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1980 July Council Proceedings256 Special Session, July 3, 1980 first few minutes which are very neces- sary to that particular area of the City, but stressed his belief that this station should be manned with the customary three men, rather than the proposed two. Council Member Felderman repeated his original motion to keep the Fire Sta- tion #5 open, utilizing the current budget limitations for manning the station; and conduct a six month evaluation of the two-moa staffing to determine ability to man and effectively and safely carry out mission of saving lives and property, Seconded by Council Member" Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Felderman, King, Pratt. Nays~Council Member Brady. Mayor ]~'arrell commented on the Beef Kill line closing at the Pack, stating that. these jobs are critical to City residents etc,, and that she has been meeting with the Dubuque Packing Co, management and labor representatives with the idea and hope that perhaps the City, via the Council, could extend some type of aid as to keep these jobs. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Fe]- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Regular Session, July 'L 1980 257 CITY COUNCIL OFFICIAL Regular Session. July 7. 1980. Council met at 7:30 P.M. (C.D.T.i Present. Mayor FarrelL Council Members Brady, Fsldermann, King, pratt. City Manager W, Kenneth Gear. hart. Mayor Farrell ~cad the cml and stated that service thereof had been duly maes and this is the REGULAR MONTHLY MEETING of the City Council called for t he purpose of acting upon such business as may property come before the Coun~ cit. Invocation was given by Reverend Edgar C. Kolfenbaeh from Sacred Heart Church. Proclamation declaring week of Aug us; 18, 1980 as "Mentally Handicapped Week" was read and so proclaimed by Mayor Farrell. Proof of Publication. certified to by the Publisher. of Notice of Public Hear- ing to rezone portionof Lot I of NW Va of SW ~h of See. 28 T89N, R21~J, from AG Agricultural District ~o C-3 Arterial Business/Commercial Distric;, presen;- ed and read No written objections were filed an~ Council Chamber at the time set for hearing, Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Fei derman. Carried by the following ye;e: Yeas-Mayor Farre]l. Council Meal bets Brady, Felderman. King, Pratt. Nays-None, ORDINANCE NO. 44.80 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF. ALSO KNOWN AS THE "ZONING OR. DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RE- CLASSIFYING THE HEREINAFTER DESCRIBED PROPERTY FROM AGRI. CULTURAL DISTRICT TO C.3 ARTERI. AL BUSINESS/COMMERCIAL DIS- TRICT. said Ordinance having been pre- viously presented and read at the Coun- cil Meetingof June 2.1980,preseated for fioal adoption. ORDINANCE NO. 44-80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA, PROVlDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONfNG ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING THE HEREINAF- TER DESCRIBED PROPERTY FROM AGRICULTURAL DISTRICT TO C-3 ARTERIAL BUSiNESS/COMMERCIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU. QUE. IOWA: Section 1.2'hat the Code of Ordina~m a~ of th~ City of Dubuque, Ionia h, a~nended by revising Appendix A there- of, also known as the "Zonin90rdin~rac~ and Zoning Map qf thc City of Dubuque, Iowa" to reclassify hereinaJ~er describ- ed property from "A G A gric~.ltural Dis. Business/Commercial District" to.wit. Lot 1 of the Northwest Quarter vi 254 Special Session June 17, 1980 Yeas-Mayor Farrell. Council Men~ bees Brady. Feiderman. King, Pratt. Nays-None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Special Session CITY COUNCIL OFFICIAL Special Session, July 3, 1980. Council met at 4:15 P.M. Present-Mayor Farrell, Council Members Brady, Felderman, King, Pratt. City Manager W. Kenneth Gear. heart, Mayor Farrell read the cai[ and stated that service thereof had been duly made and this meeting is called for the purpose of ad0pting a Resolntion authorizing the Mayor to execute a supplemental agree raent relating to grading activities for the 561 Facility across City Island and acting upon such other business as may properly come before the Council. Communication of City Manager sub- mitring Project Agreement to allow and permit the State to proceed with con- struction across City Island tying [n the Mississippi River Bridge on the east and Kerper Boulevard on the west, presenl- ed and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 204.80 NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor he hereby authorized to execute a supplemental agreement for the City of Dubuque iden- tified as Iowa DOT Agreement No. 80-12-059 relating to grading activities for the 561 Facility across City Island, the construction of a new Peosta Chan- nel Bridge and the removal of the exist~ lng P¢osta Channel Bridge. Passed, adopted, and approved this 3rd day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W, Prat~ Council Members ATTEST: Mary A. Davis City Clerk Council Member P'e[(ler~nali moved adoption of the Resolution. Seconded by Council Member Pratt. Carried hy the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None~ Petition of St. Columbgille's Parish Codncil requesting reconsideration on July 3, 1980 255 the closing of the Grandview Avenue Fire Station, presented and read. Council Member Felderman moved that the petition t~e received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Mrs. Orbn J. Conlon, of 927 Victoria Place requesting that. Fire Sta lion No. 5 at Grandview and Sryant Streets relnain open, presented and read. Council Member Felderman moved that the petition be received anti filed. Secor~ded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farreli, Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Council Member Feiderman moved that the City keep the Grandview Fire Station No. 5 open, utilizing the current budget limitations for ~nanning the sin- lion, and conduct a six month evaluation of the two-man staffing to determine ability to man and effectively and safely carry out mission of saving lives and pro~ perry. Discussion ensued as to the [easi bility of this plan, with Council Member Brady expressing the viewpoint thai a two-man station would be dangerous to the individual firefighters, and discuss- ed alternatives to keeping tlirec fire fighters on duty, rather than the sche duled two. Qhlef Donphy said {rhat i~lo stand=lcd operating procedures have been deice mined concerning a two man statien, though he is aware that other cities have successfully utilized a two man system. Council Member Pratt moved that the rules be suspended so that anyone who wished could address the Council. Sec ended by Council Member Brady. Car tied by the following vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Vern Schiltz of 718 Loretta Court stated that he had been in other cities that lied only a two-man station and it worked quite well; also he was of opinion that the station should be kept open at whatever the cost, because he feltr il was a necessary priority. Jbn Schreiber, President el the Pro fessional Firefighters Union, slated that there is not a standard operating proee dure for a two-man operation, and tha~ the Union strongly (!pposes ~wo man companies. Donald Deich of 2605 Washington stressed the opinion that the lire sta6on should be kept open, especially consider lng the emergency care given in those 256 Special Session, July 3. 1980 first few minutes which are very neces- sary to that particular area of the City, but stressed his belief that this station should be manned with the customary three men, rather than the proposed LWO. Council Member Felderman repeated his original motion to keep the Fire 8ta- tion #5 open, utilizing the current budge~ limitations for manning the station, and conduct a six month evaluation of the two-man staffing to determine ability ~o man and effectively and safely carry ou$ mission of saving lives and property. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman. King, Pratt. Nays-Council Member Brady. Mayor Farrell commented on the Beef Kill line closing at the Pack. stating that these jobs are critical to City residents etc,, and that she has been meeting with the Dubuque Packing Co. management and labor representatives with the idea and hope that perhaps the City, via the Council. could extend some type of aid as to keep these jobs. There being no further business. Council Member Pratt moved to ad- journ. Seconded by Council Member Fei- derman. Carried by the following vote: Yeas-Mayor Farrel]. Council Mem- bers Brady, Felderman. King, Pratt. Nays~None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Regular Session, July 7, 1980 257 CITY COUNCIL OFFICIAL Regular Session, July 7, t980. Council met at 7:30 P.M. (C.D.T.) Present;Mayor FarreB, Council Members B'rady, Feldermann, King, Pratt. City Manager W. Kenneth Gear- hart. Mayor Farrell feed the call and slated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for th9 purpose of acting upon such business as may properly cotoe before the Coum cfi; Invocation was given by Reverend Edgar C. Kolfenbach fi'om Sacred Heart Church. Proclamation declaring week of Aug- ust 18, 1980 as "Mentally Handicapped Week" was read and so proclaimed by Mayor Farrell. Proof of Publication, certified to by the Publlsher, of Notice of Public Hea~- lng to rezone portion of Lot 1 of NW % of SW Va of Sec. 28 T89N, R2E, from AG Agricultural District to C-3 Arterial Business/Commercial District, pcesent- ed and read. No written objections were fi~ed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Pcatt moved that the proof of publicatiou be received and 81ed. Seconded by Council Member derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. NaymNone, ORDINANCE NO. 44-80 r AN ORDNANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, SE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RE- CLASSIFYING THE HEREINAFTER DESCRIBED PROPERTY FROM AGRI* CULTURAL DISTRICT TO C-3 ARTERI. AL BUSINESSICOMMERCIAL DIB~ TRICT, said Ordinance having been pre- vi0usly presented and read at the Coun cil Meetingof J uno 2,1980,preser~ted for final adoption. ORDINANCE NO. 44.80 AN ORDinANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE 9ZON!NG ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUEi IOWA" BY RECLASSIFYING THE HEREINAF- TER DESCRIBED PROPERTY FROM AGRICULTURAL DISTRICT TO C-3 ARTERIAL BUSINESSICOMMERCIAL DISTRICT. BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Code of Ordinam> es of the City of Dubuque, Iowa be amended by revising Appendix A there of also known as ~he "Zoning Ordinance and Zoniny Map qf the City of Dubuque, Iowa" lo reclassify hereinafter desc~b- ell property from "A G Agricultural Dis- trict'' classification to "C-3 Arterial Business~Commercial District" to.wit: Lot l of the Northwest Quarter of the Southwest O~e. Quarter, Sectio*~ 28, Township 89 North, Range 2 East of the 5th Principal Meridia'~, bt the City qf Dubuque, Iowa except that parcel described as follows: Commencing at the northeast cor- ner qf the above lot, thence south 0 degrees ~2' - 09" East, 350 feet, thence southwesterly 415 feet, thence northwesterly 260feet to the north line of the above lot, thence 510 .feet alo~g the north fot~line to the point of beginning. 258 Regular Session. July 7.1980 Council Member Pratt moved final adoption o~ the Ordinance as amended. Seconded by Council Member Folder- man. Carried by the following vole: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Proof of publication, certified ~o by the Publisher, of Notice of Public Hear- ing to rezone by reclassifying portion of property in "Patricia Ann Acres" from P~-4 Residential District to R-2 Residen. tim District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt, Carried by the following vo~e: Yeas. Mayor Farrell. Council Mem- bers Brady, Felderman. King. Pratt Nays-None. ORDINANCE NO. 45-80 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY IN "PATRICIA ANN ACRES" FROM R.4 RESIDEN. TIAL DISTRICT CLASSIFICATION TO R-2 RESIDENTIAL DISTRICT CLASSI- FICATION, said Ordinance having been previously presented and read a~ the Council meeting of June 2,1980, presen~- ed for final adoption. ORDINANCE NO. 45.80 AN ORDINANCE OF THE CITY OF DU. BUQUE. IOWA. PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE. IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY IN "PATRICIA ANN ACRES" FROM R-4 RESIDEN. TIAL DISTRICT CLASSIFICATION TO R-2 RESIDENTIAL DISTRICT CLASSI- FICATION. NOW THEREFORE, BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinanc. es of the City of Dubuque, Iowo. ~ amended by rev~s;ng Appendi~ A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa,' to reclass~ly hereinafter de. scribed property from "R-} Residential District" classification" to "R-2 Residential District" classification to- wit: Lot 2 of Lot I of Lot I of Duggan Farm. Lot ~ of Lot I of Mineral Lot ~98 and Lot 2 of Lot 1 of Lot 1 of Min- oral Lot ~98 in Section 2 Township 88, Range 2East o] the 5th Principal Meridian: and part of Lot I of Lot I of Lot I of Duggan Far~a and Part of Lot 1 of Lot I of'Lot I of MineralLot ~98 in Sectiort 2 Township 88, Range 2 East of the 5th PrincipalMeridian. and mor( particularly described as follows: Beginning 25 feet East of the Northeast com~er~of Lot ~ of Lot I oJ Lot 1 of J~ineral Lot h98 and the cen- terline of Edwards D~bve. in Section 2. Township 88 North. Range 2 East of the 5th principal Meridian ~ the Cit~ of Dubuque. Iowa, thence South 4 degrees ~I feet East approximat~ l~ 690fee t along the centerline of Ed. wards Road: ~hence 85 degrees 19 feet West approximately 3~O feet to a point, thence North 52 degrees ~0 feet West approximately 230feet to a point: !hence North 38 degrees 19 fee t East approximately l 7O fee t to a point: thence North O~ degrees $1 feet West approximately 305 feet to a point: thence North 84 degrees 41 feet West approximately 35feet to a point: the*me North 01 degrees 18 feet East approximately 200feet to the South li~le o fLu t 4, Block 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of I)uggan Farm, thenc~ Easterly alone the South line of Lot ~. and Lot 5. and BIoek 2 and Lot 1.A Block 3 of Lot l of Lot I oJ Lot 2 qf Lot 1 of Duggan Farm to the centerline of Edwards Road: thence south O$ degrees 41 feet East approximately 210 feet along the centerlin~ o) fffdwards Road. to the point of beginning, all ly- ina in the Cit?t of Dubuque. Iowa Sonflon 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque. Iowa. Passed. adopted, and approved this 7th day of July, 1980. Carolyn Farrel] Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Regular Session, July 7, 1980 259 Published offieial]y in the Telegraph tterald newspaper this llth day of July, 1980. Mary A, Davis City Clerk It 7lll Council Member King moved final adoption of the Ordinance. Seconded by Connell Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bors Brady, Felderman, King, Pratt. Nays~None. Proof of publication, certified to by the Publisher, of Notice of Public Hear- ing to vacate an alley north of Kaufmann Ave., abutting Lots 7 & 18 of Subdivi- sion of Lots 104 and 166A in L.H. Lang- worthy's Addn., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the 'bearing, Council Member Pratt moved t hat t he proof of publication be received and filed, Seconded by Council Member Fei derman. Carried by the following vote: Yeas-Mayor Farrel], Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 46.80 AN ORDINANCE VACATING AN AL. LEY NORTH OF KAUFMANN AVE. NUE ABUTTING LOTS 7 & 18 OF THE SUBDiVi~ ON OF LOTS i64 and 166A IN L.H~ LANGWORTHY'S ADDITION IN "['HE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meeting of June 16, 1980, presented for final adoption. ORDINANCE NO. 46.80 AN ORDINANCE VACATING AN AL. LEY NORTH OF KAUFMANN AVE- NUE,.~BUTTING LOTS 7' & 18 OF THE SU BDIVISIO N O F LOTS 164 AN D 166A IN L.H. LANGWORTHY'S ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, Christopher A. and Mary Be th Smith have requested the va- cation of an alley north qf Ka~fman~ Avenue, abutting Lots 7 and 18 of the subdivision qf Lots 16~ and 166A in L, H, Langwortky 's addi~ion in the City of Du- buque, lowa and WHEREAS, Barrels, LeMay and Haas Engineering Company has pre. pa.ed and submitted to the City Council a pbzt showing the vacated alley and as. si!