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1980 August Council Proceedings300 sPecial Session, July 30, 1980 CiTY"COONCiL OFFICIAL Special Session, July 30, 1980. Council met at 4:45 P.M. (D.S.T.) Present-Mayor Farrell, Council Members Brady, Feldermao, King, Pratt; City Manager W. Kenneth Gear- haH. Mayor Farrellread 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 adoptb~g an Ordinance reclassi- fying that portion of Lot ! 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 Heavy Industrial District and acting upon such other busi- ness as may properly come before the Council, Commnnication 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 unavailable 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 b,y, Council Member Pratt. Carried by thc 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 jourm 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. August 4. 1980 CITY COUNCIL OF~'ICIAL Regular Session, August 4. 1980. Council met et 7:30 P.M. (O.S.T.I Present-Mayor Farrell. Council Members Brady= Felderman. Pratt. City Manager W. Kenneth Gearhart. Absent,Council Member King. that service thereof~ Ired been d 301 Whnhmah~ Commercial Districi. ore Councb Member ]Pelderman moved that aetioll on this mat;er be tablet] ;o the meeting o1' August 18, 198,0. Second- ed hy Council Mer~ber th'att. Carried by thc followina vo~e: Yeas Mayor I"arrell. Council Mc~r Ahstm~ Council Member Kin~. RESOkOTION NO. 244.80 Resolution Further Adjourning Pro. ceedings in Connection with the Issu- ance of $3,400,000 Corporate Purpose Bonds of the City of Dubuque, Iowa. WHEREAS it isneeessarv and for the I)csi interest of tho City of Dubuque, 302 Regular Session, Augu_ ~t 4, 1980 own ~ t its inhabitants that works ~ad Sewage an( n(ustri d w mae in a saul ties is $460,000 and such acquisition, con provement and equipping constitutes all "essential corporate purpose" within the meaning of Scctlon 384.24i8d) of the Code of Iowa, 1979,as anmnded, and it is through the issuance of General Oblige Wltt,;ltl, iAS it is necessary and for the best interest of the Ci£y of Dubuque, mg of Sveuon 384.2418o of the Code of Iowa, 1979 as ameml]d, a~d it is propos- ed that the cost thereof be paid through Bonds of said Ct;y: and 384.2413n) of tb~, Code of Iowa, 1979, as Section 384.28 Iff tin, (lode oi Iowa, 1979, WIIEREAS a neticc of the intention du y published: and ¢]tlEREAS no oral or written objee~ rices have been tiled or made to thc issu- ance of said Corpora},e Pur lose Bonds and no petition bats been filed and no oral or written ob notions have been filed or made: end WHEREAS a public hearing wa.~ held on the issuance of said Corporate Pur pose Bonds on June 16 1980 and ad- joummd [o the tim(! and place of this mee£ing~ NOW THEREFOl{E BE IT RESOLV- ED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA. AF FOL- LOWS: , Section ~. that this hearing un the is. suanee of said bonds be and the same is aerebv further adjourned to the 18th day of August. 1980 at 7:39 o'clo~ k P M,, itt the Council Chamhersin the City Hall in said City, at which time and place Ibis Council may take further action tn eon ueetion ~ {th the issuance el these bonds. Section 2, That all resolutions or parts thereo~ in contlb~t herewith be and tbe same are bereb~ repealed and this resolution shall be effective forthwith unon its passage and approval. Passed and approved August 4. 1980, Carolyn Fart'ell Mayor ATTEST: Mary A. Davis City Clerk Council Memhe~ Felderman moved adontion el the Resolution. Seconded by Council Member Pralt. Carried by thy followin~ yom: Yeas Mayor Farrelb Cotlncil Mem- ber's Brady, Fclderman, Pratt, Nays.None. Absent-Council Member King. Regular Session, August 4, 1980 308 Kreiman, requesting his client be given trade time to obtain an R.N. Degree at Northeast Iowa Technical Instit ute, pre- sented and read. Council Member Felderman moved thet the communication be received and filed. Seconded by Council Member Pratt. The vote was as fellows: Yeas-Mayor Farrell, Council Member Felderman. Nays-Council Members Brady~ Pra:t~. Absent-Council Member Ki!lg. MOTION FAILED TO CARRY. Council Member Pratt, moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Attorney ~uann spoke to the commu- nication requesting favorable consider- ation for Mr. Kreiman so that he can fur~ thor his education, as this particular ca- reer-study cannot be obtained with the normal trade time bouts of 6 to 10 p.m., stressing that this matter should quire the approval of the division chief only, but they have come to the Council as a last recourse. Communication of City Manager rein tlve to Staff's recommendation of denial of Mr, Kreiman's request to trade time to attend nurse's training at Northeast Iowa Technical Institute, presented and read. Council Member Felderman moved that the communication be received and filed and denial approved. Seconded by Council Member Pratt, The vote was as follows: Yeas-Mayor Farrell, Council Member Felderman. Nays-Council Members Brady, Pratt. Absent-Council Member King. MOTION FAILED TO GARRY. Council Member Brady moved that this matter be referred to the City Man- ager to attempt to work out a possible tightening of a workable trade-time policy for the Fire Department and report back at the meeting of August 18, 19801 Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrcll, Council Mem- bers Brady. Pratt. Nays-Council Member Felderman. Absent-Council Member King, Petition of Alfred Polsean requesting to address the Council relative to peti- tion concerning lights on Crescent Ridge, cutting weeds and trees, also gar- bage pick-up, presented and read. Mr, Polsean addressed the Council on the specifics of his petition, stressing there shotdd be street lights every 300 feet Its Jn the downtown area; weed cut- ting in that area needs attention; re- questing traffic count on Crescent Ridge and suggested no bui[ding permits be is- sued until traffic problem solved; and is of the opinion that he should not be charged for services not being used, spe eifiea]ly, garbage pickup. Council Member Pratt moved that the petition be received ~nd filed and re- ferred ,to the City Manager and staff for folloW-up on concerns. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Communication of City Manager re questing Mayor be authorized to route the Fiscal Year 1981 State Operating Assistance Contract for the Transit System, presented and read. Council Member Felderman moved that the communication be received and filed and authorization approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent Council Member King. Communication of City Manager sub- mitting bidding procedures for the re- placement of brick, tuckpointing, water proofing and painting of trim and doors of City Hall, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas.Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays~None. Absent-Council Member King. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 245.80 fie il resolved by the City Council of the City of Dubuque, Iowa, that the pro~ posed plans, specifications, form of con- tract, etc. for the replacement of brick. tuckpointing, waterproofing and paint tag of trim and doors of City Hall, with the probable cost of $25,000, with a sixty calendar day completion, be approved and ordered filed in the office of the City Clerk. Passed, adopted, and approved this 4th day of August, 1980. Carolyn Farrell Mayor Michael W. Pratt James E. Brady John L, Feiderman Council Members Regular Session August 4, 1980 tkTTEST: Mary A. Daws City Clerk Council Member Felderman mowed adoption al the Resolution. Seconded by Council Member Pratt. Carried by the tallowing vote: Yeas-Mayor l;'arrelL Council Mem- bers Brady, Felderman. Prat[. Nays-None. Absent-Council Member King, (Necessity for Improvements) RESOLUTION NO. 246-80 WHEREAS. proposed plans, specifi- cations, and form o~ 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 thc tallowing: {11 Tbe plan of such improvement 2! An estimate of the east of the im- provement for the Replacement of brick tuekpointing, waterproof. ing and painting of trim and doors of City Hall. BE IT THEREFORE RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment. and unless interested persons at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the proposed pmns. specifications, con,tact or esti- mated east of the improvement, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be construct- cd and done in accordance with the plans and specifications which have been proved by the City Council and are now on tile with the City Clerk. That the cost and expense of making said unprow, ment will be paid tram the General Fund. The above resolution was introduced. approved and ordered placed on file with the City Clerk this 4th day of August, 1980, Approved and placed on file for final action. Carolyn Farrell Mayor Michael W. Pratt James E, Brady John L. Fclderman Council Members ATTEST: Mar3 A. Davis City Clerk Council Member Felderman moved appreval of the Resolution. Seconded by Council Member Pratt Carried by the f()llowing vote: Yeas-Mayor Farrell, Council Mem- bers Brany, Fc]derman. Pratt. Nays.None. Absent-Council Member King. (Fixing Date ot HearMg) RESOLUTION NO. 247.80 WHEREAS, tbe City Council of tbs, City of Dubuque, Iowa, has given its pre- liminarv approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk tar public inspection tar the replacement of brick, tuekpointing, waterproofing, and painting of trim and doors of City Hall, NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That on tbe 2nd day of September, 1980, a public hearing will be held at 7:80 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time the objectors for the proposed improve~ the proposed plans and specifications, torm at contract and ,~ost of said tm- provemenL and the City Clerk be and is hereby directed to cause s notice of time and place of such hearing to be published in some newspaper pu,lished in tbe City of Dubuque, [ow,q, which shall not be less than four days nor ~nore than twenty days prior to the day fixed for its consid era;lan, and the City Clerk be and is hereby directed to have published ;ne notice of pendency for said improve~ menl and the City L[erk is hereby directed td advertise for proposals to the contractors tar the construction of the above-mentioned improvement. Passed, adopted, and approved this 4th day of August, 1980. Carolyn Farrell Mayor Michae W. Pratt James E. Brady Jobn I,. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Fe]derman maved adoption of the Resolution. Seconded by Council Member Pratt, Carried ny the Yevs~Mayor Farrell Council Mem. bets Brady, Felderman, Pratt. Nays-None. Absent. Councd Member King. Communication of City Manager re- questing Council to advertise on ;wa separate occasions an opportunity for a Public Hearing an the design of the NW Arterial from D.S. 20 to pennsylvania Ave., presented and read. A representative of Brice-Petrides sq~oke to thc Gouncd relative to the eom- nlunication, explaining specifics. Council Member Febierman morea Regular Session, August 4, 1980 305 that the eommunicatiou be received and filed. Seconded by Council Member Pratt. Carried by the fo]lowing vote: Yeas-Mayor Farrell, Council Mere bets Brady, Felderman, Pratt. Nays~None. Absent-Council Member King. RESOLUTION NO. 248-80 A Resolution Providing for Opportu- nity for Public Hearing on Plan Design of North. West Arterial. WHEREAS, a Corridor Location Pub: llc Hearing was held on the North~west Arterial on July 14, 1978 and WHEREAS, a final Corridor Location was granted by the Iowa Department of Transportation on December 4, 1979, and WHEREAS, a contract for design of the sector of the North~West Arterial from U. S. Highway 20 to Pennsylvania Avenue was authorized by the City Council with Brice-Petrides and Asso- ciates on January 22, I980, and WHEREAS, the construction of the North~West Arterial from U. S. tlighway ~:0 to Pennsylvania Avenue is an integral element in the development of the Radford Industrial Park, and WHEREAS, Federal tlighway Ad- ministration regulations require that when FAUS monies or other Federal monies are used for highway construe~ tion that an opportunity for a Public Hearing be afforded the public on the proposed design of the facility. NOW THEREFORIq BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be im strutted to publish two notices of an op- portunity of a Public Hearing on the de- sign of the North-West Arterial from U. S. Highway 20 to Pennsylvania Avenue and that the public be given at least 21 days after the date of publication of the first notice of the opportunity for Public Hearing, and no less than 14 days after the date of publication of the second notice of the opportunity for Public Hearing. Passed, adopted, and approved this 4th day of August, 1980. Carolyn Farrell Mayor Michael W. Pratt James E. Brady John L, Felderman ATTEST: Council Members Mary A. Davis City Clerk Council Member Felderman moved adoption of the ResMuBon. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Men- bers Brady, Felderman, Pratt. Nays-None. Absent-Oouneil Member King. Communleation of P & Z Commission approving final plats of Lot l-lq of Faldorf's Place and "Twin Sisters Addl- tion~" presented and read. Council Member' Pratt moved that the eommunlcatlon be received and filed. Seconded by Council Member Felder~ man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem. bers Brady, Felderman, Pratt. Nays-None. Absent Council Member King. RESOLUTION NO. 249.80 A Resolution Approving the Subdivi- elon Plat ot Lot I of the Subdivision of Lot 1 of Lot ~ of Faldort's Place in the City of Dubuque, Iowa. WHEREAS, there has been tiled with the City Clerk the Subdivision Plat at Lot 1 of the Subdivision Lot 1 of Lot 1 of Faldorf's Place in the City of Dubuque, Iowa; and WHEREAS, said Pint has been exam ined by the City Planning and Zoning Commission and had its approval en dorsed by thereon; and WHEREAS, said Plat has been exam ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto: NOW TttEREFORE BE IT RESOLV- ED BY TIKE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: SeeBon ~. That the Subdivision Plat of Lot 1 of the Subdivision of Lot I of Lot I of Fahtorf's Place in the City of Dubu que, Iowa be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of I)u buque, Iowa upon said Plat. Passed, adopted, and approved this 4th day of August, 1980. Carolyn Farrel[ Mayor Michael W. Pratt James E, Brady John L. Felderm;tn Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adap tion of the Resolution. Secanded by Council Member Felderman, Carried by the following vote: Yeas-Mayor Farrell, Council Mere bets Brady, Feldcrman, Pratt. Nays-None. Absent Council Member King. RESOLUTION NO, 250-80 Resolution Approving the Plat of "Twin Sisters Addition" to the City of Dubuque, Iowa. WHEREAS, there has been filed with 306 Regular Session. August 4. 