeal to the Supreme Court and quested direction regarding annexation on the Budde Case (Barony Woods and Sherwood Park area). Council Member King moved that Corporation Counsel be directed to appeal the Budde Case re- garding annexation to the Supreme Court. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance add- ing General Service and Wholesale Com- mercial Districts prescribing rules and regulations, etc., providing for a C-7 Zon- ing District, presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Charlie Skemp and Alfred Polsean ob- jected to expansion due to additional traffic ruining the road. Atty. James O'Brien representing Ken Molt, was of the opinion that this was definite spot zoning; limiting sales unfair and Ordinance was incorrectly drafted, Wilson McCallister felt no one under- stood the Ordinance; Of opinion that C-7 be applied to area that is new - not existing structures. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Section 101.1.4.7 of Article I adding C-7 General Service and Wholesale Commercial Dis. trict to the list of Commercial Districts established by the Ordinance: and fur- ther, by enacting a new Section 4-122 of Article IV, creating the C-7 General Ser- vice and Wholesale Commercial Dis- trict, prescribing therein, a general statement of intent, principal permitted uses, accessory uses, conditional uses, prohibited uses, schedule of district reg- ulations, and district standards: and fur- ther, by repealing certain provisions of Section 5-104.4 of Schedule of off-street and loading space requirements adopted and enacting new provisions thereof re- garding parking space requirements for wholesale sales or storage facilities: and further by amending Section 5-105.2 Schedule of comprehensive sign regula- tions adopted, to provide regulations for signs in the C-? General Service and wholesale commercial district, said Ordi- nance having been previously presented and read at the Council Meeting of April 7, 1980, presented for final adoption. Council Member King moved final adoption of the Ordinance. Seconded by Council Member Pratt. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas:Council Member Pratt. Nays-Mayor Farrell, Council Mem- bers Brady, Felderman, King, MOTION FAILED. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance cre- ating and adding PI Planned Industrial District, prescribing a general state- ment of intent, permitted uses, off- street parking Ioadingrequirement etc., presented and read. Council Member Pratt moved tlmt the proof of publication be received and filed, Seconded by Council Member Pel- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. Dr. Mary Ellen Harris was of the opin- ion the Planning & Zoning Commission had not obtained open space area; Guide- line should be written in the Ordinance. Mrs. Sorenson felt the proposed Ordi- nance providing that both Heavy and Light Industrial would be able to enter PI Planned Industrial Zoning. ORDINANCE NO. 29.80 AN ORDINANCE OF THE CITY OF BU- BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO REPEAL SECTION 1.101.5.3 OF ARTI- CLE I AND ENACT A NEW SECTION 1-101.5.3 OF ARTICLE I ADDING "PI PLANNED INDUSTRIAL DISTRICT" TO THE LIST OF INDUSTRIAL DIS- TRICTS ESTABLISHED BY THE ORDI. NANCE: AND FURTHER, BY ENACT- lNG A NEW SECTION 4-121 OF ARTI- CLE IV, CREATING THE PI PLANNED INDUSTRIAL DISTRICT, PRESCRIB. lNG THEREIN, A GENERAL STATE- MENT OF INTENT, ESTABLISHMENT OF PI PLANNED INDUSTRIAL DIS~ TRICT, PRINCIPAL PERMITTED USES, ACCESSORY USES AND STRUCTURES, PROCEDURE, LOT AND BULK REGULATIONS~ AND DIS. 164 Regular Session. May 5. 1980 TRICT STANDARDS, AND FURTHER BY REPEALING CERTAIN PROVI. SIONS OF SECTION 5-104,4 OF ARTI- CLE V AND ENACTING NEW PROVI- SIONS THEREOF REGARDING OFF- STREET PARKING AND LOADING SPACE REQUIREMENTS FOR THE PI PLANNED INDUSTRIAL DISTRICT. said Ordinance having been previously presented and read at the Council Meet- ing of April 7, 1980, presented for final adopt:ion, (Official Publlnetlon) ORDINANCE NO. 29.80 AN ORDINANCE OF THE CITY OF DU. SUQUE. IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, iOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE 'ZONING ORDINANCE AND ZONING MAP OF THE CiTY OF DUBUQUE~ IOWA" TO REPEAL SECTION 1.101.5.3 OF ARTI. CLE ~ AND ENACT A NEW SECTION 1.101.5.3 OF ARTICLE I ADDING "PI PLANNED iNDUSTRIAL DISTRICT" TO THE LIST OF INDUSTRIAL DIS- TRICTS ESTABLISHED BY THE ORDI- NANCE: AND FURTHER, BY ENACT- iNG A NEW SECTION 4.121 OF ARTI- CLE IV, CREATING THE PI PLANNED INDUSTRIAL DISTRICT, PRESCRIB- ING THEREIN. A GENERAL STATE- MENT OF INTENT, ESTABLISHMENT OF PI PLANNED INDUSTRIAL DIS- TRICT, PRINCIPAL PERMITTED USES, ACCESSORY USES AND STRUCTURES, PROCEDURE, LOT AND BULK REGULATIONS, AND DIS- TRICT STANDARDS, ~.ND FURTHER BY REPEALING CERTAIN PROVI- SIONS OF SECTION 5-104.4 OF ARTI- CLE V AND ENACTING NEW PROVI- SIONS THEREOF REGARDING OFF- STREET PARKING AND LOADING SPACE REQUIREMENTS FOR THE PI PLANNED INDUSTRIAL DISTRICT. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section '1. That the Code o/Ordinanc- es of the City of Dubuque, Iowa, be amended by re vising Appendix A there- of also known as the "Zoning Ordinance xnd Zoning Map of the City of Dubuque, lawo~" by repealing Section 1-10Z5.3 of Article I and enactin§ a new Section 1.101.5.3 of Article I. to wit: "ARTICLE I ESTABLISHMENT OF DISTRICTS: PRO VISIONS FOR OFFICIAL ZONING MAP AND INTERPRETATION AND AMENDMENT THEREOP Section 1-10l Establishment of Dis- tricts 1,101.5.3 PI Planned Industrial Dis. Section 2. That the Code of Ordinanc- es of the City of Dubuque, Iowa be amended b y re vising Appendix A there- of also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by enacting a new Section ~-121 of Article IV. to wit: "ARTYCLE IV DISTRICT REGU- LA TIONS Section ~-121 PI Planned Industrial Dletrlel ~,-1.~1.1 General Statement of Intent The PI Planned lndustrial District is created to permit the establishment q£ industrlal parks and to provide for ~he orderly growth of industries o~ large tracts of land. This district pro- vides a protected area for the devel. opment of industry based on per- refinance as well as type. The PI Planned Industrial Dis trier is established with the recognition ~hat the economic well. being of the City and the metropolitan area re. quires the e~cpansion of iudustrial de- velapment. It is also recognized that the lack of land available and adopt- able for such development may re- quire consideration of locating new fndustrial development in areas ad- jacent to or highly visible from exist- ing and future residential neighbor- ~oods. Therefore, it is the purpose o! these regulations to provide the necessary standards for development and spe- cial procedures for plan approval which will maximize the potentials of indus trial development and at the same time reduce to a minimum the impact of that industrial develop- ment on surrounding non-industrial land uses or on the natural environ- ment. 4-121.2 Establishment of PI Plan- ned Industrial District ;. By Owner A Planned Industrial District may be established 9n a tract of land in single ownership or management control provided that the prelimin- ary development plan and the appli- cation for change of zoning are ap- proved by the City Council and a final development plan is approved by the Planning andZoning Commis- ston in compliance with require- ments o] this Sectio~ 2. By City A Planned Industrial District may be established by ordinance of the City of Dubuque Cit~ Council in the same manner that other mapped dis- tricts are established where the City Council de termines that any particu- lar tracts or areas should be develop- ed for industrial use. but because of Regular Session, May 5, 1980 165 potential conflicts with adjoining uses, existing or potential, a greater degree of control of the manner of de. velopment is necessary to protect the general welfare than is possible under the regulations of the other Industrial Districts. .4-1,~1.3 Principal Permitted Uses In the PI Planned Industrial Dis- trier, no building, structure or land shall be used, and no building or structure shall be built or altered to be used in whole or in part, except for the following purposes: 1. Any use listed as a Principal Permitted Use in the L1Light Indus- trial District, and HI Heavy Indus. trial District, except for residential uses le~ccluding a custodian or watch- man residing on the premises) and except that the specific ordinance au- thorizing the establishment of a par- ticular PI Planned Industrial Dis- trier may further limit the uses per- mitted. 4-121.4 Accessory Uses and Struc. tufas The following Accessory Uses shall be pevmited in the P1Planned Indus- trial District: L Any use clearly and eustomarily incident to the principal permitted use in conjunction with which it is maintained, except that the specific ordinance authorizing the establish- ment of a particular PI Planned In- dustrial District may further limit accessory uses permitted, h-I~I. 5 Procedure 1, By Owner InlUsted District 1) Application and Plan Submls, sion Application for establishment of a Planned Industrial District shall be filed in accordance with the applica- tion procedures for Planned Unit De. velopments as set forth in Section 4-110. Z The application shall be ac- companied by an aFplication fee and a preliminary development plan con- forming to the provisions of Section h-110,8. 2- Commission Hearing A public hearing shall be held by the Planning and Zoning Commission on the application in the same manner and with the same public notice pro- cedures as is required for Planned Unit Development designation. 3/ Commission Recommends. non The Planning Commission's recom- mendation shall be transmitted to the City Council with a statement of reasons in support of the recommen- dation. If the recommendation is one nf approva~ it shall be included in an ordinance authorizing the establish- ment of the Planned Industrial Dis- trict, The conditions or restrictions shall include but not be limited to: oJ Time limitations for submission of final development plans and com- mencement of construction as re- quired by this Section. b) Uses permitted in this district. ct Performance standards for the operation of the permitted uses. d] Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions authorizing the establishment of the district. 4/Council Action Upon receiving the recommendation of the Commission, the City Council shall act in the manner provided by law to approve or disapprove the re- questedzoningreclassificationofthe property. The affirmative vote of at least three-fourths of all the mem- bership of the Council shall be neces- sary to approve the Preliminary De- velopment Plan when the Core,his- sion has recommended disapproval thereof, or to remove any conditions, requirements, or limitations im- posed by the Commission in approv- ing the Preliminary Development Plan. 5) submission al Final Develop. ment Plan After passage of an ordinance au- thorizing the establishment of a Planned Industrial District by the City Council, the applicant shall sub- mit the final development plans to the Planning and Zoning Commis- sion within the period of time speci- JYed in the ordinomce, The plans shall include such information as is re quir- ed by the Planning and Zoning Com- mission for adequate consideration cf the plans. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable. 6l Recording of Final Plan and Restrictions After approval of the final develop- ment plan by the Planning and Zon- ing Commission, the plan shall be re- corded by the applicant as a Planned Industrial District, together with conditions and restrictions of the or. dinance authorizing the establish- ment of the district. 7l Development According to Final Plan a/ Construction of Improve. ments or Posting of Bond No buildings may be erected and no 166 Regular Session. May 5, 1980 uses may occupy any portion of distmc~ until the r~ ~uired related off-site improvements are construct- ed or a performance bond or escro~ posted covering the estimated cost of construction as determined by the Planning and Zoning Commission. [f the Planned Industrial District is to be developed in sections all im- provements necessary to the proper operation and functioning of the sec- tion. even though some may be lo- cated outside of the section, taus t be constructed and installed or a perfor. mance bond or escrow posted cover. my the estimated cost of the im- provementz, as detevrained by the Planning and Zoning Commission. b) Time Limitation If substantial construction or devel- opment of the district does not begin within the period of time specified in the conditions of the ordinance au. thorizing the establishment of the district, the City Council may, on its mot~on or on a recommendation of the Planning and Zoning Commis- sion, rezone the property or any por- tion thereof to the zoning district classification that prevailed prior to !he approval of the Planned Indus- lrial District classification. c~ Extension of Time Limitation The time limitation specified in the ordinance authorizing the establish- ment of the Planned Industrial Dis- ~rict for submission of final develop- ment plans and for completion of con- structwn may be extended by the City Council upon a showing of good d/Changes from Plan After recording of a final develop. rnent plan for a Planned Industrial District. changes nor inconsistent with the purpose or ~ntent of this sec- tion may be approved by the Plan. ning and Zoning Commission. Changes affecting the purpose of in- tent of this section shall require a new pe tition for a Planned lndustrial District, 5. City Initiated District The procedure to be followed in or- der to utilize land in a Planned Indus- trial District established by ordi- nance by the City Council upon ~s own initiative or by petition of the Planning and Zoning Commission shall be the same as provided for the owner initiated district in ~-191.5.1 above e~cepted: 11 There shall be no application fee required. fl The City Council shall not be re- quired to hold a public hearin§ on the preliminary development plan 31 A City Council resolution shall be substituted for the ordinance re- quired for approval of the prelimin- ary development plan. hi The City Council may repeal the re solution of approval of the prelim- inar~ development plan and pass its resolution disapproving same if sub- stantial development of the district does not begin within the period of time specified in ~he conditions of ~he resolution of approval. ~,-121.6 Lot and Bulk Regulations Lots. uses and structures shall con- form to the following regulations ex- cept as may be specifically provided in the ordinance or resolution estab- lishing a particular PI Planned In~ dustrial District: ]. Minimum Lot Area Each principal building together with its accessory buildings shall be located on a lot having an area of at least one-half ~.5~ acre. 5. Minimum Lot Width A minimum lot width of one-hundred li00) feet shall be provided for each lot. Y. Minimum Yards The following m~n~mum yards shall be provided and maintained: a. Front Yard A front yard of not less than thirty (30fleet. b. Side Yard A side yard at least equal to 10 percent of the lot width but not less than ten (10] or more than twenty- five (2bi feet shall be required. c. Rear Yard A rear yard of not less than(if- Ieen (15] feet. d. Exceptions 1l Front Yards adjoining an ar- terial street shall not be '~ess than sixty-five (65]feet. fl Where the district abuts or adjoins a .esidential or of(ice.rest. dential district across the street. there shall be a front yard of not less than sixty-five 165) feet, 3) Side yards and rear yards abutting or adjoining a residential or office-residential district shall be not less than one-hundred (100]feet. · ~. Maximum Lot Coverage Th~ total ground area occupied by any principal building, together with all accessory buildings shall not ex- ceed fifty (50] percent of the total area o] the lot. Where appropriately laeated open space of adequate size is provided and permanently protected else- where in the PI Planned Industrial District. the maximum lot coverage on an individual lot may be increased Regular Session, proportionately to a maximum of seventy-five (75) percent. 