/ned lot nu'~bers thereto, and which shall hereafter be l~own and described as Lots 7A and 18A of Sub. of'Lots 164 and lgOA in L.H. Langworthy's Addi. lion in the City of Dubuque, Iowa; aml WHEREAS, the City Council qf Du. buque, Iowa has d~!temnined that this alley is nO brayer required for p'~blic use and ~he vacation of said alley known as Lots 7A and lSA of Sub, qf Lots 16~ and 166A in L.H, Langworthy's Addition in the City of'Dubuque, Iowa should be ap- proved. NOW THEREFORE, BE IT ORDAIN- ED BY THE CITY COUNCIL OF TttE CITY OF DUBUQUE, IOWA: Section 1. That said real estate described as Lots 7A and 18A of Sub. t~t' Lo ks 164 and 166A in L.H. Lang worthy Addition in Dubuque, Iowa be and the same is hereby vacated. Section 2. That the City Clerk be and she is hereby authorized and directed cause publication ufa notice of intent dispose of said real estate in a n~ anne r as prescribed by law. Section 8. That the conveyance ~J said lot to Christopher A. and Mary Beth Smith and the same is hereby ap proved upon payment ~f $100.00, a.d upon payment of publication and J¥1i~y Passed, adopted, and approved this 7th day of July, 19Sa Carolyn Fa~rell Mayor James E. Brady D. Michael King John L. Felderma', Michael W. Pratt Council Ment bors ATTEST:' Mary A~ Davis City Clerk Published officially in the Telegrap~ lIerald newspaper this l l th day of ,hdy, 1980. Mary A. Davis City Clerk It 7/11 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None~ RESOLUTION NO. 205-80 WHEREAS, pursuant to Resolution an(] published notice of time and place el hearing, published in the Telegraph lterald, a newspaper of general circula tion, published in the City of Dubuque, Iowa on Jnne 23, 1980, the City Council of the City o~ Dubuque, Iowa met on the 7th day of July, 1980, at 7:30 o'clock P.M. (CDT) in the City Council Chambers, City Hall, Dubuque County, Iowa to con- sider the proposal to dispose of interest of the City of Dubuque, Iowa in real es tale vacated portion of an alley north of Kaufmann Avenue, abutting Lots 7 and 18 of the Subdivision of Lots 164 and 166A in L.H. Langworthy's Addition in 260 Regular Session, July 7, 1980 the City of Dubuque, Iowa, now platted and known as: Lot 7A and Lot 18A of the Subdivi- sion of Lots 164 and 156A in L.H. Langworthy's Addition in tho City of Dubuque, Iowa to CHRISTOPHER A. AND MARY BETH SMITH; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the herein- above real estate to the above named Grantees; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQDE, IOWA: Section 1~ That the disposal of inter~ est of the City of Dubuque, Iowa in the vacated portion of an alley north of Kauf- mann Avenue abutting Lots 7 and 18 of the Subdivision of Lots 164 and 166A in L.H. Langworthy's addition in the City of Dubuque, Iowa, and which is now plat- ted and known as Lots 7A and 1SA of the Subdivision of Lots 164and 165A in L.H. Langworthy's Addition in the City of Dubuque, Iowa to CHBISTOPHER A. SMITH and MARY BETH SMITH be and the same is hereby approved for the sum of $100.00 plus publication costs and filing fees; that the conveyance shall be by Quit Claim Deed, and no abstract will be furnished by the City and that con- veyance shall be subject to and the City shall retain a perpetual easement unto itself, in, over and across said vacated portion of an alley North of Kaufmann Avenue for public utilities, located therein and right of ingress and egress to repair and maintain the same. S®cfioo 2. That the City Clerk be and she is hereby directed and authorized to deliver Deed of Conveyance conveying the above described real estate to the above named Grantees upon receipt of the purchase price in full. Section 3. TMt the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubu- que County Recorder and the Dubuque County Auditor. Passed, adopted, and approved this 7th day of July, 1980. Car61yn Farrell Mayor James E, Brady D. Michael King John L, Felderman Michael W. Pratt Council Members ATTEST: Mary A, Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the tollowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinanse by enacting new Sections 5-105.3 1), 2) and 7); 5-105,10 and Table 5-105.2 maximum number of C-3 off-premises signs and maximum number of C-4 ompremise signs, of Artief~ V in lieu thereof, to clari- fy the distinction between regulations for on-premise and off-premise signs, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO, 47-80 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SfiCTIONS 5-105.3, 1), 2) AND ?): 5-105.10 AND TABLE 5.105.2, MAXIMUM NUMBER OF C.3 OFF- PREMISE SIGNS AND MAXIMUM NUMBER OF C-4 ON.PREMISE SIGNS, OF ARTICLE V AND ENACT. lNG NEW SECTIONS 5-105.3, 1), 2) AND 7); 5,105.10 AND TABLE 5.105.2 MAXIMUM NUMBER OF C-3 OFF- PREMISE SIGNS AND MAXIMUM NUMBER OF C.4 ON.PREMISE SIGNS, OF ARTICLE V IN LIEU THEREOF, TO CLARIFY THE DIS- TINCTION BETWEEN REGULATIONS FOR ON-PREMISE AND OFF-PREM- ISE SIGNS, said Ordinance having been previously presented and read at the Council meeting of June 16, 1980, pre- sented for final adoption. 'ORDINANCE NO~ 47.80 !AN ORDINANCE OF THE CiTY OF DUBUQUE, IOWA~ PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTIONS 5-105~3, 1), 2) Regular Session. July 7, 1980 261 AND 7): 5.105.10 AND TABLE 5.105.2. MAXIMUM NUMBER OF C-3 OFF. PREMISE SIGNS AND MAXIMUM NUMBER OF C.4 ON-PREMISE SIGNS, OF ARTICLE V AND ENACT- lNG NEW SECTIONS 5.105.3, 1), 2) AND 7); 5.105.10 AND TABLE 5.105.2 MAXIMUM NUMBER OF C,3 OFF. PREMISE SIHNS AND MAXIMUI~ NUMBER OF C-4 ON-PREMISE SIGNS, OF ARTICLE V IN LIEU THEREOF, TO CLARIFY THE DIS. TINCTION BETWEEN REGULATIONS FOR ON.PREMISE AND OFF. PREM. ISE SIGNS. NOW THEREFORE, BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Uode of Ordinanc. es of the City of Dubuque, Iowa, be amended by revising Appendix A there- o], also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, [cwo'; by repealin9 Section 5-105.3. 1/ and 2/of Article V thereof, and enacting · new Section 5-105.3. 1! and 2l in lieu thereof, as follows: 5-105.3 "1l Maximum Area - the maxi- mum area shah be ti~e maximum cumula. tire area allowed for ali permitted premise signs displayed on the premise. 2) Maximum Number- the maximum nurabe~' shall be the maximum total number of permitted on-premise signs displayed on the premises. Each inte- gral structural unit displaying a un~fied infor~.ational content shall be counted as one s~gr~ except that a double.faced Section 2. That the Code of Ordinanc. es of the Uity of Dubuque. Iowc~ be a~nende d by revising Appendix A there- el, also known as the "Zonin§ Ordlnanc~ and Zoning Map of'the City of Dltbuque, Iowa". by repealing Section 5-105.3. 7t of Article V thereof, o~d enacting a ne~ Section 5~105..~. 7l of Article V in lieu thereof, as follows: 5~105.3 "7! The regulations o! ~ktble 5.105,2 are intez~ded to apply build,ny is located on a Ici. the total for the entire lot may be allocated in buildings contained on the lot. sub- ~ect to all other ~romsions of this Section. Itowever for such multiple by Table 5. I05.2 shall apply to eaeb Section 3. That the Uode of Ordi??anc es of the City of Dubuque, lowm be amended by revising AFpendix A there- el, also known as the "Zoning Ordinanc~ and Zoning Map of the City of Dubuque, Iowa", by repealing Section 5-105.10 of Article V thereof and enacting a Section 5~105.10 of Article V i~ lie~ thereof, as follows: "5-105.10 Signs on Multiple Fron- tage Lots Zoning lots which have separate frontages on more than one sire( including th?'ough lots and cyme? lots shall not display signs along any one street frontage t~ excess of thc bet permitted for that frovtage alone. Each frontaq~ is to be co~ sid. ered separately," Section 4, That the Code ¢.f Ordinan~ es of the City of Dubuque, Iowa be amended by revisin§ Appendix A there. of, also known as the "Zoning Ordlna~ce and Zoning Map of the City of Dubuqu~ Iowa", by repealinq Table 5-105.~ Maxi- mum Number of C-$ offipremise signs and C-4 on.premise signs, ~l Article thereof, and enacting new provisions oI Table 5-~05.2 M(rximum N~mber oI off-premise szgns avd Maximum Num~ ber of C-4 on-premise signs, of Article V in lieu thereof, as follows: Table 5-105.2 SCHEDULE OF COMPREHENSIVE SIGN REGULA TH)NS ZONING DISTRIC~ ALLOW ABLE CONTENT. MAXIM ~fM NUMBER C-& Off-Premise Signs, "Off-pre- m~se advertising devices shall be erected no closer than 100' to another off-premise advertising device fi~c- i~g in the same direction on either side of the roadway. ' C-4. O~-Premise Signs Isome as C. II. "l sign per each lO0'of J~onta(~e orfra,ction therew, nee ~o exceed signs per premise. ' Section 5, That the foregotng amend. me~t has heretofore been approved the Planning and Zoning Com~issiov the City of Dubuque Iowa Passed. adopted, and approved thi~ 7th day e~f July, 1980. Carolyn Farrell James E. l~rady D. Michael King John L. Pelderman Michael W, Pratt Council Mom bors A TTES ~' Mary A. Davis City Clerk Published ~lfficially in t~, Teleura.~, 262 Regular Session, July 7, 1980 Herald newspaper this 11th day of July, 1980. Mary A. Davis City Clerk It 7/11 Council Member King moved final adoption of the Ordinance. Seconded by Council Member Felderman. Carried by the folk,wing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Fetderman, King, Pratt. Nays-None. , Proof of pubfication, certified to by the publisher, of Notice of Public Rear- ing to amend the Zoning Ordinance by reclassifying certain property at the southeast corner of the intersection of Radford Road and Pennsylvania Ave. from "AG Agricultural District" to "C-2 Local Service Commercial District," presented and read, No wrttten objections were filed and no oral objectors were present in the Council Chamber at the time set for hearing. Council Member Felderman moved that the proof of publication be received and filed, Seconded by Council Member King, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, ORDINANCE NO. 48.80 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBiJQUE, IOWA,-B~ A~IE~NDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY AT THE SOUTH. EAST CORNER OF THE INTERSEC. TION OF RADFORD ROAD AND PENNSYLVANIA AVENUE FROM "AG AGRICULTURAL DISTRICT" CLASSI. FICATION TO "C-2 LOCAL SERVICE COMMERCIAL DISTRICT" CLASSIFI- CATION. said Ordinance having previ- ously been presented and read at the meeting of June 16. 1980, presented for final adoption. ORDINANCE NO.48-80 AN ORDINAN(~E OF TH~ ~ITY OF DU. BUQUE. IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE. IOWA BE AMENDED 8Y REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DE. SCRIBED PROPERTY AT THE SOUTH. EAST CORNER OF THE INTERSEC. TION OF RADFORD ROAD AND PENNSYLVANIA AVENUE FROM "AG AGRICULTURAL DISTRICT" CLASSI- FICATION TO "C.2 LOCAL SERVICE COMMERCIAL DISTRICT" CLASSIFI- CATION. NOW THEREFORE, BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Suction 1. That the Code of Ordinanc- es of the City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinofter describ- ed property from "A G Agriculturat Dis- trier' classification to "C-2 Local Ser- vice Commercial District' classifica- tion, to-wit: Commencing at the point of inter- section of the centerlines of Radford Road and Pennsylvania Avenue; thence southerly on the centerline of Red ford Road, a dis lance of one-thou- sand feet,, thence east a distance of one..thousand, two hundred feet; the~ce north a distance of approxi- mately one..thousand feet to the cen- terline of Pen~[sylvania Avenue; thence westerly along the centerline of Pennsylvania A venue, a distance of approximately one-thousand, two- hundred feet to the point of begin- ning; said line describing a parcel of approximately twenty-seven acres located in the northwest corner of the Northeast Quarter of Section 29, Township 89 North Range ~ East of the 5th Prinmpal Meridian in the City of Dubuque. Iowc~ Section 2. A llparties connec ted here- with acknowledge and agree' that the re- classification herein provided for is con- ditioned upon the acquisition of the pro- perty to the south hereof for Planned In- dustrial District purposes Section 3.7'l~at th~ foregoing ~?nend- ment has heretofore been approved by the Plannin9 and Zoning Comwission of the City of Dubuque. Iowa. Passed. adopted, and approved this 7th day et'July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Mom bors A2'TES~? Mary A. Davis Cit~ Clerk Published officially in the Telegraph HeraM newspaper this 14th day of July, 1980. Mary A. Davis It 7/1~ City Clerk Regular Session; July 7, 1980 263 Council Member Felderman moved final adoption of the Ordinance as amended. Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Parrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of publication, certified ~o by the Publisher, of Notice of Public Rear- ing to amend Zoning Ordinance by classifying property located east. of Red- ford Road, south of Pennsylvania Ave., and west of proposed Northwest Arteri- al from "AG Agricultural District" to "PI Planned Industrial District" con- taining approximately 137 acr~,s, pre- sented and read. No written objections were filed and no oral objectors were present at thc time set for the hearing. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. oRDiNANCE NO. 49.80 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY FROM "AG AG. RICU LTURAL DISTRICT" to"PI PLAN. NED IN DUSTRIAL DISTRICT". said Or- dinance having been previously presen~- ed and read at the Council Meeting of June 16. 1980, presented for final adop- tion. ORDINANCE NO. 49-80 AN ORDINANCE OF TH-I~'~l¥¥~ DUBUQIJE, IOWA, PROVIDING THAT THE CODE DF ORDINANCES. CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AB THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA". BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY FROM "AG AG- RICULTURAL DISTRICT" to"Pi PLAN- NED INDUSTRIAL DISTRICT". WHEREAS. LETNA Properties. as own~ r. and the City of Dubuq~te. as de- veloper, have filed ar~ application far classification of said property from "AG Ag?'icultural District" to "PI Planned Industrial District' in acco?'danee with the approvriate prov~swns of Appendix A ofth~ Code of Ordinances of the City of Dubuque. lowx WHEREAS. the Planningt and Zen- ing Commission has hem ~ Public He(ir lng on said application for zoni~g rechts- sifieation pursuant to required p~zblish- ed notice; and WHEREAS, the Planniny and Zon- ing Commission has approved said ap- plication for zoning reclassificatio~l thy found that said application confo~ s with applicable review standards; and WHEREAS, the Planni~tg and Zon- ing Commissio~ recommended the currence of the City Coi~ncil in approval of said applicatio?l for zo~ling reclassifi- cation; and WHEREAS~ the City Council has r~ viewed the recommendation of the Plan~ ning and Zoning Commission and held ~ts own public hearing on sai d ,ppli cation for zoning reclassification ant to required published ~mtice; and WHEREAS, the City Council has proved said application for zo~lil~g re~ classification. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code o/ Ordimmc- es of the City of Dubuque, Iowa, be a~nended by revising Appendix A there'- of, also known as the "Zoning Ordinance and Zoning Map of the City qf Dubuque, Iowa", bit re classiJ~ing from "AG A yri~ cultural District" to "PI Planned Indus trial District" the following described property, to wit: Covlmencin~ at a point on the cen- ler~llne of l~adl]~'d Road 1000 .feet south of its intersection with the centerline of Pennsylvania Aw thence east to a point 300fee t west of the east llne of Section 29, T89N R2E: thence south on a line parallel to and 300feet west o] the east line of Section 29. ~o its intersectio~ with the centertine of the Illi~iois Gulf Railroad right-~f, way; thence south- ely and westerly alovy said ce~zter. line of the Illinois GuU' Railroad reclassified subject to tke followirtg 264 Regular Session, July 7, 1980 em~/hrmity with the approved pre- liminary plans within twelve [.f~) months of the effective date of this Ordinance. fbi That use s permit ted in this par- tleular PI Planned Industrial Dis- trier shall be limited to those uses permitted i.~ tko LI Liyht Industrial District. (e) That the development, opera- tion and maintenance of uses in this district shall he conducted in confor- mance with the standards and regu- lations of the PI Planned Industrial District. rd] That any transfer nf ownership or lease of property in this district shall include in the transfer or lease agreement a provision that the pur- chaser or lessee agrees to be bound by the conditions authorizing the es- tablishment of this district. Passed, adopted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of July, 1980, Mary A, Davis City Clerk It 7/14 Council Member Felderman moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Fetderman, King, Pratt, Nays-None, Proof of publication, certified to by the Publisher, of Notice of Hearing on Pendency of Resolution of Necessity for 18th Street Fire Station Remodeling, presented and read. No written objections were filed and no oral objectors were present at the time set for hearing. Council Member King moved that the proof of publication be received and filed, Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. (Necessity for Improvement) RESOLUTION NO, 170.80 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the fin- provpment fei' the 18th Street Fire Station remodelling BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shah be deemed to have waived ali objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications Which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of making such improve- ment The above resolution was introduced, approved and ordered placed on file with the City Clerk this 2nd day of JUne~ RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted, as proposed, by the City Council this 7th day of July, 1980. Carolyn Farrel[ Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King me, ed final adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (DecleJ0n of Council upon objections to plans, specifications, form of contract and cost of improvements.) RESOLUTION NO. 206-80 WIIEREAS, proposed plans and spe- cifications and form of contract for the 18th Street Fire Station remodelling have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1979 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, Regular Session, July 7, t980 265 said time being this 7th day of July, ] 980; and WHEREAS. the City Council met ill regular session this 7th day of July, 1980. at 7:30 o'clock P.M. at the Council Chambers in the City Hail for the pur- pose of hearing ali interested parties and considering any and all objections which ha~e been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposnd to be made: and WItEREAS. all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and censtdered~ NOW THEREFORE lie IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That all objections which have been made and filed w the plans, specifica- tions, contract for or cost of said im- provement herein described and pro- 0oecd to be made, be and the same bore- by overruled and such plans, speciBca- tions and form of contract heretofore ap- proved are hereby adopted, BE IT FURTHER RESOLVED that this resolution eontainim~ the decision of this Council upon all objections which have been filed to tile ulans, specifica- ~ions and form of cost said improvemen~ connection with said imf cerement Passed. adopted, and approved this 7th day of July, f980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Feldermau Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt, Carried by the following vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Ordering Construction) RESOLUTION NO, 207-80 BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBU~ QUE, IOWA that pursuant to a Resolu~ tion of Necessity No. 170-80 which was duly passed by this Council for the 18th Street Fire Station remodelling, be and the same is hereby ordered constructed by this Council upon its own motion and wiih or without the petition of property All work shall be constructed in actor- dance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said imurove- merit be paid from the General Revenue Sharing and Community Development Funds, BE IT FURTHER RESOLVED lhat this resolution being deemed urgent and of IMMEDIATE NECESSITY shall he in force and effect from and after its passage and adoption by thc City Coun cfi. Passed, adopted, and approved .hi~ 7th day of July, 1980~ Carolyn Farrell Mayor James E. Braay D. Michael King John L. Feldcrman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King mow~d adop tion of the Resolution. Seconded hv Council Member PratL Carried bk til~ following ye;e: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman. King, Pratt. Nays-None. Proof of publication, certified to Iw the Publishe~. of Notice to Contractors for General Construction Work. Plumb ing, Heating Ventilating and Air-Condi tioning Work and Electrical Work for 18th Street Fire Station Remodeling. presented and read. Council Member King moved that the proof of pubfication be received ann filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell Council Mom bors Brady, Felderman. King, PratL Nays-None. Communication of City Manager re commending awarding con~rac;s for above project to Total Structures. Swift Plumbing and Iteating and Uhlrich Elec tric Company, presented and read~ Council Member King moved that the communication be received an~ fi[ed. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Farrell. Council Me~ bets Brady, Felderman. King, Prat~ Nays-None (Awarding Contract) RESOLUTION NO. 208-80 WHEREAS. sealed proposals nave been submitted by contractors for the 18th Street Fire Station remodelling pnrsnan; ;o Resolution No. 171-80 and notice to bidders published in a newspa per published in said City on June 5.1980 and June t9. 1980: and 266 WHEREAS, said sealed proposals were opened and read on June 26. 1980, and it has been determined that the bid of Total Structures, Inc. of Dubuque, Iowa in the amount of $59,770,00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plnns and specifi- cations; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above men- tioned improvement be awarded to Total Structures, Inc, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubu~ que for the complete performance of said work, BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the con;factors bond the City Treasurer ~s authorized and in- s~ructed to return the bid deposits of the unsuccessful bidders. Passed. adopted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem~ hers Brady, Felderman. King, Pratt. Nays-None. (Awarding Contract) RESOLUTION NO, 209-80 WHEREAS, sealed proposals have been submitted by contractors for the 18th Street Fire Station remodelling pursuant to Resolution No. 171-80 and notice to bidders published in a newspa- per published in said City on June 5.1980 and June 19. 1980; and WHEREAS. said sealed proposals were opened and read on June 26, 1980. and it has been determined that the bid of Uhlrich Electric Co. of Dubuque, lows. in the amount of $17,707.00 was the lowest, bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract tot the above men- Regular Session. July 7, 1980 tioned improvement be awarded Uhlrich Electric Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubn- que for the complete performance of said work. BE IT FURTHER RESOLVED. that upon the signing of said contract and the approval o! the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders~ Passed, adopted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feiderman. King, Pratt. Nays-None. iAwardlng Contract) RESOLUTION NO. 210.80 WHEREAS, sealed proposals have been submitted by contractors for the 18th Street Fire Starter remodelling pursuan~ to Resolution No. 171-80 and notice to bidders published in a newspa- per published in said City on June 5, 1980 and June 19, 1980: and WHERe]AS, said sealed preposMs were opened and read on June 26~ 1980. and it has been determined that the bid ~f Swift Plumbing and Heating Co., Inc. $45,843.00 was the lowest bid for the fur- nishing of all labor and materials and performing the work as provided for in thc plans and specifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contract for the above men- tioned improvement be awarded to Swift Plumbing and Heating Co., Inc. and the Manager be and he is hereby di the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, thai upon the signing of said contract and the approval of the contractors bond the City Treasurer be authorized and in- structed to return the bid deposits of the unsuccessful bidders. Regular Session, July 7, 1980 Passed, adopted, and approved this 7th day of July, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: i Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the tbllowing vote: Yeas-Mayor Farre]l. Council Mem- bets Brady, Felderman, King, Pratt. Nays~None. Proof of publication, certified to by the publisher, of Notice of Bearing on Pendency of Resohltlon of Necessity for construction of the Dodge Street at Devon Drive Traffic Signal Improve- ments, presented and read. No written objections were filed and no oral objectors were present at the time set for hearing. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt; Carried by the following vote: Yeas,Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Neoessliy for Improvement) RESOLUTION NO, 188-80 WIIEREAS, proposed plans, speeifi- cations and form qf contract have been .. dnly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the' City Clerk showing among other things the following: Iii Tha plan of such improvement (2) An estimate of the cost of the ira~ provement for the construction of the Dodge Street at Devon Drive Traffic Signal hnprovements; BE IT THEREFORE RESOLVED that the City Council on its own motien, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless prop~r- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to tho amount of the cost of the improve mast, they shall be deemed to have waiged all objections thereto. Said improvmnent shall be construct- ed and done in accordance with the plans and specifications which have been ap- proved by the .City Council and are now on file with the City Clerk. That the cost and expense of making said improve- 267 nent shall be paid fi'om Road Use Tax Funds and State Funds. The above resolution was introduced. approved and ordered placed on file with the City Clerk this 10th day of June, 1980. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council, this 7th day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop tion of the Resolution. Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Decision of Council upon objections to plans, specifications, form of contract and cost of improvements.) RESOLUTION NO. 211.80 WBEREAS. proposed phtns and spe~ clfications and form of contract for ~he construction of Dodge Street at Devon Drive Traffic Signal Improvements have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, i979, pertaining to public contracts and bonds, and the time and )lace fixed for the heal,lng of all objec- tions to said plans, specifications or eon- tract for or cost of such improvements, said time being this 7th day of July, ~ 980; and WHEREAS, the City Council met iu regular session this 7th day of July, 1980, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the put ~ose of hearing allinterested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herebl described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW TtIEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said provement herein described and propos 268 Regular Session. July 7, 1980 ed to be made. be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved arc hereby adopted~ BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record n connection with said improvdment.' ' Passed. adopted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor James E, Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Ordering Construction) RESOLUTION NO. 212-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU~ QUE, IOWA that pursuant to a resolu tion of necessity No. 188-80 which was duly passed by this Council for the Dodge Street at Devon Drive Traffic Signal Improvements. Be and the same is hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All work shall be constructed in accor- dance with the plans and speciBcations heretofore adopted and now on file in the office of the City Clerk, BE IT FURTftER RESOLVED that the cost and expense of said improve- ment be paid from the Road Use Tax Fund and State Funds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City Coun- cil. Passed. adopted, and approved this 7th day of July, 1980. Carolyn Farrel] Mayor James E. Brady D. Michael King John L, Felderman Michael W. Prati Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell, Council Mem~ hers Brady, Felderman. King. Pratt, Na~s-None. Proof of publication, certified to by the Publisher of Notice to Contractors of the Receipt of Proposals for construc- tion of above project, presented and read. Council Member King moved that the fp'oof of publication be received and lied. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt Nays-None. Communication of City Manager re- commending awarding of contract for above project ~o Westphal and Com- pany, presentea and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farre]l, Council Metn- bers Brady, Felderman, King, Pratt. Nays-None. fAwarding Contract) RESOLUTION NO. 213.60 WHEREAS. sealed proposals have been submitted by contractors for the construction of Dodge Street at Devon Drive Traffic Signal Improvements pur- suan~ ~o Resolution No. 189-80 and no- rice to bidders published in a newspaper published in said City on June 19. 1980: WHEREAS. said sealed proposals were opened and read on July 1. 1980. and it has been determined that the bid of Westphal and Company, Inc. of Dubu- que, Iowa in the amount of $17,564.75 was the lowest bid for the furnishing of all labor and materials and performing the wm'k as provided for in the plans and specifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUe. IOWA: That the contract for the above men- tioned ~mprovement be awarded ~o Westphal & Company, Inc. subject to the Iowa Department of Transportation concurrence and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said works. BE IT FURTHER RESOLVED. that upon the signing of said contract and the approval of the contractors bond the . City Treasurer is authorized and iw Regular Session, July 7, 1980 269 structed tor~turn the bid deposits of the uosuccessfut bidders: Passed, adopted, and approved this 7th day of J~fly, 1980. Carolyn F~rrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following roe: Yeas-Mayor FarreH, 'Council Mem- bers Brady, Fe]derman, King, Pratt. Nays-None. Proof of publication, certified to by tile Publisher, of Notice of Hearing on Pendency of Resolution of Necessity for construction of the Cooper Street Steps IAghting, presented and read. No written objections were filed and no oral objectors were present at the time of the hearing. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrefi. Council Mem- bers Brady, Felderman. King, Prati. Nays-None. (Necessity for improvement) RESOLUTION NO. 191.g0 , WHEREAS, proposed plans, specifi- catiqn8, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the ibllowing: (1) The'plan of such improvement (21 An estimate of the cost of the im- provement for the construction of the Cooper Street Steps Lighting BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the final eonsid. eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve merit, they shall be deemed to have waived ail objections thereto. Said improvement shall be construct- ed alld donein accordance with the plans and specifications which ha~e been proved by the City Council and are now on file with the City Clerk. That tl~e cost and expense of making said nnprove meut shall be paid from Community De velopment Funds. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 16th day of June, 1980. RECORD OF FINAL ADOPTION The foregoing resolution was finatl~ passed and adopted, as proposed, by the City Council this 7th day of July, 1980. Carolyn Farrel] Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Me~nber Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Menl bets Brady, Feldcrman, King, Pratt. Nays-None. Decision of Council upon objections to plans, specifications, form of con. tract and cost of improvements RESOLUTION NO. 214-80 WtIEREAS. proposed plans and spe eificatlons and form of contract for the construction of the Cooper Street Steps Lighting have been approved hy the Ci ty Council of the City of Dubuque and ~ublie notice given as provided by Chapter 384 of the Code of Iowa, 1979, pertaining to public contracts and bonds, and the timb and place fixed l'or the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time i~e lng this 7th day of July, 1980: ami WHEREAS, the City Council met in regular session this 7th day of July, 1980, at the Conned Chambers in th~ City Hall for the pm'pose of bearing interested parties and considering any and ali objections which have been fi[cd to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed lo be made; and WHERI;~AS, all interested parties have been given an opportunity to by heard and all objections which have been duly weighed and considered; NOW TttEREFORE BE IT RESOLV ED BY TIlE CITY COUNCIL OF Tile CITY OF DUBUQUE, IOWA: That all objections which have been made and filed to the plans, specifics tions, contract for or cost of said im ~rovement herein described and propos- ed to be made, be and the same herchy 270 Regular Session, July 7, 1.980 and form of contract heretofore approy- ed are hereby adopted. BE IT FDRTttER RESOLVEI) that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement connection with said improvement. Passed, adopted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michae~ Kfilg John L. Felderman Michael W. Pratt Council Members ATq'EST: Mary A. Davis City Clerk adoption of the Resolution, Seconded by Council Member Pratt. Carried by thc following Yeas~Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt, Nays-None. (Ordoring 3onstruction) RESOLUTION NO. 215-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBII- QUE tl~lat pt;rsuant to a Resolution of Necessity No. ~91-80, Which was~duly passed by this 0ouncfl for the construe- tion of the Cooper Street Steps Lighting be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improve- meat be paid from Community Develop- ment Funds. BE IT FURTHER RESOI,VED that this resolution being deemed urgent and of immediate necessity shall be in force and effect fi'om and after its passage and adopt on )y the City Council. Passed, 'adopted, and approved this 7th day of July, ~980. Carolyn Fsi'cell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTES'r: Mary A. Davis City Clerk Council Member Fclderman moves adoption of thc Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays None. Proof of publication, certified to by he Publisher of Notice to Contractors of the Receipt of Proposals for construe- tbm of above project, presented and Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrel/, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Commnnicalion of City Manager re- commending awarding of contract for above project to Eichman Electric Co., presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried hy the foSowing vote: Yeas. Mayor Farrell, Council Mel~I- bors Brady, l%lderman, King, Pratt, Nays-None. (Awarding Contract) RESOLUTION NO. 216.80 WttEREAS, sealed proposals have been submitted by contractors for the construction of Cooper Steps Lighting pursuant to Resolution No. 192-80 and notice to bidders published in a newspa- per published in said City on June i9, 1980; and WHEREAS, said sealed proposals were opened and read on July 1, 1980, and ii. has been determined that the bid of Eichman Electric, Inc. of Dubuque, Iowa in the amount of $5,805,09 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for iu the plans and specifica- tions; NOW TItEREFORE BE IT RESOLV- El) BY TIlE CITY COUNCIL OF THE CITY OF DUBUQDE, IOWA: Tha! the ~,ontract for the above men- tioned improvement beawardedto Etch- ma, Ebxiric, Inc. and the Manager be ami he is hereby directed to execute a contract on behalf of the City of Dubu- que fox' the complete performance of said worh. Bi,] IT FURTHER RESOLVED, that upon the signing of said contract and the ai~proval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Regular Session, July 7~ 1980 271 Passed, adopted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Darts City Clerl~ Coua(dl Meulber Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried bY the following vote: Yeas-Mayor F~trrelt; Council Mean.. bors Brady, Felderman, King, Pratt, Nays-None; Petition of Jim H. Houtz, President of Cycare Systems, Inc. requesting the City to approve an "Inducement Resolw ties for Industrial Bonds" for the pur pose to purchase addition computer equipment, presented and read. Council Member King moved that this petition be referred to the meeting of July 21. t980. Seconded by Council Mem bar Felderman. Carried by t~e following Yeas-Mayor Farrell, Council Mem- bets Brady, Felderman, King, Pratt. Nays-None. ~0h~mffhl~-a~t~'~f )~tt~rhey Quann, on behalf of Rick Kreiman, relative to de- nial to his client to obtain an R.N. degree a~ N,I.T.I. by using trade work time, pre- sented and read, Council Member Brady moved that the communication be referred to the masting of August 4, 1980. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- commending Mi', Kreiman's request for trade time be denied, presented and read. Council Member Brady moved that the communication he referred to the meeting of August 4, 1980. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarreB, Council Mom- bars Brady, Felderman, King, Pratt. Nays-None. Communication of Civil Defense Di- rector requesting to address Council rel- ative to e×ter~sion of current Mutual Aid Agreement, presented and read, Council Member Feldcrman moved that the communication be received and . filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrelt, Conrail Mem. bors Brady, Feldermaa, King, Pratt. Nays~None. RESOLUTION NO. 211.80 In Support of the Dubuque County/ Municipal Mutual Aid Agreement. WHEREAS, the City Council of Dn buque, Iowa, re?ognized the need to pro- ¥ide for mutual aid and assistance be tween Dubuque County, and the City of Dubuque, Iowa, and between the City of Dubuque, Iowa, and the other municipal tries in Dubuque County, in the event of natural disaster, enemy attack, civil dis~ turbance, of other emergency; and WHEREAS, toward that end there has been prepared a County/Municipal Mutual Aid Agreement in accordance with Chapters 29C and 28E of the Code .of Iowa, 1979) as amerided, a copy of which agreemhnt is attached hereto, and WHEREAS, the State Office of Disas- ter Servieds has recommended adoption of this type of Agreement; NOW THEREFORE BE IT RESOLV. ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That said Agreement is approved, that the City of Dubuque, Iowa, wishes to participate therein and that the Mayor is authorized and directed to exe- cute said Agreement on behalf of the City of Dubuque, Iowa. ADOPTED this 7th day of July, 1980. Carolytl Farrell Mayor Mary A. Davis City Clerk Council Member Felderman moQed adoption of thc Resolution. Seconded by Council Member Pratt. Carried by the Iollowing vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. Communication of Planning and Zen lng submitting proposed zoning amend meats establishing a C-7 Commercial District, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Folder man. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays~None. AN ORDINANCE Amending the Code of 0rdinanees by providing that ,he Code of Ordinanees, City of Dubu que, Iowa be amended by revising Ap- pendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque,Iowa" by enacting a new section 101.L4.7 of Article I adding C~7 Ceneral Service and Wholesale Cum mereial District to the List of Commer 272 Regular Session, July 7, 1980 rial Districts established by the Ordi- nance: and further, by enacting a new section 4-122 of Article IV, creating the Co7 General Service aud Wholesale Com- mercial District, prescribing therein, a General Statement of Intent, Principal Permitted Uses, Accessory Usesl Condi- tional Uses, Prohibited Uses, Schedule of District Regulations, and District Standards: and further, by repealing certain provisions of Section 5-i04.4 Schedule of Off-street and loading space requirements adopted and enacting new provisions tbereot regarding parking space requirements for wholesale sales or storage facilities: and further, by amending section 5-105,2 schedule of comprehensive sign regulations adopted to provide regulations for signs in the C-7 General Service and Wholesale Com. mere[al District, presented and read, Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman, Carried by the following vote: Yeas-Mayor ForteS, Council Mem- bers Brady, Feldernmn, King, Pratt. Nays-None. Council Member Pratt ~noved that the rule requiring an Ordinance to be recciw ed and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas~Mayor Farrell, Council Mere bars Brady, Felderman~ King, Pratt. Nays-None. Council Member Pratt moved that a Public Hearing be held on the Ordinance on August 4, 1980 at 7:30 o'clock P.M. in the Council Chamber at the City Hail and that the City Clerk be instructed to publish notice of the Hearing in the man- ner requb'ed by law. Seconded by Coun- cil Member Felderman. Carried by the following vote: Yeas Mayor Farrell, Council Mere bars Brady, Felderman, King, Pratt. Nays~None. Communication of City Manager re~ commending George Connelly be grant- ed an extension to November 1, 1980 to repair structure at 1750 Miller Road presented and read. Council Member Brady moved that the communication be received and flied and the recommendation approved. Sec- onded by Council Member Pratt. Car- tied by the following vote: Yeas. Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Corem un[cations of Iowa State Histor- ical Dept., Dubuque County ttistorical Society and Historical Preservation mission supporting buildings known as Blackaeres Property (located at 42544[ and 445 N. Bluff St.) to be declared of historical and architectural significance, presented and read. Council Member Pratt moved that the communications be received and filed. Seconded by Council Member Felder- man. Carried by the lollowing vote: Yea~-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, A RESOLUTION declaring proper- ties known as Blackacre Property,locat- ed at 425-441 and 445 N. Bluff Street to be of historical and architectural signifi- cance, presented and read. Council Member Pratt moved that the Resolution be set for Public ftearing on July 21,1980. Seconded by Council Mem- ber Felderman. Carried by the following Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Communication of City Manager sub- mitring proposed Economic Services Agreement between the City and the Dubuque Area Chamber of Commerce, Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man, Carried by the following vote: Yeas Mayor Farrell, Council Mem- t~ers Felderman, King, Pratt. Nays-Council Member Brady. RESOLUTION NO, 218.80 ' WHEREAS, the City of Dubuque, Iowa, has negotiated with the Dubuque Area Chamber of Commerce to provide purpose of aiding the City of Dubuque to nity by encouraging private sector de- velopment which produces jobs for the unemployed and expands job opportuni- WHEREAS, a copy of said Agree- ment is hereto attached and by refer- NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: ~e~t]on 1. That the Agreement I~y and between the City of Dubuque~ Iowa, and the Dubuque Area Chamber of Cum- metre be and the same is hereby approv- Section 1. That the Mayor and the City Clerk, be and they are hereby au- and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Regular Session, July 7, 1980 273 Passed. adopted, and approved this 7lrh day of July, i980. Carolyn Farrel] Mayor D. Michael King John L. Felderman Michael W. Pratl Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt rnoved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mere bars Felderman. King, Pratt. Nays-Council Member Brady Communication of City Manager re- questing authorization to enter agreement with Carl Walker and Assort ares to conducl a structural evaluation of the Locust Street Ramp, presented and Council Member Pratt moved that ;he communication be received and filed and authorization approved. Seconded by Council Member Felderman. Carried b~ the following vote: Yeas-Mayor Farrell. Council Mere bars Brady, Felderman. King. Pratt. Nays-None. Communication of City Manager re- questing a Budget Amendment in amount of $48,640.00 for certain Airport Capital Improvements, presented and read. Council Member Prat~ toured that the communication be received and filed an(] amendment approved. Seconded by Council Member Brady. Carried by the fo]lowing vote: Yeas-Mayor Farreil Council Mem- bers Brady, Feiderman. King, Pral [, Nays-None. Communication of City Manager commending denial of Carl Burbach et al petition for sanitary sewer ex~cnsmn' presented and read. Council Member Brady moved to sus pend the rules to let anyone present ad dress the Council if they so desire. See ended by Council Member Felderman. Carried hy the following vo~e: Yeas-Mayor Farrell. Council Mem bars Brady, Felderman. King~ Pratt. Nays-None. Mr. Carl Burbach addressed the Coun- cil and requested lhat the petition be re ferred back to the City Manager for fur tber information: Their public health problem is with open ditch in area, Council Member Brady moved thai the communication be received and filed and referred to the City Manager for an ewers to questions regarding delicien airs. benefits conferred, value of land. health problems and alternatives. See ended by Council Member Pra~. Car tied by the following vo~e: Yeas-Mayor Farrel]. Council Mere tmrs Brady, Felderman. King, Pratt Nays~None. Communication of City Manager for purchase of real es;a~e. Radford In dustrial CenteL presented and read. Council Member Felderman moved filed. Seconded by Council Metal er Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mcm bars Fe]derman. King, Ih'att Nays-Council Member Brady. RESOLUTION 219.80 A Resolution Authorizing Acceptance of au Agreement to Purchase Real Estate for the Radford Industrial Cen~ WtIEREAS. the City of Duhuq~e, pursuant to Grant Agreement No. B 79 MC49-0004. has been authorized by includes among other things the acqms~ tion of certain rea] property Ior the de ford Road: and WHEREAS. in accordance with the federal Uniform Relocation Assistance and Real Property Acquisition and Rent Property Acquisition Policies Act inde- pendent appraisals and staff review o[ said appraisals o~ the real proper~y hereinafter described have been pre- pared by thc City of Dubuque: and WttEREAS. the proposed acquisition dorsed by the Community Development Commission: NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF TRE CITY OF DUBUQUE, iOWA: Section1 1. That the Citv Manager m~ and he is hereby authorized and directed real estate, hereto at ~ached and Marked Exhibit A. and to do any and all things necessary and requisite, including Lhe affixing in the City Seal to certain instr u- men;s. ;o acquire fee simple title in following described parcels m real es tote, according to the Uniform Reloca Acquisition Policies Act: Owner: [,ETNA Properties. a Wis County, Wisconsin, Legal Description: The Northeast Quarter: Northwest Quarter of the Southeast Qtmrter; Lot I of the Northeast Quarter of Lbe Southeast Quarter: and Lot 3 of I,ol 1 274 of the Southwest Quarter of the Southeast Quarter; all in Section 29. in Township 89 North, Range 2 East of the 5th P,M,, in Duhuqne County, vey and the recm'ded plats of the re spective subdivisions, except a par- cel of approximately 28 acres located on the Northwesl corner of the pro- with approximately 1000 feet front- age on Radford Road and approxi- merely 1200 feet frontage on Penn- BogUon 2. That it is hereby found and determined that the appraisals and ap- tent manner as required by the policies and regulations of the Department of Housing and Urban Development. BorUon 3, That the acquisition price and other considerations reflected in the Agreement to Purchase Real Estate. hereto attached as Exhibit A. are not less than the fair market value of the property as determined by the appra~s Passed. adonted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk adoption of the Resolution. Seconded by Council Member Felderman. Carried hy Yeas-Mayor Farrell. Council Mem- bers Felderman. King. Pratt. Nays*Councll Member Brady. Communication of City Manager re~ commending establishment of non-profit corporation as co-sponsor of Radford In dustrial Center, presented and read. (Articles of Incorporation of Dubuque In Future. Inc, attached) Councl] Member Pratt moved that the communication be received and filed and establishment of Corporation to be named DUBUQUE IN FUTURe. INC. approved and further that Mr. Brady's name be deleted from the Corporation and Mr. Michael W. Pratt's name be sub- stituted instead of. Seconded by Council Member Felderman. Carried by the fei- Yeas-Mayor Farrell. Council Mem- bers Felderman, King Pratt. Nays~Council Member Brady. Communication of Transit Board sub- mitting their Resolution suggesting con- Regular Session, July 7, 1980 Iideration be given to allow city em- loyees and Civil Service Employees the pportun~ty to ride Keylino buses on ornnd wnrk days I'~,~, DrOpout,ed in~d t!ad, Council Member Felderman moved that the communication be referred ;o the Transit Board for further clarifica- tion re: Cost impact on City and why and how single out City and Civil Service Employees. Seconded by Council Mem- ber Pratt. Carried by the following vo;e: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays~None. AN ORDINANCE authorizing Strub Construction tc construe; a canopy ar Kopple's Market at 1098 University, presented and ream Council Member Feldcrman moved that the Ordinance be referred ~o the City Manager for recommendation. Sec- ended by Council Member Pratt. Car- ried by the following va;e: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King. Pratt. Nays-None, ORDINANCE NO. 50-80 AN ORDINANCE AMENDINQ ORDI- NANCE NO. 72-79 PROVIDING THAT A SIX MONTH EXTENSION OF TIME BE GRANTED TO THE DEVELOPER, H.R.W. ASSOCIATES, WITHIN WHICH TO SUBMIT A FINAL DEVEL- OPMENT PLAN FOR THE HEREIN- AFTER DESCRIBED PROPERTY. said Ordinance having been previously pre- sensed and read at the meetings of June 2. ~980 and June 16. 1980. presented for final adoption. ORDINANCE NO. 50-80 ORDINANCE AMENDING ORDI- NANCE NO. 72.79 OF THE CITY OF DUBUQUE. IOWA WHEREAS. the City of Dubuque, Iowa has heretoJbre adopted Ordinance No. 72-79 providing that the Code of Or- dinances City of Dubuque, Iowa. be amended bu revising Appendix A there- of, also known as the "Zonin§ Ordinance and Zoning Map of the City cf Dubuque, Iowa, "by reclassifying propertn herein. after described £rom "C-3 Arterial Busi- ness Commercial District" to "C-6 Plan- ,~ed Commercial District'. and WHEREAS. the property reclassi- fied by Ordinaz~ce No. 72-79from "C-3 Arterial Busive ss Commercial Dis trier ' ~o "C-6 Pla.n~ed Commercial District" Th~ Westerl~ 230, O feet af Lot 1 o/ Lot 1 of Lot i afLot 3, the Westerly 230. O feet of Lot Y~. Lot 5. Lot I of Lot 6. Lot 2 cf Lot 6 and Lot 1 af Lot Z all in Block 21A in "Keu Knolls Subdivi- swn' and all of the right-of-way of RegUlar Session, July 7, 1980 275 Kennedy Circle, all in the City of Du- buque, Iowa; c~nd WHEREAS, the reclassification of the above described property fi'om "C.3 A rteviaI Business Commercial District " to "C-6 Planned Commercial District "is a tentative reelassific.,ation subject to the requirements of Section 4-110.11.3 af the Code of Ordina~we, Appendix A thereaf, also known as the "Zoning Ordi~ ~tnces and Zon!n,g Map of the City of Dubuque, Iowa which provides ihat the final adoption af said reclassification is contingent upon th~ submisMon afa FinaI Development Plan by the develop- er within six (6/months of the efJhctive dat~ of O~dlnance 72.79; and WHP~'REAS, i~ accordance with the provisions Of Section 4-110.11.3 of the Code of Ordinances, Appendix A af the City of Dubuque, Iowa, the developer has r~quested an extension of time for a period of six f6)' months within which to submit a Final Development Plan; and WHEREAS, the City Council, good cause show~ has determined that the developer should be granted an addi- tional six f6) months within which to sub- mit the Final Development Plan as re- quired by Section 4-110.11.3 of the Code of Ordinances, Appendix A thereof, the City cf Dubuque, NOW TH~*REFORE BE IT RE. SOL VED BYTHE CITY CO UNCIL OF THE CITY OF DUBU@UE, lO WA: Section 1. That the request af the de- veloper, H.R. W. Associates, fo~ a six month extension of time within which to submit a Final Development Plan the ~bllowing described property, wit: The Westerly 230. Y feet af Lot I of Lot 1 of Lot 1 of Lot Y, the Westerly 2$O. O feet af Lot 4, Lot 5, Lot 1 of Lot 6, Lot ~ af Lot 6and Lot 1 of Lot 7, all in Block ~IA in "Kc y KnolLs Subdivi- sion'' and all of the right-ofiway of Kennedy Circle, all in the City af Dubuque~ Iowa is hereby approved. Section 2. That Section 2 of Ordi- nance No. ~2-79 of the City af Dubuque, Ia wa be and the same is he re by amended by providing that i he reclassiflcatio., af the property described in Section 1 hereaf is contingent upon submission of a Final Development Plan by the devel- oper not later than December 3, 1980 and, further, that failure by the devel~ oper t° comply with such requirement as herein set forth ~hall automatically revert said property to its ]briner "C-3 ArteriaI Business Commercial District ' classification. D. Michael King ,b~hn L. Felderman Michael W. Pratt PubliShed officially in the Telegraph tt 7/15 Yeas-Council Members Felderman. Nays-None. Yeas-Mayor Farrell, Council Mere MeGinnis d/b/a Bistro requesting trans presented and read. 276 Regular Session, July 7, 1980 Yeas-Maym' Farrell, Coune{i Mem- bers Brady, Felderman, King, Pratt~ Nays-None. RESOLUTION NO, 220.80 BE IT RESOLVED, By the City of Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dui)u- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City, Andresen's United - 229 8th Ave. John C. Andresen Pipe Inn - Kenne- dy Mall. Astgen's Foods Ltd. Oky Doky #11 -- 1101 Rhomberg Ave. William J. Baum- 500 Rhomberg Ave. Dale Bradley - 1091 Main St, Leonard T. Burke -- 1445 Central Ave. Dubuque Sales & Service - 2612 Dodge St. Dubuque Yacht Basin, Inc. - 1630 E. 16th St. Fenelon's Market - 2528 Central Ave. Hy-Vee Food Stores, Inc. -- 3333 As- bury Road. Iowa Inn - 125 West 9th St, The Magi Tavern - 1064 University Ave, Merchants Hotel - 304 Main St. Morette "76" Service - 3198 Central Ave. Montgomery Ward & Co. - 555 John F. Kennedy Rd. Mr, Steak - 2660 Dodge St. John W. Noonan - 1618 Central Ave. Pusateri Peppe Pizza - 2400 Central Ave. Wayne Paul Schollmeyer - t70 Lo- cust St. Shot Tower Inn -- 4th and Locust Streets, South End Beer Store - 139Locust SL Trausch Baking Co. -. 25 Main St. Union Cigar Store - 336 Main St. The Bistro - 951 Main St. James J. Birkett -- 55 Locust St~ Creslanes, Inc. - 255 S. Main SL Marc's Big Boy - Dubuque ~ 2600 Dodge St. Gary Oberbroeckling - 1899 Rock~ dale Road. Daniel and Thomas Smith - 2417 Rhombm'g Ave, Passed, adopted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Mich~el King ~ John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolutiom Seconded by CouneS Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, RESOLUTION NO. 221.~0 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEEEF()RE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Capital Company (Also Sun- day Sales) - 1500 John F. Kennedy Kd. DO II Dennis SIowey & Peter Oi4h (AIs~ Sunday Sales) - 1895 Kennedy Rd. CLASS "C" BEER pERMIT Dennis Albert Althaus (Also Sunday Sales) - 25 Ruby St. John George Miller, Sr. (Also Sunday Sales) - Riverview Park. Passed, adopted, and approved this 7th day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L, Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 222-80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comp y with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; Regular Session. July 7, 1980 NOW THEREFORE BE IT RESOLV- ED BY THE ~ITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized ~o cause to be issued to the following named applicants a Liquor License. CLASS "S' (MOTEL HOTEL) SEER AND LIQUOR LICENSE [Ioffman l-louse Restauran;s. Inc, (Also Sunday Sales) - 3100 Dodge St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James J. Birkett -- 55 Locust St. Parochetti Enterprises. Inc. -- 2600 Dodge St. Fischer Bowling Lanes (Also Sunday Snips) - 880 Locust St. Thomas ~ Daniel Smith - 2417 Rhomberg Ave, Creslanes Bowling, Inc. ~Also Sunday Sales} - 255 S. Main St. Passed~ adopted, and approved this 7th day of July, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L, Felderman Michael W, PraU Council Members ATTEST: Mary A. Davis City Clerk Council Member King moves adop- tion of the Resolution. Seconded ay Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrel] Council Mem- bers Brady, Felderman. King Pratt. Nays-None. MINUTES SUBMITTED ~- Airport Commission of 6-17: Dock Commission of 5-29, 6-4: Five Flags Commission of 6-17: Historic Preservation Commission of 6.12; Human Eights Commission of 5-14: Planning and Zoning oi6-5.6-11 and 6-18: Playground and Recreation Commission of 6-9: Transit Board of 6-12. 