1980 the City Clerk, a plat of the Subdivision to be known as "Twin Sisters Addition' to the City of Dubuque, Iowa, by James A. Dockal and Myrtle L Dockal. Owners and Twin Sisters Subdivision. a Partner ship, hereinaRer referred teas the"Con- tract Purchaser Developer"; and WHEREAS. James A. Dockal and Myrtle I. Dockal have contracted to sell the property included in said plat ~o Twin Sisters Subdivision. a Partner- ship; and WHEREAS. Twin Sisters Subdivi sion. a Parr nershlp, will be the develop- er of said property, pursuant so a plan~ ned unit development which develop- meal together with the plans and speci. fications therefore, have heretofore been approved b! the City of Dubuque; and WHEREAS, there are on file in the Office of the City of Engineer of Dubu- que, Iowa, improvement plans and ac companymg specifications showing loca lion and grade of sanitary sewer, water mains, pavement and drainage facilities within the area shown on said plat; and WHEREAS said plat has been e×am- ined by the City Planning and Zoning Commission and had its approwd en dorsed thereon: and WHEREAS said plat has been exam- ined by the City Council and they find the same conforms to statutes and ordi- nances relating thereto, except thai drive grades have not been established. the drive brought to grade, or paving water lines, sanitary sewers or storm sewers installed: NOW TttEREFORE BE IT RESOLV- ED fly THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the easements for public utilities as the same appear upon said plat. be and the same are hereby cepted. Section 2. That the plat of "Twin Sis ters Addition" to the City of Dubuque, Iowa. be and the same is hereby approw ed and the Mayor and the City Clerk are hereby authorized and directed ~o eh- dm'se the approval of the City of Dubu- que, Iowa, upon said plat, provided the aforesaid Contract Purchaser/Develop- er, Twin Sisters Subdivision, a Partner- ship, executes its written acceptance hereto,~ttached, agreeing as follows: a. l o reduce ail drives to grade and to hard surface the drives with bi- tuminous concrete or with con crete paving, all in accordance with approved plans on file in the Office of the City Engineer, City of Dubuque, Iowa; b. To install storm sewers, catch- basins and piped storm outlets in accordance with the approved plans on file in the Office of the City Engineer~ City of Dubuque, c. To install water mains in accor dance with the approved plans and specifications on file in the Of- rice of the City Engineer, City el Dubuque. Iowa: d. To install sanitary sewer mares ~n accordance with the approved plans and specifications on file in the Office of the City Engineer. City of Dubuque, Iowa: e. To install adeuuate erosion con- trol measures at ell storm water outlet points and easements, as required, to ensure soil stability in accordance with Iowa Buide- lines for Soil and Water Conserve- ibm ill Urbanizing Areas publish ed by the Iowa Department of Soil Conservation: To recons;ruct tile intersection of Plymouth Cort't and Prince Philip Drive in accordance with the approved plans and specifica nons on file in the Office of the City Engineer: City of Duhuque, Iowa: provemen;s ia accordance with plans and specifications approved ny the City Manager. under the inspection of the City Engineer. and in a manner approved by the City Manager; h. To maintain the foregoing wa;er mains and sanitary sewer mums for a period of four 14~ years from tile date of their acceptance by the City of Dubuque. Iowa: i. To provide the foregoing con- struction and maintenance of all said improvements at the sole ex- pense of the Contract Purchaser lYevcloper. Twin Sisters SubdivL sion. a Partnership, or their suc cessors and assigns; j, To construct all said improve- ments prior tn August 4. 1982. SeoBon 3. That the sanitary sewers and water mains, as shown on the ap proved plans on file in the Office of the City of Engineer of the City of Dubuque, Iowa, shall be public improvements and are hereby so dedicated to the City of Dubuque, Iowa. It ig understood and agreed that upon final acceptance by the City, ~aid improvements shall be owned and maintained by the City of Dubuque, Section 4~ That the afo~:esaid Con- tract Purchaser/Developer hereby cove- nants and agrees with the City of Dubu que, Iowa, to establish a property owners association as an Iowa corpora- tion, which property owners association Regular Session August 4, 1980 307 shall provide for the maintenance, im- provement and development of real pro- perty, and the improvemen;s and fix- tures located thereon, described as: Lot 32 of "Twin Sisters Addition" to the City of Dubuque, Iowa. Said property owners association shall have the power to levy charges and assessments against members of said corporation which shall be liens against the property owned by the members of said corporation within "Twin Sisters Addition" to the City of Dubuque, Iowa, for purposes of maintaining, developing and improving Lot 32 of "Twin Sisters Addition" to the City of Dubuque, Iowa. Section 5. That Lot 82 of "Twin Sis- ters Addition" to the City of Dubuque, Iowa. shall be maintained for the purpos~ es identified in the approved Planned Unit Development plan and kept in neat appearance and proper order. Also with regard to Lot 32 of "Twin Sisters Addi- tion'' to the City of Dubuque. Iowa. it is understood and agreed that: a. The drives located on Lot 32 of "Twin Sisters Addition" to the City of Dubuque, Iowa. shall be private drives and owned by the aforesaid property owners associ- ation providing that the City of Dubuque. Iowa shall have a per- petual easement to enter and pa~s over and upon said drives for such ordinary maintenance services and emergency services as are re- gularly and customarily provided by the City of Dubuque. Iowa. and for such services or duties as the City of Dubuque, Iowa. may be obligated by law to perform on said premises, and further that the City of Dubuque. Iowa. may enter said drives and perform ne- cessary maintenance whenever the private owner fails to do so. and assess ail costs to such owner. b. All assessable costs for main~ ;chance or services, described herein, performed by the City of Dubuque, Iowa, on or directly benefiting, Lot 32 of "Twin Sis- ters Addition" to the City of Du- buque, Iowa, shall be assessed against the aforesaid property owners association and be a lien upon said real property. c. The future development and use of street access to the adjoining property to the west of "Twin Sisters Addition" to the City of Dubuque, Iowa, will be permitted over Lot 32 of the "Twin Sisters Addition" to the City of Dubuque, Iowa. Sectlorl 6, That the aforesaid Con- tract Purchaser/Developer shall secure the foregoing conditions by providing security in such form and with such sure- ty as may be approved by the City Manager of the City of Dubuque, Iowa. Section 7. That in the event the aforesaid Contract Purchaser/Develop- er. Twin Sisters Subdivision, a Partner- ship, shall fail to execute the acceptance and furnish the security provided for in Section 6 hereof within 45 days after the date of this Resolution, the provisions hereby shall be null aad void and thc ceptance of tile dedication and approval of the plat shall not be effective. Passed. adopted, and approved this 4th day of August, 1980. Carolyn Farrell Mayor Michael W. Pratt ,lames E. Brady John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 250.80 Comes now, the undersigned, Con~ tract Purchaser/Developer and having read the terms and conditions of the foregoing Resolution No. 250-80 and being familiar with the conditions there- of. hereby accepts the same and agrees to perform the conditions required therein. Dated in Dubuque, Iowa, this 3rd day of September, 1980. CONTRACT PURCttASER/ DEVELOPER TWIN SISTERS SUBDIVISION, A PARTNERStflP By: Thomas A. Luksetieh, Partner Come now, James A. Dockal and Myrtle I. Dockal, husband and wife, of Dubuque, Iowa, and state that they arc the contract sellers of the real estate de scribed in said Resolution, and in cmnpli ance with the land contract between them and Thomas Luksetieh, the Con true; Purchaser/Developer, do not and shall not object to the provisions and conditions uf said Resolution; and con sonant with the terms of the land con tract, although not hereby personally agreeibg to perform the conditions of said Resolution, accept same, It is fur ther understood and agreed by the ua dersigned that they acknowledge and agree that in the event the Contract Pur- chaser/Developer does not comply with the provisions and conditions of the said Resolution that the "Twin Sisters Addi tion" plat shall be void. Dated in Dubuque, Iowa, this 25th day of August, 1980. James A. Docka] Myrtle l. Dockal 308 Regular Session, August 4, 1980 TO: Mary A. Davis City Clerk This is to certify that the security pro- vided by tbe foregoing Resolution No. 250-80 has been furnished by the Con. tract Purchaser/Developer. Dated at Dubuque. Iowa~ this 3rd day of September. 1980. W. Kenneth Gearhari City Manager Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas~Mayor Farrell. Council Mem- bers Brady, Felderman. Pratt, Nays-None Absent-Council Member King~ (lommunication of Lyda Specht of 95 Valley Street advising of water runoff problem from Villa Street onto her pro. per~y, presented ant read. Council Member Felderman moved that the communication be received and filed and referred to the City Manager for staff repor~ and recommendation. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrell, Council Mem- bers Brady, Felderinan, Pratt. Nays-None. Absent-Council Member King. Communication of Jim Gloor submit- ting resignation as a Cmnmissioner from the Airport Commission, presented and read, Council Member Prat~ moved that the communication be received and filed and accepted with regrel~. Seconded by Council Member Felderman, Carried by the following vo~e: Yeas-Mayor Farrel]. Council Mcm~ bors Brady, I%lderman. Pratt. Nays-None. Absent-Council Memher King. RESOLUTION NO. 251-80 BE IT RESOLVED, By the City Corm- ell of the City of Dubuque. Iowa. that the folk~wing having complied with the pro- vis~ons of law relating to the sale of Cig- arettes within the City el Dubuque, Iowa. be granted a permit to sell Cigar cites and Cigarette Papers within said City. Bear's IOCO - 1399 White St. William N. Billikas - 926 Main St. Crane Enterprises - Asbury Square Dubuque Inn - Best Western -- 3434 Dodge St. Jeannine A. Kersch -- 1555 Central Ave. Earl Tegeler - Milk House - 2311 Windsor Ave. Earl Tegeler - Milk House - 620 S. Grandview Ave. Mister Donut - 900 Dodge St. Sally Jo Roy 400 Central Ave. Passed, adopted, and approved this 4th day of August, 1980. Carolyn Farrell Mayor Michael W. Pratt James E. Brady John L. Felderman Council Members ATTEST: Mary A Davis City Clerk Council Melnner Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following ye;e: Yeas-Mayor Farrcll. Council Mem. bors Brady, Feldermaa Pratt. Nays-None. Absent-Council Member King. RESOLUTION NO. 292-80 WHEREAS, Applications for Beer Permits have neon submitted and filed to this Council for approval and the same have been examined and approved; WHEREAS, The premises to be occn- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bends: NOW THEREFORE BI'] IT RESOLV- ED BY TItE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be au;horizcd to cause ~o be issued ;o Lhe followin~ named applicants a Beer Permit, CLASS "B" BEER PERMIT Saint Columbkille Church (Also Sun- day Sales) .- 1240 Rush S;rec;. CLASS "C" BEER PERMIT Earl Glenn Corbe[t ~A~so Sunday Sales) - 408 West Locust St. Passed. adopted, and approved this 4th day of Augnsr. 1980. Carolyn Farrcll Mayor Michael W. Prati James E. Brady John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Feldcrman moved adoption of the Resolution. Seconded by Council Member Pratt. Garrled by the following vo~e: Yeas-Mayor Farrell. Council Mom- hers Brady, Felderman. Nays-None. Absent-Council Member King. RESOLUTION NO. 253.80 WHEREAS. Applications for IAqnor Licenses have been submitted ;o this Council for approval and the same have ibeen examined and approved: and WHEREAS. The premises to be occu pied by such applicants were inspected Regular Session, August 4, 1980 309 and £ound to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Liquor License, CLASS "C" COMMERCIAL BEER AND LIQUOR LICENSE Amvets Post No. 3 -- 36 West 4th St. CIatr L, Haas (Also Sunday Sales) - 2617 University Ave, James J. Klauer - 1646 Asbury Road. Liberty Restaurants, Inc. (Also Sun- day Sales) - 401 Central Ave. Sally Josephine Roy -. 400 Central Avenue. Darlene E. Sexton .- 1602 Central Ave. Passed, adopted, and approved this 4th day of August, 1980. Carolyn Farrell Mayor Michael W. Pratt James E. Brady John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bors Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. MINUTES SUBMITTED -- Dock Commission, Coffee fed Minutes of 5-29; 7-19, and 7-18; Housing Commission of 7-15i P &:Z commission 0~ 7-1:6i Play- ground and Recreation Commission of 7-14 and 7-21; Transit Board of 7-10, also comparative Earnings Statement for month of June, 1980; Airport Commis- sion of 7-12; Five Flags Commission of 7-12; Historic Preservation Commission of 0-24; presented and read. Council Member Felderman moved that the minutes be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Earrell, Council Mem- bers Brady, l%lderman, Pratt. Nays-None. Absent-Council Member King. NOTICES OF CLAIMS - Wm. J, and Ruth O. Sunset, in est. amount of $2800 for property damages; Mary Shears, in amount of $70.00 for personal injury re- ceived at Municipal Pool; Robert J, Ptas- zenski, in est. amount of $44 for personal property damages; Notice of Suit by Richard A. Bean for damage caused by backed-up sewer in amount of $703.93 (Small Claims Court); presented and read. Council Member Felderman moved that these claims and suits be referred to the Corporation Counsel. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Me,- bors Brady, Felderman, prat~I Nays-None. Absent-Council Member King. Petition of Jack Jones & Sons, Exca- vating Inc, requesting ti) excavate at 96 Alpine Street to repair broken water service, presented and read. Council Member Felderman moved that the petition be received and filed and approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem. bors Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Petition of Robert J. Schulte, Contrac- tor, requesting to excavate at 796 Alpine Street to repair water leak, presented and read. Council Member Felderman moved that the petition be received and filed and approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Communication of City Manager sub- mitting monthly reports for month of June, 1980, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent-Council Mo~nber King, Communication of William B. Jones, submitting report on progress of the summer program of Mayor's Summer Youth Employment Program, presented and read. Council Member Felderman moved that the communication be received and filed, Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, PratL Nays-None. Absent-Council Member King. Communication of Iowa State Depart- ment of Health submitting report on con- ditions found and recommendations for ~mprovement for Flora Park Pool and Municipal Pool, presented and read. Council Member Felderman moved 810 Regular Session. August 4, 1980 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, Pratt~ Nays-None. Absent-Council Member King. Communication of City Manager per-, taining to State tIealth Department's re~ port, presented and read. Council Member Felderlnan moved that thqcommunication be received and filed. S~conded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarreB, Council Mem- bers Brady, Felderman, Pratt. Nays-None. Absent. Council Member King. Communication of State Building Code Commissioner advising of Public Hearing to be held on August 14 & 21st at 10:00 a.m. in the Conference Room of the Office of Planning & Programming in Des Moines, Ia,, regarding the updating and revising of the current building code, presented and read, Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, pratt. Nays-None. Absent-Council Member King. Communication of Dubuque Associa- tion of the Blind advisb~g of their ban- quet to be held on September 20th and requesting Council participation, pre- sented 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, Pratt. Nays-None. Absent-Council Member King. Communication of P & Z submitting amendments to the Zoning Ordinance up to and including July 7, 1980, presented and read. Council Member Fetderman 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, pratt. Nays-None. Absent-Council Member King, There being no further business, Council Member Pratt moved to ad- journ. Seconded by Cmmcfi Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mere bors Brady, Felderman, Pratt. Nays-None. Absent-Council Member King. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Special Session, August 18.1980 311 CITY COUNCIL OFFICIAL Special Session, August 18, 1980. Council met at 7:30 P.M, (C.D.T.) Present-Mayor Farrell, Counnll Members Brady, Feldermsn, King, Pratt. City Manager W. Kenneth Gear* hart, Corporation Counsel R, N. Runso. Mayor Farrell read the call and stated that service thereof had been duly made and this meeting is an adjourned special session of the City Council of June 16, and August 4, 1980 called for the put- pose to consider a Resolution providing for the advertisement of $3.400.000.00 Corporate purpose bonds for the City of Dubuque, Iowa and acting upon such other business as may properly come before the Council. Invocation was given by Rev. Thomas Vos of Holy Trinity Church. Proclamations declaring August 24 to August 31st as "Dubuque Symphony Or- ehestra Week" and August 26th as "Women's Equality Day," were read by Mayor FarrelL Proof of publication, certified to by the Publieher oi Notice of Public Hear. lng of Intention to Issue Industrial De. velopment Revenue Bonds Series 1980 (Cycare Systems, Inc. Projectl, present- ed 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 FarreB. Council Mem- bors Brady, Felderman, King. Pratt. Nays-None. RESOLUTION 254.80 Resolution to Proceed with the Issu. anco and Sale of Industrial Develop. merit Revenue Bonds Series t 960 icy. Care Systems, Inc. Project) in an Ag- greg-ate'Pdnnlpal Amount Not to Ex- ceed ~3,000,000. WHEREAS, the City of Dubuque, Iowa. fn the County of Dubuque, State oX Iowa ithe "Issuer") is an incorporated municipality authorized and empowered by the provisions 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 acquir- ing, by construction or purchase, land, buildings, improvements an,d. equip- m~nf~0r ~y i~erest thereinsmtable f~r tho use of any industry or industries for the manufacturing, processing or assem- bling of any agmcuRural or manufactur- ed products or of any commercial enter- pri~-~ eng~¢d in -storing, warehousing or distributing products of agriculture. mining or industry, or of a national, re- gional or divisional headquarters facility of a company that does multistate bust ness: and WHEREAS, the Issuer has been re quested by CyCare Sys[ems, Inc. (the "Company"). an Iowa corporation, to issue its industrial development rove hue bonds to finance the Company's ac- quisition by construction or purchase of eqmpmen~ and improvements suitable for the use of a national, regwnal or divi- sional headquarters facility (the 'Pro- ject'') to be located within the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employmenl substantial payrolls and other public benefits flowing ~herefrom; and WHEREAS, it is proposed to finance the cost of the Project through the Jesu- anco of Industrial Development Rove- nue Bonds, Series 1980 CyCare Sys- tems. Inc. Project~ of the Issuer in an ag- gregate principal amount not to exceed $3,000,000 Ithe "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay tho principal of and in- terest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHERAS, notice of intention to issue ~he Bonds has, as directed by the City Council et the Issuer, been duly given in compliance with the Act: and WHEREAS. a public hearing has been held on the proposal to tssue the Bonds at the hmo and place as specified in said notice and all objections or other comments relating to the msuance of the Bonds have been heard: NOW THEREFORE BE IT RESOLV ED BY TIKE CITY COUNCIL OF THE ISSUER AS FOLLOWS: $ontlon t. It is hereby determined it is necessary and advisable that the Issu- er proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance the cost of the Pro- ject, and such actions will be taken by the Issuer as may be required pursuant to the provmmns of the Act to authorize, issue and sell the Bonds. Section 2. The Issuer will enter into all agreements necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. The City Attorney shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agree- ments shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. 312 Special Session. August 18. 1980 Section 3. The Mayor, the City Clerk and the City Attorney are hereby au- thorized and directed to do any and ail things deemed necessary in order to ef- fect the accomplishment of the Project and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereo£ in conflict herewith are hereby repealed to the extent o£ such conflict. Section $. This Resolution shall become effective immediately upon its passage and approval. Passed, adopted, and approved this 18th day of August, 1980. Carolyn Farrell Mayor ATTEST: Mary A. Davis City Clerk (Seal) Council Member King moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RIESOLUTION NO. 295.80 Resolution Further Adjourning Pro- ceedings in Connection with the Issu. anne of $3,400,000 Corporate Purpose Bonds of the City of Dubuque, Iowa. WHEREAS it is necessary and for the best interest of the City of Dubuque, Iowa and its inhabitants that street im- provements be constructed, recon~ strutted and repaired in and for said Ci- ty and the estimated cost of such street improvements is $2,255,000 and the con- struction, reconstruction and repair thereof constitutes an "essential corpor- ate purpose" within the meaning of Sec- tion 834.24(3a) of the Code of Iowa, 1979, as amended, and it is proposed that the cost thereof be paid through the issu- ance of General Obligation Bonds of said City; and WHEREAS it is necessary and for the best interest of the City of Dubuque, Iowa and its inhabitants that street lighting fixtures be acquired, construct- ed and installed in and for said City and the estimated cost of such street lighting fixtures is $50,000 and the acquisition, construction and installation thereof constitutes an "essential corporate pur- pose'' within the meaning of Section 354.24(3b) of the Code of Iowa, 1979. as amended, and it is proposed that the cost thereof be paid through the issuance of General Obligation Bonds of said City; and WHEREAS it is necessary and for the best interest of the City of Dubuque, Iowa and its inhabitants that works and facilities useful for the collection and dis- posal of surface waters and streams be acquired, constructed. ~econstructed. extended, improved and equipped and the estimated cost of such works and fa- cilities is $435.000 and such acquisition. construction, reconstruction, extension. improvement and equipping constitutes an "essential corporate purpose" within the meaning of Section 384.24(3d) of the Code of Iowa. 1979. as amended, and it is proposed that the cost thereof be paid through the issuance of General Obliga- tion Bonds of said City; and WHEREAS it is necessary and for the best m~erest ox the City of Dubuque, Iowa and its inhabitants that works and [acilities useful for the collection treat- rnent and disposal of sewage and indus- trial waste tn a sanitary manner be ac- quired, constructed, reconstructed, ex- tended, improved and equipped and the estimated cost of such works and facili- ties is $400,000 and such acquisition, con- struction, reconstruction, extension, im- provement and equipping constitutes an "essential corporate purpose" within the meamng of Section 384.24(3d) of the Code of Iowa. 1979, as amended, and ii is proposed that the cost thereof be paid through the issuance of General Obliga- tion Bonds of said City; and WHEREAS it is necessary and for the best interest of the City of Dubuque, Iowa and its inhabitants that parks already owned by said City be rehabili- tated and improved and the estimated cost of such rehabilitation and improve- ment is $125,000 and such rehabilitation and improvemen~ constitutes an "essen- tial corporate purpose" within the mean- lng of Section 384.24(3o) of the Cede of Iowa, 1979 as amended, and it is propos- ed thai the cost thereof be paid through the issuance of General Obligation Bonds of said City; and WHEREAS it is necessary and for the best interest of the City of Dubuque, Iowa and its inhabitants that the airpor~ already owned by said City be improved and the estimate(] cost of such improve- ment is $75,000 and such improvement constitutes an "essential corporate pur- pose'' within the meaning of Section 384.24(3n] of the Code o~ Iowa. 1979, as amended, and it is proposed that the cost thereof be paid through the issuance of General Obligation Bonds of said City; and WHEREAS under the provisions of Section 384.28 of the Code of Iowa. 1979. as amended, separate categories of es- sential corporate purposes may be incor- porated in a single notice of intention [o institute proceedings for the issuance of bonds: ann WHEREAS a notice of the intention of this City Council to take action in con- I nection with the issuance of $3.400,000 Special Session, August 18, 1980 Corporate Purpose Bonds to pay the cost of constructing, reconstructing and repairing street improvements to the amount of $2,255,000, acquiring, con- strutting and installing street lighting fixtures to the amount of $50,000, acquir- ing, constructing, reconstructing, ex- tending, improving and eq nipping works and fasilities useful for the collection and disposal of surface waters to the amount of $455,000, acquiring, constructing, constructing, extending, improving and equipping works and facilities useful for the collection, treatment and disposal of sewage and industrial waste tn a sani- tary manner to the amoun~ of $460,000, rehabilitating and improving parks al- ready owned by said City to the amount of $125,000, and improving the airport already owned by said City to the amount of g75,000, was heretofore duly published; and WHEREAS no oral or written objec- tions have been filed or made to the Jesu- anco of said Corporate Purpose Bonds and no petition has been flied and no oral or written objections have been filed or made: and WHEREAS a public hearing was held on the issuance of said Corporate Pur- pone Bonds on June 16. 1980, adjourned to August 4, 1980 and further adjourned to the time and place of this meeting; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOL- LOWS: Secflon ]. That this hearing on the is- suance of said bonds be and the same is hereby further adjourned to the 15th day of October 1980 at 1 o'clock P.M. at the Council Chambers in the City Hall in said City, at which time and place this Council may take further action in con- nection with the ~ssuance of these bonds. Section 2. That all resolutions or parts thereof ir conflict herewith be and the same sro hereby repealed and this resolution shall be effective forthwith upon/ts passage and approval. Passed and approved August 12,1980. Carolyn Farrell Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop~ lion of the Resolution. Seconded by Council Member King. Carried by the t~llowiug vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 256.80 Resolution providing for the advertise. ment of ~$,400,000 Corporate Purpoee Bonds. 