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1980 November Council Proceedings392 Special Session. October 20. 1980 Mary A. Davis City Clerk Approved .......................................... 1981 Adopted ............................................. 1981 Council Members ATTEST: City Clerk Regular Session, November 3, 1980 393 CITY COUNCIL OFFICIAL Regular Session, November 3, 1980. Council met at 7:30 P.M. (C.S.T.) Present. Mayor Farrell, Council Mem- bers Brady~ Felderman, King, Pratt, City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Mayor Farrell read the call and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY MEETING of the City Coun- cil called for the purpose to act upon such business as may come before the Council. Invocation was given by Rev. John Brooks, Pastor Immanuel United Church of Christ. PROCLAMATIONS: November 9-15 as "Youth Appreciation Weeki' Novem bet 9-15 as "Key Club Week;" November 14 as "Operating Room Nurses Day;" and the month of November as"Dubuque Dia- betes Montli." Corporation Counsel R~sso advised that the appeals filed by Police Officers Charles Kunau and Richard Hanten have been dismissed before the Civil Services Commission, also that Officer Kunau has resigned. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to repeal Chapter 30 of the Code of Ordi- nances and enact a new Chapter 30 in lieu thereof pertaining to revising and re-eh acting a Plumbing Code for the City of Dubuque, Iowa, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Petition of Wm. Herrig re0uesting to amend Proposed Ordinance regarding the installation of DWV Copper, present ed and read. Council Member Felderman moved that the rules be suspended to let anyone present address the Council. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor FarrelL Council Mere bets Brady, Felderman, King, Pratt. Nays-None. Wm. Herrig spoke to the petition stating that he is not against the pro posed Code, just is against some of the materials, such as plastic piping in some instances. Council Member Fe[derman moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem: bers Brady, Felderman, King, Pratt. Nays-None. An Ordinance Amending Chapter 30 of Code of Ordinances by repealing said Chapter and enacting a new Chapter 30 in lieu thereof to re-enact a Plumbing Code, said Ordinance having been presented at the Council Meeting of October 20; 1980, presented and read. Council Member Brady moved that the reading just had be considered the second reading of the Ordinance. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Fclderman, King, Pratt. Nays-None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to grant a permanent easement across City property for the relocation to install an electric transmission line by Interstate Power Co., presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time set for the Hearing. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Car ried by the following vote: Yeas-Mayor l~'arrell, Council Mem bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 317.80 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph-Her aid, a newspaper of general circulation, published on October 24, 1980 in the City of Dubuque, Iowa; the City Council of the City of Dubuque, Iowa met on the 3rd day of November, 1980 at 7:30 o'clock P.M. (CS 1') 'n the C'ty Counc'l Chambers in the City tIall Dubuque, Iowa to consider granting a permanent easement across City property for the relocation and in- stallation of an electric transmission line by Interstate Power Company, a Dela ware Corporatlo~, copy of which Trans mission Line Easement Agreement is hereto attached and made ~t part hereof by reference; and WttERI~'AS, The C'ty Council of the City of I)ubuque, Iowa deeras it in the best interests of the public that said rransmissi n IAne Easement be grantet NOW TtlEREFORE BE IT RESOLV liD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to grant a permanent easement to Interstate towcr Company, a Delaware Corporation, across City property for the relocation and instalhttion of an electric transmis 394 Regular Session. November 3, t980 sion line be and the same is hereby ap- proved and granted. Section 2. That the Mayor and the City Clerk be and they are empowered to execute said Transmission Line Ease- ment Agreement for and on behalf of the City of Dubuque. Iowa. Seufion 3. That the City Clerk be and she is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County, Recorder. Passed. adopted, ~nd approved this 3rd day of November. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following VOtel Yeas-Mayor Farrefi. Council Mem- hers Brady, Felderman. King, Pratt Nays-None. Proof of publication, certified to by the Publisher of Notice to Contractors of the receipt of proposals for the construction of the City Hall Handicapped Ramp, pre- sented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: YeashMayor FarrelL Council Mem~ burs Felderman. King, Pratt Nays-Council Member Brady. Communication of City Manager re- commending to award contract for above to Patrick T. O'Dowd. presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt Nays-Council Member Brady. (Awarding Contract) RESOLUTION NO. 313-80 WHEREAS, sealed proposals have been submitted by contractors for the City Hall Handicap Ramp, pursuant to Resolution No. 298-80 and notice to bid- ders published in a newspaper published in said City on October i0. 1980: and WHEREAS. said sealed proposals were opened and read on October 1980. and it has been determined that the bid of Patrick T. O'Dowd of Dubuque, Iowa in the amount of $7,912.38 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifi. cations: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, [0WA: That the contract for the above men- tioned improvement be awarded to Pat- rick T. O'Dowd and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of said work BE IT FURTHER RESOLVED thai upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- fid bidders. Passed. adopted, and approved this 3rd day of November. 1980. Carolyn Farrel] Mayor D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Felderman. King, Pratt Nays-Council Member Brady. Communication of City Manager re- questing authorization to execute a con- tract with Iowa State University for the continuation of an Urban Storm Water Management Study, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt Nays-None. RESOLUTION NO. 319,80 Authorization to Execute an Agree- ment with Iowa State University for Continued Participation in the Second Year of the Iowa Urban Storm Water Management Program, WHEREAS. Storm Water Manage- ment problems are of increasing concern in urbanized areas of the state: and WHEREAS. Iowa State University is conducting a three-year study for the de- velopment of technical manuals and ordi- nances that are applicable to storm water management in Iowa communities: and WHEREAS. the City of Dubuque participate in this program in FYSO: and WHEREAS. the cost to the City of Du- Regular Session, November 3, 1980 395 buque for participating in this program in FY81 will be $3,000; and WHEREAS, a number of other major metropolitan Iowa cities, counties, the Iowa Natural Resources Council and the Department of Environmental Qualfi for participating in this program. NOW THEREFORE BE IT RESOLV~ ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to sign a continuation agree- ment with Iowa State University for the City's participation in the second year el the Iowa Urban Storm Water Manage- merit Extension Program at a Cost of $3,000 to the City, contingent to the fill- ing of the graduate student position at I,S.U. Passed, adopted, and approved this 3rd day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution as amended. Seconded by Council Member Pratt. Carried by the following vote: Yeas:Mayor Farrell, Council Mem- bers Brady, Fclderman, King, Pratt. Nays-None. Communiation of City Mgr. submitting Resolution approving Owner Certificate of A.C. Pfohl Place, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrefi, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 320-80 WHEREAS, a plat of "A. C. Pfohl Place" in the City of Dubuque; Iowa; has been prepared, and is recorded in the Of- fice of the Recorder of Dubuque County, Iowa, as instrument number 6278-80; and WHEREAS, Resolution No. 219-80 had authorized the City Manager and City Clerk to execute a Purchase Agree ment for property subsequently platted and described as "Lot 2 of A. C. Pfohl Placo~" and the execution of which had es- tablished the City of Dubuque, Iowa, as owner of a title interest in said property; and WHEREAS, the Owner's Certificate accompanying the plat of "A. C. Pfohl Place!' has been endorsed by the City Manager and City Clerk, on behalf of the title interest held by the city of Dubuque, Iowa, and which endorsement was made according to provisions of Resolution No. 219-80; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the endorsement of the Owner's Certificate of the plat of "A. C. Pfohl Place" by the City Manager and City Clerk was done in conformance to provisions of Resolution No. 219-80 and is approved. Passed, adopted, and approved this 3rd day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mere hers Brady, Fcldermanl King, Pratt. Nays-None. Communication of City Manager sub mitring proposed Consultant Contract Funding Agreement between City and Iowa Division of IBstorlc Preservation and proposed resolution authorizing ceptance of agreement and contract for proposed Lower Main Street Planning and Design Study, presented and read. Council Member King moved that the Communication be received and filed. Seconded by Council Member Felder man. Carried by the following vote: Yeas:Mayor Farrell, Council Mum burs Brady, Felderman, King. Nays-None. Abstain Councl] Member Pratt. Communication of Itlstoric Preserva- tion Comm. recommending Mr. Krivis key be selected as prime contractor for study and Ben Miehe as Project subcon- tractor, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member King. Car. tied by the following vote: Yeas Mayor Farrell, Council Members Brady, Felderman. King. Nays-None. Abstain Council Member Pratt. 396 Regular Session. November 3. 1980 RESOLUTION NO. 321-80 A Resolution Aulhorizing Execution ut a Project Agreement with the Division of Historic Preservation of the Iowa State Historical Department for Cost. Sharing on a Lower Main Street Area Preservation Planning Project, and Ap- proving the Expenditure of Block Grant Funds and the Acceptance of a Con- tracl with Bruce M. Krlvlskey, A.I.C.P., for Said Project. WtIEREAS, the City of Dubuque, Iowa. has entered into Grant Agreement No. B~80-MC-19-0004 with the U.S. De- partment of Housing and Urban Develop- menu providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974: and WHEREAS. pursuant to said Grant Agreement. the City proposes to provide partial funding for a Preservation Plan- ning/Design Study Project for the Lower Main Street Area: and WHEREAS. the City has applied to the Division of Historic Preservation of the Iowa State Historical Department for a matching gran! for cost-sharing through the Heritage Conservation and Recreation Service. U.S: Department of Interior and WHEREAS. the City of Dubuque His- toric Preservation Commission has re commended that Bruce M. Krlviskey, A.I.C.P.. be retained as consultant for such Preservation Planning Project, and has presented a proposed contract and scope of services for that purpose; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sacfien 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Project AgreemenL hereto attached and marked Exhibit "A". be tween the City of Dubuque, Iowa. and the Division of Historic Preservation of the Iowa State Historical Department, pro- viding for cost sharing on a Preservation Planning/Design Study Project. Section 2. That the City Manager be and he is hereby authorized to expend General Planning funds from the Commu- nity Development Block Grant budget, to provide fifty percem 50%) matching funds for the contract hereto attached and marked Exhibit "B". Section 3. That the Mayor and the City Clerk are hereby authorized and di- rected to accept the contract and scope of services, hereto attached and marked Ex- hibit "B", providing for consultant ser- vices of Bruce M. Kriviskey. A,I.C.P., for a Preservation Planning/Design Study Project. Passed adopted, and approved this 3rd day of November. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution. Seconded by Council Member Fclderman. Carried by the fol~ lowing vote: Yeas-Mayor Farrell. Council Mem bors Brady. Felderman. King. Nays-None Abstain-Council Member Pratt. Communication of City Manager sub mitring resolution recommending accep- tance of City of Dubuque 1980 Asphalt Paving Project, presented and read. Council Member King moved that thc communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady. Felderman. King, Pratt. Nays~None (Final Estimate) City of Dubuque. Iowa RESOLUTION NO. 322-80 WtIEREAS. the contract for the City of Dubuque 1980 Asphalt Paving Project has been completed and the City Engi- neer has submitted his final estimate showing the cost thereof including thc cost of estimates, notices, inspection, and preparing the assessment and plat, NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE~ IOWA: That [ne cost of said improvement is hereby determined to be $466.078.20. That $189.428.08 of the cost thereof shall be assessable upon private property and $276,67.12 shall be paid from the Road Usc l~ax F~und ($26~.919.50) Park Fund 98 3021-2427-00 1512.730.62) of the City of Dubuque Fund. Passed, adopted, and approved this 3rd day of November. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pra~ John L. Fclderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following Regular Session, November 3, 1980 397 Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. (A Resolution Accepting Improvement and Directing the Clerk to Publish No- tice.) City of Dubuque, Iowa RESOLUTION NO. 323.80 WHEREAS, the contract for the City of Dubuque 1980 Asphalt Paving Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its acceptance, NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the recommendation of the City Manager be approved and that said im- provement be and the same is hereby ac~ cepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estahe subject to assessment for said improvement and file the same in the of- fice of the City Clerk subject to public in- spection and said'Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED~ that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted, and approved this 3rd day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W, Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolutlom Seconded by Council Member Brady. Carried by thc following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, PratL Nays-None. RESOLUTION NO. 324-80 Resolution Adopting the Final Assess. merit Schedule for the City ol Dubuque 1980 Asphalt Paving Project Number One Including Certain Information Re. quired by the Code of Iowa, Specifical- ly, the Number of Annual Installments Inlo Which Assessments are Divided, the Interest on All Unpaid Installments~ the Time when the Assessments Are Payable and Directing the Clerk to Cer- tify the Final Schedule and to Publish Notice Thereof. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the 'final schedule of assessments and ac~ companying plat showing the assess ments proposed to be made for the con struction of the City of Dubuque 1980 Asphalt Paving Project Number one on following named streets: I. West Eighth Street from the W.P.L. of Bluff Street to the W.P.L. of the N. 100' E. 35' of Lot 49 of Corriell's Dubuque. 2. Hill Street from the N.P.L. of Wooten Street to the S.P.L, of West Eighth Street. 3. Valley Street from the W.P.L. of Southern Avenue to the N.P.L. of Mount Loretta Street. under contract with Tri-State Paving Company of Dubuque, Iowa, which final plat and schedule was filed in the office of the City Clerk on the 30th day of October, f980, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally against the respective properties bone fited by the improvements as shown in the schedule, subject to the provisions of Section 384.63, Code of Iowa, 1979. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty five percent of the value of same. Said assessments shall be payable at the Office of the County Treasurer of Du buque County, Iowa, and the same may be paid there or at the office of the City Treasurer of the City of Dubuque, in full or in part and without interest within thirty days aRer the date of the ccrtifica. lion of the plat and schedule of assess ments to the County Auditor of Dubuque County, Iowa. That unpaid assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear interest at the maximum rate of ten percent per annum from the date of the acceptance of the im prow~mcnts; the first installment of each assessment, or total amount thereof if it Regular Session, November 3, 1980 399 398 is less than $50.00, with interest on theI whole assessment from the date of accep-I tanceoftheworkby the Council. shallbe- ' Regular Session. November 3, 1980 come due and payable on July L 1981: suc- ceeding annual installments, with inter- ese on the whole unpaid amount, shall respectively become due on July first an- nually thereafter, and shall be paid at the same time and in the same manner as the September semi-annual payment of ordi- nary taxes. That the City Clerk be and is hereby directed to certify said final plat and schedule to the County Auditor of Dubw que County. Iowa. and to publish notice of said certification once each week for two consecuuve weeks in the manner pro~ vided in Section 362.3. the first publi- cation of which shall be not more than fif teen days from the date of filing of the final schedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publica- tion of the notice, all as provided and di- rected by Section 384.60 of the Code of Iowa. 1979. Passed. adopte& and approved this 3rd day of November. 1980. Carolyn Farrell Mayor James E. Braay D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the t~esolution. Seconded by Council Member Brady. Carried by the following Yeas-Mayor Farrell. Council Mem- bers Brady. Felderman. King, Pratt. Nays-None City of Dubuque 1980 Asphalt Paving Project Assessable City Share Share Total Construction Cost .................................... 240.715.90 163.692.06 404.407,96 Engineering Expense .............................. 35.934.22 24.553.81 60.488,03 Five Percent Interest/52 Days ................ 0.00 1.182.21 1.182.21 Total Cost ................................................. 276.650.12 189A28.08 466.078.20 City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS For West Eighth Street from the W.P.L. on Bluff Street to the W.P.L. of the N. 100'- E. 35' of Lot 49 Corriell's Dubuque. Corriell's Dubuque Owner Lot Location Beverly B. Woodward ............................... 41 Beverly U. Woodward ...................................1-14 Hever~y B. Woodward ................................. NA0' W 150'38 Beverly B. Wtmdward ............................. 4n/I Carol R. Klauer .......................................... ~k103' 38 McKinley's Sub. C.L. 653 City of Dubuque Iowa ................................. Telegraph Herald ............................. C.L, 653A Telegraph lleraJd ................................ Telegraph flerald ................................ - Telet'raoh flerald .....................................7A Telegraph tlerald ............... ~ I C.L. 653 Te[egrauh Herald ............. 6-C.L. 653A The First Nat'l. Bank of Duouone Trush,e Marion J. Ryder .......................................... 5-C.I. 653A The First NaUL Bank of Dubmlue Truste,, Marion J. Ryder .................... 4-1 C.L. 653 W/47 808.63 W/47 120.43 W/47 I 196.55 7.440 I ]57.58 W/42 1.405,45 W/42 4.801.40 72.52( 81,46 0 L738.82 :t5.530 1,365.09 t6.020 643.69 59.770 907.39 Wt~ 316,58 16.490 13.54 W/5.CI~ 653A [8.05 All of which is assessed in proportion to special benefits conferred. Prime or 'Pack C~ t ................................................. ~ 0.92 220.8{I ManholeorOra u s~ r w r ............................................ (f~125,00 750.(10 Manhole, Ring or (~over ............................ ~ ........................................... ((ol50.00 : ~l(J 0.0(J h.C. Surface Course ............................................................................ ~ 28.80: 1,987.2(I A.C. Binder Course ................................................................................... ~b 28.80 1,411.20 Sidewakor )rww yRem v ................................................................. ~ 0,27 = 53.86 400 Regular Session, November 3. 1980 City o! Dubuque, Iowa SCHEDULE OF ASSESSMENTS For Hill Street from the N.P.L. of Wooten Shree~ [o the S.P.L. of West Eighth Street. Mineral Lot 68 Paul G. Wiedeman & Janet Kaufmann ......... MaeM.& Joseph fi Keller ..................... Mae M. & Joseph A. Ko6er ........................... B, uth J.Stra~ton ................................... Ruth J.Stra~on ....................................... Katherine C Klem ...................................... Frank L. & Nancy Kay Zmudka ........ Paul J. & Pamela M. Peekosh ...................... PaulJ & Pamela M, Peekosh ...................... Francis E. & Theresa M* Cieeiarelh. Cent: Michael T. Nelson ......................... Mrs. L.H. Langworthy's Sub. et Lots 2 & 3 W.20'-4 43,040 Mab~i A. Carton ......................................... Mabel A Carroll ............................................ ttugt & Betty Phgtip~ .............................. Ronald R, & Sharon M, Knu~er ............... Ida R, Sunaheim ................................. Ida H. Sunah~m .................................. Mrs. L.H. Langworthy's Sub. Daniel F. & Behhe Jam. Am~ ................. 2-t-I 1-4 Regular SessiOn, November 3, 1980 Charles R., Jr. & Sally S, Naylor ................... Dr. David F. & Virginia S,Kapp .................... l)r. R, Lyndsay & Susan Campbell ............... Joseph C. Locker (und. 11.48% interest) ...... James R, Grady (und. 18.i1% interest) ........ Eugene P. Hoffmann {und. 11.49% interest) Frederick R. May (und. 12.14% interest) James G. Snyder (und. 9.30/0 interest) .......... James G. Snyder (und. 4,5% interest) Lawrence W. Foster (und. 8,86% [nteresO Massey Heights Mineral Lot 73 Joseph C. tother (uad. 11.48% interest) ...... James R. Grady (und. 18,11% interestl ........ Eugene P. Hoffmann lund. 11.49% interest) Frederick R. May (uad. 12.14% interest) ..... James G. 8nyder (und. 9,3% interest) .......... James O. 8nyder (und, 4.3% interest) .......... Lawrence W. Foster (und. 8.860/0 interestt William E. McCoy (und. 12.63% interest) ~ober t E. &EEanor McDonough {und. 11.49% interest) ............................................ West Third Leasing Association .................. I 1-2-9 Oeorgo Ketof, Cent: Gilbert N, & Doris M. Gingtgen ......................................... l-McGoy's Sub. Brad A. Hintgen ............................................ 2.McCoy's Sub. Doming & Horr's Sub. Gunnar& lyle S. Ant ..................................... Edward J. & Elizabeth M. Morgan ............... Rev. William L. & John M. DIx ...................... Joseph C. & Dlanne A. Higgins ..................... Lawrence W. James ............... : ...................... Fred M. & Betty Fuerst ................................ Gerald F.Maro ............................................... Carla & ciera S. Lenz .................................... Jaseph C. & Thelma Tschudl, Coat: Robert I. & Paul M. Lunge ............................ John H. & Rite A. Johns ................................ PyungK. & ChongA. Kang ........................... 36,630 297,180 1P5,300 35,230 Buettel & Langworthy's Addition 401 415.31 184.60 23,85 14.63 5.49 10.82 4O2 Regular Session. November 3, 1980 Robert A. Fronnd. undlv. 1 ~ mtercst .......... John R. & Rozanne C. Krmmaa ................. Dennis & Bandra Lueck ............................... Willis F. & Elizabeth J. O'Malley .................. Willis F. & Elizabeth J. O'Malley .............. Raphael H & Ruth Struh ............................ Rophas[ R. & Ruth Strub ............................ Eric & Dianne M, 8chultz. Coat: John R. Eric & Dianne M. Schultz. Coat: John R. & Roseann C. Kreimen .............................. Lois Deich ................................................ Lois DoEh .................................................. Philin J. & Roseann Breitbach. (]oat: Gary E. Piekel & John C. Reinriehs .............. David J. Murphy .................................. Daniel Wilwer t .............................................. Alnhonse J. 8ehleasl ................................ Willis P. & Janet M. Rawm ........................... Mar) Blaine BreRhach .................................. Hahm M. Il .risen ......................................... Dupaco Credit Union, Eont: Jerry M. & Carol F. Graves ............................................ Duoaco Credit Union Coat: Jerr~ M. & Carol P. Graves .......................................... Don K. Myers ............................................... Donald M. & Virginia Herbst ....................... David F, & Roseaaa g. ChatfieM ................. William IL & Catherine A. Putensen .......... Willam H. & Catherine A. Putensen ......... Donald L. 8ehultz. Coat: Connie F. Buss ... Nilda G. Gulor ............................................. T.F.M. Company ......................................... Thompson's Fo~d Markets ................... Thomas J. Raerskens & Richard J Davison ....................................................... Louis & Genevieve Pfohl ............................ Louis & Genevieve Ffohl ............................... City of Dubuque. IA ................................ City of Dubuque. lA ................................... Gregory G. & Marilyn Kay Goodman ........... Michael J. Alabasie ........................................ Vivian Ehlinger. Cont: Ronald John & John W. Rorri~ and Herron L. Ninmaa ........ Vivian Ehlinger. Coat: Ronald John & John W. Herrig and Herron L. ltinman ....... City of Dubuque,IA ...................................... City of Dubuuue IA ..................................... City of Dnbuque~lA ...................................... SUB. 1-3-M.L 76 & 2-M.L. 77 R.W. Brown's Sub. Kelly's Sub, W,20'-2-I-E. % -40 304 50.52 Regular Session. November 3. 1980 403 19.750 11266 99,63 Francis G, & Ursula G, NlehoE .............. 2-16 W/2-1 § 112.70 Francis G. & Ursula G. Nichols .................. 2-14 32.86 George W. Rogers' Sub. TOTAL All of which is assessed in proportion to special benefits conferred. A,C, Binder Course, ...................................................................... @ A.C,Surfaee Course ......................................................................... @ 28.80 Prime or Tack Coat .......................................................................... ~0 1.92 3Id" Stabilized Rolled Stone Base ....................................... @ 6.40 Manhole Ring and Cowr ........................................................ @ 150,00 Prime or Tach Coat ............................................................................ @ 0.9~ A.C. Sar face Goarse ....................................................................... ~ ~8.80 ManholeRlngandCowr ............................................................... ~ 150.00 - Manhole or Grate Raise or Lnwer ............................................. @ 12§.00 A.C. Binder Course ........................................................................ ,~ 28.00 17.26 404 Regular Session, November 3, 1980 *3932.27 sq. It, Sidewalk or Driveway Removal .......................................................... @ 0.27 = L062.63 '2117 gq. yds. Sodding .................................................................................. ~ .............. @ 2.25 = 4,763.25 *723.2 tons 3/4" StabiliZed Rolled Stone Base ............. ~ .......................................... @ 6.40 ~ 4,628.48 *2633 cu. yds. Excavation ........................................................................................... @ 3.90 = 14.168.70 *2 each Catch Basin, Double, 104 "B". .............................................................. @ 1,25@00 = 2,500.00 *8each Catch Basin, Triple, 125 "B". ................................................................ @ 1,75@00 = 3,500.00 '6204.5 Sn. ft. Curb&Butter-Type 'A"or"@'. ...................................................... @ 7.60 = 46.533.75 *287.49 sq. yds. 6" Driveway Slab ................................................................................. @ 21.00 = 8,037.29 '145 cu. yds. Select Fill Material .............................................................................. @ 6.75 = 978.75 Extra Work .......................................................................................... 2,45~.16 TOTAL CONSTRUCTION COST $212,724.53 *CITY SHARE 1 ~9,002.97 ASSESSABLE SHARE 83.721,56 ENGINEERING EXPENSE 12,558.22 5% INTEREST J 52 DAYS 2~M.65 TOTAL ASSESSABLE AMOUNT $~9_62~884.44 City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS For Valley Street from the W.P.L. of Southern Avenue to the N.P.L. of Mount Loretta Street, Marion Gibbs ................................................. Marion Gibbs ................................................. Oak Grove Addition Regular Session. November 3. 1980 405 Rerbert P. Anthony ...................................... @archer A, & Mary E. Mayne .................... Daryl M, & Myra E. Enda]ey ...................... Mauriee D. & Emma Cook .......................... CEy of Duouque, Iowa ............................... Leo R. & Juanita Oswald, Cent: Robert Sr,& Mary A. Mi~er .................................... ~avtd & ~ary l~usem ................................. Donald Ralph Lyons ................................... Lydia Lyons ................................................. ~.yL diaLyons ................................................... NetBe Lyons Est ........................................... William Lyons ................................................ Lc@er N. & Ka@rya D. Motsch .................... Geneva E, 8heppley ...................................... Ruth Ann Frazler ........................................ Mary JacqueSne Kenneker ......................... Mary Jacqluelino Kenneber ......................... Neil A. & Elenora M. 8chuber t .................... Nell A. & Elenora M, Sehubert ..................... Mary Jacqueline Kenneker .......................... Mary Jaeqtueline Kenneker .......................... Netl A. & Elenora M. Schubert ................... Ne8 A. & Elenora M. Schubert .................... *Richard J. HarBg ........................................ Oity of Dubuque, Iowa .................................. 8tare of Iowa ................................................. State of Iowa ............................................... Harry A, & Kathleen M. SoeehL .................. Harry A. & Kathleen M. Specht .................. Harry A. & Kathleen M. Specht .................. Larry & Debra Jean Lyons ...................... Merlan L. & Mary Lee Martini .................... *Wm. S. & Geneva E. Shepptey .................. Sydne~ E, & Elizabeth D. Miller ................. Marvin E, & Geraldine L. Gerhard ............. F. Paul & Janiee A. Lees ............................. Micbeel J. & Marllyn E. McCarron ............... *Deficiency Paid by City of Dubuqu~ Willis Lyons ............................................... Richard J. Ha~t[g ......................................... LEVI'S ADDITION 2-1-26 15.840 252.01 27 Wf2-1-26 409.67 29 360.30 20 1,220 192.65 32 1.320 74.33 RANDALL'S SUB. 16-1 11.400 798.68 15 1 15.830 746.27 ASPEN SUB. All of which is assessed in proportior, to special benefits conferred. ~65 cu. yd. Ex.ration ....................................................................................... @ 3.90 - 3.373.80 A.C, Binder CoursP ............................................................................ @ 28,80 17.136.00 A.E. Surface Course ........................................................................... ~0 28,80 18.864.00 Aspbe[tTreatedBase ........................................................................ @ 25,70 - 1.413.50 Prime or Tack Coat ~ ............................................................................. @ 0,98 ~ I ~§5,80 3/4" StabiSzed Robed S~one Base ................................................. @ 6.40 6.790,40 ManbelesorGr@es EaiseorLower ................................................. @ 12E00 = 1 @0.0( ManholeRing&Cover ........................................................................ @ 160.00- 600.0{ Sidewalk or Drivewa~ Removal ...................................................... @ 0.27 = 18.83 Sodding ................................................................................................ @ 2.25 - 5199 E & G 0v P~ek Cneb Remove & Replae~ ........................................ @ 10,50 I 730.40 6" Driveway 8198 ................................................................................. ~0 21.00 - 162.75 Extra Work ....................................................................................... 76.83 TOTAL CBNSTRUCTION COSq $ 52,9~3.7§ 406 Regular Session. November 3, 1980 Communication of City Manager sub- mitting bidding procedures for the con- struction of the Bell Street Storm Sewer on 4th Street Peninsula, presented and read. Council Member Felderman moved that the communication be received and [tied. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. RESOLUTION NO. 325-80 Approval of Preliminary Plans, Specs., etc. for construction of the Bell Street Storm Sewer on 4th Street Peninsula. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa. that the proposed plans, specifications, form of contract, plat and schedule and all other documents contained herein are hereby approved and ordered filed in the office of the City Clerk for public inspection, and are to be considered a part of this resolu~ t/on, Passed. adopted, and approved this 3rd day of November, 1980, Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt 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 yore: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. (Necessity for Improvements) RESOLUTION NO. 326.80 WHEREAS, proposed plans, specifica- tions, and form of contract have been duly prepared and approved by the City Coum cfi of the City of Dubuque. Iowa. and are now on file in the office of the City Clerk showing among other things the follow- ing: Ill The plan of such improvement (2) An estimate of the cost of th~ im- provement for the Construction of the Bell Street Storm Sewer. BE IT THEREFORE RESOLVED that the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improve- merit, and unless interested persons at the time of the final ~onsideration of this proposed resolution have on file with the City Clerk. objections to the proposed plans, specifications, contract or esti- mated cost of the improvement, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid from the Community Develop- ment Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 3rd day of November. 1980. Approved and placed on file for final action, APPROVED: Carolyn Farrel] Mayor James E. Brady D. Michael King Michael W. Pratl 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- bers Brady. Felderman. King, Pratt. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 327-80 WHEREAS. the City Council of the City of Dubuque. Iowa. has given its pre- liminary approval on the proposed plans. specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the Con- struction of the Bell Street Storm Sewer. NOW THEREFORE BE IT RESOLV- ED THAT on the 17th day of November. 1980, apublic hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications, form of contract and cost of'said improvement. and the City Clerk be and is hereby di- rected to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubu- que, Iowa. which shall not be less than four days nor more than twenty days prior to the day fixed for its considera- tion, and the City Clerk be and is hereby directed to have published the notice of pendency for said improvement and the City Clerk is hereby directed to advertise t'or proposals to the con~ractors for the construction of the above-mentioned tm- Regular Session November 3, 1980 407 provement, Passed, adopted, and approved this 3rd day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt 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 FarreIl, Council Mem- bers Brady, FeIderman, King, Pratt. Nays-None. RESOLUTION NO. 328-80 WHEREAS, the City of Dubuque, Iowa, shall be constructing the Bell Street Storm Sewer; and WHEREAS, a portion of the project is located beneath railroad tracks owned by the Illinois Central Gulf Railroad; and WHEREAS, it is necessary to obtain the permission of the Illinois Central Gulf Railroad for said construction. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor be and is hereby au- thorized and directed to execute two copies of the attached agreement number P 5014, dated January 25, 1977, relative to the construction of the Bell Street Storm Sewer, and that the City Clerk be and is hereby directed to file the docu- ment with the Illinois Central Gulf Rail- road and the Dubuque County Recorder. Passed, adopted, and approved this 3rd day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved ap- proval and adoption of the Resolution. Seconded by Counell Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitring Resolution adopting Supplement No. 6 to the Code of Ordinances, present- ed and read. Council Member Brady moved that the communication be received and filed. Sec~ onded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Fe!derman, King, Pratt. Nays~None. RESOLUTION NO. 329-80 WHEREAS, under date of November 1,1976, the City Council of the City of Du buque, Iowa. pursuant to Ordinances 55-76, and after a public hearing, adopted a Code of Ordinances of the City of Dubu- que, Iowa, for ordinances adopted up te and including September 15. 