5. Maximum Building Height No building or structure shall be erected or structurually altered to exceed fifty (50)feet in height. 4-121.7 District Standards 1. Performanne Standards Uses which because of the nature of the operation area accompanied by an excess of vibration, smoke, nox- ious gases, odor, noise, glare, wastes, or fire hazard shall not be permitted. These residual features shall be con- sidered as "excessive" when they either exceed or deviate from the limitations set forth in the following performance standards: ~ Vibration No activity or operation shall at any time cause earth vibrations percep- tible beyond the limits of the imme- diate site on which the operation is located. b. Smoke, Particulate Matter and Gases No activity or operation shall be es- tablished which fails to meet the air quality regulations of the Iowa De~ pertinent of Environmental Quality pertaining to emission of smoke, par- ticulate matter, fugitive dust, gases and other air contaminants. c. Odor No activity or operation shall cause at any time the discharge of toxic, noxious or odorous matter beyond the limits of the immediate site where it is located in such concen- trations as to be detrimental to or en- danger the public health, welfare, comfort or safety. ~ Noise No activity or operation shall be car- ried on which involves noise in ex- cess of the normal traffic noise of the adjhcent street at the time of daily peak hour of traffic volume. This standard shall be measured at the property line. All noises shall be muffed so as not to be objectionable due to intermittance~ beat frequen- cy, or shrillness. e. Glare Glare, whether direct or reflected, such as from spot lights or high tem- perature processes, and as differen- tiated.from general illumination, shall not be visible beyond the limits of the immediate site from which it originates, ~. Wastes 1) Solid Wastes. All solid waste materials, debris, refuse or garbage shall be properly contained in a closed container designed for such May 5, 1980 167 puryose. No exterior incineration of trash or garbage is permissible. 2] Sewage and Liquid Wastes. A Il liquid wastes shall be discharged in full compliance with appropriate City, State and Federal regulations. g. Fire Hazard No activity or operation shall be es- tablished which fails to meet the City ~ fire code. 5, Operations Within Enclosed Buildings All operatlans and activities shall be conducted or maintained within com- pletely enclosed buildings except: a. Off-street parking and load- ing facilities; b. Signs: c. Employee recreational facili- ties; and d. Outdoor storage. 3. Outdoor Storage Outdoor storage shall be permitted only when related to a principal per- mitred use and provided that: a. No outdoor storage shall be permitted in any required yard. b. No outdoor storage of materi- als which could be blown into the air or strewn about by the wind shall be permitted. c. All outdoor storage areas shall be visually screened from adja- cent property and streets by an ap- propriate opaque screen up to a point eight ~8) feet in vertical height. d. Outdoor storage shall be meant to include all company owned and operated vehicles, with the ex- ception of passenger vehicles. 4. Lighting All exterior lighting shall be install- ed and operated so as not to cause glare or to shine into adjacent pro- perrins and streets. 5. Underground Utilities All on-site utility lines including power and telephone lines, but ex- cluding high tension lines, shall be lo- cated underground. All transformer, terminal and metering equipment shall be located underground or within buildings or shall be efJbc- tively screened from view from stree ts and adjoining properties. 6. Landscaping All uses shall provide and continual- l~ maintain landscaping areas in ac- cordance with the approved final de. velopment plan for the particular PI Planned ~ndustrial District. The following guide shall be used in preparing the landscape plan: a. The front yard area of each site including all street right-of-way to the curb line, shall be landscaped 168 Regular Session. May 5, 1980 with an effective combination of trees, ground cover and shrubbery. b. Side and rear yard areas not used for parking shall be landscaped utilizing ground cover and/or shrub and tree materials. c. All undeveloped areas shall be continuall~ mowed and kept free of unsightly plant growth, rubbish and de bris. d. Parking areas shall be land- scaped and/or fenced in such a man- ner as to interrupt or screen said areas from view from adjacent pro- perties and streets. Plant materials ~sad for this purpose shall consist of Iineal or grouped masses of shrubs Z Refuse Collection Areas a All outdoor refuse collection areas shall be visually screened from adjacent properties and streets by an appropriate opaque screen. 5. No refuse collection areas shall be permitted in any required yard area & Off-Street Parking a. Number Off.street parking spaces shall be provided In sufficient number for each use In conformance with Sec. tlon 5.104. b. Design All off-street parkin§ areas shall be surfaced with a hard. all-weather, durable, dust-free surfacing mate. rial and shall be properly drained and landscaped· c. Location :I) No off-street parking area shall be located in any re quirad front yard. 2l No off-stree t parking area shall be located closer than/iffy [50)feet to a residential or office-residential dis- trier. 31 No 9ff~street parking area shall be located closer than ten iI0~ feet to 9. Loading Facilities a. Number Loading spaces shall be provided in sufficient numbers for each use ~n con/or~nance with Section 5.104, b. Design All truck loadin§ spaces and maneu- vering areas shall be surfaced with a hard. all-weather~ durable, dust-free surfacing material and shall be pro- perly drained and screened. c. Location II Loading spaces shall not be lo- cated on a street frontage unless lo- cated withiwand completely en- closed by the building housing the ~l No loading space shall be Iocat~ ed within the required side or rear yards 31 All loading spaces shall be phy- sically separated from areas used for off-s tree t parking except for connect- mg driveways· ~ No maneuvering area shall be lo- cated within ten (10)feet of side or rear property line. 10. Sign Regulations No sign shall be erected, altered or maintained except in Oonformanee with the approved final de velopment plan far the particular P I Planned In- dustrial District." Section 3. That the Code of Ordinanc- es ~f the City of Dubuque, Iowa' be amended by revising Appendix A there- of also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by repealing Sectlan 5-10~.~ of Article V and enacting a new Section 5-104.~ of Article V. to wit: "ARTICLE VSUPPLEMENTARY DISTRICTREGULATIONS Section 5.104.~ Schedule of Off- Street Parking and Loading Space Requirements Adopted Re quired parking and loading spaces for uses within a C-1. C-2. C-& C-4, LL HI or PI District shall be as set ~brtk in Schedule 5-10~.~. thereby adopted by reference and declared to be a part of this ordinance.·. Section 4. That the foregoing amend- ments have heretofore been approved b~ the Planning and Zoning Commission of the City of Dubuque. Iowa, Passed. adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderman Michae~ W. Pratt Council Mem bets ATTEST: Mary A. Davis City Clerk Published officiall~ in the Telegraph fterald Newspaper this 9th day of May, 1980. Mary A. Davis City Clerk It 5/9 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bars Feldermam King. Pratt. Nays-Council Member Brady. Proof of Publication. certified to by the Publisher· of Notice of Public Hear- lng ~o amend the Zoning Ordinance with regard to properties in the Cen~er Sec- Regular Session, May 5, 1980 tar of the territory involuntarily an- nexed to the City, presented and read. Council Member King moved that the proof of publication be received and filed, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farce]l, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Plamfing & Zoning recommending that the zoning of the Center Sector be clarified by an adden- dum relative to the Nemmers Property, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by thc following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Daniel J. Reilly, E. Vickery, James D. Rooks, Mary Ellen Harris, requesting rejection of rezoning of the Cedar Cross Area to Planned In- dustrial District, presented and read. Council Member King moved that the communication be received and filed Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Attorney Hughes addressed the Council on behalf of Dr. Nemmers, ad- vising uses provided for can exist if many areas, requesting adoption on be- half of his client; Requested area be put in PI District, not Agricultural Jeff Hansel of Hansel Builders of Cedar Cross Rd. advised they had no problems with the Ordinance as pro- posed. · Attorney O'Brien was of opinion there m no reason to change from C-7 Zoning to LI Light Industrial. Richard Hansel advised the PUD Zon- ing Ordinance formally oriented to the City Building; Light Industrial Zoning requested; Requested to be made a mat- ter of Record; Re objects to AG Agricul- tural Zoning and requested to go on Record as favoring C-3 Zoning. David Leifker questioned if hearing was held on interim Ordinance; what is proper zoning; Patrons of area have ac- cepted County Zoning. · Charles Skerap advised he has LI Zow mg on 18 acres of land approved by County Zoning; Requested not to change to AG Agricultural Zoning. John Hain objected to Nemmers pro- petty being zoned Light Industrial. AN ORDINANCE providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revi~ing Appendix 169 A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" to amend the zoning map with regard to properties in the Center Sector of the territory involun- tarily annexed to the City of Dubuque, Iowa, said Ordinance having been previ- ously presented and read at the Council Meeting of April 7, 1980, presented for final adoption. Council Member King moved to table the Ordinance to meeting of May 19, 1980. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farre]l; Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of Publication, certified to by the Publisher, of Invitation for Develop- ment Proposals for the construction of a retail shopping complex, Downtown Ur- ball Renewal Comp]ex, presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hcar~ ing to consider authorization of the exe- cution of a Developers Designation Agreement between the City and Ho- mart Development Co. presented and read. No written objections were filed and no ora] objectors were present in the Council Chamber at the time set for the Hearing. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Fe]derman, King, Pratt. Nays-None. Communication of Community Devel- opment Director submitting Developer Designation Agreement with Homart Co. presented and read. Council Member King moved that the communication be received and Bled. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 131.80 Authorizing Execution of Redeveloper Designation Agreement with Homart Development Company. WHEREAS, pursuant to the Resolu- tion No. 92-80, dated March 25, 1980 and a Notice of Public Hearing published in 170 Regular Session. May 5. 1980 the Dubuque Telegraph-Herald. a news- paper of general circulation in the City of Dubuque, Iowa, on March 31.1980, City Council met on May 5, 1990. at 7:30 p.m. o'clock p.m., Central Time, in the City Council Chambers. City Hall, Dubuque, Iowa to consider the proposal to enter into a Redeveloper Designation Agree- meat with Homart Development Com- pany, for real estate identified as Blocks 12, 18 14 and 17 in Debuque Downtown Plaza of Dubuque, Iowa: and WHEREAS, pursuant to said resolu. tiou a copy of the Redeveloper's State- meat of Public Disclosure was placed on file in the Office of the City Clerk for pub- Ifc inspection: and WHEREAS. the City of Dubuque, Iowa. overruled any and ail objections, oral and written to the proposal to enter into a Redeveloper Designation Agree- meat with Homart Development Com- puny. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ssclion 1. That the Mayor and City Clerk be and they are hereby authorized and directed to enter into a Redeveloper Designation Agreement with Homart Development Company to secure their participation in the planning and imple- mentation of the redevelopment of Blocks 12. 18, 14 and 17 in Dubuque Downtown Plaza in the City of Dubuque, Iowa. Passed. adopted, and approved this 5th day of May. 1900. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Member., ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Proof of Publication. certified to by the Publisher. of Notice of Hearing on Resolution of necessity on construction of new roof and gutter system for City Hall, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Pratt moved that the 0roof of publication be received and Piled, Seconded by Council Member Fei- derman. Carried by ~he following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Necensity for Improvement) RESOLUTION NO. 97-80 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: ~1~ The plan of such improvement (2} An estimate of the cost of the im- provemen~ for the new roof and gutter system for City Hall. BE IT THEREFORE RESOLVED that the City Council on its own motion. deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- [y owners a! the time of the Bna] consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waiv- ed ali objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on Ble with the City Clerk. That the cost and expense of making said improve- ment shall be paid from General Fund land sales reserves. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of April. 1980. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 8th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L, Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vo~e: Yeas-Mayor Farreli. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 132.80 WHEREAS, proposed plans and spe- cifications and form of contrac~ for the new roof and gutter system for City Hall Regular Session, May 5, 1980 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1979, pertaining to public cbntracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 5th day of May, 1980; and WHEREAS, the City Council met in regular session this 5th day of May, 1980, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur~ pose of hearing all interested parties and considering any and all objections whirl have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said im- provement herein described and propos- ed to be made. be and the same hereby overruled and such plans, specifications and form of contract heretofore approv- ed are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W, Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Ordering Construction) RESOLUTION NO. 133-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE: 17] That pursuant to a Resolution of Ne- cessity No. 97-80 which was duly passed by this Council for the new roof and gut- ter system for city hall, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be construct- ed in accordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improve- ment be paid from General Fund land sales reserves. 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 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of Publication, certiBed to by the Publisher, of Notice to Contractors of receipt of proposals for construction of new roof and gutter system for City Hall, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor Farrell, Councl] Mem- bers Brady, Fe]derman, King, Pratt. Nays-None. Communication of City Manager re- cmnmending award of contract on new roof and gutter system for City Hall to Giese Roofing Co., presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder~ man. Carried by the following vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Awarding Contract) RESOLUTION NO. 134-80 WHEREAS, sealed proposals have been submitted by contractors for the 172 new roof and gutter system for City Hall pursuant to Resolution No. 98-80 and no- tice to bidders published in a newspaper published in said City on April 16. 1980; and WHEREAS said sealed proposals were opened and read on April 24, 1980. and it has been determined that the bid of Giese Roofing Company of Dubuque, Iowa in the amount of $§8.551 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifi- cations: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contract for the above men- tioned improvement be awarded to Giese Roofing Company and the Manag- er be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders, Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Joha L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of Publication, certified to by the Publisher. of Notice of Hearing on Resolution of necessity for construction of Eighteenth. Seventh, and Dell Street Steps, presented and read. No written objections were fried and no oral objectors were present in the 'Council Chambers at the time set for the Hearing. Council Member Felderman moved that the proof of publication be received ~nd filed. Seconded by Council Member Pratt. Carried by the follow~g vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt~ Nays-None. Regular Session. May 5. 1980 I(Necessity for Improvement) RESOLUTION NO. 100-80 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque. Iowa. and are now on file in the office of the City Clerk showing among other things the following: I1} The plan of such improvemem (2) An estimate of the cost of the ira- .provement for the construction of the 18th. Seventh & Dell Street Steps. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- ~y owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objectmns to the amount of the cost of the improve- ment. they shall be deemed to have waiv- ed all objections thereto. Said improvemen~ shall be construct- ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment shall be paid from Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th dayofApril. 1980. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Fe]derman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- hers Brady, Felderman. King, Pratt. Nays-None. (Ordering Construction) RESOLUTION NO. 135-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That pursuant to a Resolution of Ne- cessity No. 100-80 which was duly pass- ed by this Council for the construction of Regular Session, May 5, 1980 173 the Eighteenth, Seventh and Dell Street steps. Be and same is hereby ordered con- structed by this Council upon its own motion and with or without the petition of property owners. All work shall be constructed in ac- cordance with the plans and specfficat- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the coat and expense of said improve- ment be paid from the Community De- velopment Fund. BE IT FURTHER RESOLVED that this Resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City Coun- cil. Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E, Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bets Brady, Felderman, King, Pratt. Nays-None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 138.80 WHEREAS, proposed plans and spe- cifications and form of contract for the construction of the Eighteenth, Seventh and Dell Street steps have been approv- ed by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 384 of the Code of Iowa. 1979, pertaining to public con- tr{~cts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of May, 1980; and WHEREAS, the City Council met in regular session this 5th day of May, 1980, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the put- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans~ specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said im provement herein described and propos- ed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approv- ed are hereby adopted. BE IT FURTItER RESOLVED lhat this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to contractors of receipt of proposals for construction of the Eighteenth, Seventh and Dell Street steps, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bets Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager commending award of contract to Ed- wards Concrete Contractors for con- struction of Eighteenth St., Seventh and Dell Street steps, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt~ Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King~ Pratt, Nays~None. 174 Regular Session. May 5. 1980 (Awarding Contract) RESOLUTION NO. 137.80 WHEREAS, sealed proposals have been submitted by contractors for the construction of the Eighteenth. Seventh and Dell Street Steps - lSth Street Steps IProject No. 1); 7th Street Steps (Project No. 2): Dell Street Steps IPro- ject No. 3) pursuant to Resolution No. 101-30 and notice to bidders published in a newspaper published in said City on April 16. 1980: and WHEREAS~ said sealed proposals w~re opened and read on April 24, 1980. and it has been determined that the bid of Edwards Concrete Contractors. Inc. of Dubuque, Iowa in the amount of 336.538.20 was the lowest bid for the fur- nishing of all labor and materials and performing the work as provided for in the plans and specifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contract for the above men- tioned improvement be awarded to Ed- wards Concrete Contractors. Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED. that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- strutted to return the bid deposits of the unsuccessful bidders. Passed. adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bets Brady, Feldermam King, Pratt. Nays-None. ORDINANCE NO. 30.80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OFTHE CITY OF DUBUQUE, IOWA BY REPEALING THE DEFINITION OF CITY ATTOR. NEY AS SET OUT IN SECTION 1-2 of CHAPTER 1 OF THE CODE OF ORDI- NANCES AND ENACTING A NEW DEFINITION OF CORPORATION COUNSEL IN LIEU THEREOF, present- ed and read Council Member King moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt~ Nays-None. Council Member Kiny moved that the rule requiring an Ordinance to be re- ceived and filed at two me e tings prior to the me'ting when.final action is taken. be dispensed with. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor FarrelL Council Mem- bers Brady. Feldermar~ King, Pratt. Nays-None. ORDINANCE NO. 30.80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THE DEFINITION OF CITY ATTOR- NEY AS SET OUT IN SECTION 1.2 of CHAPTER 1 OF THE CODE OF ORDI- NANCES AND ENACTING A NEW DEFINITION OF CORPORATION COUNSEL IN LIEU THEREOF. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code o/Ordinanc- es of the City of Dubuque, Iowa be and the same is hereby amended by repeal- ing the definition of City A ttorney as set out in Section 1-2 of Chapter I thereof and enacting a new definition of Corpor- ation Counsel in lieu thereof to read as .follows: Sec. 1-2. Corporation Counsel, The word 'corporation counsel'shall mean the chief legal officer of the City. Passed. adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael PA Pratt Council Members A TTES T: Mary A. Davis City Clerk Published officiall~ in the Telegraph Herald Newspaper this 9th day of May, 1980. Mary A. Davis City Clerk It 5/9 Council Member King moved final adoption of the Ordinance. Seconded by Regular Session, May 5, 1.980 175 Council Member Felderman. Carried by the following yote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Frank Hardie Advertising Inc. requesting approval (by Ordinance) to erect a 12' x 25' outdoor advertising structure adjacent to property owned by the Dubuque Packing Co. and Rowley Interstate, presented and read. Council Member Felderman moved that the petition be referred to the City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of American Trust and Say- ings Bank requesting permission to pro- vide a series of 7 free concerts in the Dubuqueland area during June, July and August at Town Clock Plaza, Eagle Point Park, Murphy Park, Flora Park, presented and read. Council Member Pratt moved that the petition be approved subject to final ap- proval by the City Manager and the Park Board. Seconded by Council Mem- ber Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Chris Derks and Cara Cal- laghan requesting consideration for the issuance of ice-skating passes for next season at Five Flags suggesting a $15.00 fee, presented and read. Council Member Felderman moved that the petition be referred to the City Manager and Five Flags Commission. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Wilfred Steffen et al (105 signers) requesting street lights on Crescent Ridge, Starlight Drive and Crescent Court, presented and read. Council Member Pratt moved that the petition be referred to the City Manager and the Electrical Inspector. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager sub- mitting a resolution terminating the ad hoc hotel and motel tax committee, pre- sented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady. Felderman, King, Pratt. Nays-None. RESOLUTION NO. 138-80 Terminating the Ad Hoc Hotel and Motel Tax Committee. WHEREAS. under date of October 2, 1978, an ad hoc hotel and motel tax com- mittee was established to promote a fa- vorable consideration of the hotel and motel tax referendum by the residents of the City of Dubuque; and W HERE AS, the task for which this ad hoc committee was created has been suc- cessfully completed; NOW THEREFORE BE IT RESOL% ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the ad hoc hotel and motel tax committee established Pete- her 2,1978 be and the same is hereby ter~ mlnated. Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- commending sale of vacated property of Elbow Street to Clem Hayes at the ap- praisal price of $1000, presented and read. Council Member Felderman moved tbat the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrell, Council Mem~ bets Brady. Felderman, King, Pratt. Nays-None. RESOLUTION NO. 139.80 Resolution Approving Plat of Vacated Elbow Street from the North Property Line of Edith Street to the North Pm. perry Line of Lot 164 I~ Belmont Addi. tlon. WHEREAS, there has been present- ed to the City Council of the City of Du- buque, Iowa a plat dated March 18,1980, prepared by Barrels, LeMay, Haas, Fay and Osborn Engineering Company, coy- 176 Regular Session. May 5. 1980 ering vacated Elbow Street from the north property line of Edith Street to the north property line of Lot 164 in Bel- merit Addition in the Ctty of Dubuque, Iowa: and WHEREAS. said plat conforms to the laws and statutes pertaining thereto: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section t. That tho plat dated March 18. 1980 prepared by Bartol, LeMay, Haas. Fay and Osborn Engineering Company, covering the real estate here- in above described, be and the same is hereby approved, and that the Mayor and City Clerk he and they are hereby authorized and directed to execute said plat for and on behalf of the City of Du- buque. Iowa: Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Reso- lution in the office of the Recorder in and for Dubuque County, Iowa, Passed. adopted, and approved this 5th day of May, 1980, Carolyn Farrel! Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Fe]derman, King, Pratt. Nays-None. AN ORDINANCE approving race- lion of Elbow Street from the North Pro- perry Line of Edith Street to the North Property Line of Lot 164 in Belmont Ad- dition now platted as Lots 128 and 161A in the amount of $1000.00. plus publica~ lion and filing fees, presented and read. Council Member Felderman moved that the reading just had be considered Lhe first reading of the Ordinance, Sec- onded by Coneil Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vole: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Felderman moved that a public hearing be held on the Ordi~ aance on May 19, [980 at 7:30 o'clock p.m. (D.S.T.) in the Council Chamber at City Hall'and that the City Clerk be instruct~ ed to publish notice of the hearing in the manner required by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarfelL Council Mem- bors Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager re~ commending vacation of right-of-way re- served for access to Lot 1-2-1 of Lots 8 and 9 in Wilson's Dubuque to Mary J. Duster, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by tho following vote: Yeas-Mayor FarreB. Council Mem- bors Brady, Felderman, Pratt. Nays-None. Abstain-Council Member King. AN ORDINANCE vacating a right of way across Lots 1-3 and 2-3 of Duster Place and Lots 7 and 8 in Glen Curtis Subdivision and directing Clerk to pub- fish notice of intent to dispose of inter- est, presented and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Sec- ended by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell. Council Mem- bors Brady, Felderman. Pratt. Nays-None. Abstain~Council Member King. Council Member Felderman moved that the rule reqmrmg an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bors Brady, Felderman. Pratt. Nays-None. Abstain-Councfi Member King. Council Member Felderman moved that a public hearing be held on the Ordi- hence on May 19. 1980 at 7:30 p.m. (D.S.T.) in the Council Chamber at City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bors Brady, Felderman. Pratt. Nays-None. Abstain-Council Member King. Regular Session, May 5, 1980 177 Petition of the Colts Drum and Bugle in granted is expressly conditioned on Corps requesting permission to conduct permittees'agreement to: a circus at the Riverside Bowl parkin~ lot on July 4th and 5th, presented am read, Council Member King moved that the petition bn approved and fee waived. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 31.80 AN ORDINANCE AUTHORIZING LARRY R. AND DIANE R. HILL REVO. CABLE PERMIT AND AUTHORITIED TO CONSTRUCT CLASS C FIRE ES- CAPE AT 1497 CENTRAL AVE., pre- sented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that th, rule requiring an Ordinance to be receiv- ed and Bled at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrefi, Cooneil Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 31-80 AN ORDINANCE AUTHORIZING LARRY R. AND DIANE R. HILL REVO. CABLE PERMIT AND AUTHORITY TO CONSTRUCT CLASS C FIRE ESCAPE. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Larry R. and Diane R. Hill as owners of the premises known as 1697 Central Ave., Dubuque, Iowc, and legally described as N l/~ of N, 1/5 of City Lot 450 in the City of Dubuque, Iowa be and they are hereby granted the revocable permit and authority to con- struct and maintain a Class "C" Fire Es- cape under the terms and conditions set forth in this Ordinance, Be¢l]on 2. That such construction shall be done in accordance with plans here to fore submitted by pevmittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all ap- plicable state and federal laws and reg- ulations, and the Ordinances of the City of Dubuque. Section 3. That the permission here- a) Assume all and any liability for damages to persons or propert~ which may result frem the existence, location, installation, constructlanor maintenance of said Fire Escape; b) Pay on behalf of the City of Du. buque, all sums which the City of Du- buque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damag- es of any kind resulting from the lo- cation, installation, existence, con- struction or maintenance ofsaidFire Escape sustained by any person or persons, caused by accident or other- wise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, exis- tence, construction or maintenance of the Fire Escape and to pay re~- sonable attm~ley fees therefore: and ~) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and ex- pense for death and/or injuries to third persons or damages to proper- ty of third persons or damages to pr~- perry of third persons, for damage to any property of the City of Dubuque which may occur ~ a result of or in connection with the Iocatio~ i~ztalla- repair or the facility, work or im- provevlent permitted herein. Sznfiol~ 4. That the permission here- in granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their suc- abutting property, shall within ten tlOl days after receipt of written notice from the City Manager, so to do, at their own in the event of their failure so to do, the City of Dubuque shall be authorized to remove said Fire Escape at permittees' expense and dispose of the same, and the ~ermittee shall have no claim against the City or its agents for da~nages re~ suiting from the removal of said Fire Escape. Section 5. That permittees covenant and agree that the revocable peri, it herein granted does not constitute an approval of the design, erectio?~ Iota- hence (~f said facility a~d said perm. ittees such claim or defense against the City of Dubuque in the event of clain~ asserted for death, perso~ml i~uries and/or prop- 178 arty damage against the permittees aris- ing out of or in any way connected with the locatio~ installation, cons~ruc~o~ desig~ repmr and maintenance of th~ facility herein permitted. Sontion 8. This Ordinance shall be- come effective and the rights hereunder accrue to Larry R. Hill when this Ordi- nance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by ac- ceptance endorsed on this Ordinance. Ss~Uo~ ?. That the City Clerk be and he is authorized and directed to file at permittees ' expense a copy of this Ordi- nance in the office of the Recorder in and for Dubuque County, Iowa, Passed. adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members A TTE$ T: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 31.80 The undersigned having read and be* mg familiar with the tewns and condi. lions (l£ Ordinance No, 31-80 hereby, for as owners of the abutting property, ac- cept the same and agree to be bound by ~he conditions and agreements therein ~ontained to be performed by permit- Dated: ~-29-80 By: Larry R. Hill President or Vice-President By Diane R. Hill Secretary or other Officer Published offieiall~ in the Telegraph Herald Newspaper this 9th day of May. I980. Mary A. Davis City Clerk It 5/9 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bars Brady, Felderman, King, Pratt. Nays~None. Commmdcation of City Manager re- questing approval of capital project items in the amount of $8,075.000 and ~urther requestlng authorization to initi- ate formal proceedings leading to the sale of bonds, presented and read Council Member King moved that the Regular Session, May 5, 1980 communication be received and filed and that the City Manager be authorized to initiate formal proceedings. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager re~ questing Council direction of how to pro- ceed with the request from the Dubuque Medical Transport Co. for ambulance license was presented and read. Council Member Felderman moved that the communication be received and filed and tabled to the Council Meeting of May lgth. Seconded by Council Mem- ber Brady. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager questing adoption of a resolution author- izing execution of a contract with Kirk- Gross Co. for the purchase of miscellane- ous furniture for the library, 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 Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 140.80 Resolution Approving Award of Con. tract for Miscellaneous Furniture for the Carnegie. Stout Library. WHEREAS, informal bids were re- quested and sealed proposals were re- ceived on April 8.1980 for supplying cellaneous furniture for the Carnegm- Stout Library; and WHEREAS. said sealed bids were opened and read on April 8. 1980 and it was determined that Kirk-Gross Com- pany, Waterloo. Iowa in the amount of $36,245.42 was the lowest bid for the supplying of furniture as provided in the plans and specifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the contract for the supplying of furniture as identified as Base Bid 3B. 3E. 3G. 3I. and 3J of the plans and specifications be awarded to Kirk-Gross Company. Waterloo, Iowa. Bection 2. That the City Manager be and he is hereby directed to execute a con~rac~ on behalf of the City of Dubu- que for the complete performance of said work. Regular Session, May 5, 1980 179 Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L, Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop~ tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of HRW Associates request- lng additional time to submit a final de~ velopment plan for their property for six months or until December 3, 1980, and that the reclassification of the property remain as "C-6 Planned Com~nercial Dis- trlct" and that the developer be granted an opportunity to appear (forward from last meeting) presented and read. Council Member King moved that this petition be referred to the meeting of May 19. Seconded by Council Member Felderman. Carried by the followin vote: Yeas-Councii Members Felderman King, Pratt. Nays-Mayor Farrell, Council Membe~ Brady. Communication of City Manager sub- mitting resolution authorizing execu- tion of the Agreement with Urban Mass Transportation Administration to pro- vide a maximum payment of $363,998 for operation expenses of the transit system for period of July 1, 1979 thru June 30, 1980, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. RESOLUTION NO. 141-80 Authorizing Execution of the Agree- ment with the Urban Mass Tranuporta. tton Administration. WHEREAS, under the date of April 4, 1980, the Urban Mass Transportation Administration tendered an agreement to provide a maximum payment of $363,998 to the City of Dubuque to assist in meeting the operating expenses of the transit system for the period of July 1, 1979 through June 30, 1980. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section ~. That the Mayor of the City of Dubuque is hereby authorized and di- rected to execute the agreement with the Urban Mass Transportation Admin- istration for operating assistance for the period of July 1, 1979 to June 30, 1980. Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas~Mayor Farrel], Council Mem bars Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- questing filing approval of public official bond of Mary A. Davis, City Clerk, pre- sented and read. Council Member Fclderman moved that the communication be received and filed, and filing approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Dubuque Downtown Asso- ciation requesting permission to hold a carnival in the undeveloped area of Ur- ban Renewal on May 22 thru May 26, presented and read. Council Member Pratt moved that this petition be approved, subject to final approval by the City Manager. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell; Council Mere bars Brady, Felderman, King, Pratt. Nays-None. Communication of Housing Rehabili- tation Commission requesting confirma- tion of appointment of Ann Schroeder to represent Rahab. on the Community De- velopment Commission, presented and read. Council Member King moved that the communication be referred to the meet- ing of May 19. Seconded by Council Member Fe]dermam Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. 180 Regular Session. May 5. 1980 Communication of Richard Zimmer submitting his resignation from the Civil Service Commission, presented and read. Council Member King moved that the resignation be accepted, with regret. Seconded by Council Member Felder- man, Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Request for transfer of Liquor Li- cense from 951 Main St. to Town Clock Plaza on May 17. 1980, by David Wetter and Joseph McGinnis d/b a The Bistro. presented and road. Council Member Felderman moved that the request be approved. Seconded by Council Member Pratt. Carried by the fo]lowing vole: Yeas-Mayor FarreB, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 142.80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the following, having complied with the provisions of law relating to the sale of Cigarettes within the City of Du- buque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Kandis L. and Raymond L. Hagg- strom -- 3412 Pennsylvania Ave. Passed. adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W, Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 143.80 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause ~o be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Evening ,Optimist Club of Dubuque, Iowa (Also Sunday Sales) - McAleece Recreation Area. CLASS "C" BEER PERMIT Raymond L. and Kandis L. Hagg- strom ~Also Sunday Salesl - 3412 Penn- sylvania Ave. Beecher Company Inc. ,Also Sunday Sales) - 1691 Asbury Road. Beecher Company Inc, IAlso Sunday Sales) -- 2399 White St. Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrell Mayor James E. Braoy D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A Davis City Clerk Council Member Felderman moved adoption of the Resolution, Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 144-80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; ~nd WHEREAS. The premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to. be issued to the following named applicants a Liquor License, CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kathleen M. Walsh -- 2093 Washing- ton St, D. B. Q. Inc. (Also Sunday Sales) - 4th and Locust Streets. Thelma T Lehman -- 1401Elm Street. J & RC Inc. (Also Sunday Sales) -- 431 Rhomberg Ave. J. R. Bainbridge (Sunday Sales Only~ - 1375 Locust St. Mary Kathryn Ford - 1027 Rhom- berg Ave. Judith Ann Schiel (Also Sunday Sales) - 342 Main Street. Regular Session, May 5, 1980 :181 Passed, adopted, and approved this 5th day of May, 1980. Carolyn Farrel] Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A~ Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Peoples Natural Gas submitting their annual report for 1979, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. Communication of Peoples Natural Gas advising of a gas rate increase on bills issued after May 9, 1980 less than $1.00 a year, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Iowa Department of Environmental Quality advising of is- suance of a sanitary sewer extension permit to Clarke Crest Estates Phase V, presented and read. Council Member King moved that the communication be received and filed, with copies to the respective depart- ments. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bets Brady, Felderman, King, Pratt. Nays-None. Communication of Gary R. Grimme submitting a complaint involving huw get; job discrimination and blaming various City and County agencies by fail- ing in their obligations to the public, pre- sented and read. Council Member King moved that this communication be referred to the Human Rights Department. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Auditor of State of Iowa submitting Highway Safety pro- gram financial statement and supple- mental data (ASAP) from 10-1-78 to 9-30-79, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of League of Iowa Municipalities requesting input and re- commendations onthe subject of League Policy Development and statements of concern, input deadline is June 6, 1980, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem bets Brady, Felderman, King, Pratt. Nays-None. Notice from the Federal Communica- tions Commission in the matter of the Petition of KDUB-TV Inc. for special re- lief for continued network non-duplica- tioo protection against significantly viewed signal, presented and read. Council Member King moved that the notice be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Notice from the Federal Communica- tions Commission in the matter of the pe- tition of KDUB-TV Inc. for special relief submitting petition to stay PENDENTE LITE, presented and read. Council Member King moved that the notice be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Teleprompter Cable TV requesting permission to pre- sent information regarding their new Cable TV system, presented and read. Council Member King moved that the communication be received and filed, and that the proposal be referred to the City Manager and the Cable Commis- sion and Council to prepare for election. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Bethany Home sub- mitting their annual audit and Financial Statement in accordance with the Loan 182 Regular Session. May 5. 1980 Agreement with the City of Dubuque, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman King, Pratt, Nays-None. Communication of City Manager re- commending filing of document relative to Iowa Natural Resources Council Order No. 80-99 approving placement of Fill Materials or Harem Island. pre- sented and read. Council Member King moved that the communication be received and filed, Seconded by Council Member Pratl Carried by ~he following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. MINUTES SUBMITTED -- Housing Code Advisory and Appeals Board of 2-13. 4-9. Five Flags Commission of 4-9 and 4-16. Housing Commission of 4-15. Human Rights Commission of 3-12. Transit Trustee Authority of 4-4. Play- ground and Recreation Commission of 4-8. Park Board of 4-25, Airport Commis~ sion of 4-25, Planning and Zoning Com- mission of 4-16. Council Member King moved that the minutes be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Pelderman. King, Pratt. Nays-None. Proof of Publication. certified to by the Publisher. of proof of claims and dis- bursements for the month of March. 