313 WHEREAS the City Council of the City of Dubuque, Iowa. has heretofore determined it to be advisable and neces- sary to construct, reconstruct and repair certain street improvements, to acquire, construct and install street lighting fix- tures, to acquire, construct, reconstruct, extend, improve and equip works and fa~ cilitle~ useful for the collection and disposal of surface waters and streams, to acquire, construct, reconstruct, ex- tend, improve and equip works and faciL itles useful for the collection, treatment and disposal of sewage and industrial waste in a sanitary manner, allin and for said City, to rehabilitate and improve certain parks already owned by the City, to improve the airport already owned by the City and such improvements ~on- stitute "essential corporate purposes" within the meaning of Section 384.24(3) of the Code of Iowa. 1979, as amended; and WHEREAS under the provisions of Section 384.28 of the Code of Iowa, 1979, as amended, the City Council may elude in a single resolution and se]] as a single issue of bonds ~ny number or com- bination of essential corporate purposes; and WHEREAS it is necessary and for the best interest of said City that $3,400,000 Corporate Purpose Bonds contempIated to be issued to pay that part of the cost of the aforesaid improvements be offered for sale in the manner required by Chap- ter 75 of the Code of Iowa, I979, as amended: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, AS FOL- LOWS: Section 1. Thai Corporate Purpose Bonds of said City in the amount of $3,400,000 be advertised for sale, purse- ant to published notice in substantially the form attached hereto as Exhibit A, and the City Clerk be and she is hereby authorized and directed to publish such notice of sale once each week for at least two consecutive weeks in the "Tele- graph Herald," a newspaper published and of general circulation in Dubuque County, Iowa. Section 2. That the City Clerk is here- by authorized to cause such ~dditional circulars to be prepared as may be deem ed to be advisable in order to afford due publicity to the sale of said bonds. Bectlon 3. That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby pealed. Passed and approved August 18,1980. Carolyn Farrel] Mayor 314 ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution, S~coa~ed by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bors Brady, Felderman, King, Pratt. Communication of Corporation Coun- scl submitting Memorandum of Agree.. ment executed by Inland Molasses Co. relating to rezoning of certain real estate in ~he City, presented and read. Council Member Felderman moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Attorney Hughes addressed the Council on behalf of Inland Molasses, stating that he was in agreement with amending the Memorandum of Agree: ment to exclude the word "reasonable" and also clarifying the legal description. MEMORANDUM OF AGREEMENT WHEREAS, Inland Molasses Com- pany has petitioned the City Council of the City of Dubuque, Iowa, for the re- classlfleation of certain real estate in the Cty of Dubuque Iowa from its present Agricultural District Class flcation to Heavy Industrial District Classification; and WHEREAS, the City Council of the City of Dubuque, Iowa, has received the recommendation of the Planning and Zoning Commission of the City of Dubu- quo, Iowa, and has held a public hearing on this matter and extensive discussions and debate have been heard for and against the proposition to rezone said property; and WHEREAS, the petitioner in public hearing before the City Council of the City of Dubuque, Iowa, at the meeting of the City Council on the 21st day of July, 1980, stated and represented to the City Council of the City of Dubuque, Iowa, that the purpose of the rezoning request was to put an addition to the present fa- cilities of the Inland Molasses Company facility commonly known and described as the "Blood plant" and that said im~ provements, extensions and additions, among other things, would be calculated to eliminate the odor pollution caused by the operation of said plant from time to time; and WHEREAS, at said public hearing held on the 21st day of July, 1980, before the City Council of the City of Dubuque, Iowa, there were a number of inhabi- rants of the area who orally registered Special Session, August 18, 1980 their complaints against the Inland ~lolasses Company alleging and stating that noxious vapor emissions have been emanating from said plant fi'om time to time and that said noxious vapor emis sions were offensive and substantially interfered with the enjoyment of their respective properties by reason thereof; and WHEREAS, the City Council of the City of Dubuque, Iowa, by and through each of the members thereof stated that they were relying on the representa- tions that the plant expansion, addition and]or improvements would, among other things, be calculated to solve the odor problem for the entire plant; and WHEREAS, in reliance on said repre~ sentations, the City Council of the City of Dubuque, Iow a, ordered that a portion of the property petitioned to be rezoned from its present Agricultural Classilica- tion to Heavy Industrial Classification~ NOW THEREFORE IT IS AGREED by and between the City of Dubuque, Iowa, and Inland Molasses Company, for good and valuable consideration and the mutual covenants herein undertaken, as follows: 1. That the Inland Molasses Company does hereby acknowledge, agree and un. derstand that the City Council of the City of Dubuque, Iowa, was and is rely- ing on the material oral representations made by, for and on behalf of Inland qiolasses Company that the petitioned rezoning classification would allow and permit the said company ~o make im- provements, expansion and additions to the existing plant, which, among other things, would be calculated to solve the problem of noxious odors, if any,emanat- lng from said plant: 2. Inland Molasses Company for itself, its successors and assigns does hereby covenant and agree to make such plant expansion, additions and]or improve- ments in such manner that the same would be calculated to eliminate the emission of noxious vapors, if any, emanating from said plant. 3. That the City Council of the City of Dubuque, Iowa, relying on said material representations does hereby elect to grant the rezoning petition by petiti¢.ner as pertains to that portion Of the proper ty as described as follows: That portion of Lot i of "Inland Molasses Place" in the City of Dubu- que, Iowa, described as follows: Commencing at the Southeast Cor- ner of said Lot 1 of Inland Molasses Place in the City of Dubuque, Iowa. and running Westerly 276 feet along the southerly property line thereof and parallel to ~he Illinois Central Gulf Railroad tracks to a point of be- Special Session ginning; thence North at a right angle to the established southerly property line, a distance of 65 feet to a point; thence East a distance of 70 feet to a point; thence North a distance of 100 feet to a point; thence West a distance of 121 feet to a point; thence North a distance of ll0 feet to a point~ thence West a distance of 235 feet to a point; thence South a dis- tahoe of 185 feet to a point; thence East a distance of 93 feet to a point; thence South a distance of 92 feet to a point which intersects with the southerly property line; thence East along said southerly property line a O!sta. nce of 195 feet to the point of be- gmmng. Dated at Dubuque, Iowa, this 18th day of August, 1980. CITY OF DUBUQUE, IOWA By: Carolyn Farrell Mayor INLAND MOLASSES COMPANY By: Thomas R, Berry Vies President of Operations Council Member Felderman moved that the agreement be approved as amended, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 53.80 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 CERTAIN DE- SCRIBED PROPERTY ON JIJLIEN DU. BUQUE DRIVE EXTENSION FROM AG AGRICULTURAL DISTRICT CLASSI- FICATION TO H.I HEAVY INDUSTRI- AL CLASSIFICATION, said Ordinance having been previously presented at the meeting of June 16, July 21, and August 4, presented for final &doption, ORDINANCE NO. 53.80 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 ON JULIEN BUQUE DRIVE EXTENSION FROM AG AGRICULTURAL DISTRICT CLASSI~ FICATION TO Hd HEAVY INDUSTRI- AL CLASSIFICATION. NOW THEREFORE BE IT ORDAIN. August 18,1980 315 ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinanc- es of the City o/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 hereinafter de- scribed property from "AG Agricul- tural District" classification to "H-1 Heavy Industrial District" classifi- cation, to wit; That portion o/Lot ~ of "Inland Mo- lasses Place"in the City of Dubuque, lowo~ described as follows: Commencing at the southeast corner of said Lot I of "Inland Molasses Pines'in the City of Dubuque, Iowa and run~ing Westerly 276feet along the southerly property line thereof and parallel to a point of beginning; thence North at a right angle to the established southerly property line, a distance o/65feet to apoint thence East a distance of 70feet to a point; thence North a distance ofl OO fee t to a point; thence Wes t a distance of 1~1 feet to a point,, thence North a dis~ tance of 110 feet to a point; thence West a distance of 235 ~be t to a peint; thence South a distance of l85 feet to a point; thence East a distance of 93 feet to a point; thence South a dis- tance o f 92 fee t to a point which inter- sects with the southerly property line; thence East along said souther lyproperty line adistance of l95 feet to the point of beginning. Sactton 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 18th day of August, 1980. Carolyn FarreII Mayor Michael W. Pratt James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of August, 1980. Mary A. Davis City Clerk It 8/22 Council Member King moved final adoption of the Ordinance as amended. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Special Session, August 18, 1980 317 316 Special Session August__ 18. 1980 Communication of P & Z submitting FURTHER, BY ENACTING A NEW addendum [o Ordinance regarding the SECTION 4-122 OF ARTICLE IV, CRE. proposed C-7 Commercial District Amendments, 0resented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vo~e: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. ORDINANCE NO. 54-80 AN ORDINANCE OF THE CITY OF DU- BUQUE. iOWA. PROVIDING THAT THE CODE OF ORDINANCES, CiTY OF DUBUQUE, iOWA SE AMENDED BY REVISING APPENDIX A THERE- OF. ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, ~OWA" BY ENACTING A NEW SECTION 101.1,4.7 OF ARTICLE I ADDING C.7 GENERAL SERVICE AND WHOLESALE COM- MERCIAL DISTRICT TO THE LIST OF COMMERCIAL DISTRICTS ESTAS. LISHED BY THE ORDINANCE: AND FURTHER, BY ENACTING A NEW SECTION 4-122 OF ARTICLE IV, CRE. ATING THE C.7 GENERAL SERVICE AND WHOLESALE COMMERCIAL DISTRICT, PRESCRiBiNG THEREIN, A GENERAL STATEMENT OF IN- TENT. PRINCIPAL PERMITTED USES~ ACCESSORY USES, CONDITIONAL USES, PROHIBITED USES, SCHE- DULE OF DISTRICT REGULATIONS, AND DISTRICT STANOARDS: AND FURTHER, BY REPEALING CERTAIN PROVISIONS OF SECTION 5-t04.4 OF ARTICLE V AND ENACTING NEW PROVISIONS THEREOF REGARDING PARKING SPACE REQUIREMENTS FOR WHOLESALE SALES OR STOR. AGE FACIMTIES: AND FURTHER, BY AMENDING SECTION 5-105.2 OF AR- TICLE V TO PROVIDE REGULATIONS FOR SIGNS IN THE C.7 GENERAL SERVICE AND WHOLESALE COM- MERCIAL DISTRICT, said Ordinance having been previously presented and read at the meeting of Jul~ 7, 1980, pre- sented for final adoption. ORDINANCE NO. 54.80 AN ORDINANCE OF THE CITY OF DU. BUGUE. 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 OUBUQUE, iOWA" BY ENACTING A NEW SECTION 101.1.4.7 OF ARTICLE I ADOING C.7 GENERAL SERVICE AND WHOLESALE COM. MERC]AL DISTRICT TO THE LiST OF COMMERCIAL DISTRICTS ESTAB' LISHED BY THE ORDINANCE: AND ATING THE C-7 GENERAL SERVICE AND WHOI. ESALE COMI~ERCIAL DISTRICT, PRESCRIBING THEREIN, A GENERAL STATEMENT OF IN. TENT, PRINCIPAL PERMITTED USES. ACCESSORY USES, CONOITIONAL USE$~ PROH B TED USES, SCHE. 0uLE QF DISTRICT REGULATIONS, AiqD DISTRIC~' STANDARDS: AND FURTHER, BY REPEALING CERTAIN PROViSiONS OF SECTION 5-104.4 OF ARTICLE ¥ AND ENACTING NEW PROVISIONS THEREOF REGARDING PARKING SPACE REQUIREMENTS FOR WHOLESALE SALES OR STOR- AGE FACILIT~ES AND FURTHER, BY AMENDING SECTION 5-105.2 OF AR- [ TICLE V TO PROVIDE REGULATIONS / FOR SIGNS iN THE C-7 GENERAL / SERVICE AND WHOLESALE CUM- / MERCiAL D STRICT. ~ NOW THEREFORE BE IT eRDA N- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That time Code of O~'d~nanc- es of the City of Dubuque, Iowa, be I amended by revising,~ppendixA there. ~ of also known as the 'Zoning Ordinance ~ and Zoning Map of the City of DUbt~que, ~ Iowa" by enacting a new Section [ 1.101.4. 7 o/Articl( I to .wit: ARTICLE ~' ESTABLISHMENT O~ DISTRICTS: PROVISIONS FOR O1~- FILIAL ZONING MAP AND INTER- IPRETATION AND AMENDMENT THEREOF Section 1-101 ESTASLI8 HMENT OF DISTRICTS 1-101.4 Commercial Districts 'Z C.? General Service and Wtwlesale Commercial District" Section 2. That the Code of Ordi- nances of the City ~,f Dubuque, Iowa, be amended bb revism9 Appendix A thereo] ,dso known as ~he "Zoning Ordinance and Zonin9 Map of the Ci- ty o! Dubuque, Iowa" by enacting a new S~ ~t~o~ 4-122 DJ Article IV. to The C-7 General Service a~gl Whole- [ to provide areas for a variety of sar- i some limited office re tail and indus- by ma3br repair of mOtor ~e hicles, or by outdoor storage. Unless their de- velopment and operation is ade- quately planned and controlled, these uses can lead to an erratic and incomplete land development pat- ter~ a lose of value and utility in sur- rounding properties and a reduction of t~q safety a~l efficiency of public buffering the negative aspects and side effects of these uses upon neigh- tic streets, Special emphasis shall be placed on traffic considerations and site design standards in decisions new C-? Commercial Districts. 4-1~2.~ Principal Permitted Uses §uild~ng, structure ~r ~a~d sh~JJ be used, part, except for the following purposes: 1. Commemlal Service Uses: not including sales of retail conve- nience goods. equipment and supply sales and ser- vice. lions or car washes, d. Commercial machine, equip- e. Contractor's offices. f. Electric motor sales, service and g. Engine sales and service. h. Line~ towel, diaper or silr~ilar i. Plumbing and heating equip- 3'. Re.t¥igeration equipment and eluding retail garden and l~wn sup. m. Vending machine service. n. Welding service. 2. Wholesale and Warehouse Uses: a. Wholesale t~ade o/durable and explosives, flammable gases or Ii- b. Warehousing for commercial and indus trial uses. 3. Retail Business Uaes: a, Automobile parts and supply sales. b, F~rniture and hPusehold appli- ance sales, service and repain c. Lumber and other buildingmateri- al sales, but not including sales of re tail convenience goods d. Musical instrument sales, service aT~d repair. 4. Office Uses: a. Professional office ~ses, but no t in* cluding offices of physiciaus, den- tists, osteopathic physicians, or other health practitioners. 5. Industrial Uses, provided that the floor area occupied does not exceed twenty-thousand (20,000~ square feet and provided that such use cat~ be con- ducted without ~oise, vibration, odor, dust or any other condition which might be disturbing to occupants of ad~ce~t properties: a. Manufacture of ice. b. Printing and publishing. c. Processing or assembly. d, Tool, die and pattern-making. 4-1£2.$ Accessory Uses Accessory uses and building are pe~vnit ted in the C. 7 Commercial District in ac cordance with the provisions and regu- lations of Article V qf this Ordinance, entitled "Supplementary District Reg- ulations,' and include in additiov to those subordinate uses which are clear- ly and customarily incidental, to the principal per'mit ted uses, the following: 1. Rotal~ outlet store,for goods handled at wholesale or products made by the principal use provided that such retail sales shall be clearly incidental to the operation of the principal use. 2. Office facilities. 