5-8.6..13 and the Earnings Statement fur April and May; Housing Commission of 6d7: Park Board of 6-13, presented and read. Council Member King moved that the minutes be received and filed, Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager sun- mitring monthly repor;s o~ ~he Ciy Treasurer and Finance Director. and Iisi of claims of Month of May, 1980, present ed and read. Council Member E ag moved that the communication be r, ceived and filed. Seconded by Counci Member Felder man. Carried by the Iollowing vote: 277 Yeas~Mayor Farrell. Couucil Mere hers Brady, Felderman. King, Pratt Nays-None. Proof of publication, certified ;o ~y the Publlsher. of List of Receip;s and Ex penditures for month of May, 1980, pre sented and read. Council Member King moved that th(, proof of publication be received and filed. Seconded by Council Member Fel~ derman. Carried by the following vote: Yeas-Mayor Farrell. Council Mcm bets Brady, [%lderman. King, Pratt. Nays-None. Petition of K of C requesting to solicit funds in their Tootsie Roll Candy Drive from August 22~ to Au~;, 24. for the men- tally handicapped, presented and read. Council Member King moved that the petition be referred to the City Manager for implementation. Seconded by Coum cil Member Felderman. Carried by the following ye;e: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. REFUNDS REQUESTED -- Resur- rection Men's Service Cblb $225.00 on tme×pired beer permit, discontinncd business on June 23.1980: Gerald Kirch- berg, $422.50 on unexpired IAquor Li- cense, discontinued business on May 31 1980: Kay-Way, Inc.. $1§0.00 on unex- pired Class "C" Beer Permit. discontinu. ed business on June 28. 1960. presented and read, Council Meinber King moved thai the requests be approved and City Auditor directed to issue proper warran;s. Sec ended by Council Memi)er Felderman. Carried by the following ye;e: Yeas-Mayor Farrell. Council Mem- bers Brady, Fclderman. King, Pratt. Nays-None. NOTICES OF CLAIMS - Kenneth 1. Moore in amount of $50.000 for as sault, assault affd battery false arrest. false imprisonment and malicious prose. cution on May 11, 1980; Notice of Suit from Maynard J. Johannsen fer moped damages done on July 'L 1978 on 32nd Street in amount of $20,000: Notice i¥om Civil Aeronautics Board of an applica- tion from Mississippi Valley airlines re 0uesting exemption for the 60- and 90-day notice requirements of suspen- sion of ali service at Des Moines, hi.: Notice' of Teleprompter Corp. re0ues;- ing that petition for special relief filed b. KDUB-TV Inc. be denied reques;,ing continued network non-duplication pro- ;err,Ion against s~gnificantly viewed sig ual; Notice of Claim of Terry Barnhart in est. amount of $860.00. for personal in juries, presented and read. Coonc Member King moved that the claims, suits and notices be relerred to 278 Regular Session, July 7, 1980 the Corporation Counsel for investiga- tion & report. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communications of Corporation Counsel recommending denial et person- al injury claim of Robert Greiner, denial of motorcycle damages claim of Thomas J. Sanders, denial of personal injury claim of Randy J. Winders, presented and read. Council Member King moved that the communications be received and filed and denials approved. Seconded by Council Member Felderman. Carried by the following vote: Yeas~Mayor FarrelL Council Mem~ bets Brady, Feldermam King. Pratt. Nays-None. Communication of Corporation Coun~ scl recommending settlement of car damage claim of Kenneth Capesius in amount of $30.85, presented and read. Council Member King moved that the communication be received and filed and settlement approved. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Communication of City Manager re- questing Mayor be authorized to sign agreement with the State Dept. of Health to provide Home Health Services to the elderly and Homemaker Home Aid Services within the community, pre- sented and read. Council Member King moved that the communication be received and filed and authorization approved. Seconded by Council Member Felderman, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Pratt. Nays-None. Communication of City Manager sub- mitring Resolution authorizing request for release of funds fur"Operation Paint- brush," a free exterior paint program for eligible homeowners, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Pratt, Nays-None. RESOLUTION NO, 223.80 Authorizing Submission of a Request for Release of Funds for a Certain Community Development Block Grant Project. WHEREAS, the City of Dubuque, in conformance with the Environmental Review Procedures Ior the Community Development Block Grant Program, completed an Environmental Assess- meet of the following identiBed pro- posals (projects) with Community Deveb opment Block Grant funds; and "Operation Paintbrush" -- a free terior pain~ program for eligible home- WHEREAS, pursuant to Resolution No. 201-80, adopted June 16,1980, Public Notice of a"Finding of No Significant El- ect on the Environment" for the propo scl (project) was published June 17,1980, in the Dubuque Telegraph Herald, a newspaper of general circulation, and ~rovided for a public comment period until 12:00 noon, Monday, July 7, 1980; and WHEREAS, Public Notice of a "Find- ing of No Significant Effect on the Envi- ronment'' for the proposal (project) was sent by regular mail to various federal, state, and local public agencies and to the local news media, individuals and groups known to be interested and be~ lieved to be appropriate to receive such a Public Notice; and WHEREAS, any and all objections, if any,to such proposal have been duly con sidered; and WHEREAS.it is the intent of the City Council to authorize the submission of a request to the U,S. Department of Hous lng and Urban Development for the re- lease of funds under the said Act to carry out the above identified project; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the proposal (project) shall continue to remain on file in the Of- fire of the City Clerk. where said recto'ds may be examined and copied by any in- terested party. Ssetion 2, That the Mayor of the City of Dubuque is hereby authorized and di- rected to sub,nit to the U.S. Department of Housing and Urban Development on July 14, 1980, a request for release of funds to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a respon- sible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development's responsibilities for review, decision making, and action as- sumed and carried out by the City of Dubuque as to environmental issues. S®cflon 4. That the Mayor of the City of Dubuque is hereby authorized to con- Regular Session, July 7. 1980 sen[ personally, in her official capacity and on behalf of the City of Dubuque,' to aecepl the jurisdiction of the federal courts, if an action is brought to enforce responsibilities in relation to envirou~ mental reviews, decision making, and ac- tion, Section 5. That the Mayor of the City of Dubuque be and she is hereby author- ized and directed to execute a Certifica tion pertaining to the environmental re- vmw procedures, Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request of Release of Funds and Certificatbm in the form of Exhibit "A" attached hereto and madea part hereof. Passed; adopted, and approved this 7th da'/of July. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pra[; Council Members ATTEST: Mary A. Davis City Clerk PUBLIC NOTICE view Procedures for the Corem unity vmopment Block ~rant Program, the City of Dubuque intends to file a reque~; on July 14, 1980. for release of Block Grant fuuds for the following proposal "Operation Paintbrush" - a free exte mot paint program for eligible homeown- The City of Dubuque has made an Ea. virdnmenta} Review Record tbr the pro- ject and has placed these records on file in the office of the City Clerk in City Hall, 13th and Central Avenue Dubu- que, Iowa, where said records may be ex- amined and copied between the hours of 8:00 a.m. and 5:00 p.m.. Monday through Friday until 5:00 p.m.. on the 7th day of July, 1980. The name of the applicant is the City of Dubuque, Iowa. and the Chief Execu- Live Officer of the applicant is Mayor Carolyn Farrelt BVM. Thc maifing ad. dress for both the app]ieant~ and thc Chief Executive Officer is City Hall. 13t}~ ami Central Avenue. Dubuque, Iowa. 52001. The City of Dubuque will undertake the project described above with Block Grant funds from the U.S. Department of Housing and Urban Developmen~ (HUDL under Title I of the Housing and Community Development Act of 1974. The City of Dubuque ,s certifying to HUD that the City of Dubuque and Carp- 279 lyn Farrell, BVM. in her official capacity tion of federal courts, if an action is brought to enforce responsibilities in re sion making, and action: and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the Block Grant fumls and HUI) will have satisfied its responMbifities under the National Environmental Pol- icy Act of 1969. HUD will accept an ob- ection to its approval of the release of funds and acceptance of the certifica- tion, only if it is on one of the following bases: (al That the certification was not in fact executed by the Chief Executive Officer or other officer of applican; ap- proved by HUD: or (b) That applicant's project indicates omission of a required decision, finding, or s;ep applicable ;o the project in the environmental review and submitted in accordance witb the quired procedure (24 cfr. Part 581. ann may be addressed to HUD at the Omaha Area Office. 7100 West Center goad. Omaha. Nebraska. 68106. 0bjecuons to the release of funds on based other than those stated above will not be consider- ed by HUD. No objection received after the 31st of Jtdy. 1980. will be considered by HUD. City of Dubuque until 12:00 noon. Fri day, Ju]y 81. 1980. addressed to Carotvr Farrell. BVM. Mayor of the City of Du buque, City Hall. 13th and Central Ave- nue. Dubuque. Iowa, 52(101. Dated and published July 8th. 1980 Mary A. Daws City Clerk Council Member King moved adop Lion of the Resolution. Seconded by Council Member FeMcrman. Carried b~ the following ~o[e: Yeas-Mayor Farrelh Council Mom bers Brady, Felderman. King, Pratt.. Nays-None. Communication of City Manager sub- mittiug Resolution authorizing Mayor to tract w~th the U.S, Dept, of IIUD which eonsofidates all previous Section 8 Exist- ing Housing Program Projects witi~ the and read. Council Member King moved that tho Seconded by Council Member Felder man. Carried b> tile following VOLt!: Yeas-Maym' i,'arrell Council Mem- bers Brady. Felderman. King. Pratt. Nays-None. 280 Regular Session, July 7~ 1980 RESOLUTION NO. 224-8fi Resolution Authorizing Execution et Annual Contributions Contract. WHEREAS, the City of Dubuque, Iowa, (herein called the "Local Author- ity ') proposes to enter into a revised con- tract (berein called the "Annual Contri- butions Contract") with the United States of America (herein ca[led the "Government") with respect to any "Projects" as defined in the Annual Cow tributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1; The Annual Contributions Contract in eubstantially the form of contract hereto attached and marked "Exhibit A" is bereby approved and ac- cepted both as to form and substance and the Chairman or Vice Chairman is hereby authorized and directed to exei cute said contract in two copies on bebal of tbe Local Authority, and the Seere- ta:,y is hereby authorized ~nd directed to impress and attest the official seal of the Local Authority on each such coun- terpart and to forward said executed cotlnterparts, or any of tbem, to the Gov- ernment together with such other docu- ments evidencing the approval and au- thorizing the execution thereof as may be required by the Government. Section 2. When6ve~; the following terms, or any of them, are used in this Resolution, the same, mdess the context shall indicate another or different mean- ing or intent, shall be construed, and are intended to have meanings as follows: [1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Reso- lution and which are defined in the Annual Contributions Contract shall have the respective mean- ings ascribed thereto in the Annu- al Contributions Contract. Section 3. This Resolution shall take effect immediately, this seventh day of July, 1980. Carolyn Farrel] Mayor James E. Brady D~ Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- tion of the Resulution. Seconded by Council Member Feiderman. Carried by the following vote: Yeas-Mayor Farre]l, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitting Resolution authorizing publica tion InvironmentM Assessment Re- view Finding for 4th Street Peninsula Storm Sewer Drainage Project, present~ ed and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Folder- man, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 225-80 Authorizing Publication ot Notice of Environmental Review Findings for Certain Community Developmeut Block Grant Projects. WHEREAS, the City Of D~buque bas entered into Gran~ Agreement B~79:I~I C- 19-0004, with the U.S. Department of Housing and Urban Development, pro- riding for financialassistance to the City under Title I of the Housing and Commu- nity Development Act of 1974; abd ~HEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the project here- naRer to be described to be financed with Community I)evelopment Block Grant Funds; and WHEREAS, after due consideratiol~, a determination has been made that the ,r federal action sig- nificantly affecting the quality of the ha- , environment; NOW THEREFORE BE IT RESOLV- El) BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: ~ectioe 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Signifi- cant Effect on the Environment for the following identified project, and to make ;he Environmental Review Record for said project available for public inspec- tion. Such notice shall be in the foi'm of ~Ixhibit "A" attached hereto and made a part hereof. "4th Street Peninsula Storm Drain Project". Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of July 7, ] 980, authorizing the submission of a request to the U.S. Department of Housingand Urban Development, to undertake the ,reject. Regular Session, July 7, 1980 281 Passed, adopted, and approved this 7th day of July, t980. Carolyn FarreH Mayor James E. Brady D. Michael King John L. Felderman Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Exhibit "A" PUBLIC NOTICE Pursuant to the environmental proce- dures for the Community Development Block Grant Program, the City of Dubu- qae has prepared a Notice of Finding pi No Significant Effect on the Environ meet for the project identified as follows to be undertaken under Title I of the Hdusing and Community Development Act of 1974, "4th Street Peninsula S~orm [)rain Project". The City of Dubuque has found that this project has no significant effect on the environment based on the following facts and reasons: l, Assessment of tbe nature, magni- rude, and duration of any adverse and positive impacts; 2. Consideration of alternatives to the project, commitment of re sources, known views of local stitatod to lessen potential ad- verse impacts and to ephance.the 4. No irreversible development avoided; and 6. No impacts on properties posses- sing histork:al archaeological, ar- chitectural or cultural signifi The City of Dubuque has made an En virohmental Review Record for this pro ject~ and has placed this record on file in the office of the City Clerk in City Hall, 13th and Central Streets, Dubuque, Iowa, This Environmental Record is available for examination and may be copied between 8:00 A.M. and 5:00 P.M., daily except Satt~rdays, Sundays, and holidays. No ~urther Environmental Review is proposed to be conducted, and the City of Dubuque intends to request the C.S. Dopartmeat of Housing and Urban De- velopment to release funds authorized by the Housing and Commanity Devel opment Act of 1974 for the project. Comments may be submitted lo the City of Dubuque until 12:00 Noon, Men day, July 25, 1980, addressed to thc Mayor of the City of Dubuque, City HaU, 13th and Central Streets, Dubuque, Iowa, 52001. Dated and Published July 8, 1980. Mary A. [)avis City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Fclderman, Carried by the following vote: Yeas.Mayor Farrell, Council Mcm bors Brady, Fehierman, King. Pratt. Nays-None. Communication of City Manager re commending approval of contract be tween Five Flags Center and Mississip pi Valley Hockey, Ine,. presented and Council Member King moved tlmt I he contract approved, Seconded by Council Member Felderman. Carried by tim hd lowing vote: bors Brady~ Felderman, King, Pratt. Communication of City Manager re tween Five Flags Center and Five Flag~ Theater Company, presented and read Council Member King moved that the roman unication be received and filed and contract approved. Seconded by Council Member Felderman. Carried by the lowing vote; Yeas-Mayor Farrell, Council Mom bors Brady, Fclderman, King, Pratt Nays-None. Petition of I)AV Auxiliary requesting August 1 and 2. presented and read. Council Member King moved that thc ~etition be referrdd to the City Manager for implementation. Seconded by Court ell Member Felderman. Carried by the following vote: Yeas-Mayor I%rrcll, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. Petition of Don D. Jtulk of 901 Tressa Disney Street, presented and read, Council Member King moved that mtition be referred to the City Manager and staff for implementation. Seconded by Council Member Feldermaa. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. Proof of publication of Notice of Find lng of No Significant l~ffect on the Envi ronment for the Pr0jeets identified: moral of Architectural Barriers (18th 282 Regular Session, July 7, 1980 Street Fire Station. St. Mary's Street Drainage Project. Tri-State Indepen- dent Blind Society Energy Conservation Projeclo published 6-3-80, presented and read~ Council Member King moved that the proof of publication be received ann filed~ Seconded by Council Member Pet derman. Carried by thc following vote: Yeas-Mayor Farreli, Council Mem- bers Brady, Felderman. King, Pratt, Nays~None, Communication of City Clerk advising of costs incurred for Special Election held on June 3. 1980 in amoun~ et $3,598.00, presented and read. Coundl Member King moved that the cnmmnnication be received ~nd filed. Seconded by Council Member Folder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Mom bors Brady, Felderman. King, Pratt. Nays~None. Communication of Iowa DOT advisin~ of receipt of Resolution selecting a pre ing the Locust Street Freeway - West Alternate, presented and read. Council Member King moved that thc communication he received and filed. Seconded by Council Member Folder mare Carried by the following vo~c: Yeas~Mayor Farreli. Council Mom bors Brady, FeMermam King, Pratt. Nays-None. Communication of Planning and Zon- ing submitting amendment to Zoning Ordinances, presented and read. Council Member King moved that the commmdcation be received and filed. Seconded by Council Member Folder- man. Carried by the following vole: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King, Prati Nays-None, Communication of City Manager sub mitring information on bandicappea stalls ia private parking lots, presented and read, Council Momber King moved that tilt communication be received and filed. Seconded b~ Council Member Folder man. Carried by the following ye;c: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman. King, Pratt. Nays-None. There being no further business, Council Member Pratt moved Lo ad journ. Seconded by Cnuncil Member Fvl- derman. Carried by the following ye;e: Yeas-Mover Farrell, Council Mom bors Brady, Felderman, King, Pratt. Nays-None. Mary A, Davis City Clerk Approved ...................... 