1975; and WHEREAS isince September 15,1975, the City Council of the City of Dubuque, Iowa, has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed from time to time as supplements to the Code of Ordinances; and WHEREAS, Section 380.8 of the 1979 Code of Iowa provides that the supple ments, by resolution, become part of the Code of Ordinances; NOW THEREFORE BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Supplement No. 6 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, up to and through De- cember 17, 1979, printed by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the office of the City Clerk of the City of Dubuque. Iowa, be and it is hereby adopted and becomes part of the Code of Ordinances of the City of Dubu que, Iowa. Passed, adopted, and approved this 3rd day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Feldermau Council Members ATTEST: Mary A. Davis City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Coun cfi Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays~None. Communication of Corporation Coun scl submitting Ordinance regarding Motorcycle Operation which was re- ferred to him for review at the meeting of October 20, 1980, presented and read. Council Member Pratt moved that the communication be received and filed. 408 Regular Session, November 3. 1980 Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. ORDINANCE NO. 66.80 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SECTION 25-191 TO ARTICLE VI OF CHAPTER 26 THEREOF PROVID- ING FOR THE REGULATION OF MO- TORCYCLE AND MOTORIZED BI- CYCLE OPERATION WITHIN THE CITY OF DUBUQUE. presented and read. Council Member Pratt moved that tile reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the [ollowing vo~e: Yeas-Mayor Farrell. Council Mem bets Brady, Felderman, King, Pratt, Nays-None. Council Member Pratt moved that tbe rule reqmrmg an Ordinance to be re. ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt, Nays-None. ORDINANCE NO. 66.80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA, BY ADDING A NEW SECTION 25-191 TO ARTICLE VI OF CHAPTER 25 THEREOF PROVIDING FOR THE REGULATION OF MOTOR- CYCLE AND MOTORIZED BICYCLE OPERATION WITHIN THE CITY OF DU- BUQUE, IOWA NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the code of Ordinances of the City of Dubuque, Iowc~ be and the same is hereby amended by adding a new Section25.191of Article VIof Chapter25 lkereof c,~ jbllews: "CHAPTER 25. ARTICLE VL Sec, 2.5-191. t. Generah The motor vehicle laws ap- ply to the operators of mo[oreyeles and motorized bicycles to the extent practi- cally applicable. 2. Riders. a. Motorized bicycles. A person op erattnq a motorized bicycle shall not carry any other person on the vehicle. b. Motorcycles. A person shall not operate or ride ~ motorcycle with other person on the motorcycle unless !he motorcycle is designed to carry more than one perso~ The additla~ml passenger may ride upon the perma. ~ent and regular seat if designed for two persons, ow upon another seat fivml~ attached to the motorcycle at the rear of the operator. The motor. cycle shall be equipped with footrests for the passenger unless the passenger is riding in a sidecar or enclosed cab. The motorcycle operator shall not ca, ry any person nor shall any other pep son ride in a position that will inter. fete with the operatlan of the operator. 3. Sitting position. A person operat- ing a motorcycle or motorized bicycl~ ~hall ride only upon the vehicle's perma. sent and regular attached scat. Every person riding upon the vehicle shall be sitting astride the seat. facing forward with one led on either side of the vehicle. 4. Use of Traffic Lanes. Persons shall not operate the motorcycles or motorized bicycles mor~ than ~wo abreast m a single lane. Except for persons operating ~uch vehicles two abreast, a motor vehi- cle shall not be operated in a manner de- priving a motorcycle or motorized bicy- cle operator of the full use of a lane. A motorcycle or motorized bicycle shall not be operated between lanes ~f traffic or between adjacent lines or rows of veh~ cles. The operator of a motorcycle or motorized bicycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken unless the vehi- ele bein9 overtaken ts a motorcycle or motorized bicycle, 5. Headlights On. A person shall not operate a 1977or later model year motor- cycle or any model year motorized bi- cycle upon the highways without display- ~ng at least one lighted headlamp of the type described in Section 25-110 of the Code. However. this subsection is sub- ject to Ihe exceptions with respect to parked vehicles as provided in this chap- 6. Packages. The operator of a motor- cycle or motorized bicycle shall not carry any package, bundle, or other article which prevents the operator from kee~ lng.both hands on the handlebars. ?. Handlebars. A person shall not operate a motorcycle or motorized bi. cycle with handlebars more tha~ £iftee~i inches in hetght above that portton of the seat occupied by the operator g. Parades. The provisions of this sec- tion do not apply to motorcycles or motorized bicycles when used in a parade authorized by proper permit from local authorities. Section 2. That all ordinances or parts of ordinances tn conflict with this ordi- Regular Session November 3, 1980 409 ~ance are hereby repealed and of no f~r- therforce or effect. Passec~ adopte~ and approved this 3rd day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael Kiny Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of No- vember 1980. Mary A. Davis City Clerk 1 t 11/7 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None, Communication of City Manager sub- mitting revised draft of DMATS Year 2000 Projections, presented and read, Council Member Felderman moved that the communication be received and filed and approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem: bets Brady, Felderman, King, Pratt. Nays-None, Communication of City Manager sub- mitting progress report on George Con- nelly property located at 1750 Miller Road, presented and read. Council Member Felderman moved that the communication be referred to the next Council Meeting. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 330.80 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "D" BEER PERMIT T F M Co. d/b/a Iron Kettle Deli (Also Sunday Sales) - 51 W. 32nd St. Passed, adopted, and approved this 3rd day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 331.80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Nelda L. Dory (Also Sunday Sales) - 1091 Main Stret. Crane Enterprises, Inc. - 2245 John F. Kennedy Rd. Lowrie E. Smith (Also Sunday Sales) - 521 East 22nd St. Marian Brade & James Henkel IAlso Sunday Sales) -- 2616 Windsor Ave. James T. Clark - 253 Main St. Passed, adopted, and approved this 3rd day of November, 1980. Carolyn Farrel[ Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: 410 Regular Session, November 3, 1980 Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub- mitring Transmitte] of Bus Maintenance Facility Feasibility Study, 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~ Printed Council Proceedings for the month of May and June, 1980, presented for approval Council Member Felderman moved that the proceedings be approved as printed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. October 20, t980 Honorable Mayor and Members of the City Council Dubuque. Iowa Dear C~uncil Members: In accordance with the provisions of Chapter 400 of the Code of Iowa, 1979, the. Civil Service Commission conducted Promouona] Examinations on September 24th and 25th, 1980 for members of the Fire Department. The following members of the Fire De- partment have passed the written promo- tional examinations with an average of seventy percent ff0°/o] or better. FIRE EQUIPMENT OPERATOR Theis, Terrance -- 75°/o ASSISTANT CHiEF/TRAINING OFFICER Miller. Wm. T. - 86% Miller. lames C. - 78% Cherricr, Wm. E. -- 71% Link, Lyle R. - 71% Andresen- James - 70% Potter. Frank B. -- 70% Udelhofen, Gerald L. - 70% There were no individuals with a pass- lng grade for the Lieutenant Inspector position. Respectfully submitted. Dolores A. Relble Chairperson Ann Smith John E. Hess Civil Service Commission ATTEST: Mary A. Davis Secretary Council Member Felderman moved that the communication be received and filed and made a matter of record. Seconded by Council Member Pratt. Car ried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Manager sub- mitting monthly reports lot month of Sept. 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, King, Pratt. Nays-None. Proof of publication, certified to by the Publisher, of List of Receipts and Expen~ ditures for the month of September, 1980, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farroll, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Teleprompter Cor- poration submitting copy of registration Statemen~ as sent to the F.C.C., present- ed and read. Council Member Felderman moved thai the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem. bets Brady, Folderman. King, Pratt. Nays-None. MINUTES SUBMITTED -- Cable TV Commmsion of 10-7; Community Develop- ment Comm. of 10-14: Historic Preserva- tion of 10-8: Housing Code Advisory & Appeals Board of 10-8: Recreation Com- mission of 9-16 and 10-16; Transit Board of 10-9; Operating Earnings Statement for Transit for month of S~ptember; Housing Comm. of 10-21: Civil Service Comm. of 10-21: Housing Comm. Appeals Board of 9-10 and 10-21, presented and read. Council Member Felderman moved that the minutes be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: '~ Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. NOTICES OF CLAIMS AND SUITS: Robert Fitzgerald in nnknownamt, for car damages: Herbert Honey in est. amt. of $283.77 for motorcycle damages: David J. Munz in amt. of $7.500 for false arrest: Terrance L. Shaffer by Attorney Bitter in amt. of $10.000 for false arrest: Roger E. Simon by Attorney Bitter. $5.000 for false arrest: Stolla Barrett rs. City of Du- buque, in unknown amt. for personal in- jury; Dubuque Savings and Loan Associ- ation vs. Thomas L. Carnet et al to mod~ Regular Session, November 3, 1980 411 ify summary judgment and decree of foreclosure of mortgage; Rosalie T. Flood vs. Board of Library Trustees et al sub- mitring brief in support of request for is- suance of Writ of Certiorari; presented and read. Council Member Folderman moved that the claims and suits be referred to 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, Communication of Corporation Counsel recommending settlement of personal injury of Sister Mary Franclne Gould in amt. of $162.50, and communlca- tion of Corporation Counsel recommend- ing settlement in amt. of $300.00 to John J. Watsh for car damages, presented and read. Council Member Felderman moved that the communications be received and filed and settlements approved and City Auditor directed to issue proper war- rants. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldorman, King, Pratt. Nays-None, Communication of Corporation Coun- scl advising of settlement of matters of Mechanical Systems, Inc. vs. City and J,P. Cufien et al at no cost to the City, pre- sentod and read. Council Member Folderman moved that the communication be received am filed and settlement approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farretl, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of Corporation Coun- scl recommending denial of property damage claim by Randy Duehr, present- ed and read, Council Member Felderman moved that the communication be received and filed and denial approved. Seconded by Council Member Pratt. Carried by the fo flowing vote: Yeas-Mayor Farrell, Council Mem- bets Brady, Felderman, King, Pratt. Nays-None. REFUNDS REQUESTED: Marie Becket, $50, on unexpired Cigarette Li- cense; Holy Trinity Church, $225.00 on unexpired Beer Permit, presented and read: Council Member Felderman moved that the refund requests be granted and City Auditor be directed to issue proper warrants. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farreil, Council Mem- bers Brady, Feldermafl, King, Pratt. Nays-None. Communication of City Development Board advising of dismissal of the volun- tary annexation petition submitting by the City of Sageville, presented and read. Council Member Felderman 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. Carl Burbach, 2409 LaVista Court, stated he would not be able to be in atten- dance the night of the Public Hearing on the Bell St. Storm Sewer Project, and wished to express verbal objection to the project. There being no further business, Coun- cil Member Felderman moved to adjourn. Seconded by Cmmcil Member Pratt. Car tied by the following vote: Yeas-Mayor Farroll, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Mary A, Davis City Clerk Approved ........................................... 