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1979 June Council Proceedings 216 Special Session, May 3D, 1979 Regular Session, June 4,1979 217 9. Northview Drive and Orescent Ridge 12 Clear View Drive and Orescent Ridge la.CeMr Cross Road and North CaJ;- cade Road 14. Old MiU Road and Rockdole Road 15.SteUXlTt Rand andRockdoJe Road Section 2. That aU ordinances or parts ord.'narwes in conflict with ordinance are hereby repeokd. Passed, approved and adopted this 30th day of May, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 1st day of June, 1979. Leo F. Frommelt City Clerk It 6/1 Council Member Tillly moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Application for transfer of Beer Per- mit by William N. Billikas from 926 Main St. to 7th & Main Sts. in the Town Clock Plaza, presented. Council Member Brady moved that the transfer be approved, Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. There being no further business, Council Member Brady moved to ad- journ. Seconded by Council Member Farrell. Camed by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt City Clerk Approved Adopted Council Members CITY COUNCIL ATTEST: OFFICIAL !ù>gular Session, June 4,1979. Council Met at 7:30 P.M. (C.D.T.) Present: Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. City Manager Gilbert D. Chavenelle. Mayor Wertzberger read the call and stated that service thereof had been dilly made and this is the REGULAR MONTHLY MEETING called for the purpose of acting npon snch business as may properly come before a !ù>gular Meeting of the Council. Proclamation proclaiming twenty-one days from F1ag Day through Indepen- dence Day as a period to "Honor America", was so proclaimed by Mayor Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Current Budget, presented and read. Council Member Tnlly moved that the proof of publication be received and filed. Seconded by Conncil Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Membe", Brady, Farrell, King, Tnlly. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Current Budget on !ù>venue Sharing Funds, presented and read. Council Member Tnlly moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Community Development Block Grant Public Hear- ing for construction of 32nd Street F1re Station, presented and read. Council member Tully moved that the proof of pnblication be received and filed. Seconded by Council Member Brady, Farrell, King, Tully. Nays-None. Communication of Housing !ù>hablli- tation Commission objecting to Budget Amendment transfer of Housing !ù>hab. loan payment funds: $50,000. originally budgeted to W. 11th St. area be re- allocated to the Housing !ù>hab & Loans and Grants Fund: Do not endorse staff proposal for acquisition of building at 595-599 W. 8th Street, presented and read. Council Member Tully moved that the communication be received and filed. City Clerk 1979 1919 Seconded by Council Member King. Camed by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Community Devel- opment Director requesting authoriza- tion to proceed with property acquisi- tion proposal thru Community Block Grant Funds in the amount of $12,500.. for property along University Ave., presented and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. RESOLUl10NNO.134-79. Authorizing the Acquisition of Certain Real Property Identified as Blighting lnDuences in a Community Develop- ment Target Area. WHEREAS, the City of Dubuque pursuant to U.S. Department of Hous- ing and Urban Development Grant Agreement No. B-79-MC-19-0004 has been authorized to carry ont a Com- munity Development Block Grant Pro- gram which includes, among other things, the acquisition of blighted and deteriorating real property located within Block Grant target areas: and WHEREAS, the real property identi- fied hereinafter has been determined to meet the criteria set to qualify for this program: and WHEREAS, the identified real pro- perty is located in the Hili Neigh- borhood which is qualified, by Council !ù>solution No. 13-77 and Chapter 403 of the Iowa Code, for public acquisition activities in order to alleviate blight and deterioration: and WHEREAS, in accordance with the Uniform !ù>location Assistance and !