1980 Adopted ...................... 1980 Council Members Al iE~ 1: City Clerk Special Session, July 21, 1980 CiTY COUNCIL OFFICIAL Speolel Session, July 21, 1980. Council met at 7:30 P.M. (C.S.T.) Present. Mayor Farrell, Council Members Brady, Felderman, King. City Manager W. Kenneth Gearhart. Absent. Council Member Prntt. Mayor Farrell read the call and stated that service thereof had been duly made and this meetingis called for the purpose of adopting Resolutions au£horizing the execution of a memorandum of agree- ment with Cycare Systems, Inc. and fix~ lng a date of Hearing on proposed Indus* trial Development Revenue Bonds in the amount df $3,000,000.00 and acting upon such 'other business as may properly coine before the Council, Invocation was given by Rev. Bob Ho- gan of Holy Ghost Church. Proof of publii~ation, certified to by the Publisher, of Notice of Public Hear- lng to rezone "Lot l of Inland Molasses Place," said property located on Julien Dubuque Drive Extension, from AG Agricultural District Classification to tf-I Heavy II~dustria] Classification, pre- serited and read. There were no written 0bjectiohs filed at the time set for the Hearing. Council Member Feiderman moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman, King. Nays-None; Absent-Council Member Pratt. Communication of P & Z submittlag recommendation as to rezoning of above property, recommending that rezoning to H-I Heavy Industrial be done ~o that portion of the property wbicb will ac- commodate the existing plant and the proposed expansion only. Council~Member Felderman moved that the communication be received and filed~ Seconded by Conncil Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bors Brady, Felderman, King. Nays-None. Absent Council Member Pratt. Council Member Felderman moved to deny the request to rezone said property from AG AgricuRural District to H-I Heavy Industrial. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor FarreS, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Cotincil Member King inbred tu sus 283 pond the rulc~ to let anyone present ad dress the Council if they so desire, Sec ended by Council Member Felderman. Carried by the following vote: Yeas-Mayor FarreS, CoumdI Mom bors Brady, Felderman, King. Nays~None. Absent-Council Member Pratt. Dave Hartig of 1255 Southern ad dressed the Council requested three steps regarding limitations in the zoning of said property: l)limit rezoning to 5000 sq. feet; 2) expanslon to house back-up equipment only; and 3) amend Industrial District zoning to include an Odor Ordinance. Jim Nosier, Dennis Rajtora, Tom Nos let, and James Rcnier addressed the Council and stated that odor is very strong at times and expressed fear that by expansion of the plant this might gel Michael Miller, Chtre Sehroeder and Pete Darby all spoke concerning the foul smells emanating from t he hdand Meias scs firm and stated they were basically not against expansion, but felt there should be some relief from the odor proh lems and some odor control initiated. Attorney Al Hughes, representing In land Mohtsses, presented a series .I statements which set out the zoning his tory of the land, stressing that it was nr iginally zoned Ileavy Industrial in I908. mistakenly rezoned, without notice to the owner, as Agricultural, and suhstan tinted the probable error by slatemcnts of P & Z Commissioners at that time. set out in 1975 its Agricultural in the e0mprehensive zoning maps published at that period of time. He stressed the issue at this time is to correct the zoning mistake, not to be further restrictive. which might well prohihlt the plant h'om any further expansion, and thus lose vel uabl~ jobs. Mr. Itughes also stated that thc new equipmont within the new expansion would help ctlrb the odor problenl. Discussion ensued by members of Cotmeil which cited the severity uf odor problem but realizing that if any odor controls were initiated, it wouhl mean enforcement; also stressed that firms already with job problems might well have problems adtl,ering lo stricter od)r ontrols Mayor Farreiistressed that there are two issues at hand. l) per mission to expand the Inland Molasses Plant and 2) impact on thc south end of town. AN ORDINANCE Of the City of Du buque. Iowa providing that the Code of Ordinances, City Of Dubuque, luwa, lie amended by revising Appendix A there of, also known as the "Zoning Ordinance and Zonitlg Map or,he City of l)llbuque, 284 Iowa" by reclassifying Lot 1 of Inland Molasses Place in the City of Dubuque, Iowa located on Julien Dubuque Drive Extension from AG Agricultural Dis- triet Classification to H-I Heavy Indus- trial classification, said Ordinance hav- ing been previous presented and read at the Council Meeting of June 16, 1980, presented for final adoption. Council Member Brady moved final adoption of tbs Ordinance, with the addi- tion of a Section 3, which would address the issue of odor control. MOTION DIED FOR LACK UP A SECOND. Council Member Felderman moved that they rezone that portion of Lot I of Inland Molasses Place that will accom module the existing plant and proposed expansion only, and with the stipulation the new equipme.nt grant relief from fur ther odors. MOTION DIED FOR LACK OF A SECOND. Council Member King moved that the Ordinance be referred back to the Legal Staff, the P & Z staff, and City staff for clarification of legal description, and to include a memorandum of possible solu lion(s) to odor problem and referred to a Council Meeting to be held on July ,'40. 1980 at 4:45 P,M, Seconded by Council Member Felderman. Carried by the for lowing vote: Yeas-Mayor Farrell, Council Mom hers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Proof of publication, certified ~o oy ;he Publisher of Notice of Public Hear- ,ne to declare properties known as 425-441 mid 445 Bluff St. as architectur~ ally significant pursuant to the require- merits of Ordinance No]'8~-75, presented and read, No written objec;ions were filed and no oral objectors were present in the Council Chambers a~ the time set for the Rearing. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Bra(ly. Carried by thc following vote: Ye~s-Mayor FarrelL Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. RESOLUTION NO. 226-80 A Resolution Designating as Architec. rurally Significant the Properties Hereinafter Described- Pursuant to the Requirements o! Ordinance No. 32-75. WHEREAS, the City Council has heretofore passed, adopted and approv- ed an ordinanc~ permitting s;ructures Special Session, July 21, 1980 with historical or architectural signifi canes to be used for certain lowdntensity WHERI~AS, the City Council has re ccived a request to designate the strut- after described as being architecturally or historically significant for the purpos- es of Ordinance No. 32-75; and WHEREAS, the City Council has eeived and reviewed the comments of the State Ristoric Preservation Officer, the Dubuque tlistoric Preservation Commission and the Dubuque County Historical Society regarding the histori- cal and architectm'al significant of said WHEREAS, the City Council has held a public hearing for the purpose of hear- ing all interested parties and considered all objections to the proposed designs lion; and WHEREAS, all interested parties have been given the opportunity to be heard. NOW THEREFORE BE IT RESOLV~ ED BY THE CITY COUNCIl, OF THE CITY OF DUBUQUE, IOWA: Section 1, That the structures locat- ed on the real estate hereinafter de- scribed be and the same are hereby ed as follows: The Nortberly 21 ft. 4 in. of Lot 612 and the Southerly 48 ft, 4 in. of Lot 613. in the City of Dubuque. iowa, ac- cording £o the United States Com- mtssioner's Map of thc Town o~ Du- buque. Iowa, These properues are locally known as 425d41 and 445 Bluff Street. Sec!ion 2. That the passage and adop- non of this Resomtion is in conjunction with and in accordance with Ordinance No. 82-75. Passed, adopted, and approved this 21st day of July, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Darn City Clerk Council M,.mber Felderman morea adopnon of the Resolution. Seconded by Council Memfier Brady. Carried by following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King. Nays~None. Absent-Council Member Pratt. Petition of Jim Houtz, Pres. of CyCarc Special Session, July 2I, 1980 285 Resolution for Industrial Bonds" in amount of $3,000,000.00, presented and read. Council Membm' Felderman moved that the petition be received and filed. Seconded by Council Member King. Car tied by the following vote: Yeas-Mayor Farrefl, Council Mem bets Brady, Felderman, King. Nays-None. Absent-Council Mmnber Pratt. RESOLUTION NO. 227-80 A Resolution Authorizing the Execu. tio~ of a Memorandum of Agreement with CyCare Systems, Inc. WHEREAS, the City of Dubuque, Iqwa, in tbs County of Dubuque, State of ]iowa (the hi, Suer") i~ an incorporated municipality au thorized and empowered by the previsions of Chapter 419 of the Code of Iowa, 1979~ as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acguir- lng, by construction or purchase, hind, buildings, improvements and equip meet, or any interest therein, sufi, able for the use of any industry or industries for the manufacturblg, processing or as- sembling of any agricultural or manufac- tured products or of any commercial en- terprise engaged in storing, warehous lng or distributing products of agricul- ture, mining or industry, or of a national, regional or divisional headquarters fasii. ity of a company that does multistate business; and ,WHEREAS, the Issuer has been re quested by CyCare Systems~ Inc. (the "Company") to issue its revenue bonds pursuant to the Act for the purpose of fi- nancing the acquisition by construction or purchase of equipment and improve meets suitable for the use as the Com- pafiy's natiobal, regional or divisional headquarters facility (the "Project"), 1o cared within the Issuer; and WHEREAS, a Memorandum of Agreement in the form and with the con- tents set forth in Exhibit A attached hereto, has been presented to the Issuer under the t~rms of which the Issuer agrees, subject to the provisions of such cessary under the Act to issue its revn ue bonds'for such purpose; NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section t~ The Memorandum of Agreement in the form and with the con- tents set forth in Exhibit A attached hereto be and the same is hereby approv ed and the Mayor is hereby authorized to execute said Memorandum of Agree~ meet and ~he Clerk is hereby authorized to attest the same and to affix the seal of the lssqer thereto, said Memorandum of Agreement which consLituics and is hereby made a part of this Resolution to be iu substantially the form, text and containing the provisions set forth in Ex hibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memoran dura of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted, and approved this 21st day of July, 1980. Carolyn Farrell Mayor ATTEST: Mary A. Davis (Aty Ch Council Member Fe~derl, nan movl,d adopCon of the Resohttion. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor ParrclL Council Mere bets Brady, Felderman, King, Nays-None. Absent-Council Member Pratt. RESOLUTION NO. 228-80 Resolution Fixing a Dele for Hearing on Proposed Industrial Development Revenue Bonds, Series 1980 (CyCare Systems, Inc. Project), WIIEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the"Isseer"), is an incorporated munici pality authorized and empowered by the provisions of Chapter 419 of the Cuds el Iowa, 1979, as amended (the "Act") to is sue revenue bonds for the purpose of Ii nancing the cost of acquiring, by con struction or purchase, land, buildings, improvements and equipment or any in retest therein, suitable for the use of any industry or industries for the maaufitc turing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise en gaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility ufa cum puny that does multlstate business; and WHEREAS, the Issuer has been re quested by CyCare Systems, Inc. {tfie "Company"), an Iowa corporation, to issue its r6venue bonds ;o finance the cost of the acquisition by construction or purchase of equipment and improve merits suitable for the use as the Corn pany's national, regional or divisional headquarters facility (the "Project") lo cared within the Issuer, which wilt pro mote the welfare of the Issuer and its clt WHEREAS, it is proposed to finance 288 Special Session, July 21, 1980 the cost,of the Project through the issu- ity The Bonds, when issued, will be fire anceoi Industrial Development Reve- ired obligations and will not constitute hue Bonds. Series 1980 (CyCare Sys terns, Ibc. Project} of the Issuer in an ag- gregate principal amount nor to exceed $3.000,000 Ithe "Bonds'"~ and to loan said amount to the Comnany under a Loan Agreement between thc Issuer and the Company the obllgatlon of which will be sufficient to pay the principal of gad re demption premium, if any, and interest on rne Bonds as and when the same shafi be due and payable: and WHEREAS, before the Bonds may be issued.it ~s necessary to conduct a public hcarin~ on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE ISSUER, AS FOLLOWS: Section 1. This Council shall meet nt the Council Chambers in City Hail in Du buque. Iowa. on the 18th day of August, 1980, al 7:30 o'clock, P.M., a[ which time ann place a public hearing shall be held on the proposal to issue the Bonds refer- red to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby direct- ed to give notice of intention to issue the Bonds. setting forth the amount and pur- pose thereof, the time when and place where the hearing will be held, by publi- cation at leasl once not less than fifteen 15) days prior to the date fixed for the hearing, in the Telegraph Herald, a newspaper published and having a gen- era[ mrcuiation within the Issuer. The notice shall he in substantially the fol- lowing farm: ~IOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SER~ES 19S0 (CyCare Systems. Inc. Project) The Cit~ Council of the City of Dubu qua. iowa. ~the "Issuer") will meet on the 18th day of August, 1980. ar Council Chambers in City Hall in Dubuque, Iowa. al 7:30 o'clock, p.m.. for the pur- pose of conducting a public hearing on the proposal to issue Industrial Develop ment Revenue Bonds. Series 1980 (CyCare Systems. Inc. Project) of the Is- not to exceed $3,000.000 (the "Bonds"), and t¢ loan said amount to CyCare Sys- potation, for the purpose of defraying the cost, to that amount, of the acqulsi- general obligations of the Issuer nor will they he payable in aily manner by taxa~ tion. bur the Bonds willbe payable solely and only from amounts received by the issuer under a Loan Agreement be tween the Issuer and the Company. the obi]gat]on of which will be sufficient ;o pay the principal of and interest and re- demption premium, if any on tlle Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who ap- pear will be given an opportunity to ex. press their views for or against the pro- posal to issue thc Bonds, and at the hear- ing or any adjom'nmem thereof, the suer sba8 arlopt a resolution determin mg whether or not ;o proceed with the is suance of tho Bonds, By order of the City Council, this 21si day of July. 1980. Mary A. Davis City Clerk Section 3. All resolutions and par~s thereof in conffiet herewith are hereby repealed ~o dm extent m such conflict. Passed and approved this 21st day of Jtdy, 1989. Carolyn Farrell Mayor ATTEST: Mary A. Davis City Clerk 'Seal) Conncil Member Feldernmn moved adoption of the Resolution Seconded by Cmmcil Member King, Carried by the following ye[e: Yeas-Mayor Farrelh Council Mem- bets Brady. Felderman, King. Nays-None. Absent-Council Member Pratt. Petition of Para Edahl requesting address ;he Council and present the findings et the W. llth Street Neighbor- hood Survey, presented and read. Para Edahl addressed the Council and spoke to the petition and made herself available for any questions thc Council may wish to ask. Council Member King moved that the petition be received and filed and referr- ed to Council. Seconded by Council Member Felderman. Garrled by the fol- lowing Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Communication of City Manager sub- mitting procedures for the acquisition of parking meter replacement units for the equipment and improvements suitable City, presented and read. for the usc as the Company's national, I Council Member Felderman moved regional or divisional headquarters facil- that the commumcation be received and Special Session, July 21, 1980 287 filed. Secoh~led by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays:None. Absent-Council Member Pratt. RESOLUTION NO. 229-80 Preliminary approval far the propos ed plans, specs, etc. fro' the acquisition of parking meters; equipment and/or ser- vices in the est/mated amount of ,$148,400,00, presented and read. Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas Mayor Farrell, Council Mem- bers Brady, Pelderman, King. Nays-None. Absent-Council Member Pratt. (Necessity for Improvement) RESOLUTION NO. 230-80 WHEREAS, specifications and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1. the specifications for such improve- ment 2. an estimate for the cost of the im- provement for the acquisition of parking meters, equipment, and/or services; BE IT THEREFORE RESOI,VEi) that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herebl men- tioned improvement, and unless the puh- fie at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the imprevemenl, they shall be deemed to have waived all objections thereto. Said improvement shall be done in ac cordance with the schedule and spec]fi cations which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex pease of making said hnprovemcnt shall he paid from Parking Depreciation Fund. The above resolution was introduced, approved and ordered placed on file with ~he City Clerk this 21st day of July, 1980. Approved and placed on file for final action. Carolyn Farrell Maym' Jalnes E, Brady D. Michael King John L. Felderman Coune, il Members ATTEST: Md, ry A. Davis City Clerk Council Member Eehterman mowql approval of the Resolution. Seconded by Council Member King. Carried by Hm following wire: Yeas-Mayor Farrell, Council Mere bets Brady, Felderman, King, Nays-None. Absent-Council Member Pratt. (Fixing Date of Hearing) RESOLUTION NO. 231-80 WtIEREAS, the City Coumdl of the City of Dubuque, Iowa, has given its pre lira]nary approval on the proposed speci- fications and form of contract and placed sauna on file in the office el thc City Clerk for public inspection for the acquisition of pm'king meters, equipment, and/or services. NOW THEREFORE lie IT RESOLV ED that on the 18th day of August, 1980, a public hearing will be held at 7:3(I in the Council Chambers of Ihe City of Dubuque at City Hall at which time thc objectors for the proposed improvement may appear to make objection to the pro posed acquisition and specifications. form of contract and cost of said int. provement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper published in the CHy of Dubuque, Iowa, which shall not be less than four days nor more than twenty days prior to the day fixed for its consid eratlon, and the City Clerk be and is hereby directed to have published thc notlee of pendency for said improve meat, and the City Clerk is hereby di teated to advertise for proposals to the contractors for the ¢o~mtruction of the above-mentioned improvement. Passed, adopted, and approved t, his 21st day Of July, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L. l,'elderman Cuuncll Memhers ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Besohltion. Seconded hy Council Member King. Carrie(] I~y the following vote: Yeas-Mayor Farrell, Cotmeil Mere bars Brady, Felderman, King. Nays-None. Absent-Council Member Pratt Communication nf City Manager sub mitring bidding procedures for thc Tuckpoin ting and Waterproofing o f City lla]l, presented and read. Council Member Felderman moved that the communication and project be I'eferred back to Staff. Seconded hy 288 Council Member King. Carried by tee followin~ vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King. Nays-None. AbsenVCouncil Member Pratt,. Communication of City Managel sub~ mitring bidding procedure for the City fIall Boiler Burner Unit Replacen enl. presented and read. Cmmeil Member King mover] that the communication be received and filed. Seconded by Council Member Felder~ man. Carried by the following vote: Yeas-Mavol Farrell. Council Mem- ber's Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. RESOLUTION NO. 232-80 Preliminary approval !or proposed plans, specs., etc. for the City Hall Boil crtBurner Unit Replacement in the eau- mated amount of $30,000.00, presented and read, Council Member King moved adop lion of the Resolution, Seconded by Council Member Felderman. Carried by the ibllowing Yeas-Ma~or ParrelL Council Mom bors Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. (Necessity for Improvement) RESOkUTION NO. 233.80 W~tERE]~S, proposed plans, specifi- cations and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1. the plan for such improvement 2. an estimate for the cost of the im- provement for the City Halt Boiler/ Burner Unit Replacement. BE IT THEREFORE RESOLVEf) that the City Council on its own motion. deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, ahdt unless inter- ested persons at the time of the final con- sideration of this proposed resolution have on file with the City Clerk, objec- tions ;o the amount of the cost of the ira- provement, they shall be deemed to have waived all objections thereto. Said improvement shall be done in ac- cordance with the schedule and specifi- cations which have been approved by the City Uoumdl and are now on file with the City Clerk. That the cost and ex- pense of makin~ said improvement shall approved and ordered placed on file with the City Clerk this 21st day of July, 1980. Special Session. July 21, 1980 7 Approved anti placed ()lq for final action. la Carolyn Farrell { Mayo}' [ James E. Brady [ D. Michael King i John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk ~Jouncil Member King moveq approv al of the Resolution. Seconded hy Coun- ell Member Fclderman. Carried by the following vote: Yeas-Mayor Farrcll, Council Mem- bers Brady. Felderman King. Nays-None. Absent-Council Memb6r Pratt. (Fixing Date of Hearing) RESOLUTION NO. 234.80 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its pre- liminary approval on the ~roposed speci- fications and form of contrac~ ann placed same on file in the office of the City Clerk for public inspection for the City Hall Boiler/Burner Unit ReplacemenL NOW THEREFORE BE IT RESOLV- ED that on the 18lb day of August. 1980. a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuquo at City Hall at which time the objectors for the proposed improvemen~ may appear to make objection I ~) the pro- posed plans and specifications, form of contract and cost of said improve- ment. and the City Clerk be and is hereby directed to cause a notlee of time and place of such hearten to be published m some newspaper ptmlished in the City of Dubuque. Iowa. which shall not be less than four days nor more than twenty days prior to I he da v fixed for ~;s con,dd- eration, and the City Clerk be ann is hereby directed to have published the notice of pendency ~or said improve men~ and the City Clerk is hereby roe;ed to advertise for proposals to the con,factors for thc construction -f the Passed, adopted, ant~ approved this 21st da3 of July, 1980. Mayor James E. Brad~ D. Michael King John L. Felderman Council Members ATTEST: Mary A. Uavis City C erk Special Session, July 21, 1980 289 Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Communication of City Manager re~ commending acceptance of the widening project on J.F.K. Road from Pennsylva. nia to Asbury Road, presented and read. Council Member Felderman moved that thn communication be received and filed. Seconded by Council Member King. Carrind by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Febierman, King. Nays-None, Absent-Council Member Pratt. Final Estimate RESOLUTION NO. 235-80 WHEREAS, the c tract for the Jhn F. Kennedy Road Paving Project from Pennsylvania Avenue to Asbury Road has been completed and the City Engi- neer has submitted his final estimate showing the cost thereof including tile cost of estimates, notices, inspection, and preparing the assessment and plat, NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TfIE CITY OF DUBUQUE, IOWA: That the cost of said improvmnent is hereby determined to be $1,208,667.78. That none of the cost thereof shall be assessable upon private property and $1,208,667,78 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted, and approved this 21st day o~ July, 198P. Carolyn Farrell Mayor dames E. Brady D. Michael King John L. Felderman Commil Members ATTEST: Mary A. Davis Cty Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by thc following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. (A Resolution AccepBng Improvement) RESOLUTION NO. 236.80 WHEREAS, the contract for the John F. Kennedy Road Paving Project from Pennsylvania Avenue to Asbury Road has been completed and the City Manag er has examined the work and filed his eertiBcate stating that the same has been completed according to the terms of the contract, plans and specffieatinns and recommends its acceptance. NOW TPfEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tbe recommendation of tile City Manager be approved and that said im ~rovement be and the same is hereby ac- cepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the conractor from the funds to be realized from the Road Use Tax Fund bonds issued upon the above described improvement in amount equal to the amount of his contract,, less any re talned percentage provided for therein. Passed, adopted, and approved Uds 21st day of July, 1980. Carolyn Farre]l Mayor James E. Brady D. Michael King John L. Fehierman Council Members ATTEST: Ma~'y A. Davis City Clerk Council Member Felderman moved adopt ion of the Resolution. Seconded by Council Member King. Carried hy the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Communication of City Manager re commendbtg approval for KopphPs Mar- ket to construct a canopy at 1(198 Unive r sity Ave., presented and read, Council Member Pelderman reeved that thc communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mere bors Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. ORDINANCE NO. 51.80 AN ORDINANCE AUTHORIZING STRUB CONSTRUCTION OF 1060 VICTORIA, DUBUQUE, IOWA, TO CONSTRUCT A CANOPY AT KOP- PLE'S MARKET AT 1098 UNIVERSITY, DUBUQUE, IOWA, said Ordinance lng previously been presented and read at the Council Meeting of July 7, 1980, )resented for final adoption. ORDINANCE NO. 51.80 AN ORDINANCE AUTHORIZING STRUB CONSTRUCTION, 1060 VIC- TORIA, DUBUQUE, IOWA TO CON. STRUCT CANOPY AT KOPPLE'S MARKET, 1098 UNIVERSITY AVE., DUBUQUE, IOWA. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 290 p~es Market, Dubuque. low~ a~d legal ly described as Lots 5~ and 53 in Langworthy add. to cit~ el Dubuque, Iowa be and they are hereby granted th~ revocable pe~nit a~d aethorily t. co~- s tva~ t (md ~aintain canopy 36fL ~ 30 i~. ~nd~ r the te~s a~ul co~tdi~ions re t jbrth her~ retiree submitted bype~nil ecs and lull.ns, and the Ordinances of he Cty o Dubuque in granted is expressly conditioned on a) Assu.~e any and all liability whic~ v~a~ res~zlt ~o~ the ezis~ b) Pay ~n behalf of the City of Du~ buqae, all sums which the Citg of Dubuq z~ shal~ become ~)bligated ~mposed upo~ the City oj Dubu- que ~br damages uf an ] kind re~ beka~ of said City [ndemnif~ ~i~nd hold the U*ty of tbr dama#e w any property of the repair oj the J~cility, work o~ ~rant.d be re~cind~ d or revoked b thy e abuttino property, shall withi~ len Special Sessio_ _ _n, July 21. 1980 ~he City Manaeer, so to do, a~ thezr own expen.~e, remove said canopy a~lo in the evvnr qf tbeir fuilur~ so to do, the City of Dubuque. shall be authorized ~ re?now said canopy at per~r~ittees expense and dispose of the same, and the permitter shal] have no claim against the City or ;ts agents for damages resulting h'o?rt the ~emoval o~ said ~anopy, permitters'expense a ~op'q o! t~is Ordi- nance i~ the afl'ce of the R'~corderiw and Special Session, July 21, 1980 291 Herald m~wspaper this 2~ th (lay qf J~ly. Mary A. Davis City Clerk It 7/24 Council Member Felderman moved final adoption of the Ordinance. Second- ed by Council Member King. Carried by ~he following w)te: Yeas-Mayor FarreB, Council Mcm- ber~ Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Communication of City Manager commending request from Don Junk to vacate a portion of Disney Street be ap- proved, presented and read. Council Member Felderman moved that tho communication be received and filed and referred to Staff for proper pro cordings. Seconded by Council Member King, Carried by the tbllowing vote: Yeas-Mayor Farrell, Council Mem. bors Brady, Felderman, King. Nays~No~e. Absent-Council Member Pratt. Communication of City Manager sub- mitring Ordinance prescribing overall height of vehicles permitted to park in the municipal parking garages, present- ed and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member King. Carried by the [allowing vote: Yeas-Mayor Farre[I, Council Mem- bers Brady, Felderman, King. Nays~None. Absent-Council Member Pratt. ORDINANCE NO. 52-80 AN ORDINANCE OF THE CITY OF BUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 25-290 OF ARTICLE VIII OF DIVISION 2 THEREOF AND ENACT- ING A NEW SECTION 25.290 OF ARTI- CLE VIII OF DIVISION 2 IN LIEU THEREOF, PROVIDING FOR THE HEIGHT OF VEHICLES AUTHORIZED TO PARK iN THE MUNICIPAL PARK. lNG RAMPS, presented and read. Council Member Felderman moved that the reading just had be considered the first rending of the Ordinance, Sec ended by Council Member King. Carried by the following vot~: Yeas-Mayor Farrell, Connci[ Mom bors Brady. Felderman. King. Nays-None. Absent Council Member Pratt. Council Member Feiderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following vote: Yeas Mayor Farroll, Council Mere bees Brady, Feldm~'man, King. Nays-None. Absent-Council Member Pratt. ORDINANCE NO. 52-80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA AMENDING THE CODE OF ORDINANCES OFTHE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 25-290 OF ARTICLE VIII OF DIVISION 2 THEREOF AND ENACT- lNG A NEW SECTION 25-290 OF ARTI- CLE VIII OF DIVISION 2 IN LIEU THEREOF, PROVIDING FOR THE HEIGHT OF VEHICLES AUTHORIZED TO PARK IN THE MUNICIPAL PARK- ING RAMPS. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordin¢tne- es of the City of Dubuque, Iowa be a~d the same is hereby amended by repeal- i~g Section 25-290 o/Article VII1 of Di- vision 2 thereof and enacting a new Sec- lion 25-£90 .f Article VIII of Divisio~l i. lieu thereof to read as follows: Sect. 25-290. Height of, Projections on Vehicles Restricted. keight ~r which is in excess of six It 7/?4 fi~al adoption of the Ordinance. Second- ed by Council Member King. Carried by the following vote: 292 R-3 MultLFamilv Residential District, presentoa and read. Council Member Feiderman moved that the communicatim~ be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem bens Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. AN ORDINANCE amending Code of Ordimmces by reclassifying property at 2017 Dniversity Ave. from ID Institu. uonal District Classification to R-3 Residential District classification, pre. sunred and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Council Member King. Carried by tho following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Me.tuber Fratt. Council Member l;elderman moved tllat the rule requiring an Ordinance to he received and filed at two meetings prior to the meeting when final action is taken, be dispensed with, Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Council Member Feldevman moved that a public hearing be held on tbe Ordi- nance on August 18, 1980 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish nonce of the hearing in the manner required by law. Seconded by Council Merhber King. Carried by the following vote: Yeas.Mayor Farrell, Council Mem. bens Brady, Felderman, King. Nays None. Absent-Council Member Pratt. Communicatiun of P & Z Commissmn approving amendment to the Zoning Or- dinance to allow printing and pubfishing as permitted use in C-4 district, present- ed and read. Council Member Felderman moved thai the commumcal,Jm~ be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King. Nays-None. Absent Council Member Pratt. AN ORDINANCE Amending Code of Ordinances by enacting a new Section 4-115.2 6~ o~ Article IV thereof, to allow Printing and Publishing as a principal permitted use in a C-4 General Common Special Session, July 21, 1980 ciat District, presented and read. Council Memoer Felderman ~noved that the reading just had be considered the first reading of the Ordinance. Sec~ ended by Council Member Brady, Car- ried by the following vote: Yeas-Mayor Parnell, Council Mem- bers Brady, Felderman. King. Nays-None. Absent-Counc3 Member Pratt. Councd Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Braoy. Carried by the following vote: Yeas-Mayor Farrell. ( ouncil Mem- bers Brauy, Felderman. King. Nays-None. Absent-Council Memner Pratt, Council Member Felderman moved that a public hearing be held on the Or- dinance on Augus~ 18. 1980 at 7:30 o'clock P.M. in tbe Council Chamber at the City Hall and that the City Clerk be instructed to publish notice et the hear- ing in the manner required by Law. Sec- ended by Council Member Brady. Car. tied by the following Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman, King, Nays-None. Absent-Council Member Pratt. Communication of P & Z recommend- ing amendment to Zoning Ordinance for clarification et Front Yard and Side Yard definitions, presented ami read Council Member Felderman moved that the communication be received and filed Seconded by Council Member King Carried by the following vote: Yeas-Mayor FarreB, Council Mem- bers Brady, Felderman, King. Nays-None, Absent-Council Member Pratt. AN ORDINANCE Amending Zoning Ordinance by enacung new definitions of Yard. Front and Side, of Article XI in lieu thereof, to clarify the definition and application of front and side yard re- quirements and corner lots presented and read. Council Member Felderman moved that the reading just had be considered the first reading o1 thc Ordinance. Sec- onded by Council Member King. Carried by the following vote: Yeas-Mayor Fen'ell, Council Mem- bers Brady, Feldcrman. King. Nays+None. Absent Couucil Member Pratt, CeuncU Member Fclderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Special Session, July 21.1980 293 Council Member King. Carried by the following vote: Yeas-Mayor Farrefi. Council Meal bens Brady, Felderman, King. Nays-None, Absent-Council Member Pratt Council Member Felderman moved that a public hearing be held on the Ordi- nance on August 18. 