1981 Adopted ............................................. 1981 Council Members ATTEST: City Clerk 412 Special Session. November 17. 1980 CITY COUNCIL OFFICIAL Special Session, November 1 ?, 1980, Council met at 7:30 P.M. [C,S.T.) Present-Mayor Farrell, Council Mere* bars Brady, Felderman. King, Pratt, City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Mayor Farrell read the call and stated that service thereof had been duly made and this is a SPECIAL SESSION of tbe City Council for the purpose to consider a Resolution relating ~o the holding of a Public Rearing and approving proceed- ing with the issuance and sale of not to ex- ceed $1,000,000 aggregate principal amount of industrial development reve- nue bonds -Inland Molasses Company Project) of the City of Dubuque, Iowa. and acting upon such other business as may come before the Council. PROCLAMATION: November 23-30. 1980 as "Bible Week." so proclaimed by Mayor Farrell. Proof of publication, certified to by the Publisher. of Notice of Public Hearing for Urban Revitalization Plan for Jackson Park, presented and read. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady~ Felderman, King, Pratt. Nays-None. Affidavit of Community Development Director certifying notices by ordinary mail to all known property owners and ~enants within area described have been sent. presented and read. Council Member Fe]derman moved that the affidavit be received and filed. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager advis- ing of two amendments to proposed revi- talization plan for Jackson Park. pre- sented and read. CounciI Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrell. Council Mem. bens Brady, Felderman. King, Pratt, Nays-None. Communication of Calvin Koecke et ux acknowledging receipt of information re- garding Revitalization Plan for Jackson Park. presented and read Council Member Felderman moved that the communication be received and Bled. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady. Felderman. King, Pratt. Nays-None, Communication of the Community Life Committee of the St. Patrick's Parish Council submitting comments regarding Jackson Park Area Revitalization Pro- posal, presented and read CounciI 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 establishing the Jackson Park Urban Revitali'zation Area. pre- sented and read Council Member Feiderman moved that the reading just had be the first reading of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady. Felderman. King, Pratt. Nays-None. Proof of publication~ of Notice of Pub ic Hearing on intention to issue Industrial Developmen~ Revenue Bonds ~[nland Molasses Co. Projectl in amt. of St.000.000, presented and read No written objections were received prior to public hearing. Council Member King moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vo~e: Yeas-Mayor Farrell. Council Mem- bers Felderman. King. Pratt. Nays-Councfl Member Brady. RESOLUTION NO. 332-80 Resolutiorr Relafing to the Holding of a Public Hearing and Approving Pro. ceeding with the Issuance and Sale of Not to Exceed $1.000.000 Aggregate Principal Amount of Industrial Devel. opment Revenue 5onds (Inland Mo. lasses Company Project), of the City of Dubuque, Iowa. WHEREAS. the City of Dubuque, a political subdivision of the State of Iowa (the "City"). is authorized by Chapter 419 of the Iowa Code. as amended (the "Act"). to issue revenue bonds for the purpose of defraying the cost of acquiring, con- structing, improving and equipping land. buildings and improvements suitable for use in driving, processing, storing and distributing agricultural manufactured, processed and related products, and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agree- merit, ko Inland Molasses Company, an Iowa corporation (hereinafter referred to as the "Company"), to be used for the Special Session. November 17, 1980 413 aforesaid purposes: and WHEREAS. the City has determined there is a public need in the City and its surrounding environs for improved and expanded industrial facilities as proposed by the Company: and WHEREAS, a notice of hearing on the proposal to issue not to exceed SL000.000 aggregate principal amount of Industrial Development Revenue Bonds (Inland Molasses Company Project). of the City of Dubuque. Iowa. bas been published as required by law; and WHEREAS. a public hearing has been held at the time and place as specified in said notice of hearing and any and all ob- jections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Dubuque. Iowa. that said Bonds be issued as proposed: and NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: SecBon 1. That it is hereby deter- mined that it is necessary and advisable that the City proceed with the issuance of its Industrial Development Revenue Bonds IInland Molasses Company Pro- ject) (hereinafter referred to as the "Bonds"). in an amount, not to exceed SL000,000. as authorized and permitted by the Act, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council. pursuant to published notice, all persons who ap- peared were given an opportunity to ex- press their views for or against the pro- posal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds. are hereby overruled. Section 3. That this Council shall pro- ceed with the necessary precedings relat. lng to the issuance of said Bonds upon rea- sonable advance notice from the Com- pany that satisfactory financing ~erms have been agreed upon with the proposed purchasers and the required documenta- tion has been prepared by Bond Counsel. and approved by all other parties, in- eluding the City Attorney of said City, SuuBon 4. That said Bonds. if issued. and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Dubuque. Iowa. within the mean- ing of any state constitutional provision, or statutory limitation, and shall not con- stitute nor give rise to a pecuniary liabil- ity of said City of Dubuque. Iowa. or a charge against its general credit or csx- lng powers. Section 5. All Resolutions and Orders or par~s thereof, in conflict herewith are. to the extent of such conflict, hereby re- pealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 17th day of November, 1980, City of Dubuque. Iowa Carolyn Farrell. Mayor (Seall ATTEST: Mary A. Davis City Clerk Council Member King moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following Yeas-Mayor Farrell. Council Mem- bets Felderman. King. Pratt. Nays-Council Member Brady. Proof of publication, certified to by the Publisher. of Notice of Public Hearing to amend Zoning Ordinance by reclassifying portion of property in Clin-Que Addn. from C-3 Arterial Business Commercial District to U-7 General Service & Whole- sale Commercial District Classification. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at ~he time set for the hearing. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Felderman, Pratt, Nays-Council Member Brady. Abstain-Council Member King. ORDINANCE NO. 67-80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THAT TH E CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA BE AMENDED BY RE. VISING APPENDIX A THEREOF. ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE. IOWA" BY RE. CLASSIFYING CERTIFIED DESCRIB. ED PROPERTY FROM C-3 ARTERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION TO C-7 GENERAL SERVICE AND WHOLESALE COM- MERCIAL DISTRICT CLASSIFICA- TION, said Ordinance having been previ ously presented and read at the Councl] Meeting of October 20. 1980. presented for final adoption, ORDINANCE NO. 67.80 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE. IOWA BE AMENDED BY RE- VISING APPENDIX A TH EREOF, ALSO 414 Special Session, November t7. 1980 KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, OWA" BY RE- CLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY FROM C-3 AR- TERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION TO Ch7 GENERAL SERVICE AND WHOLE. SALE COMMERCIAL DISTRICT CLAS- SIFICATION. 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 b?* revisin# Appendix A there~ of, also known as "Zoning Ordinance a~l Zoning Map Dj the City o! Dubuque, lowc~ to reclca~sify hereinafter describ- ed property ]~om "C-3 Arterial Business Commercial District" Classification to "C-? General Service and Wholesale Commercial District" classv~catio~ ~o wit: Lot I Lot I qf Lot l of Clin. Que lnc Addition and Lot 1 o] Lot 1 of Lot 2 of Lot 1 of Lot I of Clin-Que Inc. Addition ~n the City of Dubuque, Dubuqu~ County, Iowa. Section 2. That th( Jbregoing amend- ment has heretofore been approved by the Planning and Zoninq Commission o] the City of Dubuque, Iowa Passe~L adoptett and approved this 1?th day o] November. 1980. Carolyn Farrell Mayor Michael W. P~ttt Nc written objections were filed and no oral objecmrs were present in the Council Chamber al the time set for the hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Felder- man. Carried by ~he following vD;e: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King. Pratt. Nays-None, Proof of publication, certified to by the Publisher, of Notice of Pendency of Reso- lution of Necessity for Public Improve- ments and Hearing for cons;ruction of Bell Street Storln Sewer, presented and read. Council Member King moved that the ~roof of publication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vo~e: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Brady moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Felder- man. Carried by the following vD;e: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Carl Burbach, of 2409 LaVista Court. voiced objection to the project, stating that this project is se~tmg a precedent and yet there is no money for other pro. (Necessity for Improvements) RESOLUTION NO. 326.80 WHEREAS, proposed plans, specifica~ tions, and form of contract have been duly prepared and approved by the City Coun- cil of the City of Dubuque. Iowa. and are now on file in the office of the City Clerk showing among other things the follow- Ill The plan of such improvemen~ 12] An estm~a~e of the cost of the im the Bell Street Storm Sewer. BE IT THEREFORE RESOLVED ~hat the City Council deems it advisable and necessary for the public welfare ~o make the herein mentioned improve men~. and unless interested persons a~ the time of the final consideration of this proposed resolution have on file with the City Clerk. objections ~o the proposed plans, specifications, con~rac~ or esti- mated cost of the iinprovemenr, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be consu'ucted and done in accordance with the plans and ~ specifications which have been approved by the City Council and are now on file Special Session, November 17, 1980 with the City Clerk. That the cost and ex- pense of making said improvement will be paid from the Community Develop- ment Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 3rd day of November, 1980~ RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W~ Pratt John L; Feiderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King 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. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 333.80 WHEREAS, proposed plans and speci- fications and form of contract for the Con- struction of the Bell Street Storm Sewer have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1979, pertaining to public contracts and bonds, and the time and place fixed fro' ~he hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements said time being this 17th day of Novem- bet, 1980; and WHEREAS, the City Council met in special session this 17th day of Novem- her, 1980, at 7:30 o'clock P.M. at the Coun- cfi Chambers in the City Hall for the put- pose of hearing all interested parties and considering any and all objections which have been filed to be proposed plans, spe- cifications or contract for or cost of the improvement herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW THEREFORE BE IT RESOLv- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That all objections which have been made and filed to the plans, specifica- 415 tions, contract for or cost of said improve- ment herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. B~ IT FURTHER RESOLVED that ;his resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica~ tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member King 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. (Ordering Construction) RESOLUTION NO. 334-80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU QUE that pursuant to a Resolution of Ne- cessity No. 326-80 which was duly passed by this Council for the Construction of the Bell Street Storm Sewer, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property own- ers. All the work shall be constructed in gccordance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improve~ ment be paid from the Community Devel- opment Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk 416 Special Session. November 17. 