1980, presented and read, Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the followivg vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Corporation Couw scl recommending denial of car damage claim of Michael W. Burds. no negligence on the part of the City, presented and read, Council Member King moved that the communication be received and filed and recommendation of denial approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None Communication of Corporation Counsel recommending denial of person- al injury claim of Reinhardt R. Rusch. no negligence on the part of the City, pre- sented and read. Council Member King moved that the communication be received and filed and recommendation of denial approved, Seconded by Council Member Prat~ Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. Cc mmunication of Corporation Counsel recommending settlement of ~he personal injury claim of Margaret Lubbers in the amount of $52.00, pre- sented and read. Council Member King moved that the communication be received and filed, and approval of the claim be made. Sec- onded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrefi. Council Mem- bers Brady, Felderman. King, Pratt Nays-None. NOTICES OF CLAIMS -- Elaine Woodrum. in an undetermined amount. for personal injuries received asa result of stepping on a manhole cover at 1350 Nowata St. on 4-9-80: James C. Eller- man. in an undetermined amount, for personal injuries received in a fall through an open grote in the sidewalk at 1626 Central Ave. on April 14. 1980. Council Member King moved that the Notice of Claims be referred to the Cor- poration Counsel. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Proofs of publication, certified to by the Publisher. of Public Notice of Intent of Community Development Commis- sion co file a request for Block Grant Funds for Radford Road Land Purchase. Community Block Grant Agreement ap- plications for fifth and sixth years: all published 4-8-80, presented and read, Council Member King moved that the proofs of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Prell Nays-None. There being no further business. Council Member Felderman moved to adjourn. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. Mary A. Davis City Clerk Regular Session, May 5, 1980 Approved ...................... 1980 Adopted ..~ .................... 1980 183 Council Members ATTEST: City Clerk 184 Special Adjourned Session, May 19, 1980 CITY COUNCIL OFFICIAL Special Adjourned Session, May 'l 9, Comlcll met at 7:30 P.M. (C.D.T.) - Presenf · Mayor Ferrell, Council Members Brady, Felderman, King, Pratt, City Manager W. Kenneth Gear- hart. Mayor Farrell read the call and stated that service thereof had been duly made and this is an ADJOURNED SESSION OF THE REGULAR SESSION HELD ON MAY 5, 1.980 of the City Council call- ed for the purpose of continuing the Pub- lic Hearing to Amend the Zoning Map with regard to properties in the Center Sector and also acting npon such other business as may properly come before the Meeting. Invocation was given by Father Wil- liam Schwartz of St. Anthony's Parish. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to vacate and dispose of real estate described a~ Lots 128A and 16lA in Bel- mont Addition, presented and read. No written objections were filed. Council Member Brady moved to sus- pend thc rules. Seconded by Council Member Felderman, Carried by the fol- lowing vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Merlin Kruser addressed the Council advising he had no objection to the vaca- tion, but stating the next street north had never been opened: submitted oral input from a letter dated January 6, 1.976, from tile Board of Supervisors ap- proving to have street opened; request- ed Council ~v look a~ situation before vacatms alley and opening adjoining Eugene Kuehn on behalf of his father- in-law Clem Hayes advised Council and Staff they had no intent to stop access to Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Fel- derman. Carried by the following vo~e: Yeas~Mayor Farrell Council Mem- bers Brady, Felderman. King~ PratL Nays-None, ORDINANCE NO. 32.80 AN ORDINANCE VACATING ELBOW STREET FROM THE NORTH PROPER. TY LINE OF EDITH STREET TO THE NORTH PROPERTY LINE OF LOT 164 IN BELMONT ADDITION, said Or- dinance having ~een previously presented and read al the Council Meeting of May 5, 1980, presented for final adoption. ORDINANCE NO. 32-80 AN ORDINANCE VACATING ELBOW STREET FROM THE NORTH PROPER. TY LINE OF EDITH STREET TO THE NORTH PROPERTY LINE OF LOT 164 IN BELMONT ADDITION. WHEREAS, Mr. Clem H~yes has re- quested the vacation of Elbow Street from the north property line of Edith Street to the north property line of Lot 16~ in Belmont Addition in the City of Dubuque, Iowa; and WHEREAS, Barrels, LeMay, Haas, Fay and Osborn Engineering Company has prepared and submitted to the City Council a plat showing the vacated street and assigned lot numbers there- to, and which shall hereafter be known and described as Lots 128A and 161A in Belmont Addition in the City of Dubu- que, Iowo; and WHEREAS, the City Council of Du- buque, Iowa has determined that this street is no longer required for public use and the vacation of said street known as Lots 128A and 161A in Bel- mont Addition in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said real estate de- scribed as Lots 128A and 16lA in Bel- mont Addition in Dubuque, Iowa be and the same is hereby vacated. Section 2. That the City Clerk be and he ~s hereb~ authorized and directed to cause Notice of intent to dispose of said real estate described as Lots 128A and 161A in Belmont Addition, Socflon 3. That the conveyance of said lot to Clem Hayes be and the same is hereby approved upon payment of $1.000.00. and upon payment of publica- tion and filing fees Passed, adopte~ and approved this 19th day of May, 1980. Carolyn Farre Il Mayor James E. Brady D. Michael King John L, Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Published officially iv. the Telegraph Herald newspaper this 23rd day of May, 1980 Mary A. Davis City Clerk Council Member King moved final adoption of the Ordinance~ Seconded by Council Member Felderman. Carried by the following vote: Special Adjourned Session, May 19, 1980 185 Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 145.80 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Hera]d, a newspaper of genera] circula- tion, published in the City of Dubuque, Iowa on May 8, 1980, the City Council of the City of Dubuque, Iowa met on the 19th day of May, 1980, at 7:30 o'clock P.M. (DST) in the City Council Chain- bors, City Hall, Dubuque County, Iowa to consider the proposal to dispose of in- terest of the City of Dubuque, Iowa in real estate being the vacation of Elbow Street from the north property line of Edith Street to the north property line of Lot 164in Belmont Addition, now plat- ted and known as: Lot 128A and 16lA in Belmont Addi- lion in the City of Dubuque, Iowa to CLEM HAYES; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the herein- above real estate to the above named Grantee; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY O? DUBUQUE, IOWA: Section 1. That the disposal of inter- est of the City of Dubuque, Iowa in the vacated portion of Elbow Street as above set out, and which is now platted and known as Lot 128A and 161A in Bel- mont Addition in the City of Dubuque, Iowa to CLEM HAYES, be and the same is hereby approved for the sum of $1,000.00 plus publication costs and fil- ing fees; that the conveyance shall be by Quit Claim Deed, and no abstract will be furnished by the City and that said cow veyance shall he subject to and the City shall retain a perpetual easement unto itself, in, over and across said vacated portion of Elbow Street for public utili- ties, located therein and right of ingress and egress to repair and maintain the Section 2. That the City Clerk be and she is hereby directed and authorized to deliver Deed of Conveyance conveying the above described real estate to the above named Grantee upon receipt of the purchase price in full. Secfion 3, That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the offices of the Dubuque County Recorder, the Dubuque County Auditor and the City Assessor. Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bets Brady, Felderman, King, Pratt. Nays None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to vacate City's interest in right of way across Lots 1-3 and 2-3 of Duster Place and Lots 7 & 8 in Glen Carris Sub division, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time set for the Hearing. Council Member Felderman moved that the proof of publication be received and filed, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays~None. Abstain-Council Member King. ORDINANCE NO, 33-80 AN ORDINANCE VACATING A RIGHT OF WAY ACROSS LOTS 1-3 AND 2.3 OF DUSTER PLACE, AN D LOTS 7 AN D 8 IN GLEN CARRIS SUBDIVISION, HAVING BEEN PREVIOUSLY PRE- SENTED AND READ AT THE COUN- CIL MEETING OF MAY 5, 1980, pre- sented for final adoption, ORDINANCE NO. 33-80 AN ORDINANCE VACATING A RIGHT OF WAY ACROSS LOTS 1.3 AND 2-3 OF DUSTER PLACE, AND LOTS 7 AN D 8 OF BLOCK II IN GLEN CARRIS SUB- DIVISION. WttEREAS, there exists an 18 foot wide right of way across Lots 1-3 and 2.3 of Duster Place, and Lots 7 and 8 of Block H in Glen Carris Subdivision in the City of Dubuque, Iowv; and WHERI~]AS, the owner of Lot 1-3 in Duster Place has petitioned for the va- cating of said right of way; and WHEREAS, the City Council of Du- buque, Iowa has determined that said right of way is no longer required tv serve Lot 1-2-1 of 8 and 9 in Wilson's Du- buque Subdivision; and WHEREAS, there also exists an ~8 186 Special Adjourned Session. May 19. 1980 across said right of way; NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City's interest the right of way across lots 1-3 and 2~3 in Duster Place. and lots 7and 8 of Block H in Gkn Carrie Subdivision be and the same is hereby vacated. Section 2, That the existing 18foot ~am ~nJ~tll force and effect. Section 3. That the City Clerk be and she is hereby autho~zed and directed to cause Notice o] h~tent to dispose of the City's interest ~n said right of way across lots 1-3 o:nd 2~3 of Duster Place. and lots 7 and 8 of Block H in Glen Carrie Subdivision. SecUoo 4. That the City Clerk be and she is hereby authorized and directed to file a certified copy of this ordinance in the office of the County Recorder in and for Dubuque County, Iowa, SecUo~ 5. That the vacation of the City ~ interest be and the same is hereby approved upon payment of publication and filing fees. Passed. ~opted, and approved this ~gth day of May, Carolyn Fa~ell Mayor ,]ames E. Brady D. Michel King John L, Felde~a~ Michael ~ Pratt Council Mom bors ATTESTS' Mary A. Davis City Clerk Published officially in the Telegraph Herald Ne wspaper thi~ 23rd day of May, 1980, Mary A. Davis City Clerk Council Member Felderman moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. PratL Nays-None. Abstain-Council Member King. RESOLUTION NO, 146.80 WHEREAS. pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald. a newspaper of general circula~ tion, published on May 8, 1980 in the City of Dubuque, Iowa. the City Council of the City of Dubuque, Iowa met on the 19th day of May, 1980 in the City Council Chambers in the City Hall, Dubuque, Iowa at 7:30 o'clock P.M. (DST) to consid- er the vacation and release of the City's interest in right-of-way across Lot 1 of Lot 3 and Lot 2 of Lot 3 in Duster Place. and Lots 7 and 8 of Block II in Glen Car- ris Subdivision in the City of Dubuque, Iowa and that the City of Dubuque Iowa will retain unto itself the existing 18' wide sanitary sewer easement hereto- fore granted to the City, as shown on copy of plat hereto attached and by ref- erence made s part hereof: and WHEREAS. the City Council of the City of Dubuque, Iowa deems it in the best interests of the public that the va- cation of said right-of-way be granted and that the City of Dubuque retain the existing sanitary sewer easement unto itself: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SecUon 1. That the proposal to va~ ca~e and release the right-of-way across Lot 1of Lot 3 and Lot 2 of Lot 3in Duster Place. and Lots 7 and 8 of Block II in Glen Carrie Subdivision in the City of Dubu- quo. Iowa as hereinabove set out. to the owner, be and the same is approved upon payment of publication costs and filing fees by the owner, and subject to the City's retaining unto itself the existing 18' sanitary sewer easement and said easement shall remain in full force and effect in, over. and across said right-of- way to repair and maintain the said sani- ~ary sewer. SeuUon 2. That the Mayor and the City Clerk be and they are empowered to execute any documents necessary m the releasing and vacation of said right- or-way. Seution 3. That the City Clerk be and she is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 19th day of May, 1980. Caroiyn Farrel] Mayor James E. Brady D. Michael King John L. Felderman Michael W, Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. Pratt. Nays-None. Abstain-Council Member King. Proof of Publication. certified to by the Publisher. of Notice of Public Hear- ing to amend the Zoning Ordinance by Special Adjourned Session, May 19, 1980 reclassifying the southerly 550' of Lot of NW¥4 of SWV4 of Section 28, T89N, R2E of 5th P.M. from AG Agricultural to C-3 Arterial Business Commercial Dis- trict, presented and read. No written objections were filed. Attorney Leo McCarthy addressed the Council on behalf of his client, Mr. Schlitz, and stated that the amendment of the Zoning Ordinance be approved in view of the time factor for development. Mr. John Dougherty, an Engineer with the Soil Conservation Service, pressed his professional viewpoint re- garding care taken for control of erosion with that particular type of soil, and stated that erosion would be totally con- trollable with proper safeguards. Attorney David Leifker expressed concern of possible problems with ero- sion and contamination of nearby Cat- fish Creek. Mr, Dick Schlitz stated that this mat- ter had to be approved soon so that de- velopment could be started, that they did need the entire site for their project, and that proper safeguards would be utilized to control erosion. Council Member Pratt moved that the Proof of Publication be received and filed. Seconded by Council Member Fel- derman, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. AN ORDINANCE of the City of Du- buque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa be amended by revising Appendix A there. of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying property located north of U.S. Highway 20 from AG Agri- cultural DistriCt to C~3 Arterial Busi- ness/Commercial District, Sly 550' of Lot I of NW V~ of SW ~/4 of Sec. 28 T89N R2E, said Ordinance having been previ- ously presented and read at the Council Meeting of April 21, 1980, presented for final adoption. Council Member Brady moved that the Ordinance be referred to Corpora- tion Counsel for addition of three amend- ments: 1. compliance with Iowa State Standard runoff; 2. no accessibility lo proposed Northwest Arterial road; and 3. rezone all property to C-3 Classifica- tion, except the northeast corner. Sec- onded by Council Member Felderman. Carried by the following vote: Yeas-Council Members Brady, Felderman, Pratt, Nays~Mayor Farrell, Council Member King. Communication of City Manager re- questing to discuss the issue and how to proceed with the request from Dubuque 187 Medical Transport Co. requesting an ambulance license, presented and read, Council Member King~ moved that the communication be received and filed and Alternatlve No. 1, which specifies that no issuance of the license be approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Attorney Wm. Fuerste, representing the three petitioners for said license (Neyens, Pflffner, Uskavitch), express~ ed disappointment with motion, and stated that'the Petitioners in his opinion had followed all procedures in exact ac- cordance with the Ordinance covering the issuance of an ambulance license. Petition of H.R.W. requesting exten sion of period of six months or until Dec. 3, 1980 for final development plan and that reclassification of property remain as C-6 Planned Commercial District, pre- sented and read. Council Member King moved that the ~eUtion be received and filed and re- quest approved. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Council Members Felderman, King, Pratt. Nays-Mayor Farrell, Council Member Brady. Attorney Roberi Bertsch, on behalf of tt.R.W. Associates, stated that the re- quest for additional time was necessary for economic reasons of the developer and the owner, though assurance was of- fered that the major tenants have signed their leases. AN ORDINANCE providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa," to amend the Zoning map with regard to properties in the Center Sector of the Territory involun- tarily annexed to the City of Dubuque, Iowa, said Ordinance having been previously presented and read at the Council Meeting of April 7, 1980, and May 5, 1980, presented for final adop- tion. Communication of Attorney Hughes requesting to address the Councll on behalf of his client, Julian G, Nemmers, on the matter of the Planned Industrial Znning classification for the Nemmers property, presented and read. Attorney Hughes spoke to the com~ munication and asked the Council to con- sider the application of Planned Indus- trial District on Nemmers property, de~ voted to Industrial Use; logical use for property is Planned Industrial District. 188 Special Adjourned Session. May 19. 1980 Council Member Felderman moved that the Communication be received and tiled and this matter be referred to Plan ning and Zoning for their Public Hear- ing. Seconded by Council Member Pratt. Carried by the following vol, e: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King Pratt. Nays-None. Petition of Gall Windman et al signersl opposing zoning that would aL low commercial development on the Hansel proper~y East of Cedar Cross Road and South of Starlite Drive. and pe- tition of Gall Windman et al (46 signersl opposing further commercial and indus- trial development along Cedar Cross Road because of the lack of adequate roads to service this area, presented and read. Gall Windman spoke to the petitions and elaborated on the viewpoint of her- self and the other petition signers that industrial zoning would create an island of a few residential homea, and that the lack of adequate roads tc service the area would be detrimental. Council Member Felderman moved that the petitions bo received and filed and referred to Planning and Zoning. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Farrel]. Council Mom bors Brady, Felderman. King, Pratt. Nays-None. Dr. Neumetster of Crescent Ridge spoke to the Council of the difficulty in- volved in getting materials and people to an(] from an industrial district, with the adequate roads and bridges, and viewed increased traffic as detrimental to the area. Sam Perry of 8180 Sequoia Circle ex- pressed his personal viewpoint that he is nor supportive of Industrial Develop- ment for three reasons: 1 road situation is bad. 2/it would isolate homes in indus- trial developmen~ area and 3) he sup- ports a Catfish Creek green area. Dan Riley o~ 2505 Knob Hill stated shat all the roads around this area have bridges with limits of 14 ton which wonld definitely curtail large trucks. He point- ed out thai there is to be a corridor study done in ]983, but it will be many years before the roads can be done properly. Also, erosion p~oblems would not be as great with residential development as with industrial, so against industrial Linda Patrick of 1015 Valentine Dr. on behalf of many residents in the sur- additional truck traffic. Kerln Moldenhauer of 1250 Nowata St, read a letter of Jim Rooks which ex Catfish Creek area. Jeff Hansel of 439 Tamarack declared that in his viewpoint, traffic would be less if it was zoned industrial because if it was developed residentially, there would be 6 lots to an acre. and therefore possibly 1200 living units. Keith Vickery et 290 Southga~e quoted the Gruen Report of 1965. which cost considerable money, and this repor~ stated that this area should be zoned res- idential with an extensive greenbelt. Mary Ellen Landwehr of 2403 Knob Hill expressed an opinmn against indus- trial development, as this makes for an unsightly view from their residential homes, and also berates the additional traffic hazard afforded the school chil- dren. David Leifker of 1150 Victoria. as President of Dubuque County Conserva- tion Society, s~ated that it seemed ironic to cut down ~rees for development and then end up replanting trees, which that developmen~ would create prob- lems for Catfish Creek. Dr. Julian Nemmers of 500 Sunset Ridge expressed the view that this area needs proper development. Dr. Mary Ellen Harris of 2239 Univer. sity stated that this area needs well plan ned development so that there are minor wa~er r un-off and erosion problems to be solved later. John Henn of 2483 Knob Hill stressed the property should be zoned residential because of the multitude of problems presented if zoned industrial, Le. buffer- ing problems with tall buildings, water ditions, ere Sheila Sorensen of 255 Southgate felt that an industrial zoning would not be a good plan for the City. Council Member Felderman moved that the Ordinance approving zoning for properties in the Center Sector be refer- red to the Planning & Zoning for their public hearing and consideration be made that properties be put in holding status until proper time and remain in AG Agricultural zoning. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mavor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Petition of Curule Heiderscheit re- questing to address the Council to dis- cuss the subject of building codes and building permits, presented and read. Curule Heiderschelt of 101 Cherokee Dr. spoke to the petition and expressed resentment that the fee for remodeling Special Adjourned raise as if a contractor would be doing the work, thus creating a fee structure that is substantially more expensive than it was a few years ago. Jack Heiderscheit spoke objecting to the basis of the fee charged on per square footage basis. Council Member Felderman moved that the petition of Carole Heiderscheit be received and filed and referred to staff for investigation. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitting Resolution requesting transfer of certain Community Development Block Grant Funds and reprogrammed to certain areas, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 147-80 Resolution Directing the Transfer of Certain Community Development Block Grant Funds. WHEREAS, the City of Dubuque is entitled under Title I of the Ifousing and Community Development Act of 1974 to certain Community Development Block Grant Funds; and WHEREAS, Section 570.600 of the Code of Federal Regulations provides for certain local option activities; and WHEREAS, applications have ex- ceeded resources allocated for such as- sistance; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sentlon 1. That the following alloca- tions for Rehabilitation Loans and Grants as contained in the Fiscal Year 1980 Community Development Block Grant Program be amended and funds transferred and reprogrammed as fol- lows: FY '80 Recommende~ Area Appropriation Change Target Areas Section 2. That the following alloca- tions as contained in the Fiscal Year 1980 Session, May 19, 1980 189 Community Development Block Grant Program be amended and funds trans- ferred and reprogrammed as follows: Transfer From Fourth St. Peninsula Storm Sewer Pro- ject - $15,000. Transfer TO Tri-State Independent Blind Society Energy Conservation Project - $15,000. Section 3. That the Community De~ velopment Commission conducted a Public Hearing relative to the above on May 13, 1980, Section 4. That the foregoing trans- fer of funds has heretofore been approv- ed by the Community Development Commission and the Housing Rehabilita- tion Commission. Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady I). Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Kurt Swaim, as attorney on behalf of the Tri-State Blind Society, spoke brief- ly about the organization's benefits, and introduced Mr. Alfie Noel, President of the Tri-State Independent Blind Socie- ty, who extended an invitation to Mayor and Council Members to view their facil- ities at 1098 Jackson and explained his goal of teaching enough braille to blind individuals to facilitate playing cards etc.. and how funds are needed to wea- therproof building, etc. Communication of City Manager sub- mitring Resolution authorizing Mayor to execute amended agreement with IDOT regarding intersection improvements at Dodge St. and Devon Dr. and Central Ave. and 22nd St., presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- tied by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. 196 Special Adjourned Session. May 19. 1980 I~$OLU?~ON NO~ Agroeme~ ~umber 4A,~ 6et~en ~o ~y ~ Dubuqne, 'r'r~ns~t~flon P~ov~ln~ fo~ Traffic S~m~ h~pr~vemen~ ~ D~dge SRoo~ metric ~ T~'af~o ~ ~mprov~- Second Street and desirable: and NOW THEREFORE ~E ~ RESOL~- ED BY THE C~TY COUNC1L OF THE CITY OF DUBUQUE IOWA: Pa~sed. adopted, and approved this 19~h day of May, 1980, Carolyn F arrel] Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt mitring Resolution authorizing the £or Federal Aid Positive Guidance De- monstration Project IDodge St. at Bluff & Locust, presented and read, Council Member Pratt moved that the commnnieation be received and filed. Seconded b~ Council Member King. Car- ried by the following vet, e: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-Council Member Brady. BE~OL~JTION NO, 149~80 Be~o~tlon Authorizing ~xecution of an ~groem~nt Betweeo the City of Du. of Transportation Providing for a Post. five GubJance Deinonetration Project A~ or N~sr [he Intersections of Dodge, WHER:,3AS, the City has identified and approved fundin~ for improvements to tbs intersections of Dodge and Bluff, and Dodge and Locust Streets as a de- sirable element of the 1980 Capital WHEREAS. the City and State ~nay financing, planning, establishment. ~m- iurisdictions, and it is their opinion that sary and desirable: and WHEREAS. the Congress of the United States has made certain funds available through the Federal Highway Administration. hereinafter called the FHWA. for research and development WHEREAS. Federal Aid funding ~s avail8ble for a Demonstration Project to be administered by the State; and Special Adjourned Session, May 19, 1980 191 WHEREAS, a contract (no. DTFH71- 80:C*00019) between the FHWA and the State doss exist for the accomplishment of a Positive Guidance Demonstration Project in the City of Dubuque; and WHEREAS, the City has indicated a desire to accomplish the intent of said contract; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be author- ized to execute and the Clerk be author- ized to certify the agreement with the Iowa Department of Transportation. Section 2. That three copies of the agreement be forwarded to the Iowa De~ partment of Transportation for signa- ture by that administrative body. Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. Communication of City Manager sub- mitring Proposed Budget Amendment for Fiscal Year 1980 and requesting clerk to be directed to publish date of Public Hearing presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farts]l, Council Mem- bars Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 150.80 Resolution Directing the City Clerk to Publish Proposed Amendment 1o the Fiscal Year 1980 Budget and Date of Public Hearing. WHEREAS, it is proposed that the City of Dubuque amend its Fiscal Year 1980 budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that a public hearing must bo held on such a budget amend- ment. NOW THEREFORE BE IT RESOLV~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque. Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Brady moved adop- tion of the Resolution, setting hearing on this matter for June 2, 1980. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitting 1979 edition of the Uniform Mechanical Code, as amended to meet local conditions, and recommending adoption of same, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the foliowlng vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. AN ORDINANCE Amending Sec tions 19-1 and 19~2 of the Code of Ordi- nances by repealing such sections and enacting new Sections 19-1, 19-2 and 19-3 in lieu thereof pertaining to revising and reenacting a Mechanical Code for the City of Dubuque, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Feldermao. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, FeIderman, King, Pratt. Nays-None. Communication of HUD submitting Section 8 Annual Contributions Con- tract, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Communication of City Manager sub mitring Resolution approving the execu- tion of agreement for Master Section 8 Annual Contributions Contract~ pre sented and read. Council Member Felderman moved that the communication be received and 192 Special Adjourned Session, May 19, 1980 filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 151.80 Resolution Authorizing Execution el Annual Contributions Contract Sec- tion 8 Moderate Rehabilitation Pro- gram. WHEREAS, the City of Dubuque, Iowa (herein called the "Local Housing Agency") proposes to enter into an An- nual Contributions Contract with the United States of America (herein called the "Government") with respect to any "Projects" as defined in the Annual Con- tributions Contract and which, at any time now or hereafter, is incorporated under the terms of such contract. BE IT RESOLVED BY THE LOCAL HOUSING AGENCY, as follows: Section 1. The Annual Contributions Contract, in substantially the form of contract hereto attached and marked Exhibit "A", is hereby approved and ac- cepted both as to form and substance and the Mayor is hereby authorized and directed to execute said contract in two copies on behalf of the Local Housing Agency. and the City Clerk is hereby au- thorized and directed to impress and at- test the official seal of the Local Housing Agency on each such counterpart and to forward said executed counterparts, or any of them. to the Government. togeth- er with such other documents evidenc- ing the approval and authorizing the ex- ecution thereof as may be required by the Government. Section 2. Whenever the following ~erms. or any of them. are used in this Resolution, the same. unless the context shall indicate another or different mean- ina or intent, shall be construed and are intended to have meanings as follows: a. The term"Resolution' shall mean this Resolution. b. Allother terms usedin this Reso- lution and which are defined in the Annual Contributions Con- rrac[ shall have the respective meanings ascribed thereto in the Annual Contributions Contract Section 3. This Resolution shall take effect immediately, this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Chairman of Ener~ gy Management Team submitting a quest that the Mayor be authorized to execute a Grant application for Active Solar Energy Project for 32nd Street Fire Station, presented and read. Council Member King moved that the communication be received and filed and the request approved. Seconded by Council Member Brady. Carried by the following vote: Yeas~Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of the City Manager submitting procedures for the construc- tion of the St. Mary's Street Storm Sewer, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vo~e: Yeas-Mayor Farrefi. Council Mere~ bets Brady, Feiderman. King, Pratt. Nays-None. RESOLUTION NO. 152-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE. IOWA: That the proposed plans, specifica- lions, form of contract, and preliminary estimates, including all items of material and work required co construct, St. Mary's Storm Sewer. in the estimated amount of $33,499.54, presented and read. Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King, Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO. 153-80 WHEREAS. proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa. and are now on file in the office of the City Clerk showing among other things the following: (1 The rlan of such improvemen~ (21 An estimate of the cost of the im- provement for the construction of St. Mary's Storm Sewer. BE IT THEREFORE RESOLVED that the City Council on its own motion. deems it advisable and necessary for the public welfare to make the herein men- Special Adjourned Session, May 19, 1980 193 tioned improvement, and unless proper- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment shall be paid from the Community Development Fund. The above resolution was introduced approved and ordercd placed on file with the City Clerk this 19th day of May, 1980. Approved and placed on file for final action. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved approval of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 154-80 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its pre- liminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for con- struction of St. Mary's Storm Sewer. NOW THEREFORE BE IT RESOLV- ED that on the 16th day of June, 1980, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Du- buque at City Hall at which time the ob~ jectors for the proposed improvement may appear and make ohjection to the proposed plans and specifications, form of contract and cost of said improve~ merit, and the City Clerk be and is here- by directed to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubuque, Iowa which shall be not less than four days nor more than twenty days prior to the day fixed for its consid- eration, and the City Clerk be and is hereby directed to have published the notice of pendency for said improve- ment, and the City Clerk is hereby di- rected to advertise for proposals to the contractors for the construction of the above-mentioned improvement. Passed~ adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Feldermau moved adoption of the Resolution and set Hear- ing Date of June 16, 1980. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub mitring Ordinance and Resolution ap- proving vacation of portions of Ethel St., University Ave. and an abutting alley and approving sale of same, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 155-80 Resolution Approving Plat of Vacated Portion of U nlversRy Avenue and Et hel Avenue. WHEREAS, there has been present- ed to the City Council of the City of Du- buque, Iowa a plat dated March 31, 1980, prepared by Barrels, LeMay, Haas, Fay and Osborn Engineering Company, cov- ering a vacated portion of University Avenue and Ethel Avenue; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BEIT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Suction 1. That the plat dated March 31, 1980 prepared by Barrels. LeMay. Haas. Fay and Osborn Engineering Company, coyering the real estate here~ in above described, be and the same is hereby approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said dar for and on behalf of the City of Du buque, Iowa; Buction 2. That the City Clerk be and is hereby authorized and directed to rite said plat and certified copy of this Reso- 194 Special Adjourned Session. May 19. 1980 lution in the office of the Recorder in and for Dubuque County, Iowa Passed. adopted, and approved this lDth day of May, 1980. Carolyn Farrell Mayor James E, Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. AN ORDINANCE vacating a portion of University Avenue and Ethel Ave- nue, presented and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Sec- ended by Council Member Pratt. Car- ried by the following vote: Yeas~Mayor Farrell. Council Mem- bers Brady, Fnlderman. King, Pratt. Nays-None. Council Member Feldsrman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken be dispensed with. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Felderman moved that a public hearing be held on the Ordi- nance on June 2. t980 at 7:30 o'clock 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 man- ner required by law. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vo~e: Yeas-Mayor Farrell. Council Mem- bers BraDy, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 156.80 Resolution Approving Plat of Vacated Alley South of Ethel Avenue Between University Avenue and Prysl Street. WHEREAS, there has been present- ed to the CRv Council of the City of Dubuque, Iowa a plat dated April 30. 1980 prepared by Bartels. LeMay, Haas, Fay and Osborn Engineering Company, covering a vacated alley south of Ethel Avenue between University Avenue and Prysi Street: and WHEREAS. said plat conforms to the laws and statutes pertaining thereto: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated April 30. 1980 prepared by Barrels. LeMay, Haas. Fay and Osborn Engineering Company, covering the real estate here- in above described, be and the same is hereby approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubu- que. Iowa: Section 2. That the Cky Clerk be and is hereby authorized and directed to file said plat and certified copy of this Reso- lution in the office of the Recorder in and for Dubuque County, Iowa. Passed. adopted, and approved this 19th day of May, t980. Carolyn Farrell Mayor James E. Brady D. Mictmel King John L. Feldermar Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- hers Brady, Felderman. King, Pratt. Nays-None. AN ORDINANCE vacating an alley south of Ethel Avenue between Univer- sity Avenue and Prysi Street, presented and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Council Member Pratt. Car- rind by the following vote: Yeas-Mayor Farrell. Council Mem- hers Brady, Felderman. King, Pratt. Nays-None. Council Member Felderman moved that the rule requiring an Ordinance rD be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None, Council Member Felderman moved that a public hearing be held on the Ordi- nonce on June 2. 1980 at 7:30 o'clock P.M. in the Council Chamber at. the City Hall and that tbe City Clerk be instructed Lo Special Adjourned Session, May 19, 1980 195 publish notice of the hearing in the man- ner required by law. Seconded by Coun- cil Member Pratt. Carried by the follow- ing Vote: Yens-Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager commending stop control for north- bound and southbound vehicles on Pin- ard Stret at East 29th St., 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 Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. ORDINANCE NO. 34.80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA BE AMEN DED BY ADD. lNG A NEW SUBSECTION TO SEC. TION 25.210 PROVIDING THAT NORTHBOUND AND SOUTHBOUND VEHICLES ON PINARD STREET SHALL STOP BEFORE ENTERING THE INTERSECTION OF TWENTY- NINTH STREET, EAST, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bets Brndy, Fe]derman, King, Pratt. Nays-None. ORDINANCE NO. 34-80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA BE AMENDED BYADD. lNG A NEW SUBSECTION TO SEC. TION 25~210 PROVIDING THAT NORTHBOUND AND SOUTHBOUND VEHICLES ON PINARD STREET SHALL STOP BEFORE ENTERING THE INTERSECTION OF TWENTY. NINTH STREET, EAST. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by adding a new subsection to Section 25-210, to read as follows: Section 25.210 b) Those ~utersecttons desalinated are hereby declared to be "stop i~ter- sections "for all purposes of this se Northbound and southbound vehi- cles taus t stop before entering the in- tersections of' Twenty-Ninth Street, east, and Pinard Street. Section 2. That all ordinances or parts of ordinances in co~flict with this ordinance be and they are hereby repealed. Passed, adopted, and approved this 19th day of May, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTES~[~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this £3rd day of May. 1980, Mary A. Davis City Clerk I t 5/23 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Brady, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitting Ordinance repealing Section 25-65 of the City Code regarding Noise Control-Testing Vehicles, 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 Farrell, Council Mere: hers Brady, Felderman, King. Pratt. Nays-None. ORDINANCE NO. 35-80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA AMENDING THE CODE OF ORDINANCES OFTHE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 25-65 OF ARTICLE IV THEREOF AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: 196 Special Adjourned Session, May 19, 1980 Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken, be dispensed w!th. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, ORDINANCE NO. 35,80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 25-65 OF ARTICLE IV THEREOF AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT. NOW THEREFORE BE IT ORDAIN- ED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section £5-65 of Arti* cle IV of the Code of Ordinances of the City of Dubuque, Iowa is hereby repeal- ed and declared null and void and of no effect. Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are thereby repealed. Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E, Brady 4). Michael King John L. Felderman Michael W. Pratt Council Members A TTESZ, Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of May, 1980. Mary A. Davis It 5/23 City Clerk Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the folIowtng vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitring Ordinance amending Section 26-14§ of the City Code pertaining to traffic noise, and placing in proper sec- tion of City Code, 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 Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 36.80 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REPEAL- ING SECTION 26,146 AND ENACTING A NEW SECTION 26-145 OF ARTICLE VII OF DIVISION I IN LIEU THEREOF PROVIDING THAT CONTROL OF TRAFFIC NOISE SHALL BE GOVERN- ED AND REGULATED BY THE PROVI- SIONS OF CHAPTER 25, ARTICLE IV, ~resented and read; Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Comlcil Member Pratt moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken be dis- pensed with. Seconded by Council Mem- ber Brady, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 36.80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 26-145 OF ARTICLE Vii OF DIVISION I THEREOF AND ENACT- lNG A NEW SECTION 26-145 OF ARTI, CLE VII OF DIVISION 'T' IN LIEU THEREOF, PROVIDING THAT CON. TROL OF TRAFFIC NOISE SHALL SE GOVERNED AND REGULATED BY THE PROVISIONS OF CHAPTER 25, ARTICLE IV. NOW THEREFORE BE iT ORDAIN- ED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUEi IOWA: Section 1. That the Code of Ordinanc- es of the City of Dubuque, Iowa be and the same is hereby amended by repeal- lng Section 26-1~5 of Article VH of Divi- sion I thereof and enacting anew Sec- tion 26-1~5 of Article VH of Division tin lieu thereof to read as follows: "Sec. 26.1451 Traffic. Control o/traffic noise shall be gov- erned and regulated by the provi- sions of Chapter25, Article IV of this Code." Suction 2. That all ordinances of 9arts of ordinances in conflict with this )rdinance are hereby repealed. Special Adjourned Session, May 19, 1980 197 Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this £3rd day of May, 1980. Mary A. Davis It 5/23 City Clerk Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Communication of Planning and Zon- ing recommending approval of amend- ment to Zoning Ordinance for construc- tion of private garage in R-3, R-4 and R-5 Districts in response to request by John W. Duccini, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, AN ORDINANCE Amending the Zoning Ordinance by enacting a new Section 4-106.4 of Article IV in lieu thereof to allow a Private garage to be constructed as a separate conditional use in an R-3, R-4 and R-5 Residential District, presented and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bors Brady, Felderman, King, Pratt. Nays-None. Council Member Felderman moved that a Public Hearing be held on the Or- dinance on June 16, 1980 at 7:30 o'clock P.M. in the Council Chamber at the Cty Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Planning & Zoning recommending approval of request for preliminary Development Plan and PUD designation on Doekal Property South of Plymouth Ct., as requested by Dockal/ Luksetich, 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 Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. AN ORDINANCE amending Zoning Ordinance by reclassifying property described as Lot 1 of Subdivision of Lot 1 of 1 of "Faldorf's Place" in the City of Dubuque from R-1 Single Family Resi- dential District to R-1 Planned Unit De- velopment District, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Council Member Pratt moved that a ~ublic hearing be held on the Ordinance on June 16, 1980 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to )ublish notice of the hearing in the man- ner required by law. Seconded by Coun- cil Member Brady. Carried by the follow- in vote: gYeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Planning & Zoning approving final plat of "Milwaukee In- dustrial Tract No. 1", located south of East 6th St. and East White St., present- ed and read. Council Member Pratt moved that the communication be received and filed. Seconded by Counci~ Member Folder- man. Carried by the following vote: 198 Special Adjourned Session. May 19, 1980 Yeas-Mayor FarrelL Council Mem~ bets Brady, Felderman. King, Pratt Nays-None, RESOLUTION NO. 157-80 A Resolution Approving the Plat of the Subdivision of "Milwaukee Industrial Tract No. 1" in the City of Dubuque, WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of "Milwaukee Industrial Tract No. 1" in the City of Dubuque, Iowa: and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval eh- dorsed thereon: and WHEREAS. said plat has been exam- ined by the City Council. and the City Council finds that the same conforms to statutes and ordinances relating there- to. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1, That the plat of the Subdi- vision of "Milwaukee Industrial Tract No, 1' in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby au- thorized and directed to endorse the ap- provsl of the City of Dubuque, Iowa upon said plat. Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman, Carried by ~he following vote: Yeas-Mayor Farrell. Council Mem. bets Brady, Felderman. King. Pratt, Nays-None. Communication of Board of Supervi- sors requesting to meet with City Coun- cil to negotiate amoun~ willing ~o be spent regarding the installation of signals at the intersection of US 52, IA #3. IA 386. and John F, Kennedy Road. presented and read, Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt, Carried oy the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady. Felderman. King, Pratt. Nays-None. Communicatior of Rchab. Commis- sion recommending Ann Schroeder be appointed as liason member to Commu- nity Development Commission, present- ed and read. Council Member Felderman moved that the communication be received and filed and appointment approved, Sec- onded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Council Member Pratt moved that Ruby Sutton be appointed to the Human Rights Commission. Seconded by Coun- cji Member Felderman. VOTE WAS AS FOLLOWS: Yeas-Council Members Feldermar Pratt. Nays-Mayor Farrell, Council Mem- bers Brady and King. MOTION FAILED. Council Member Brady moved that Nancy Lee Wallace be appointed to the Human Rights Commission for an unex- pired three year term which expires January 1, 1982. Seconded by Council Member King. Carried by the following Yeas-Mayor Farrell Council Mem- bers Brady, Felderman, King. Pratt. Nays-None. RESOLUTION NO. 158-80 BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBU~ QUE. IOWA: That the following, having complied with the provisions of law relating to the sale of Cigarettes within the City of Du- buque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Judith 'Ann Schiel (to 6-30-801 - 342 Main St. Thomas Haas & Roger Beck -- 2776 Jackson St C K of Dubuque Inc. - 3187 Univer~ sity Ave Cremer Grocery Company -- 731 Rhomberg Ave. Bette O. Helling -- 701 Dodge St. Lloyd Dalsing - 3750 Central Ave. Do. [nc. -- 703 Dodge St. Dubuque Packing Company - 70f East 16th St. Ronald J. Fens -- 1121 University Ave. Fran Kuhle -- 3201 Central Ave. Beverly A, Lateen -'3050 Asbury Road, Miracle Car Wash Inc. - 255 Locust St. Nash Finch Company J.F.K & Hwy. 20 West. Eugene A. erring -- 1689 Elm St. Palmer Drug -- 2600 Dodge St. Riverside Bowl. Inc. -- 1860 Haw- thorne St. Special Adjourned Session, May 19, 1980 199 Robert's Food Service, Inc. - 62 Lo- cust St. Dorothy Shaffer - 1103 Iowa St, Walgreen Co. - 555 J. F. Kennedy Rd. Neeleon E, & Mary L. Ness (to - 32nd and Jackson St. Neeleon E. & Mary L, Ness - 32nd and Jackson St. Passed, adopted, and approved this 19th day et May. 1980. Carolyn Farrell Mayor James E, Brady D. Michael King John L. Feiderman Michael W. Pratt Council Members ATTEST: Mary A, Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- hers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. t59-80 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Beer Permit, CLASS "B" BEER PERMIT Charles J. Spielman (Also Sunday Sales) - Veterans Memorial Park, CLASS "C" BEER PERMIT Earl Tegeler (Also Sunday Sales) - 620 S. Grandview. Cremer Grocery Company, Inc. (Also Sunday Sales) - 731 Rhomberg Ave. Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E, Brady D. Michael King John L. Felderman Michael W. Pratt ATTEST: Council Members Mary A, Davis City Clerk Council Member Pratt moved adop- lion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farreil, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 160-80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club (Also Sunday Sales) -- 1800 Randall PI. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Rober£ Stonskas - 1322 Central Ave, Beverly A. Larsen (Also Sunday Sales) - 3050 Asbury Rd. Lloyd Dalsing (Also Sunday Sales) - 3750 Central Ave. Jo Ann H. Klauer - 1097 Jackson St. Riverside Bowl, Inc. (Also Sunday Sales) - 1860 Hawthorne St. Neeleon E. & Mary Ness - 32nd and Jackson St. Passed. adopted, and approved this 19th day of May, 1980. Carolyn Farrell Mayor James E. Brady D, Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman, Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Iowa Department of Transportation advising of Public Hearing on the proposed improvement of Highway 561 on June 10. 1980 at Five Flags, West Arena, at 7:30 p.m., present- ed and read. Council Member King moved that the communication be received and filed, Seconded by Council Member Pratt. ~arried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. 200 Special Adjourned Session, May 19. 1980 Communlcatton of City Manager vising Council of the disposition of items referred to the Manager's office in 1979. presented and read Council Member King moved that the communication be received and filed. Seconded by Council Member Pratl Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays~None. Communication of City Manager sub- mitting documents relating to presen~ arrangement under which Telepromp- ter Corp. serves the community, pre- sented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratl Carried by the fofiowing vote: Yeas-Mayor Farrell. Council Mem- hers Brady, Felderman. King, Pratt. Nays~None. Communication of City Manager sub- mitring response relative to a request to study and designate revised speed limits on major City s~ree;s, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Prati Carried by ~;he following vote: Yeas-Mayor Farrell, Council Mem- bers Brady. Felderman. King, Pratt. Nays-None. MINUTES SUBMITTED: Transit Board of 4-4 and Earnings Statement for month of April: Plumbing Board of 4-24: Housing Rehab. Comm. of 4-22: Heating, Ventilatlng, Air-Conditioning and Re- frigeration of 4~7; Park Board of 5-9: Planning and Zoning of 5-7. presented and read. Council Member King moved that the minutes be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Parrell. Council Mem bers Brady, Felderman. King, Pratt. Nays~None. Communication of Corporation Coun- sel recommending settlement of auto damage claim of Tom Wallace in amouni of $35,00, presented and read. Council Member King moved that the settlement be approved and the City Au- ditor directed ~o msue proper warrant, Seconded by Council Member Felder man, Carried by the following ye;e: Yeas-Mayor Farrell Council Mem- bers Brady, Felderman. King, Pratt. Nays. None. Communication of Corporation Coun- sel recommending denial of car damage claim of David R. Blaser, presented and read. Council Member King moved that the communication be received and filed and that the recommendation of denial ap- proved. Seconded by Council Member Felderman. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Corporation Coun- sel recommending denial of car damage claim of Steve Ames. presented and read. Council Member King moved that the communication be received and filed and that the recommendation of the denial be approved, Seconded by C.M. Felder- man~ Carried by the following vote: Yeas Mayor Farrell. Council Mem- 5ers Brady, Felderman, King, Pratt. Nays-None. NOTICE OF CLAIMS ~- Frank Har- die Advertising Inc. in amount of $35.00 for truck damage incurred by City own- ed minibus; Helen Manemann iii amounL of 588.00 for tire damages incurred by curb protruding at 2415 Windsor Ave.; David J. Arnold in amount of $18.76 for loss of three garbage cans during City clean-up; Jerry Andregg, Jr. in an unde- termined amount for damages to car window fi'om rocks being thrown by a City owned truck: Mary Spoerre, in the amount of ~70.00 for tire damage caused by hitting a hole in Kerper Blvd.; Wenzel Towing Service. in amount of $250.00 for truck damage occuring in Locust Street Parking Ramp; Notice of Suit by Robert Greiner, in amount of $10.000 for person- al injuries received in fall on March 14 1980 at 3rd and Main Streets, presented and read. Council Member King moved that the Notices of Claims and Notice of Suit be referred to the Corporation Counsel. Seconded by Council Member Felder- man, Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. Communication of City Manager sub- mitring report of City Treasurer and Fi- nance Director. also list of claims for month of April, 1980. presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Feldermar King, Pratt. Nays-None. Communication of Commissioner of Insurance advising that the Merchants Mutual Bondine Co. is authorized ~o ;ransac; appropriate business of Fidel- Special Adjourned Session, May 19, 1980 201 fry and Surety Insurance in the State un- til the 1st day of May, 1981, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Teleprompter Cable TV submitting their 1979 Finan- eial Statement, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Dubuque Golf and Country Club requesting permission to have a fireworks display at Randall Place on July 6, 1980, presented and read. Council Member King moved that the Petition be received and filed and re- ferred to the City Manager. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Petition of Robert J. Schulte Co. re- questing permission to excavate at 2475 University Avenue to repair a water leak, presented and read. Council Member King moved that the Petition be received and filed, and exca- ration approved. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 161-80 WHEREAS, there is a vacancy in the office of the deputy City Clerk of the City of Dubuque, Iowa; and WHEREAS, such vacancy should be filled; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Senflo~ f. That Karen M. Chester- man be and she is hereby appointed Deputy City Clerk of the City of Dubu- que, Iowa and that the effective date of her appointment shall be the 19th day of May, 1980 and that her salary shall be fixed by the office of the City Manager. Passed, adopted, and approved this 19th day of May, 1980. Carolyn Farre9 Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farreli, Council Mem~ hers Brady, Felderman, King, Pratt. Nays-None. Communication of David Leifker, Pres. of Dubuque County Conservation Society urging City Council to accept the Twin Sisters Subdivision Partner- ship's offer of 54.4 acres for open space preservation, presented and read. Council Member King moved that the communication be received and filed and referred to the City Manager. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem bens Brady, Felderman, King, Pratt. Nays-None. Communication of West Side Busi- ness & Professional Association of Dubuque, urging the Council to place the Kennedy Road Completion Project on a construction schedule just as soon as possible and the improvement be made from Federal Funds without assessment to adjoining property owners, presented and read. Council Member King moved that the communication be received and filed and referred to the City Manager. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Communication of Delos A. Dorweiler requesting relief from noises on J.F.K. Road and requesting enforcement of Noise Ordinance, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Asbury Jaycees re- questing to use west-bound two lanes of Asbury Road for parking on August 2nd and 3rd in connection with first annual Asbury Days, presented and read. 202 Special Adjourned Session, May i9, 1980 Council Member King moved that th~ communication be received and filed an( referred to the City Manager. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. Petition of Linda J. Ball requesting re- fund of $25.00 on unexpired Cigarette License No. 1882, presented and read. Council Member King moved that the petition be received and filed, and proved and that the City Auditor be di- rected to issue proper warrant. Second- ed by Council Member Felderman. Car- ried by the following vote: Yeas:Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. On behalf of Pat Flynn, Local 94, U:A,W. Rick Amling spoke to the Coun- cil of his concern that a newly-opened business in Dubuque is not strictly com- plying with the City Ordinance relative to unit pricing of each individual product designated for sale, and it is their belief that this Ordinance should be clarified and strictly adhered to, for the protec- tion of the consumer. Robert Huber of the U.A.W. also spoke relative to this matter and rein- forced the statements of Mr. Amling. Council Member Felderman moved that this concern be referred to Corpor ation Counsel. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 CouncilMembers ATTEST: City Clerk Regular Session, June 2. 1980 203 CITY COUNCIL OFFICIAL Regular Session, Juno 2, 1980, Council met at 7:30 P.M. (C.D.T.) Present-Mayor Farrell, Council Members Brady, Felderman, King. City Manager W. Kenneth Gearhart. Absent at Roll Call-Council Member Pratt. Mayor Farrell read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such business as may properly come before the Meet- Mayor Farrell extended appreciation to members of City Staff, namely Frank Murray, Steve Jepsen and Dan Ditte- more. for their preparation and presen- tation relative to the preliminary Henr- rags on Arterial 561. Proof of publication, certified Lo by the Publisher. of Notice of Public Hear- lng to vacate a portion of University and Ethel Avenues and dispose of real estate described as Lot A and Lot B in Mineral Lot 242 to Calista Ann Steger, present- ed and read. No written objections were filed and no oral objectors were present in the Council Chamber. Council Member Brady moved that the proof of publica- tion be received and filed. Seconded by Council Member King. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem. bets Brady~ Felderman King. Nays-None. Absent-Council Member Pra~ ORDINANCE NO. 37-80 AN ORDINANCE APPROVING THE VACATION OF REAL ESTATE DE- SCRIBED AS LOT A AND LOT B OF MINERAL LOT 242 TO CALISTA ANN STEGER. said Ordinance having been previously presented and read at the meeting of May 19. 1980. presented for final adoption. ORDINANCE NO. 37-30 AN ORDINANCE VACATING A POR. TION OF UNIVERSITY AVENUE AND ETHEL AVENUE. WHEREAS. Calista Ann Steger has requested the vacation of a portion of University Avenue and Ethel A venue in the City of Dubuque. Iowa. and WHEREAS. Barrels. LeMay, Haas. Fay ~nd Osborn Eng~neerzng Company has prepared and submitted to the City Council a plat showing the vacated per t~ons o! said streets and assigned numbers thereto, and which shall here- after be known and described as lot A and lot B of MineraI Lot 2~£ in the City of Dubuque. Iowa~ a~d WHEREAS. the City Council of Du~ buque. Iowa has determined that this street ~s no longer required for public use and the vacatwn of the portions of said streets known as lot A and lot B of Mineral Lot ~2 in the City of Dubuque, Iowa should be approved. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said real estate de- scribed as lot A and lot B of Mineral Lot RESOLUTION NO. 162.80 WHEREAS. pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph~ Herald. a newspaper of general circula tion, pnblished in the City el Dubuque, iowa on May 22.1980, the City Council el the City of Dubuque. iowa met on the 2nd day of June. 1980. at 7:30 o'clock P.M. (DST in the City Council Chum bets, City Hall. Dubuque County, Iowa to consider the proposal to dispose et in~ retest o1' the City of Dubuque Iowa in