3, Instruction on the use or operation of equipment incidental to the principal 4-12~2.4 Conditional Uses. The following Conditional Uses are per- mitred in the C-7 Commercial District, but only in accordance with the provi- sions of Co?~ditional Use Permits: 1, Similar and compatible uses to those nile vedas prmctpalperm~tteduses n this district. 2. Cartage, express and parcel delivery. 3. Towing service. 4 Moving, storage and freight transfer. 5. Mini-warehousing on a parcel of land than five (5) acres. 6. Sales, rental or storage of vehicles. 7; Sales, rental or storage of machinery, other similar equipt~ent. 318 Special Session, August 18. 1980 ~-12~,5 Prohibited Uses The followinq uses are expressly prohi- bited in the C.? Commercial District. tabliskment of any such use in this dis- Seetion $-122,2.3, Section $-l~22.3.1, Sec- 4. Bulk fuel storage, except for the pu~ rose of providina energy to a principal tions Adopted Additional regulations for the C-7 Commercial Dist~ct shall be as set .forth in the C-7 Schedule of Dist~ct Regulations. hereb~ adopted by reference and dec.red to be a part ct this Ordinanc~ and in Article V of this Ordinance entitled "Suppleme~v tary Dist~ct Regulations" Maximum Building Height (in feet) ]. Operations Within Enclosed Build, Ings All operations and activities shall be conducted and maintained within com- pleted enclosed buildings except. a. Off-street parkingand loadi~g fa- cilities. b. S~g~s: and ~. Outdoor storage 2. Outdoor Storage Outdoor storage shall be permitted onlywhe~ related to a principal permit~ ted use and provided that: c~ No outdoor storage shall be per~ mitred i~ any required front yard or any required side or rear yard ad~ loaning a residential or office. residential district. b. No outdoor storage o! materials ~ hich could be blown into the air or strewn abo~t by the wind shall be pernlitted. c. All outdoor storage areas shall be visually screened from adjacent pro. perry and streets by an appropriate opaque screen up ~o a point eight fsi feet in vertical height, d. Outdoor storage shall be meant ~o include all company owned a~d op~r. ated vehicles, with the exception of passenger vehicles. ~', Lighting All exterior lighting shall be installed and operated so as not to cause glare or ~. Refuse Collection Areas a. All outdoor refuse collection areas shall be visualiy screened from adja- cen~ properties and streets by an ap- propriate opaque screen. b. No refuse collection areas shall be permitted in any reqaired front yard or any required side or rear yard ad joining a residential or office-residen- tial district, 5. Performance Standards Uses which because of the nature o] their operatwn are accompanied by an excess of vibration, smoke, nox*ous gases, odor, noise, glare, wastes, orjixe hazard shall not be'per,hilled. These re. sidual }~atures shall be considered as "excessive "when their sit her exce ed or deviate from the limitations se t forth in the followiny pe~brmance standards: a. Vibration No activity or operatwn shall at any lime cause earth vibrations per- ceptible beyond the limits of the im- mediate site on which the operatwn is located. b. Smoke. Particulate Matter and No activity or operation shall b~ established which fails to meet the a~r quality regulations af the Iowa Department of Environmental Qual- Special Session, August 18. 1980 319 particulate matter, fugitive dust. e. Odor No ~etivity or operation shall cause ~t any time the discharge o] beyond the limits of the immediate site where it is located in such con- erMa~yer the public health, welfare, comfort or safety, ~, Noise No activity or ope~,'ation shall be carr~ed on which involves nmse in ex- cess of the normal traffic noise of the adjacent street at the tgme of daily peak hour of traffic volume. This standard shall be muffled so as no t to be objectionable due to ~,n~ermit- lance, beat frequency, or shrillness e. Glare Gla~e, whether direet or ~eflected, such as from spotlights or high tem- perature processes, and as differen- tiated from general illumination. shall not be visible beyond the limits of the immediate site from which it ~ Wastes 1) Solid Wastes. All solid waste materials, debris, refuse.or garbag( shall be properly contained in a closed co~ra~ner designed for such purpose. No exterior incineration of trash or yarbage is permissible. 2/Sewage and Liquid Wastes. A Il liquid shall be discharged in full com- pliance with appropriate City, State and Federal regulations. g. Fire Hazard No activity or operation shall be established which fails to meet the City's fire code. Y, Off-Street Parking a. Number Off-stree t parking shall be provid- ed in sufficient number tbs each use *n conformance with Section 5-10.. b. Design Alt off. street parking areas shall be designedand constructed in co~ /brmance with Section 5-103. c. Location No off-street parking space or ac- cess aisle shall be located closer than five f51feet to a yront lot line or closer than ten ilO)feet to a side or rear lot Ii?lc adjoining a residential or office. residential district. 7, Loading Facilities a. Number Loading spaces shall be provided in sufficient number for each use in conformance with Section $.10~. b. Design 1/ All truck loading spaces and maneuvering areas shall be ~'a?faced with a hard. all-weather, durable, dust.free surfacing material and shall be property drained and scree n- ed. 2l All loading spaces shall have an adjacent open paved areo~ other than a street o~ public way of adequate size and so located ~ to provide £or all required maneuvering for truck access to the Ioading space aff-s tree t c, Location No loading space or maneu~ emn.q areas shall be located closer than five 15] feet ~o a front lot line or closer than ten tlO] feet to a side or ~ear line adjoining a residential or office- residential distr~ct. A II signs s hall conform to the r~ lotions of Section 5-105 ' SBcIio~ 3. That the Code vf Ordinanc- es of the City of Dubuque, Iowa. amended by revising Appendix A thereof, also known as tt~e 'Zoning Or* dinanee and Zoning Map of the City Dubuque, Iowa': by repealing Seetio~ 5-104.4 of Article V and b'e enacting a new Section 5~105~ of Article V i~ lieu thereof, to wit.. "ARTICLE V SCPPLEM~:NTARY DISTRICT REG ULA ~70NS Section 5.16~.-~ Schedule of Off. Street Parking and Loading Space Require. mente Adopted Required off-street parking and loading spaces for uses within a C-2. C-3. C-~. C-Z LI, tII or P1D~s. trier shall be as se ~ forth in Schedule 5.10~,]~ hereby adopted by reference and declared to be apart of this Ordi- Section 4, That the Code of Ordinanc- es of the City of Dubuque, Iowa. amended by revisiny Appendix A there- of, also known as the "Zon~nq Ordi- nance and Zoning Map of the City of Du- buque, Iowa." by repealing Section 5.10~.~. 7 of Article V and bu enacting a new Section 5-10~.S. 7 of Article ~ lieu thereof, to wit: "ARTICLE V SUPPLEMENTARy DISTRICT REG ULA TIONS Section 5-104. b Schedule of Off-Street Parking Space Requirements PARKING SPACe 320 Special Session. August 18, 1980 Section 5. That the Code oj Ordit~anc- es of the Uit!~ of Dub~rqae, lowo, be amended by revising A ppendizc A there- of, also known as the "Zoning Ordinance and Zoning Map qg the City of Dubuque, Iow(~" by enacting a new provision ia Table 5.105.2 oj' Article "ARTICLE v SUPPLEMENTARY DIS TRICT REG ULA TIONS Section 5-105 SIGN REGULATIONS Table 5.I05.2 Schedule of Comprehen- sive Sign Regulations following vo~e: and read. Special Session, August 18, 1980 321 Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. Proof of publication, certified to by the Publisher, of Notice to Vendors o~ the receipts of blds for above, presented and rend. Council Member Pratt moved that the proof of publication be received and flied, Seconded by Council Member Brndy. Cnrried by the following vote: Yens-Mnyor Farrell, Council Mem- bers Brndy, Felderman, King, Pratt. Nnys-None. Communication of City Manager re- commending awarding of contract for above be deferred to meeting of Sept. 2, 1980, presented and read. Council Member Pratt moved that the communication be received and filed and deferred to the Council Meeting of Sept. 15. Seconded by Council Member Brady, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Pr~f oi' publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for City Hall Boi]m;/Buraer Unit Replacement, pre- sented and read: No wrttten objections were filed and no oral objectors were presented in the Council Chamber at the time set for the Hearing, Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bors Brady, Felderman, King, Pratt. Nays-None. (Necessity for Improvements) RESOLUTION NO. 233.80 WHEREAS, proposed plans, specifi* cations~ and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the City Hal! Boiler/Burner Unit Replacement BE IT THEREFORE RESOLVED that the City Council deems it advisable and necessary for the public welfare to mak~ the herein mentioned improve- ment, and unless interested persons at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the proposed p/acs, specifications, contract or esti- mated cost of the improvement, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the General Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 21st day of July, 1980. RECORD OF FINAL ADOPTION The foregoing Resolution was finally ~assed and adopted, as proposed by the City Council, this 18th day of August, 1980. Carolyn Farrell Mayor Michael W. Pratt James E. Brady D, Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved final adoption of the Resolution. Second- ed by Council Member Brady. Carried by the following vote: Yeas-Mayor Farreli, Council Mem- bers Brady, Felderman, King, PratL Nays-None. Decision of Council upon objections to plans, specifications, form of con- tract and cost of improvements. RESOLUTION NO. 257.80 WHEREAS, proposed plans and spe- cifications and form of contract for the City Hall Boiler/Burner Unit Replace- meat have been approved by the City Council of the City of Dubuque and pub- lic 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 ali objections to said plans, specifications or contract and bonds, and the time and dace fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 18th day of August, 1980; and WHEREAS, the City Council met in special session this 18th day of August, 1980, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur~ pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans. specifications or contract for or cost of the improvement herein described and proposed to bo made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; 322 Special Session, August 18, 1980 NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said im- provement herein described and propos- ed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specificw tlons and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 18th day of August, 1980. Carolyn Farrell Mayor Michael W, Pratt James 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 Brady. Carried by the following vote: YeaR-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (Ordering Construction) RESOLUTION NO. 258.80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU~ QUE that pursuant to a Resolution of Necessity No. 233-80 which was duly passed by this Council for the City Hall Boiler/Burner Unit Replacement be and the same are hereby ordered and con- structed 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 tm- provement be paid from the General Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby order- ed and directed to advertise for pro~ posals for the construction of the various improvements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 18th day of August, 1980. Carolyn Farrelt Mayor Michael W. Pratt James 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 Brady. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Proof of publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for City Hall Boiler/Burner Unit Replacement, pre- sented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Brady. CarriEd by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felder~nan, King, Pratt. Nays~None. Communication of City Manager re commending awarding of contract for City Hall Boiler/Burner Unit Replace- ment to Swift Bros. Mechanical Contrac- tors, Inc., in amount of $17,989,00, pr<~- sented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Conreil Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Brady, Felderman, King, Pratt. Nays-None. (Awarding Contract) RESOLUTION NO. 259-80 WHEREAS, sealed proposals have been submitted by contractors for the City Hall Boiler/Burner Unit Replace- merit pursuant to Resolution No. 258-80 and notice to bidders published in a newspaper published in said City on July 30, 1980; and WHEREAS, said sealed proposals were opened and read on August 12, 1980, and it has been determined that the bid of Swift Brother's Mechanical Contractors, Inc. of Dubuque, in the amount of $17,939.00 was the lowest bid for the furnishing of alllabor and materi- als and performing the work as provided for in the pla~s and specifications; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the contract for the above men- Special Session. August 18. 1980 tioned improvement be awarded to Swift Brother's Mechanical Contrac~ tore, Inc. and tbs Manager be and he is hereby directed to execute a con;rac~ on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the Cl~y Treasurer is authorized and in. structed to return the bld deposits of the unsuccessful bidders. Passed. adopted, and approved this 18th day of August, 1980 Carolyn Farrell Mayor Michael W. Pratt James 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 Brady~ Carried by the following vote: Yeas-Mayor Farrell, Council Mere bets Brady, Fetderman. King, Pratt. Nays-None, Proof of publication, certified to by the Publisher of Notice of Public Rear~ lng to rezone property at 2017 Univer- sity Ave. described as Lot I of 2 of 1 of 2 of M.L,172 and Lot 2 of 2 of 1 of 1 of 2 of M.L.172 from ID Institutional District to R-3 Residential District Classification. presented and read. No written objections were filed and no oral objectors were presen~ in the Council Chamber at the time set for the Hearing. Council Member Feldermam 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 hers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 55.80 AN ORDINANCE OF TH E 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 MA?, OF THE CITY OF DUBUQUE IOWA BY RECLASS FY NG PROPERTY AT 201 ? UNIVERSITY AVE, FROM ID INSTITU- TIONAL DISTRICT CLASSIFICATION TO'R.3 RESIDENTIAl. DISTRICT CLASSIFICATION. said Ordieance hav- ing been previously presented and read at the meeting of July 21, 1980 present. ed for final adoption. 