1980 Council Member King moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by ~he following Yeas-Mayor Farrell. Council Mem- bers Brady. Felderman. King, Pratt. Nays-None. An Ordinance Amending Chapter 30 of the Code of Ordinances and enacting a new Chapter 30 in lieu thereof pertaining ~o revising and re-enacting a Plumbing Code for the City of Dubuque, said Ordi- nance having been previously presented and read at the Council Meeting of No~ vember 3. 1980, presented and read. Council Member Felderman moved that the reading just had be considered the second reading of the Ordinance. Seconded by Council Member Pratt. Car- ried by the following vole: Yeas~Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Dubuque indepen dent Homebuilders Association request- ing to adopt Plumbing Code as proposed, presented and read. Ken Lange, President of Dubuque In~ dependent Homebuilders Association. spoke to the communication. Council Member Felderman moved thai the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vole: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Corporation Coun- sel pertaining so Paraphernalia Ordi- nance, presented and read Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell. Council Mom bors Brady, Felderman. King. Nays-None. Abstain-Council Member Pratt. An Ordinance providing to amend thc Code of Ordinances by instituting a new Article in Chapter 26. said Article to be numbered Article VIII -- with intent to use or deliver Drug Paraphernalia, prohi- biting the use. delivery or possession with intent to use or deliver drug para- phernalia or the advertisement of Drug Paraphernalia, presented and read. Council Member Felderman moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the followin~ vo~e: Yeas-Mayor Farrell. Council Mom bors Brady, Felderman King. Nays~None. Abstain-Council Member Pratt. Bill Hesse. as a teacher and concerned citizen, stressed that this Ordinance is not a total solution to the drug problem in Dubuque. but at least is a first step, also that if we continue ~o allow the sale of drug paraphernalia that it lends a stamp of respectability to it. Tom Graham. i710 Sarah, presented a roach clip, purchased a; a downtown store by a 15 year old. where it was definitely stated that no one under 18 could buy same. thereby stressing thc need for surveillance in this matter. Rory Priebe. speaking as a former drug user. stressed that this is a step m curbing drug traffic. John Klauer, 1927 University, was of the opinion that this Ordinance will get certain materials out of the stores. cause of a problem with the definition of same, and also that education and control of this matter should be provided by par- cuts and schools. Communication of John Walsh. of Du- buque Savings & Loan. requesting con- sideration for issuance of Industrial De- velopment Revenue Ponds in amt. no; ;o exceed $430,000. presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Folder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. RESOLUTION NO. 335.80 A Resolution Authorizing the Execu- tion of a Memorandum of Agreement with Kivlahan Construction Co.. Inc. WHEREAS. the City of Dubuque, Iowa, in the County of Dubuque. State of Iowa (the "Issuer" ~s an incorporated municipality authorized and empowered by the prov~sions of Chapter 419 of the Code of Iowa. [979. as amended (the "Act") including Chapter 84 of the Laws of the 68th Iowa General Assembly, 1979 S~sion. ("Chapter 84" to issue revenue bonds or notes for the purpose of financ- ing the cost of acquiring, by construction or purchase land. buildings, improve- men~s and equipment, or any mterest therein, suitable for the use of any com- mercial enterprise or non-profit orgamza- tion which this Council finds is consistent with a proposed revitalization plan for a revitalization area which may be desig~ hated as such by the City; and WEEREAS. ~he Issuer is considering a proposal to designate a certain area which the City as a revitalization area atnd adopt a revitalization plan for such area. all in conformity with the provisions of Chapter 84: and WHEREAS. the Issuer has been re- quested by Kivlahan Construction Co.. Special Session, November 17, 1980 417 Inc. (the "Company") to issue its revenue bonds pursuant to the Act for the pur- pose of financing the acquisition by con- struction or purchase of land, buildings, equipment and improvements suitable for use as a multi-family residential rental facility (the "Project") if the area is desig- nated as a revitalization area; and WHEREAS, a Memorandum of Agree~ merit in the form and with the contents set forth in Exhibit A attached hereto has been presented to the Issuer under the terms of which the Issuer agrees, sub- ject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW THEREFORE BE IT RESOLV- ED BY TIlE CITY COUNCIL OF THE ISSUE, AS FOLLOWS: Section 1. The Memorandum of Agreement in the form and with the eon- tents set forth in Exhibit A attached hereto be and the same is hereby ap- proved and the Mayor is hereby author- ized to execute said Memorandum of Agreement and the Clerk is hereby au- thorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which con- stitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Se~Pon 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memoran- dum of Agreement. Seoflon 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such con- flier. Passed and approved this 17th day of November, 1980. Carolyn Farrell Mayor ATTEST: Mary A. Davis City Clerk (Seal) EXHIRIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREE- MENT is between the City of Dubuque, iowa, (the "Issuer") and Kivlahan Con~ struction Co., Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: ia) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act"), including Chapter 84 of the laws of the 68th Iowa General Assembly, 1979 Session ("Chapter 84") to issue rove- hue bonds or notes for the purpose of fi- nancing the cost of acquiring, by con- struction or purchase, land, buildings, im- provements and equipment, or any inter- est therein, suitable for the use of any commercial enterprise or non-profit or~ ganization which this Council finds is con- sistent with a proposed revitalization plan for a revitalization area which may be designated as such by th~ City. (b) The Company wishes to obtain sat- isfactory assurance from the Issuer th&t subject to public hearing required by the Act, such bonds will be issued by the Issuer and available to finance the costs of the acquisition by construction or put chase of land, buildings, equipment and improvements suitable for use as a multi- family residential rental facility (the "Project"), which costs are presently es- timated to be in an aggregate principal amount not to exceed $430,000. (c) The Issuer considers that the acqui- sition and construction of the Project and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens and secure the public pur- poses set forth in Chapter 84. 2, Undertakings on the Part of the Is- suer. ia) The Issuer is considering a proposal to establish a revitalization area and adopt a revitalization plan in accordance with Chapter 84 to aid in the financing of the Project. lb) Subject to due compliance with all requirements of law, including the provi slons of and the pubIic hearing required by the Act, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issu- ance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemp- tion premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. ia) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issu ance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the prin- cipal of and interest and redemption pre- mium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. ia) All commitments on the part of thc Issuer and the Company herein are sub- ject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the 418 Special Session. November 17. 1980 Issuer and thc Company shall have agreed to mutually acceptable terms re lating to the issuance and sale of such bonds. (b) The Company agrees that it will re- imburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at its reques~ arising from the execution of this Agree- ment and the performance by the Issuer of its obligation hereunder. Ic~ All commitments of the Issuer here- under are further subject Go the condi- tions thai the Issuer shall in no event in- cur any liability for any acs or omisswn hereunder, and that such bonds describ- ed herein shall not constitute an indebt. edness of the Issuer within the meaning of any constitutional or statutory provi- sion and shall not constitute nor give rise ~o a pecuniary liability of the Issuer or a charge against its general credit or tax- ing powers. Dated this 17th day of November. 1980. Dubuque. Iowa By: Carolyn Farrell ATTEST: Mayor Mary A. Davis City Clerk (Seal) Kivlahan Construction Co., Inc. By: John L. Kivlahan Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Felderman. Carried by the Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub~ mitring Ordinance to con,roi the use of Bicycles. Roller Skates. Skateboards. Wagons and Similar Recreational Equip Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder man. Carried by the following vote: Yeas-Mayor Farrell. Council Mere bers Brady, King, Pratt. Nays-Council Member Felderman. ORDINANCE NO. 68.80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SECTION 25-245 TO ARTICLE VII OF CHAPTER 25 THEREOF GOVERNING AND CONTROLLING USE OF CER- TAIN VEHICLES, CONVEYANCES AND RECREATIONAL EQUIPMENT ON TOWN CLOCK PLAZA, IN MUNICI- PAL PARKING GARAGES AND PARK- lNG LOTS AND ELSEWHERE IN THE CITY OF DUBUQUE. IOWA. presented and read. Council Member Pratt moved that the reading just had be considered thc first reading of the Ordinance. Seconded by Council Member Felderman. Carried hy the following vote: Yeas*Mayor Farrell. Council Mem- bers Brady, King, Pratt. Nays-Council Member Felderman. 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 dis- pensed with. Seconded by Council Mem- ber Felderman. Carried by the following Yeas-Mayor Farrell, Council Mem. bens Brady, King, Pratt. Nays-Council Member Felderman. ORDINANCE NO. 68-80 AN ORDINANCE OF THE CITY OF DU- BUQUE. IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA, BY ADDING A NEW SECTION 25.245 TO ARTICLE VII OF CHAPTER 25 THEREOF GOVERNING AND CONTROLLING USE OF CER. TAIN VEHICLES. CONVEYANCES AND RECREATIONAL EQUIPMENT ON TOWN CLOCK PLAZA, IN MUNI- CIPAL PARKING GARAGES AND PARKING LOTS AND ELSEWHERE IN THE CITY OF DUBUQUE. IOWA. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1 That the Code of Ordi- nances of the City of Dubuque. lowe~ be and the same is hereby amended b~ add- ing a new Section 25.245 of Article VII of Chapter 25 thereof as follows: "CHAPTER 2,5. ARTICLE VIZ Sec. 25-245. (a) No person shall be upon and make use el roller skate~, skateboards, bi- cycles, o7 other wheeled recreational bicles, or conveyances within the area of the'~own Clock Plaza or within any mu- nicipal parking garage or municipal park- lng lot. This provision shall not apply to use of a wheelchair or other similar conveyance when used for transportation by any tem- porarily or permanently handicapped persow or to a wagon being pulled by a pedestrian at a walking speed, (b) No person shall use roller skates, skateboards, wagons, or other wheeled or non-motorized recreational vehicles. with the exception of bicycles, upon the roadway portion of any riyht of way, ex. cept that a person may use any of the above proscribed conveyances in any marked or unmarked crosswalk. A ny person using any of the ab eve pro- scribed conveyances ~n crossing a road- way at a place other than a ma*'ked or un- Special Session, November 17, 1980 419 marked crosswalk shall be subject to the requirements set forth in Section 25-~38 of this Chapter. (c) The provisions of this Section shall not apply to the above proscribed conveyances when used in any parade, exhibition, or gathering of perso?~s which has been authorized by permit from the City Manager. ' Passe& adopted, and approved this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 21st day of No- vembe?; 1980. Mary A. Davis City Clerk It 11/~1 Council Member Brady moved final adoption of the Ordinance as amended. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of City Mgr. providing report on downtown parking for motor- cycles and mopeds, presented and read. Council Member Felderman moved that the communication be received and filed and approved per recommendation to spend $500. Seconded by Couneff Mem- ber Brady. Carried by the fo]lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager sub: mitring progress report on George Con- nelly property located at 17~0 Miller Road, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Feldarman, King, Pratt. Nays-None. Communication of City Manager questing authorization to enter into an Engineering Services Agreement with Cullen, Kilby~ Carolyn and Associates for design and inspection services for a one million gallon elevated water storage fa- cility, presented and read, Council Member Felderman moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 336.80 Authorizing the City Manager to Exe- cute an Engineering Services Agree- meut for Executing a Contract for De- sign of a One Million Gallon Water Storage Tank. WHEREAS. additional water storage is necessary in the Dubuque water sys- tem for service, residential, commercial, industrial and fire needs; and WHEREAS, it is essential that storage be provided in the proximity of the Rad- ford Industrial Center for fire protection and Industrial supply; and WHREAS, analysis of the water sys- tem reveals that a one million gallon stor- age tank will adequately serve the pre- sent and future growth needs on the west side of Dubuque; and WHEREAS, the storage tank will be constructed on property recently pur- chased by the City, located on the south side on Pennsylvania Avenue, east ol Radford Road; and WHEREAS, $750,000 was appropriat ed in FYS0 CIP budget for the construc tion of this facility. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Manager be au- thorized to execute an Engineering Ser- vices Agreement with Cullen, Kilby, Carolan & Associates, P.C., for design and construction inspection services; the cost of the design services to be $13,800, and the cost of the construction inspec- tion services to be $3,500, for a total con- tract cost of $17,300. Passed, adopted, and approved this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- questing acceptance of resolution provid- lng for City's acceptance of the Warranty Deed for parcel of property acquired for the John F. Kennedy Road Widening Pro- 420 jeer, 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, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 337-80 WHEREAS, The City of Dubuque, Iowa. has acquired the real estate here- inafter described from Woodland Arms, Inc.: and WHEREAS, said persons have deliw ered a Warranty Deed conveying real estate ~o the City of Dubuque. Iowa, de- scribed as Lot 2 of Lot 1 of Block 4 of Westchester Subdivision in the City of Dubuque, as shown on the attached plat Exhibit "A"; and WHEREAS, said delivery of deed dated October 21,1980, by said persons to the City of Dubuque. Iowa, should be ac~ cepted: NOW THEREFORE BE IT HESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the delivery of War- runty Deed by Woodland Arms. Inc.. dated October 21, 1980, conveying to the City of Dubuque, Iowa. the hereinabove described real estate be and the same ~s hereby accepted. Section 2, That the City Clerk be and is hereby authorized and directed ~o cause said Warranty Deed to be recorded m the Office of the Dubuque County Re. corder together with certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a certified copy of this Resolution Lo the Dubuque City Assessor and the Dubuque County Auditor. Passed. adopted, and approved this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Councd Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member King~ Carried by the following Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- questing adoption of Resolution approv- lng the proposed design of the North- Special Session. November 17, 1980 West Arterial from U.S. 20 to Pennsyl- vania Ave,; forwarding recommendation ~o the Iowa DOT and the Federal High- way Admin. for their concurrence; and di- recting Engineering firm to proceed with final design after approval by the Iowa DOT and Federal Highway Administra- tion, presented and read. Council Member Felderman moved that tee communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 338-80 Approving Proposed Design of the Morth-West Arterial. Phase I (U.S. 20-Dodge Street to Pennsylvania Ave- nun). WHEREAS, a cormdor location Public Hearing was held on the North-West Ar- terial on Jaly 14, 1978; and WHEREAS, a contract with Brice- Peteides and Associates for design of Phase I of the North-West Arterial from U.S. 20 to Pennsylvania Avenue was au- thorized by the City Council on January 22. 1980; and WHEREAS, the construction of the North-West Arterial from U.S. Highway 20 to Pennsylvania Avenue is an integral element in the development of the Rad- ford Industrial Park: and WHEREAS, Brme-Petrides and Asso- ciates submitted to the City, a proposed design of the facility, this design identi- Iied as "Plans of the Proposed Improve- men; of the Federal Aid Urban Sys;em, Dubuque Cotmty, North-West Arterial, Phase I, Grading P.C.C. Paving" dated October 9, 1980: and WHEREAS, the City Council on .~.ugust 4, 1980, adopted a Resolution No. 248-80, which provided for the opportu- nity for a Public Hearing on the proposed design of Phase I of the North-West Arte- rial: and WHEREAS, there were reques;s for a Public Hearing on the proposed design as submitted by Brice-Petrides and Associ- ates to the City of Dubuque on Phase I of thc North-West Arterial; and WHEREAS, the Public Hearing on this proposed desigr was held on October 13.1980. a; the Five Flags Civic Cen~er a~ which meeting, the public was given the opportunity to make oral and submit written sta;ements and also the public was g~ven an opportunity to submit writ- ten statements ;eh days subsequent ;o the hearing: and WHEREAS, a transcript of the Public Hearing and written s;a~emen~s have been preparcd and a copy is available for public review at the City Clerk's office: Special Session, November NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed design plans dated Oeteber 9, 1980, which were presented at the Public Hearing for pub- lic comments for design for Phase I of the North-West Arterial and design study report of this proposed design be ap- proved. Seeflo~l 2. That the City Clerk for- ward a copy of this resolution to the Iowa Department of Transportation and the Federal Highway Administration and re- questing their approval of the proposed plans for this facility. Seetlo~ 3. That on receipt of approval by the Iowa Department of Transporta- tion and the Federal Highway Adminis- tration, Brice, Petrides and Associates be instructed to proceed with final design in accordance with the proposed design dated October 9, 1980, and described in the design study report. Passed, adopted, and approved this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Manager re- questing authorization to enter into agreement with the Durrant Group, Inc. for technical assistance in the implemew teflon of a combined police/fire emergen- cy communication center, presented and read. Council Member Felderman moved that the communication be received and filed and approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- hers Brady, Felderman, King, Pratt. Nays-None. Communication of City Mgr. transmit- ting new Housing Code, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: 17, i980 421 Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays:None. An Ordinance Repealing Chapter 20, Code of Ordinances, and enacting a new Chapter 20, in lieu thereof, providing for Housing Code, presented and read: Council Member Pratt moved that the reading just had be considered the first reading of the'Ordinance, and that a Public Hearing be set for Dec. 22 and that the Clerk publish notice as required by law. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem bets Brady, Felderman, King, Pratt. Nays-None. An Ordinance Providing Schedule of Fees for licensing rental housing, pre- sented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance, and that a Public Hearing be set for Dec. 22 and that the Clerk publish notice as required by law. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of P & Z approving ~lats of Subdivision of Lot 2 of i of M.L. 494 in Table Mound Twp. and of Subdi- vision of Lot I of 2 of 1 of"Colonial Place" and Jaeger Heights Subd. No. 2," pre- sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem bets Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 339-80 ;~esolution Approving the Plat of the Subdivision of Lot 2 of Lot I of Mineral Lot 494 in the Northwest One-Quarter, Section 1, Township 88 North, Range 2 East of the 5th Principal Meridian, Be- lng In Table Mound Township, Dubu- que County, Iowa, Now in the City of Dubuque, Iowa, and of the Subdivision of Lot 1 of Lot 2 of Lot I of "Colonial Place" in Table Mound Township, Du- buque County, Iowa, Now in the City of Dubuque, ,iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lot 2 of Lot 1 of Mineral Lot 494 in thc northwest one-quarter, Section 1, Town- ship 88 North, Range 2 East of the 5th Principal Meridian beingin Table Mound Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa, and of thc Subdivision of Lot 1 of Lot 2 of Lot I of "Colonial Place" in Table Mound Town~ 422 Special Session, November [7. 1980 ship, Dubuque County. Iowa~ now in the City of Dubuque. Iowa: and WHEREAS. said plat has been exam. ined by the City Planning and Zoning Commission and they find that the same conforms to the statutes rind ordinances relating thereto, except that the pro- posed Lot 2 of the Subdivision of Lot 2 of Lot I of ML 494 does not meet the re- quirement of street frontage and there- fore does not constitute a separate build- able site: and WHEREAS. said plat has been ap proved by the City Planning and Zoning Commission on the condition that the pro. posed Lot 2 of the Subdivision of Lot 2 of Lot 1 of ML 494 be restricted as a non- buildable lot: and WHEREAS. said plat has been exam- [ned by the City Council and they find the same conforms to the statutes and ordi- nances relating thereto, except that the proposed Lot 2 of the Subdivision of Lot 2 of Lot 1 of ML 494 does not meet the re- quirement of street frontage and there- fore does not constitute a separate build- able site: and WHEREAS, the City Council concurs on the condition of approval established by the City Planning and Zoning Commis- sion: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Buntion 1. That the above-described plat be and the same is hereby approved and the Mayor and City Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Dubuque upon said plat. provided that the owner of said property shall execute a written ac- ceptance hereto attached, acknowledging and agreeing: a~ That Lot 2 of the Subdivision of Lot 2 of Lot I Subdivision of Lot of Min- eral Lot 494 be restricted as a non- buildable lot. Section 2. That in the event the own- ers of said property shall fail to execute the acceptance provided for in Section 1 herein within for ty4ive (45) days after the date of this resolution, the provision here- by shall be null and void and the approval of the plat shall not be effective Passed. adopted, and approved this 17th day of November. 