1980 at 7:30 o'clock P.M, in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrefi Council Mem- bers Brady, Felderman. King. Nays-None. Absent .Council Member Pratt. Communication of P & Z recomnlend- big approval of final plat of "Mike Gar- city Place" adjoining at 1849 South Grandview, presented and read Council Member Felderman moved that the communication be receive0 and filed. Seconded by Council Member Brady, Carried by the following vo;e: Yeas-Mayor Farrell. Council Mere bens Brady. Felderman, King. Nays-None, Absei~i-Council Member Pratt. RESOLUTION NO. 237-80 Resolution Approving the Plat of "Mike Garrity Place" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot 2 of Lot 12 in Linhein Subdivision of Mtn eral Lot No. 19, Township 89 North. Range 2 and 3 East of 5th Principal Meri dian in the City of Dubuque. Iowa: and Lot 11 in Linhein Subdivisiun of Mineral Lot No. 19, Township 89 North. Range 2 and 3 East of 5th Principal Meridian in the City of Dubuque, Iowa: and Lot 5 of "Nosier Heights on Grandview' in the City of Dubuque, Iowa is platted as "Mike Garrity Place" iii thc City of Du- buque, Iowa: and WHEREAS. said plat has been exam- ined by the City Planing and Zoning Commission and they find that the same conforms to the statutes tmd ordinances relatiug thereto, except that the propos- ed Lot 2 does not meet the mlnimnm frontage requirements: and WHEREAS. said plat has been proved by tho City Planning and Zoning Commission. on the condition that said proposed Lot 2 as platted cannot be ycleped: and WHEREAS. said pla1 has been exam- ined by the City Council and they find the same conforms to the statutes and ordinances relating thereto, except that said proposed Lot 2 does not meet iht, mtnimmn frontage requirements; and WHEREAS. thc City Council concurs on the conditions of approval established by the City Planning and Zonina- Com- mission. Section ~. Thai the above-described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en dense the approval of the City upon said ~lat, provided the owners of said proper ~y herein named, execute written steep tahoe hereto attached agreeing: u. That Lot 2 o~ "Mike Garmty Place" shaft not be developed copt for driveway purposes. Bscfion 2. Thai, in the event thc own- ers of said property sttall fail to execute the acceptance urovided for in Section 1 hereof written forty-five days after the date of this ResobdJon. the provisions hereby shall be null and void and the proval nf the plat shall nnt be effective. Carolyn Farrel Mayor James E. Brady I). Michael King John L. Feldcrman Conmql Mend)ers ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 237~80 We, tbe undersigned &unes C. Nosier and Margaret M. Nosier owners of Lot 5 of "Nosier Heights on Grandview." and Michael J. Garrity and Diana B. Garrit v. owners of Lot 11 and Lot 1 of Lot 2 of Lot 12, each of Linhein Subdivision. which properties are now included in the plat of "Mike Garrity Place" in the City of Du buque, Iowa having read the terms ami conditions of the foregoing Resolution No. 237-80. and being familiar with the conditions thereof, hereby accept thc same and auree to the conditions requir ed therein Dated in Dubuque. Iowa this 25th day of August, 1980. James C. Nosier Margaret M. Nosier Michael J. Garritv Diana B. Garrity Council Member Feldcrman moved aaoption of ~ he Resolution. Seconded. v Council MI,tuber Brady. Carried by tin filed. Seconded by Council Membcq 294 Speci~i Session, JUly 21,1980 King. Carried by ~he f01i~ er niter natives to moped and motorcycle Yeas~Mayor Farrell, Council Mere I parking, presented. hers Brady, Felderman, King. ] Council Member Brady moved that Nays None. this matter be referred to staff for study, Absent-Council Member Pratt. RBSOLUTION NO. 230-00 Resolution Approving Plat of "Maple. wood Place" irt the City of Dubuque, WIIER~AS, there has beep ~!lefl with the City Clerk a plat in b:h~ch LOt 7 eX- cept the westerly 10 feet thereof, Lot 7 A and Lot 8, each in Block 8 in "Green Acres Subdivision" in the City of Dubu. que, Inwa is platted as: "Maplewood Place" in the City of Dubuque, Iowa; and WIIEREAS, said plat has been exam- ined by the City Plan Commissiun and had its approval endorsed thereon; and WHEREAS, sahI plat has been exam ined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW THEREFORE BE IT RESOLV ED BY THE CITY COCNCIL OF TBE CITY OF DUBUQUE, IOWA: Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted, and approved this 21 st day of July, 1980. Carolyn Farrel] Mayor James E. Brady D, Michael King John L. Felderman Conncil Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent.Council Member Pratt. Communication of Secretary of Tran sit Board submitting reply to their re~ quest h)r free bus rides to City em- and read. Council Member Brady moved that the communication he received and filed and refcred to Council. Seconded hy Council Member King. Carried by the following w)te: bets Brady, Felderman, King. Nays~None. Absent-Council Member Pratt. Verbal petition of Council Member Brady requesting to discuss and consid report and recommendation. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, ¢ounail Mem~ hers Brady, Felderman, I~ing. Nays-None. · ~ Absent-Count Member I ratt. Council Member Brady moved that John L. Oehrle and Jacqucline Merrltt he reappointed to the Civic Center ?qm mission ['or a two year term e×p~rlng June 29, 1982. Seconded by Council Member Fcldermaa. Carried by the fei Nays-None. CoUncil Member Felderman moved ,he following vot~e: bets Brady, Felderman, K!ng. Special Session, July 21, 1980 295 Nays-Council Member Brady. Absent-Council Member Pratt. RESOLUTION NO. 239.80 BE IT RESOLVED, By the City Coun- cil of the City of Dubuque, Iowa, that the followMg, having complied with the pro- visions of law relating to the sale of Cig- arettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said Ci~ & S CO., Inc. -- 4th and Main Streets. Passed, adopted, and approved this 2let day of July, 1980. Carolyn Farreil Mayor D. Michael King John L. Feiderman Council Members ATTEST: Mary A, Davis City Clerk Council Member King moved adop lion of the Resolution. Seconded hy Council Member Felderman. Carried by the following vote: Yeas-Mayor Farreil, Council Meal bers Felderman, King. Nays-Council Member Brady, Absent-Council Member Pratt. RESOLUTION NO. 240.90 BE IT RESOLVED, By the City Coun- cil of the City of Dubuque, Iewa, that the following, having compiled with the pro. visions of law relating to the sale of Cig- arettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Kevin Sch]osser -- 2195 Central Aw~. Iowa ()il Co. Jackson St. IOCO -- 1998 Jackson St. Passed, adopted, and approved Offs 2let day of July, 1980. Carolyn Farrcl] Mayor James E. Brady D. Michael King John L. Fclderman Council Members ATTEST: Mary A, Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. RESOLUTION NO. 241-80 WHEREAS, Applications for Beer Permits have been submitted and Bled to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW TItEREFORE BE IT RESOLV~ ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a beer permit. CLASS "C" BEER PERMIT Randalls Food International (Also Sunday Sales) - 2013 Central Ave. Save-U-More (HyVee Food Stores, Inc,) (Also Sunday Sales) - 3333 Asbury Road, Dubuque Packing Co. 701 E. 16th Street. Passed, adopted, and approved this 21st day of July, 1980. Carolyn Farrell Mayor Jumps E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrel[, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. RESOLUTION NO. 242.80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be ecru- )led by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed propm' bonds; NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Imperial Lanes, lac. (Also Sunday Sales) -- 3505 Stoneman Road, John F. Glynn - 760 E. 16th Street. Passed, adopted, and approved this 21st day of July, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Council Members 296 Special Session, July 21, 1980 ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. MINUTES SUBMITTED: Airport Commission of 7-5: Transfl Board of 6-12: Human Rights Commission of 6-tl,P & Z Commission of 7-2: Park Board of 74L presented and read. Council Member King moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. NOTICE OF CLAIMS -- Mildred M. Parkins, for personal injury in undeter- mined amount: Erwin J. and Alice E. Hafeman. in amount of $519.00 for backed-up sewer damages: Cletus Koos et ux for personal injuries and property damage, presented and read. Council Member King moved that the claims be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Communication of City Manager sub- mitring Resolution for release of funds for "4th Street Peninsula Storm Drain Project" presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Nays-None. Absent-Council Member Pratt. RESOLUTION NO, 243-80 Authorizing Submission o! a Request for Release of Funds for a Certain Community Development Block Grant Project. WHEREAS, the City of Dubuque, in conformance with the EnvironmentM Review Procedures for the Community Development Block Grant Program, completed an Environmental Asses- ment of the following identified proposal (project) with Community Development Block Grant funds; and "gth Street Peninsula Storm Drain Project" WHEREAS, lmrsuant to Resolution No. 225-80, adopted July 7, 1980, Public Notice of a "Finding of No Significant E f- feet on the Environment" for the posal {projectt was published July 8, 1980. in the Dubuque Telegraph tterald. a newspaper of general ¢trculatiom and provided for a public comment period until 12:00 noon. Friday, July 25, 1980: and WHEREAS. Public Notice of a "Find- mg of No Significant Effect on the Envi- romnent" for the proposal (project was sent by regular mail to various federal. state, and local public agencies and to the local news media, individuals and groups known to be intm, ested and be- lieved to be appropriate to receive such a Public Notice; and WHEREAS. any and all objections, if any, to such proposal have been duly con- sidered; and WHEREAS.it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Hens= ing and Urban Development for the lease of funds under the said Act to carry out the above identified project: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Environmental Review Record for the proposal (project) shall continue to remain on file in the Of- fice of the City Clerk, where said records may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and di- rected to submit to the U.S. Department of Housing and Urban Development on July 8, 1980, a request for release of funds to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to con- sent to assume the status of a respon- sible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development's responsibilities for review, decision making, and action as- sumed and carried out by the City of Du- buque as to environmental issues. Snnfion g. That the Mayor of the City of Dubuque is hereby authorized to con- sent personally, in her official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts, if an action is brought to enforce responsibilities in relation to environ- mental reviews, decision making, and ac~ tion. Section 5. That the Mayor of the City of Dubuque be and she is hereby author- ized and directed to execute a Certifica- Special Session July 21, 1980 297 tlon pertaining to the environmental re- view procedures. Section fl. That the City Clerk be and she is hereby authorized and directed to pablish a public notice for a Request of Release of Funds and Certification in the form of Exhibit "A' attached hereto and made a part hereof. Passed, adopted, and approved this 21zt day of July, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk PUBLIC NOTICE Pursuant to the Environmental Re- view Procedures for the Community De- velopment Block Grant Program, the City of Dubuque intends to file a request on July 28, 1980, for release of Block Grant funds for the following proposal (project): "4th Street Peninsula Storm Drain Project" The City of Dubuque has made an Eh- v~ronmental Review Record for the pro~ ject and has placed these records on file in the office of the City Clerk in City Hall, lgth and Central Avenue, Dubu- que, Iowa, where said records may be ex- amined and copied between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday until 5:00 P.M. on the 25th day of July, 1980. The name of the applicant is the City of Dubu~que, Iowa, and the Chief Execu- tive Officer ~f tho applicant is Mayor Carolyn Farrell, BVM, The mailing dress for both the applicant and the Chief Executive Officer is City Hall, 13th and Central Avenue, Dubuque, Iowa, 52001. The City of Dubuque will undertake the project described above with Block Grant funds from the U.S. Department of Housing and Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Caro- iyffFarrell, BVM, in h~r official capacity aa Mayor, consent to accept the jurisdic- tion of federal courts, if an action is brought to enforce responsibilities in re- lation to environmental reviews, deci- sion making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the Block Grant funds and HUD will have satisfied its responsibilities under the National Environmental Policy Act of 1969. HUD will accept an objection to its approval of t he release of funds and acceptance of the certifiea tion, only if it is on one of the following bases: (al That the certification was not in fact executed by the Chief Executive Officer or other officer of applicant ap. proved by HUD; or (b) That applicant's environmental review record for the project indicates omission of a required decistere finding, or step applicable to the project in the environmental review process. Objections must be prepared and submitted in accordance with the re- quired procedure (24 cfr, Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nebraska, 68106. Objections to the release of funds based on other than those stated above will not be consider- ed by HUD. No objection after the 8th of August, 1980, will be considered by HUD. Cmnments may be submitted to the City of Dubuque until 12:00 noon, Fri day, August 8, 1980, addressed to Care lyn Farrelil BVM; Ma~or of the City of Dubuque, City Hall, 13th and Central Avenue, Dubuque, Iowa, 52001. Dated and published July 22, 1980. Mary A. Davis City Clerk Council Member King moved adop- tion of the Resolution, Seconded by Council Member Brady. Carried by thc following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Proof of publication, certified to by the Publisher of Notice of finding of No Significant Effect on the Environment for "Operation Paintbrush" and Notice of Intent to file for release of Block Grant Funds for Removalof Architectural Bar riers, St. Mary's Street Drainage Pro- ject and Tri-State Independent Blind So- ciety Energy Conservation Projects, presented and read. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Me,n- bets Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Petition of I.W.I. Unit of American Diabetes Association requesting to eon- duct a Bike Ride in ~he City on Sept. 21 from 11:00 A.M. to 5:30 P.M. presented and read. Council Member King nmved that the )etition be referred tothe City Manager for implementation. Seconded by Coun- 298 Special Session. July 21, 1980 cilMember Brady. Carried by the follow- Yeas-Mayor FarrelL Council Mem- ~bers Brady, Feldermam King. Nays-None. Absent-Council Member Pratt, REFUNDS REQUESTED -- St. Pat~ tick's Parish in the amount of $225.00. on unexpired Beer Permit No. BB-6878, dis~ continued business on June 14,1980, pre~ Council Member King moved that the request be approved and referred to the City Auditor for iseuing of proper war- rant. Seconded by Council Member Braqy. Carried by the following vo~e: Yeas-Mayor Farre]l. Council Mere~ bets Brady, Feldermam King. Nays-None. Absent-Council Member Pratt. Communication of City Manager sub~ mitring response re request Ior Handi- capped Persons. Inc. regarding place- ment of signs reading "State Permit Re- quired,'' presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farreli, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. Communication of City Manager sub. mitring information pertaining to sever- al referrals made during the course of Council Meetin~;s to his office, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays None. Absent-Counci~ Member Pratt. Communication of City Manager sub- mitting report from Police Dept. regard- ing the July 4th Fireworks Display al Veteran's Memorial Park. presented and read. Council Member King moved that the commumcation be received and filed. Seconded by Council Member Felder- man. Carried by the following vo~e: Yeas-Mayor Earrel]. Council Mem- bers Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. Communication of Ken Schromen ex- pressing thanks for listening to their traffic problems on the 4th of July a~ Veteran's Memorial Park, presented Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vo~e: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. Communication of DubuqueFest '80 Organization advising of activities to be held in the 2nd Annual DubuqueFest Grand Parade on Sept. 26. 27. & 28. re- questing participation from the City Council, presented and read, Council Member King moved that the communication be received and filed and referred to Council. Seconded by Coun- cil Member Felderman. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem. bers Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. Communication of Counsel for KDUB- TV submitting reply to opposition in the petition of KDUB-TV for special relief. presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Feldermam King. Nays~None. Absent-Council Member Pratt. Communication of ~dmae E. Millit- zer, Mgr. of Teleprompter. advising of F.C.C.'s decision to gr~ant "significantly viewed" television stations full local sta- tus and to discontinue providing non-du- plication protection, presented ann read. Council Member King moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vo~e: Yeas-Mayor Farrell Council Mem~ bets Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. Mayor Farrell stated that the City of Dubuque had received their Preliminary Census Figures from the Federal Gov- ernment, which indicates the figure of 60,342, as the correct population figure for the City. There will be verification as ~o whether or noi this includes our an- nexed area. There being no further busines~ Council Member Felderman moved to adjourn. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrefi. Council Mdm- bets Brady, Felderman. King. Nays-None. Absent-Council Member Pratt. Mary A. Davis City Clerk Special Session, July 21, 1980 299 ApProved ...................... 1980 Adopted ......... ; ............. ~980 Council Members ATTEST: City Clerk 300 Special Session, JulY 30, 1980 CiTY"COONCIE OFFICIAL Special Session, July 30, 1980. Council met at 4:45 P,M. (D.S.T.) Presenl-Mayor Farrell, Council Members Brady, Folderman, King, Pratt, City Manager W. Kenneth Gear. harl. Mayor Farrell read the call and stated that service thereof had been duly made and this Meeting is a Special Session of the City Council held for the purpose to conslder adopting an Ordinance reclassi- fying that portion of Lot I of Inland Molasses Place that will accommodate the existing Molasses Plant and the pro- posed Expansion only from AG Agricul- tural District to H-I I{eavy Industrial District and acting upon such other buM- ness as may properly come before the Council. Communication of Corporation Coun- sel submitting proposed form of Agree- ment between the City and the Inland Molasses Co., presented and read. Corporation Counsel Russo submit- ted the verbal comment that the propos- ed Agreement between the City and In- land Molasses Co. had been prepared and delivered to the company's attor- ney. At this time the attorney for Inland Molasses Company was unavailahle for comment and no written responses were received. Council Member King moved that this matter be tabled for official action to the August 4, 1980 meeting. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Nays-None. Absent-Council Member Pratt. There being no further business, Council Member Pratt moved to ad. journ. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Regular Session CITY COUNCIL OFFICIAL Regular Session. August 4. 1980. Council met at 7:30 P.M. (D.S.T.) Present-Mayor Farrell. Council Members Brady, Felderman. Pratt. City Manager W. Kenneth Gearhart. Absenl. Council Member King. August4.1980 301 Wholesale Commercial District [)re sented and read. that action on this matter be tabled ~o the meetin~ of August 18. 1980. Second ed by Council Member Pratt. Carried hy