323 ORDINANCE NO. 55-80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, pROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, SE 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 AT 2017 UNI- VERSITY AVENUE FROM ID INSTITU- TIONAL DISTRICT CLASSIFICATION TO R-3 RESIDENTIAL DISTRICT CLASSIFICATION. 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, Iowa. be amended by revising Appendix A there- ell also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowe. "to reclassi]~ hereinafter describ- ed proper~y from "ID Institutional District' classification to "R-3 Rest Lo t 1 of Lot ~ !~f Lot 1 of Lot 2 of Min- eralLot17~andLot2ofLot2ofLot1 of Lot 1 of Lot 2 ofMineralLo t 172 in the City of Dubuque, low~ Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commissio~ of tke City of Dubuque, Iowa. Passed, adopted, and approved this gSth day of August 198~ Carolyn Farrell Mayor Michael W. Pratt James E. Brady D. Michael King John L. Fei& ~naa ATTKST: CouncilMembers Mary A. Davis City Clerk Published officially in the ~legraph Herald newspaper this 22nd day of Mary A. Davis City Clerk 1 l 8/22 Council Member Felderman moved final adoption of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mere bers Brady, Felderman. King, Pratt Nays-None. Proof of publication, certified to by the Publisher. of Notice of Public Hear- ing to Amend Zoning Ordinance by en~ acting new definitions of Yard. Front and Side of Article XI in lieu thereof and ~o clarify the definition and application of front and side yard requirements for corner lots, presented and read 324 No written objections were received and no oral objectors were present in the Council Chambers at the time set for lhe Heariug. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 56-80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR. OlNANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RE- PEALING THE DEFINITIONS OF YARD, FRONT AND YARD, SIDE OF ARTICLE XI DEFINITIONS AND EN- ACTING NEW DEFINITIONS OF YARD, FRONT AND SIDE, SIDE OF ARTICLE XI IN LIEU THEREOF, TO CLARIFY THE DEFINITION AND AP. PLICATION OF FRONT AND SIDE YARD REQUIREMENTS FOR COR- N ER LOTS, said Ordinance having been previously presented at the meeting of July 2L 1980, presented for final adop- tion, ORDINANCE NO. 56-80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA PROVIDING THATTHE CODE OF ORDINANCES. CITY OF DU* BUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX ~, THEREOF. ALSO KNOWN AS THE "ZONING OR. DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RE. PEALING THE DEFINITIONS OF YARD. FRONT AND YARD. SIDE OF ARTICLE XI DEFINITIONS AND EN. ACTING NEW DEFINITIONS OF YARD. FRONT AND YARD, SIDE OF ARTICLE XI IN LIEU THEREOF, TO CLARIFY THE DEFINITION AND AP- PLICATION OF FRONT AND SIDE YARD REQUIREMENTS FOR CDR* NER LOTS. NOW, THEREFORE. BE iT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code o] Ordi~anc. es of the City of Dubuque, Iowa, be amended by revising Appe~lix A there- of, also known as the "Zoning Ordinance and Zoning Ma~ of the City of Dubuque, Iow~" b~ repealing Article XI Defini- tion o! yard, front thereof and enacting a new Article Xl Definitlan o] yard, front in lieu thereof, as Jbllows: ARTICLE XI DEFINITIONS Special Session, August 18, 1980 of a lot adjoining a public street. ]~ the case of corner lots m~d through lots, front yards shall be required on allfroutages of the lot. The depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The fore- most point of the side lot line, in the case of rounded property co~ners at street intersections, shall be assum- ed to be the point at which the side and front lot lines would have met without such rounding, Front and rear front yard lines shall be paral- lel" Section 2. That the Code of Ordinanc- es of the City of Dubuque, Iowa, be amended byrevising Appendix A there- of, also known as the "Zoning Ordinonce and Zoning Map of the City of Dubuque, Iowa," by repeating Article XI Defini- tion of yard, side thereof and enacting a new Article X] Definition of yard, side in lieu thereof, az ]hllows: AR TICLE XI D£z~'INI~7ONS Yard, Side · a yard extending from the rear line of the required front yard to the rear lot line, or in the ab- sence of avy clearly defined ,rear lot line to the point on the lot farU~est from the intersection of the lot volved with the public street, I~ the case of through lots. side yards shall extend from the rear lines of Jront yards requtred. In the case ~] corner lots. yards rematn~ng after Jron~ yard~ have been established shall be considered side yards. Width of a required side yard shall b( ~easured in such a manner that the yard established is a strip ol the minimum 'width required by distrzct regulations with its inner edge paral~ Icl with the side lot line." Carolyn Farrell Special Session, August 18, 1980 325 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Fe]derman, Carried by the following vote: Yeas-Mayor FarreU, Council Mem~ bors Brady, Felderman, King, Pratt. Nays-None. Proof of publication, certified to by the Publisher, of Notice of Public Hear- lilt to amebd Zoning Ordinance by e catt- ing a new Section 4-115.2.6) of Article thereof, toallow printing and pnblishing as a principal permitted use ia C4 Gert- oral Commercial District, presented and read. No written objections were filed and no oral objectors were present in the Chambers at the time set for the Hear- ing. 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. 57.80 AN ORDINANCE OF THE CITY OF DU* BUQUE, IOWA PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF TH E CITY OF DUBUQUE, iOWA" BY EN- ACTING A NEW SECTION 4.115.2~6) OF ARTICLE IV THEREOF, TO ALLOW PRINTING AND PUBLISHING AS A PRINCIPAL PERMITTED USE IN A C.4 GENERAL COMMERCIAL DISTRICT, said Ordinance having been previously presented and read at the Council meet- icg of July 21, 1980, presented for final adoption. ORDINANCE NO. 57-80 AN ORDINANCE OF THE CiTY OF DU. BUQUE, IOWA PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR. DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY EN- ACTING _A.. NEW SECTION 4-115.2.6) OF ARTICLE IV THEREOF, TO ALLOW PRINTING AND PUBLISHING AS A PRINCIPAL PERMITTED USE tN A C-4 GENERAL COMMERCIAL DISTRICT. 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, Iowa, be amended by re vising Appendix A there- of, also known as the "Zoning Ordinance and Zoni~g Map of the City of Dubuque, Iowa," by enacting a new Section 4-115.2.6l of Article IV thereof, its fbllows: ARTICLE [V DISTRICT REGU- LATIONS Section 4-115 C-4 GENERAL COM- MERCIAL DISTRICT REGULA- TIONS )*~:~ Pri~CIP~J Permitted Uses In the C-4 Co~nv~ercial District, no building, st~ucture, or ~nd shall be used, and no building or structure shall be built or altered to be used in whole or in part, except for the fol- lowing purposes: "6) Printing and publishing" ~e~fion 2. That the foregoing amend~ ment has heretofore been approved by the Planning and Zoning Commission of the City of D~buque, Iowa. Passed, adopted, and approved this 18th day of August, 1980. Carolyn l,~rrell Mayor Michael W. Pratt James E. Brady D. Michael King John L, Felde~an Council Members A TTES~? Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of August, ~980. Mary A. Davis City Clerk 1 t 8/22 Counci] Member Felderman moved adoption of the Ordinance. Seconded by Council Member Pratt. Carried by thc following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re commending denial of Mr. Kreiman's re quest for trade time to attend nursing school, presented and read. Council Member Pratt moved that the communication be received and filed and recommendation approved. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrcll, Council Mem- bers Felderman, King, Pratt.. Nays-Council Member Brady. Communic~tlon of City Manager re. questing Mayor be au~horlzed to enter into an agreement with Lyle J. Sumek from July 1, 1980 to June 30, 1981, pre- sented and read. Council Member Felderman moved that the communication be received and filed and authorization approved. Seconded by Council Member Pratt. Carried by the following vote: 326 Special Session, August 18. 1980 Yeas-Mayor FarrelL Council Mem- bers Felderman, King, Pratt. Nays-Council Member Braay. Communication of City Manager sub- mitting Ordinance to establish the priv- ileges of authorized emergency vehicles. presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA. AMENDING THE CODE OF ORDINANCES OFTHE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25.167 OF ARTICLE VI OF CHAPTER 25 THEREOF AND ENACT. lNG A NEW SECTION 25.167 OF ARTI. CLE VI OF CHAPTER 25 IN LIEU THEREOF TO ESTABLISH THE PRIV. ILEGES OF AUTHORIZED EMERGEN. CY VEHICLES, presented and read, Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem~ bets Brady, Felderman. King, Pratt. Nays-None. Council Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior lethe meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bors Brady, Felderman. King, Pratt, Nays-None. ORDINANCE NO. 58-80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY REPEALING SECTION 25,167 OF ARTICLE VI OF CHAPTER 25 THEREOF AND ENACT- iNG A NEW SECTION 25-167 of ARTI. CLE VI OF CHAPTER 25 IN LIEU THEREOF TO ESTABLISH THE PRIV. ILEGES OF AUTHORIZED EMERGEN. CY VEHICLES. NOW, THEREFORE, BE IT ORDAIN. ED SY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code el'Ordinanc- es of the City af Dubuque. Iowa be and the same is hereb?~ amended by repeal- ~n§ Section 25-167 t,f Article VI af Chap- ter 25 thereo! and enaetin§ a new Sec. tion 25-167 afA rticle VI of Chapter 25 in lieu thereaf as follows: Section 25.167. Privileges of Au- thorized Emergency Vehicles, t. The d~iver af an authorized emer- gency vehicle, when responding to an emergency call or w hen in pursuit of an actual or suspected pe~pe tra tor of a felony or in response to an incA- dent dangerous to the public or when responding ~o but not upon return- lng from a.fire alarm, may eccer¢~se the privileges as set forth in this sectwn. 2. The driver of any authorized emer- gen~y vehicle, may: a. Park or stand an authorized emergency vehicle. ~rrespective of the pr~vAs$ons o] this code. b. Disregard laws or regulations governing direction af movement for the mtn*mum distances necessary beJbre an alternative route than con- ]brine to the traffic k~ws and regula- tions As a~ ~ilable. 3. The driver o fa fire departmeat ve- hicle, police vehicle or ambulance may: a. Proce ed pas t a red or s top signal or stop si~In, but only after slowing down as ma?~ be necessary ~or safe operations, b. Exceed the maximum speed limits so long as the driver does not endanger life or property. 4. The exemptions granted to an au- lhorized emergency vehicle under subsection ~ or for fire department vehicle, police vehicle or ambulance as provided in subsection 3 shall ap- ply only when such vehicle is making use o! an audible signaling device, or a visual signaling device exc~ ? that use o! an audible or visual signaling device shall not be required when creasing the exe?r ptio~s granted under sub-section 3. paragraph 6, of this section when ~he vehicle is operated by a peace officer pursuing a suspected ~iolator of the speed re- s tractions *ropes ed by or pursuant to this code, for th~ purpose of de~er- mi~m(l the speed of trayel of such suspected violato~: 5, The Jbregoing provisions sho tl not relieve the driver ~] an authorized emergenc9 vehicle from the duty to d~ve with due regard for the safet,q of all persons, nor shall such prow siena protect the driver.from the con- sequences of his reckless disregard Jbr the saf~ Iy af others. Section 2. That all ordinances or parts of ordinances in coliflict with this ordinance are hereby repealed. Special Session, AUgust 18, 1980 327 Passed, adopted, and approved this 18th day of August, 1980, Carolyn Farrell Mayor Michael W. Pratt James E. Brady D. Michael King John L. Felde?'man Council Members A TTE$ T: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this ~2nd day af' August, 1980. Mary A, Davis City Clerk I t 8/~ Council Member Felderman moved final adoption of the Ordinance, Second- ed by Council Member Pratt. Carried by the following vote: . Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King. Pratt. Nays-None. Communication of City Manager sub. mitring FY '80 Street Finance Report as required by State Code, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feiderman, King, Pratt. Nays-None. RESOLUTION NO. 260.80 Approving Official Report of Munici. pallty for Streets and Parking for Fiscal Year 1980, WHEREAS, an offlciai report of mu- nicipality expenditures and receipts for fiscal year 1980 for streets and parking facilities in the City of Dubuque has been duly prepared as required by Chapter 312 Road Use Tax Account, Code of IoWa, and submitted to this Council for approval, and WHEREAS, this Council has exam- ined the official report of the City of Dumb?quo for its streets and parking fa- 1980; wherein receipts and expenditures are Shown for fiscal year 1980, along with a Street Bond supplement. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the official report of the City Of Dubuque for its streets and parking facilities from July 1, 1979, to June 30,1980, be and tho same is hereby apProVed, and the city Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation on or before September 10, 1980. Passed, adopted, and approved this 18th day of August, 1980. Carolyn Farrell Mayor Michael W. Pratt James E. Brady D. Michael King John L. Felderman ATTEST: Council Members Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Riverside-Tractor Trailer Co. requesting consideration to lease City property described as "From the Center line of Roosevelt St. and Kilgore St. Intersection 340' South and 64' East to the toe of the flood wall. The 64' is ex- clusive of the appropriate s~tback from Kilgore St,' presented and read. Council Member Felderman moved that the petition be referred to the Cor- poration Counsel for proper proceed- ings, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of P & Z approving rezoning of property located on the southwest corner of the intersection of Rochdale Road and Brian Drive from R-2 Single Family Residential District to R-3 Multi-Family Residential District, pre- sented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. AN ORDINANCE of the City of Du- buque, lowa, 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 Lot 21 of "Jaeger Heights" in the City of Dubuque, Iowa, from R-2 Residential District classifica- tion to R-3 Residential District classifi- cation, presented and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Council Member Pratt. Car- tied by the following vote: Yeas:Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. 