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt, Nays~None. ACCEPTANCE OF RESOLUTION NO. 339-80 We. the undersigned Louis J. Jaeger and Rite M. Jaeger. and Thomas Francois and Patricia A. Francois having read the terms and conditions of the foregmng resolution 339-80. and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein, Dated in Dubuque. Iowa, this 2nd day of January, 1981. Louis J. Jaeger Rita M. Jaeger Thomas Francois Patricia A. Francois RESOLUTION NO. 340.80 Resolution Approving the Plat of "Jaeger Heights Subdivision No. 2" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat of "Jaeger Heights Subdivision No. 2" in the City of Dubu- que. Iowa: and WHEREAS upon said plai appear streets to be known as Jaeger Drive and Kathy Drive together with certain public utility easements which the owners of said plat have dedicated to the public forever: and WHEREAS. said plat has been exam- ined by the City Planning and Zoning Commission and had its approval endors- ed thereon: and WHEREAS said plat has been exam- ined by the City Council and they find that Re same conforms to statutes and ordinances relating thereto: except that drive grades have not been established. the drive brought to grade, or paving, water lines, sanitary sewers or storm sewers installed NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thai the dedications of Jaeger Drive and Kathy Drive, together with the easements for public utilities as the same appear upon said plat. be and the same are hereby accepted: Section 2. That the above-described plat be and the same is hereby approved and the Mayor and City Clerkare hereby 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 written acceptance hereto attached Special Session, November 17, 1980 423 a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Jaeger Drive and Kathy Drive all in accordance with plans approved by the City Engineer; b. To install sanitary sewer mains and service laterals in accordance with plans; c. To install water mains and water service laterals in accordance with plans; d. To install storm sewers and catch- basins in accordance with plans; e. To install concrete sidewalks as re~ quired by Ordinances, and where di- rected by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with City specifica tions; g. To construct the foregoing improve- ments in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To construct said improvements, except sidewalks and street light- inn prior to 3-14~2 and to construct the sidewalks and street lighting prior to 3-1-83. i. To maintain the foregoing improve- ments for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing construe tion and maintenance at the sole expense of the subdivider Louis Jaeger and Thomas Francois, as k. To submit a detailed grading plan to be approved by the Public Works Department prior to any further grading indicating erosion control measures to be taken during instal- lation of public improvements; and I. To install a temporary turn-a- round at the end of Kathy Drive, in accordance with plans approved by the City Engineer. And of further provided that said Owner of said Subdivision; secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in ;he event the Owner of said Subdivision shall fail to ex- ecute the acceptance and furnish the se- curity provided for in Section I hereof within forty-five days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted, and approved this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 340-80 We, the undersigned Louis J. Jaeger and Rita M. Jaeger, and Thomas Francois and Patrlcia A. Francois having read the terms and conditions of the foregoing resolution 340-80, and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein. DATED IN DUBUQUE. IOWA this 2nd day of January, 1981. Louis J. Jaeger Rite M. Jaeger Thomas Francois Patricia A. Francois To: Mary A. Davis, City Clerk This is to certify that the security pro vided by the foregoing Resolution No. 340-80 has been furnished by the owners. Dated at Dubuque,Iowa this 2nd day of January, 1981. W. Kenneth Gearhart City Manager Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas-Mayor Farrell, Council Mem hers Brady, Felderman, King, Pratt. Nays None. Communication of P & Z approving plat of Subdivision of Lot 6, Block 6, in "Sherwood Park," presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Felderman, King, Pratt. Nays-Council Member Brady. RESOLUTION NO, 341.80 A Resolution Approving the Plat ut the Subdivision of Lot 6, Block 6, in "Sher- wood Park" in Section 10, Dubuque Township, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Suhdivlsion of Lot 6, Block 6, in "Sherwood Park" in Sec~ tion 10, Dubuque Township, Dubuque County, Iowa; and WHEREAS, said plat has been exam~ ined by the City Planning and Zoning Commission and had its approval en 424 Special Session, dorsed thereon, and WHEREAS. said plat has been exam- ined by the City Council. and the Cir~y Council finds that the same conforms to statutes and ordinances relating thereto. NOW THEREFORE BE IT RESOLV. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectio~ 1.That the plat of the Subdivi- sion of Lot 6. Block 6. in "Sherwood Park" in Section 10, Dubuque Township, Dubu- que County, Iowa. be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized ~nd di~ rected to endorse the approval of the City of Dubuque, Iowa, upon sa~d plat. Passed. adopted, and approved this 17th day of November. 1980. Carolyn Farrell Mayor D. Michael King Michael W~ Pratt John L. Felderman Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Felderman. Carried by the fo]- lowing vote: Yeas-Mayor FarrelL Council Mem- bers Felderman. King, Pratt. Nays-Council Member Brady. Rex Reynolds. Chairman of the TV Cable Commission. presented a verbal progress repor~ on the new Cable TV Franchise, stating that drafts of the iran- chise will be made available to the Coun- cil as soon as possible. Communication of Charles Egelhof ad- vising he is not available for another term on the Dock Board, presented and read. Council Member Felderman moved that the communication be received and filed and accepted with regret. Seconded by Council Member Pratt. Carried by the following vo~e: Yeas-Mayor Farrel] Council Mem- bers Brady, Felderman. King. Pratt. Nays-None. Council Member King nominated Rob eft Bush for the Mechanical Board for an unexpired three year term to expire 3-16-83. Vote on the motion was as fei- Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt, Nays-None. Council Member Felderman nominat- ed Bruce Halverson to the Mechanical Board, for an unexpired three year ~erm ~o expire 3-16-83. Vote on the motion was as fo0ows: Yeas-Mayor Farrell. Council Mem- bers Brady, Fe]derman. King, Pratt. Nays-None. November 17. 1980 Council Member Pratt moved that John Cody, Edna Thompson, and Richard Vorwald be reappointed to the Commu nity Development Commission for a three year ~erm explrmg 11~8.33. Second- ed by Council Member Brady. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady. Felderman. King, Pratt. Nays-None Council Member Brady nominated Vic- tor Grice for a three year ~erm on the Dock Commission. Council Member Fe]derman nominat- ed Paul Frommelt for a three year ~erm on the Dock Commission. Council Member King nominated Rob- ert D. McDonald for a three year term on the Dock Commission. Vote on the nominates was as follows: Grice: Yeas-Council Member Brady. Frommelt: Yeas-Councll Member Felder- man, Pratt. King; McDonald: Yeas-None. Paul Frommelr therefore was ap- pointed re the Dock Comm~ssior.. for a three year term to expire 11-26.33 Council Member Pratt nominated Rev. James Ray for an unexpired 3 year term on the Human Rights Commissmn ~o ex- pire 1-1-83. replacing Rev. Mark Pries Vote was as follows: Yeas-Mayo? Farrelh Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Council Member Pratt nominated Charles F. Cart for a 3 yr. ~erm on the Electrical Board of Appeals to expire 7-12-83. Vote was as follows: Yeas~Mayor FarrelL CounciI Mem- bers Brady, Felderman, King, Pratt. Nays-None, RESOLUTION NO. 342-80 ,_ 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 ~o the sale of Cigar- ettes within the City of Dubuque, Iowa. be granted a permit to sell Cigarettes and Cigarette Papers within said City. Revco Discount Drug Centers of Iowa. Inc. - 3049 Asbury Road. Passed. adopted, and approved this 17th day of November. 1980. Carolyn FarrelJ Mayor James E. Brady D. Michael King Michael W. Pratl 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 Special Session, November 17, 1980 425 following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO, 342~80 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Hartig Drug Company (Also Sunday Sales) - 700 Town Clock Plaza. Hartig Drug Company (Also Sunday Sales) -- 97 Locust St, Hartig Drug Company (Also Sunday Sales) - 2255 John F. Kennedy Rd. Hartig Drug Company (Also Sunday Sales) - 2225 Central Ave. Lucky Stores, Inc. (Also Sunday Sales) - 200 South Locust St. T F M Co, Oky Doky ~6 (Also Sunday Sales) -- 1256 Iowa Street. Passed, adopted, and approved this 17th day of November, 1980. Carolyn Farre0 Mayor James E. Brady D. Michael King Michael W. Pratt 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- bers Brady, Felderman, King, Pratt. Nays-None. RESOLUTION NO. 344-80 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Town Ciock Innl Inc, -- Nesler Center 8th & Main St; M. K. C. Ltd. (Also Sunday Sales) - 815 Century Drive. Raymond Gross (Sunday Sales Only) 1700 Central Ave. Passed( adopted, and approved this 17th day of November, 1980. Carolyn Farrell Mayor James E. Brady D. Michael King Michael W. Pratt 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 Farrel], Council Mem~ hers Brady, Felderman, King, Pratt. Nays-None. MINUTES SUBMITTED: Dock Cum mission of 10-15; Park Board of 10 2 and 10-30; Five Flags Commission of 10-23; Housing Commission of 10~1; Itousing Commission Appeals Board of 9~10 and 10-21; Housing Comm. Review of 9-10; Housing Rehab. of 10~2; Historic Preser- vation of 10-28; P & Z of 11 5, presented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem bers Brady, Felderman, King, Pratt. Nays~None. Communication of Attorney Allan J. Carew, on behalf of Orlin J. Conlon et ux, requesting to vacate and purchase pro- perty described as "Lots 39-40 and Lot 2 of Lot 41 of Grandview Heights" located adjacent to 927 Victoria, presented and read. Council Member Pratt moved that the communication be received and filed and referred to City Mgr. Seconded by Coun- cil Member Felderman. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Communication of City Mgr. providing information relative to referral concern- ing petition of Jack and Gall Hancock for vacation of portion of a certain highway, presented and read. Council Member Pratt moved that the communication be received and filed. 426 Special Session, November 17. 1980 Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farrell. Council Mem- bets Brady, Fe]derman. King, Pratt, Nays-None. Communication of City County Street Name Task Force relevant so Street Name conflicts, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member IVelder- man. Carried by the following vote: Yeas-Mayor Farrell, Council Mem- bets Brady, Feiderman. King, Pratt. Nays-None. Communication of Attorney Robert M. Bertsch, for Carl J, Burbach. advising of presens status of proposed alternative methods to provide public sanitary sewer facilities ~o properties owned by Bur- bach, Hilby, Pfohl and Resurrection Church, presented and read. Council Member Pratt moved that the communication be received and filed and referred to the City Manager. Seconded by Council Member Felderman. Carried by the following rose: Yeas-Mayor Farrell. Council Mere- bers Brady, Felderman. King, Pratt. Nays~None, Communication of DubuqueFest '80 submitting copy of their Project Report, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor Farre]l. Council Mem- bers Brady, Felderman, King, Pratt. Nays-None. Notices of Claims and Suits: Rosalie T. Flood vs. Board of Library Trustees ct al submitting Resistance to Motion Lo Strike: John S. Lechnir. in amt. of $191.99 [or property damages, presented and read. Council Member Pratt moved that the claims and suits be referred ~o Corp. Counsel Russo for investigation and re- port. Seconded by Council Member Fel- derman. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of U.S. Civil Aeronau- tics Board submitting Sixty-day notice of Ozark Air Lines Inc. of suspensmr of nonstop and]or single plane service in six- [een markets under Section 401 (jl (2} of the Act, presensed and read. Council Member Pratt moved that the communication be received and filed and referred to the Airport Commission. Seconded by Council Member Felder- man. Carried by the following vote: Yeas-Mayor FarrelL Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. Communication of Acting City Asses- sor advising Appeals to District Cours against the City Board of Review were dismissed as filed by Thomas F. Leibold et al, presented and read. Council Member Pratt moved that the communication be received and filed Seconded by Council Member Felder- man. Carried by the following vote: Yeas~Mayor Farrell, Council Mem- bers Brady, Felderman. King, Pratt Nays~None. Communication m F,C.C. submitting Memorandum Opinion and Order regard- ing Special Relief for KDUB-T¥. pre- sented and read, Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felder- man. Carried by the following vole: Yeas-Mayor Farrell. Council Mem- bers Brady, Felderman. King, Pratt. Nays-None. There being no fnrther business. Coun- cil Member Feiderman moved ~o adjourn. Seconded by Council Member Pratt. Car- tied by the following vote: Yeas-Mayor Farrell. Council Mem- bers Brady. Felderh~an. King, Pratt. Nays-None. Mary A. Davis City Clerk Approved ........................................... 1981 Adopted ............................................. 1981 Council Members ATTEST: City Clerk Regular Session, December 1, 1980 CITY COUNCIL OFFICIAL Regular Session, December 1, 1980. Council met at 7:30 P.M. (C.S.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 427