328 Special Session, August 18, 1980 Council Member Felderman moved thai the rule requiring an Ordinance to be received and filed ai two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarreB. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Felderman moved that a public hearing be held on the Ordi- nance on September 15. 1980 at 7:30 o'clock P.M. in the Council Chambers al City ttall and that the City Clerk be di- rected to publish notice of the hearing in the manner required by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mom- bees Brady, Felderman, King, Pratt. Nays-None. Communication of P & Z approving zoning Map amendment which would es- tablish a C-7 Commercial District classi- fication on certain propertms in the Center Sector area, presented and read. Council Member Felderman moved that the commumcation be received and filed~ Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem~ bors Felderman, King, Pratt. Nays-Council Member Brady. 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 establishing a C-7 General Ser- vice and Wholesale Commercial Districi classification on certain properties in the Center Sector of the territory invol- untarily annexed to the City, presented and read. Council Member Felderman moved shat the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem~ bets Felderman, King, Pratt. Nays-Council Member Brady. Council Member Feiderman moved that the rule requiring an Ordinance to be received and filed a~ two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the Following ye;e: Yeas-Mayor FarrelL Council Mom- bet's Felderman, King, Pratt. Nays-Council Member Brady. Council Member Felderman moved that a public hearing be held on the Ordi- nance on September 1§, 1980 at 7:30 o'clock P.M in the Council Chambers at City Hall and that the City Clerk be di- rected to publish notice of the hearing in the manner required by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. Communication of P & Z approving final plat of "Cart Subdivision" located on east side of N. Oranaview Ave. south of its intersection with 32nd Street, pre- sensed and read. Council Member Felderman moved hat the communication be received and iled. Seconded by Council Member 'ratt. Carried by the following vo~e: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 261.80 Resolution Approving the Plat of"Carr Subdivision" in the City of Dubuque, Iowa." WHEREAS, there has been filed with the Cty Clerk a plat of the Subd,!vision to be known as "Carr Subdivision ~nthe City of Dubuque. Iowa: and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had ~s approval en- dorsed there on, on the condition that the developer submit to the City Develop- ment Planner for approval, site plans containing two (2) foot con~our m~ervals of the original ground and proposed finish grade including erosion control plans and drainage plans for storm water runoff for all eight (8) lots prior to grading acuvities and issuance of build- ing permits; and WHEREAS, said plat has been exam ined by the City Council and they find that the same conforms [o statutes and ordinances relating thereto: and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Com- mission: NOW THEREFORE BE iT RESOLV ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: Section 1. That the above-described plat be and the same is hereby approvea and the Mayor and City Clerk are here~ by authorized and directed to endorse the approval of the City of Dubuque, Iowa. upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a~To submit to the City Developmem Planner for approval, site plans con- tainmg ~wo ~2l foot contour intervals of the original ground and proposed finish grade including erosion control Special Session, August 18, 1980 329 plans and drainage plans for storm water runoff for all eight (g) lots prior to grading activities and application for building permits. Seoilorl 2. That in tho event the owner fails tn execute the acceptance provided ~or in Section 1 herein within forty4ive (45) days after the date of this Resolution, the provisions herein shall be null and Void and the approval of the Plat shall not be effective. Passed, adopted, and approved this 18th day of August, 1980. Carolyn Farrell Mayor Michael W. Pratt James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 261.80 We, the undersigned, Partners in Ownership, having read the terms and conditions of the foregoing Resolution No. 2gl-80 and being familiar with the conditions thereof, hereby accept the same and agree to perform the condi- tions required therein. Dated in Dubuque, Iowa, this 29th day of August, 1980. Leo M. Dix Dolores M. Dix Charles F. Carr Eileen B. Cart Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of P & Z advising of denial to rezone the Nemmers property from LI Light Industrial District and k~Agriefi~tur~i ~J{~triet to AG Agri- cultural District, presented and read, Council Member Brady moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Council Members Brady, Fei- derman King, Pratt. Nays. Mayor Farre 1. Communication of Attorney Hughes, on behalf of Dr~ Nemmers, relative to dressing the Council. Attorney Hughes requested that the Council make a definite decision on this matter soon so that development could begin. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Polder- man. Carried by the following vote: Yeas-Council Members Brady, Fei- detrain, King, Pratt. Nays-None. Petition of S.W, Neighborhood re- questing to address the Council concern- ing subject matter of P-I Zoning on Nem- mere property, presented and read. Dan Reilly spoke on behalf of the peti- tions and presented additional names which were against industrial develop- ment of this area. Council Member Brady moved that the petitions be received and filed. Seconded by Council Member Folder man. Carried by the following vote: Yeas-Council Members Brady, Fei derman, King, Pratt. Nays-Mayor Farrell. AN ORDINANCE of the City of Du- buque, Iowa providing that the Code of Ordinances be amended by revising Ap~ pendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to amend the Zoning Map to establish an AG Agricul- rural District Classification on specifi- rally described property in the Center Sector of the territory involuntarily an hexed to the City of Dubuque, Iowa (Nemmers Property), presented and read. Council Member Brady moved that the reading just had be considered the first reading of the Ordinance, Second ed by Council Member Felderman. Carried by the following vote: Yeas-Council Members Brady, Fei- detrain, King, Pra+~L Nays-Mayor Farrell. Council Member Brady moved that the rule requiring an Ordinance to be re~ eeived 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-Council Members Brady, Fei- derman, King~ Pratt. Nays-Mayor Farrell. Council Member Brady moved that a public hearing be held on the Ordinance on September 15, 1980 at 7:30 o'clock P.M. in the Council Chambers at City Hall and that the City Clerk be directed to publish notice of the hearing in the manner as required by law. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Council Members Brady, Fei- detrain, King, Pratt. Nays-~ayo~-Farrell. AN ORDINANCE of the City of Du- buque, Iowa amending the Code of Ordi- nances by revising Appendi~ A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, 33O Special Session, August 18, 1980 Iowa" by amending the Zoning Map to establish a PI Planned Industrial Dis. trier Classification on specifically de- scribed property in the Center Sector of the territory involuntarily annexed to the City of Dubuque, Iowa, (Nemmers Property), presented and read. Council Member Pratt moved that the reading just had be considered the first vending of the Ordinance, Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers King, Pratt. Nays-Coundil Members Brady, Fel- derman. Council Member Pratt moved that the rule requiring an Ordinance to be receiv- ed and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers King, Pratt. Nays-Council Menlbers Brady, FeL derman. Council Member Pratt moved that a public hearing be held on the Ordinance on September 15, 1980 at 7:80 o'clock P.M. in the Council Chambers at City Hall and that the Clerk be directed to publish notice of the hearing in the man- nor as required by law. Seconded by Council Member King. Carried by the following vote: Yeas~Mayor Farrel] Council Mem- bers King, Pratt. Nays-Council Members Brady, FeL derman. Keith Vickery spoke to the question and asked the Council to give considera- tion to the zoning of this area to a resi- dential districL ORDINANCE NO. 59-80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (a) OF SECTION 36-11.1 OF DIVISION I OF ARTICLE Il THERE. OF AND ENACTING A NEW SUBSEC. TION Ia) OF SECTION 36.11.1 OF DIVI- SION I OF ARTICLE II IN LIEU THERE- OF REQUIRING THE GIVING OF TEN (10) DAYS NOTICE OF VIOLATION AND WITH EXCEPTION THERETO, presented and read. Council Member Felderman moved that tho reading just had be considered the first reading of the Ordinance. Sec- onded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. ORDINANCE NO. 59.80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION (a) OF SECTION 36-11.1 OF DIVISION I oF-ARTICLE Il THERE. OF AND ENACTING A NEW SUBSEC- TION (a) OF SECTION 36.11.1 OF DIVI- SION IOF ARTICLE II IN LIEU THERE- OF REQUIRING THE GIVING OF TEN (10) DAYS NOTICE OF VIOLATION AND WITH EXCEPTION THERETO. 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, Iowa be a~ended by repealing Subsectio~ {al of Sec tion 36-11.1 of Division I of Article II thereof and enacting a new Subsection iaJ of Section 3 6-11.1of Division Iof A rti- cle H to provide as follows: "ARTICLE II, DIVISION ' Section 36-11,1 Notice of Violation; penalty; indemnity to City. (al rE,copt as otherwise provided, I any person round to be violating any provision of this article, e~cept sec- tion 36.23. shall be served by the city with written notice stating the nature o! !he violatio~ and providing ~ ten ilOI day limit jbr the satisfac- tory correction thereof The offender shall, within the period of [~me stated in such notice, pe~nanently cease all violations. The proviswns hereof shall nor apply Iv Section 36.31 and Section 36-32 of Division H of Article II.' Passed. adopted, ~nd approved this 18th day of August, 198~ Carolyn Farrell M~yor Michael W. Prat~ James E, B'rady D. Michael King John L. Felderman Council Members A TTES ~ Mary A. Davis Cit~ Clerk Published officially in the Telegraph Herald Newspaper this £2nd day of Auous~. 1980. Mary A. Davis City Clerk I t 8/22 Special Session August 18, 1980 331 Council Member Felderman moved final adoption of tbe Ordinance, Second- ed 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 ad- vising Of availability of HUD funds for land acquisition In the Radford InduS- trial Center project, presented and read Council Member Feldermau moved that the communication be received and filed. Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bern Brady, Felderman, King, Pratt. Nays-None, RESOLUTION NO. 262-80 A Resolution Providing for Accep- tance gl a Community Development Block Grant Loan Guarantee for Acqulslfion of Land In the Radford In. duntrlal Center Project. WHEREAS, Resolution 124-80 au- thorized the filing of an application for a loan guarantee for Radford Industrial Center land acquisition; and WHEREAS, the United States De- partment of Housing and Urban Devel- opment has approved said application for loan guarantee under Section 108 of the Housing and Community Develop- merit Act of 1974 as amended; and WHEREAS, such assistance is to con- sist of the guarantee of a note iu the prin- cipal amount of $400,000.00 plus interest thereon, which shall be issued and sold to finance acquisition of real property as described in Community Development Block Grant application No. B-80-MC-19- 0004, which application has heretofore been approved by the City Couneilof the City of Dubuque, Iowa; and WHEREAS, the Department of lions- lng and Urban Development has for- warded a Funding Approval document, hereto attached. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Manager are hereby authorized and lii- rected to accept the funding approval document, including special conditions and modifications, as hereto attached and marked Exhibit A. Section 2. That the Mayor, City Man- ager, and City Clerk are hereby author- ized and directed to act for and on behalf of the City of Dubuque, Iowa in the exe- cution of a promissory note and contract to be secured by the pledge of entitle- merit funds in the Community Develop- ment Block Grant program; to affix the City seal thereto; and to take such other steps as may be necessary to secure loan guarantee assistance under Section 108 of the Housing and Community Develop- merit Act of 1974, as amended. Passed, adopted, and approved ttlis 18th day of August, 1980, Carolyn Farrell Mayor Michael W. Pratt James E. Brady D. Michael King John L. Felderman ATTEST: Council Members Mary A. Davis City Clerk Council Member Fe{derman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farre]l, Council Mom bors Brady, Feiderman, King, Pratt. Nays-None. Council Member FeMerman moved that Phil Weber be appointed to the Air- port Commission. MOTION DIED FOR LACK OF A SE- COND. Council Member Pratt moved that Wm. Schmid be appointed to the Airport Commission. MOTION DIED FOR LACK OF A SE- COND. Council Member Brady moved that Gary Newt be appointed to the Airport Commission. MOTION DIED FOR LACK OF A SE COND. Council Member King moved that ap~ pointments for the Airport Commission be tabled until the meeting of Sept. 15, 1980. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bern Felderman, King, Pratt. Nays-Council Member Brady. Council Member Pratt moved that Paul Russo be appointed to the Play- ground and Recreation Commission. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mom bern Brady, King, Pratt. Nays-None. Abstain Council Member Felderman. Council Member Felderman moved that Steve EIbing be appointed to the Playground and Recreatio~ Commis- sion, Seconded by Council Member King. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bern Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 263.80 BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro: visions of law relating to the sale of Cig- arettes within the City of Dubuque, 332 Special Session. August 18, 1980 Iowa. be granted a permit to sell Cigar- attes and C~garette Papers within said City. Thelma T. Lehman -- 140t Elm St. James T. Clark and Richard Winsor - 258 Main St. Passed. adopted, and approved this 18th day of August, 1980, Carolyn Farrell Mayor Michael W. pratt James E. Braay D. Michael King John L. Felderman ATTEST: Council Members Mary A. Davis City Clerk Council Member Braay moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the hollowing vote: Yeas~Mayor Farrell. Council Mem- bors Brady, Feldermau. King, Pratt. Nays-None. RESOLUTION NO. 264-80 WHEBEAS. Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved,, and WHEREAS. The premmes to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: That the Manager be authorized to cause to be issued tc the following named applicants a Liquor IAcense. CLASS "C" [COMMERCIAL) BEER AND LIQUOR LICENSE Redstone, Inc. -- 504 Bluff St, James R. Bainbridge -- 1375 Locusl St. Roger M. Beck (Also Sunday Sales) -- 2776 Jackson St. Raymond Gross -- 1700 Central Ave. Passed. adopted, and approved this 18th day of August, 1980, Carolyn Farre]l Mayor Michael W. Pratt James E. Brady D. Michael King John L. Feiderma~ Council Members ATTEST: Mary A. Davis City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. objecting to the accept.anco of the im- sylvania Ave. to Asbury Road, present- ed and read. Council Member King moved that the Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Ecology Control Corporation by Louis Mihalakis, Pres. advising of no desire to renew their lease on the old City garage located on Elm Street presented and read. Council Member K ng moved that the communication oe received and filed. Seconded by Council Member Pratt. Carried by the fo]lowing vote: Yeas-Mayor Farre]l. Council Mom bors Brady, Felderman, King, Pratt. Nays-None, Communication of City Manag? ad- drainage problem at 95 Valley Street, as requested by Lyda Specht, presented and read. Council Member King moved thai the communication be received and [fled. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Commumcatmn of Iowa DOT submit ting transcript of Corridor Public Hear- ing which was held on J uno 10, 1980, pre- Council Member King moved that the communication be received and flied Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King. Prowl Nays-None. MINUTES SUBMITTED ~- Commu- nity Development Commission of 7-16; Plumbing Board of 7-31; Historic Preser. ration Commission of 8-4; Planning and Zoning Commission of 8-6; Park Board of 8-8?resented and read. Couhcil Member King moved that the minutes 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. Proof of publication, certified to by the Publisher. of IAst of Expenditures and Receipts and list of claims for month of June, 1980; Advising of intent to file a request for release of Block Grant funds for 4th Street Peninsula Storm Drain Project: Advising of intent to file a re- Special Session, August 18, 1980 333 quest for release of Block Grant funds for "Operation Paintbrush," presented and road. Council Member King moved that th, proofs of publication be received and filed. Seconded by Coumdl Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mom- bars Brady, Fe derman, King, Pratt Nays-None. ~ ' Communication of Corporation Counsel recommending settlement of personal injury claim of Donald D. Delco, in the amount of $1500.00, pre- sented and read, Council Member King moved that the communication be received and filed and recommendation of settlement ap~. proved. Seconded by Council Member Pratt, Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Corporation Coun- sel ad vising personalinjury claim of A n n M. Murphy has been settled at no cost to the City,presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. NOTICES OF CLAIMS - Sr, Mary Gould, in an undetermined amount for personal injuries received in a fall on sidewalk at Central & 13th St, on July 19th, 1980; Jim Fahrion, for personal property damages in undetermined amount for damages caused by City bee driving past home; Terry A. Scott, in an undetermined amount for back-up sewer damages, presented and read. Council Member King moved that the Notices of Claims be received and flied and referred to the Corporation Counsel for investigation and report, Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communications of FCC advising of a motion to conduct an investigation of possible Ex Parle Contract on behalf of petitions of KDUB-TV, Inc, for Special Relief and Petition for State of the Rules as it affects UHF Network-affiliated Sta- tions in markets; and advising of opposi- tion to Motion for petition of KDUB~TV for Special Relief; Petition of KDUB-TV Mgr. requesting Council's support to pe- tition the FCC to allow them to continue as the exclusive ABC station on the Du- buque cable system; Communication of Cable Commission requesting FCC grant KDIJB-TV's pleas and withdraw its opposition for continued network nonduplication protection; Communica- tion of Teleprompter withdrawing pleadings; presented and read. Council Member King moved that the communications be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Dubuque Kiwanis Club re- questing to conduct Kiwanis Kid's Day Peanut Sale on September 12th, pre~ sooted and read. Council Member King moved that the ~etition be received and filed and re- ferred to the City Manager for proper proceedings. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas-Mayor Farrel], Council Mem- bers Brady, FeIderman, King, Pratt. Nays-None. Communication of Department of En- vironmental Quality submitting Sewage and Water construction permit for "Twin Sisters Subdivision," presented and read, Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Wayne Manternach questing to excavate at 350 Edith Street and 2995 Brueck Road for sewer lateral book-ups, preseoted and read. Council Member King moved that the petition be received and filed and ap proved and referred to Engr. Dept. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bors Brady, Felderman, King, Pratt, Nays-None. Communication of City Manager sub- mitting Resolution authorizing publica lion of Notice of Availability of Grantee Performance Reports, presented and read. Council Member King moved that the communication be received and flied. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Farrell, Council Mem~ bors Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 266-80 Authorizing Publication of Notice of Availability for Public Inspection Car. aln Community Development Block Grant Documents. WHEREAS, under date of August 31, 1980, the City of Dubuque is required to 334 Special Session. August 18, 1980 submit an Annual Performance Report for the first five years of the Community Development Block Grant Program to the Il.S. Department of Housing and Ur- ban Development for processing; and WHEREAS. Section 570.300 lb) of the Community Development Block Grant Program requires that reasonable efforl sha]t be made to inform citizens involved in 6~' affected by the local Community Development Program and that the An nual Performance Report is to be sub. mitred and is available tc interested par- tins upon request: and WHEREAS, Section 570.906 icl re- quires that there be public notice of the availability of Annual Performance Ret ports for inspection by the public: NOW THEREFORE BE IT RESOLV ED BY THE CIq Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Be it resolved that the City Clerk be and she is hereby authorized and directed ~o publish in the Dubuque Telegraph Herald, a newspaper of gen- eral circulation with the City, public notice in the form of Exhibit A attached hereto and made a part hereof. Passed. adopted, and approved this lSth day of August, 1980. Carolyn Farroll Mayor Michael W. Pratt James E. Braay D. Michael King John L. Felderman Council Members ATTEST: Mary A, Davis City Clerk PUBLIC NOTICE Pursuant To Title I of the ttousing and Community Development Act of 1974, the City of Dubuque is submitting five (5) AnnualPerformance Reports to the U.S. Depar[ment of Housing and tlrban De- velopment through June 30 t980. Copies of the Annual Performance Reports are on file in the office of the City Clerk, City Hall. Dubuque, Iowa and in the office of the Department el Community Development. 480 Fischer Building, Dubuque, Iowa. The reports are available for inspection by all inter. ested parties, Monday through Friday between the hours of 8:00 AM to 5:00 PM. Saturdays, Sundays and holidays excluded. 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 Farreli. Council Mere bets Brady, Feldermam King, Pratt. Nays-None. Communication of City Manager sub mittiug Resolution to be forwarded to State Auditor advising of City's audit to be completed by Helle, Klosterman. and Co. for Fiscal Year ending June 30, 1980. presented and read. Council Member King moved that the communication be ~eeeived and filed Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays-Nonc, RESOLUTION NO. 265.80 A Resolution for Approval of the City of Dubuque. Iowa Financial Audit for the Fiscal Year Beginning July 1. 1979 Through June 30, 1980, WHEREAS. Chapter 11. Section 1~.18. 1979 Code of Iowa requires that the financial condition and transactions of ali cities over 2.000 shall be examined at least once each year; WHEREAS, examinations may be made by the Auditor of State. or in lieu thereof, the local governing body may employ certified puhllc accountants, registered in the State et Ivwa: and so notify the Auditor of State within sixty days after the close of thc fiscal year to be examined. NOW THEREFORE BE IT RESOLV~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Certified Public Accounting firm of Helle. Klostecman and Company of l)ubuque, Iowa, be engaged to audit the financial condition and transaeuons of the City of Dubuque. iowa, in aecor~ dance with the contract agreement dated April 7. 1980 for the fiscal period ~eginning July L 1979 through June 30, 1980. Passed. adopted, and approved this i8th day of August, ]980. Carolyn Farrell Mayor Michael W. Pratt James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adop- Men of the Resohltion. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem~ hers Brady, Felderman. King, Pratt. Nays~None, There being no further business. Council Member Pratt moved to ad- journ. Seconded by Council Member Brady. Carried by the following vol,e: Special Session, August 18, 1980 Yeas-Mayor Farrell; Coundil Mem- bets Brady, Felderman, King, Pratt. Nays-None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk 335 336 Special Session, August 21, 1980 OFFICIAL Special Council met ,'.D.T.) Present. Mayor Farrell, Members Brady, Feldermsn, King, Pratt. City Manager W. Kooneth Gear- hart. Mayor Farrell read the call and stated that service thereof had been duly made and this Meeting is called for the pur. pose to discuss the situation with Dubu- que Packing Company and acting upon such other business as may come before the Council. C ty Mamtger Gearhart and Public Works Director Mm'ray presented an or statement to Council advislng of dif~ ferent alternatives wh ch might be used to assist the Dubuque Packing Company so as to keep the present plant operating in the City of Dubuque. Public Works Di- rector Murray suggested giving four plants presently on a sewage contract, a 20% sewage decrease break; these four eom an es being Dubuque packing Co., Inland Molasses Co., Dubuqt e "i ermmal and Celotex; Also recommending in- creasing rates to residential and com- mercial uses by 15% effective with bill- ing date of October 1, 1980. Mr. Murray stated City has not confirmed offer with Dubuque Pack ng C~. · Council Member I~ alderman moved .o provide all support possible within the limitation wi~;h the fiscal management to assist both labor and management to keep Dubuque Packing Company in Du- buque with the largest number of jobs possible and this amendment is made with asking nothing in return for no guarantee other than everything pos- sible be done to keep Dubuque packing in town, and City Staff directed to come hack with an Ordinance in September fei' further discussion on sewage rates and City continue to negotiate where ne- cessary to insure whatever is necessary to keep Dubuque pack m Town. Secon ~ ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt, Nays-Council Member Brady, Proclamation proclaiming week of September 1-6. 1980 as "Union Label Week" was read and so proclaimed by Mayor Farrelh AN ORDINANCE of the City of Du- buque, Iowa, amending the Code of Ordi- nances by revising Appendix A thereof, also known as the "Zoning Ordinance and Z,~ning Map of the City of Dubuque, Iowa to amend the zoning map to estab- lish an R-3 Residential District on pro- petty described as "That part of Lot I of i 0~ 1 of tCedar Ridge Farm' lying north of Cedar Cross Road; that part of Lot 1 of 1 of 2 of Mineral Lot 218 lying north of Cedar Cross Road; and Lot 3 of Mineral Lot 211, all in Section 34, T89N R2E of - id the 5th P.M. (Nemmers proper;y , sa property being in the Center Sector of the territory invohmtarily annexed to the City of Dubuque, Iowa, presented and read. Council Meinber Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Council Members Brady, FeL derman, King, Pratt, Nays-Mayor Farrell. moil Member Brady moved that the rule requiring an Ordinance to be re- nd filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Carried by the fei lowing vote: Yeas-Council Members Brady, Fel- derman, King, Pratt. Nays-May,of Farrell. Council Member Brady moved that a g be held on the Ordinance on September 15, 1980 at 7:30 o'clock P.M. in the Council Chamber at City Hall and that the City Clerk be directed to I ublish notice of the hearin~g in the man nar as required by aw. Seconded by Council Member I alderman. Carrmd Y the following vote: Yeas-Council Members Brady, Fei- derman, King, Pratt. Nays-Mayor FarreIl. There being no further business, Council Member Felderman moved to adjourn. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Mary A. Davis City Clerk Approved ...................... 1980 Adopted ....................... 1980 Council Members ATTEST: City Clerk Regular Session, September 1. 1980 CITY COUNCIL OFFICIAL Regular,Session, September 1,1980. Council met at 7:30 P.M. (C.D.T.) No members of the council being present, meeting was adjourned sub* ject to call. Mary A. Davis City Clerk Approved; .......................................... 1981 Adopted ............................................. 1981 Council Members ATTEST: City Clerk 387