ù>al Property Acquisition Policies Act, an independent appraisal and staff review of said appraisal of the real property hereinafter described has been prepared on behalf of the Clty of Dubuque. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE lOW A: Section l. That the City MœnJJ{Jer be and he is hereby authorized and direct- ed to execute agreermmts of purchase and to M any and aU tMugs necessœry and requisite including the offixing of the City seol to certoin instrurmmts to 218 Regular Session, June 4, 1979 acquire the fee simple interest in the beluw described parcel of reo1 property in accordance 'toM the Unijurm Rew- coli<m Assistance and Reol Property Acquisiti<mPOlicies Act: Owœr Leg&I Desrziption Priee Estate of Sub 15, City Lot 709, $9,500 May Lot 1 Sub 9 of 14, Hawkins City Lot 709, Lot 2 Section 2. That it is hereby found and deteradned thet, the opproisol and opproisol review for 'l""h of the parcels to be acquired hes been prepared in a competent manner iilkr£qvired by the policies and reguùltWn1 'of the Depart- m£1!t of Housing mul Urban Develop- m£1!t. Section 3. That the just /JO11/PC1I8a- tion to be paid for this parcel of reol property is not less than its fair market value as estabUsked by the appraisal. Passed, approved and adopted this 4th day of June, 1979. Richard Wertzberger Mayor D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. FrOmmelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Member Farrell, King. Nays-None. Abstsin-Council Members Brady, Tnlly. RESOLUl10N NO. 135-79 A Resolution Amending the Current Budget for the Fis<81 y- EndIng June 30, 1979, (As Amended last on October 2, 1978. ) Be It !ù>solved by the Council of the City of Dubuque, Iowa: Section 1. Following notice published May 17, 1979, and the public hearing held June 4, 1979, the current budget (as previously amended) is amended as set out herein. 1. Total Boginoiog "",h BalM" 2, Non.Prop"'y Tox In"m' s, St",.Sh..... Hevom.. 4. p"",,"yTox"'king 5, Total He",m..'" 6, eo", W..-king BalM" lHe""") 7, N,tHe""""f..-Ex""ndit""" s, Total Heq"",m,nt' 9, Community Prot""ion 1O, Hm"'" ""volopm,nt 11, IInm, & Commuoi'y Em""nm..t 12, poli'YMdAdnrloi""tion 13. TotalE"""ndi'..-" FUND: Goners! FUND: Road Use Tax '" c."ifi" Amount '" c.""" Amon"' ..- LMt of Am,nd""- LMt or Amond" Amend" on ChMg' Too Amend" on ChMg' Too 1.495,750 54,252 1.550,002 I,OS7,417 I,OS7,417 2,817,412 422.328 4.229,740 1,101.655 . 1,101,655 657,000 14.,," 671"," 1,280.000 342,010 1.59"-"° 6.142.896 . 5,142.896 . . - 11.113.655 490,97711.604.036 3,439,072 342.010 3.781,082 734,998 196.218) 838,780 524.275 524.275 10,378.060 587,19510.965,255 2.914.7g¡ 342.010 3.256,SO'1 10,37S,060 587,19510,965,255 2.914,7g¡ 342,010 3.256,SO'1 2,923.77S 41.223 2,965.001 186,809 - 186,809 2.145.500 159.320 2,304.820 19,30'/ . 19.30'/ 4,511,331 252,445 4.843.827 2.709,181 342,010 S,051,191 7g¡.401 54.018 651,SO'1 . 10,37S,O6O 587.19510.946.185 2.914,7g¡ 342.010 3.258.SO'1 He_' """...tcl> Hi""'" """,m Snow ,.~," Md """,,"ion Stndy, .._n. """,t,.poh- md ,,- ox- ",,1.......nt., CErA In""""'" ""n"" VNA ",t"d, ""'" "hi,l, """,. """","",""on,...." ..noy,.""",_b.."", 9, Community Prot~tion 10, Hum", """Iopm,nt I L Hom' & Commuoi'y En~wnm"t 12, Poli,y..d Adnrloi"mtiun 13, TotalE'p,nditu". L Tnt~lJeginningC"hBal.." 2, Non-Poop",yT,dn"m, 3, St,".Sh...,d "'"".. 4, Poo"""yT",""io. 5, TotnlHe",""". 6, eo", W..-king BalM" """",,) 7, N,tHe","""r..-E"",ndit"". s, Totnl Heq"",m..t. 9, Community Pro""'iun 10, Hnm.. "",,¡opm"t 11, Hom, & Commmuty En~wnm'nt 12, Poli,y..d Admioi,t"tion 13, Tot.~ E,p"dito", L TotnlBoginoingC"hBal"", 2, Nun,Prop"'y T,dn"m, 3, St,"'.Sh...,d He"n.. 4, p""""y T"" "'king 5, Totnl Hew~", s, eo". W",king BnI"", IHe.",,) 7, N,t Rewn"" roo E"",ndito", 8, Total Reqn¡'-,m,,', 9, Commonily Prot..tion 10, Hom","""lopm,nt 11, Hom, & c.mmooity En~"nm'nt 12, Poli,y ",d Admioi.",tion 13, To'nI Exp'ndit~" Regular Session, June 4, 1979 219 940,S92 940,S92 280.000 202,965 202,965 65,652 51,945 28,000 79.945 1,512.982 20,000 9,703 29,703 15,400 1,215,802 37,703 1,283,505 l,S74,O34 Re~" ToM'" in""" .x. "'0'" Md di.",1 fool. ,ity hoU """"'nMoo, 148,294 428,294 10,758 76,420 66,044 1,87S,O2S 15,400 225,106 2,099,140 Re~" "re ,""Ion """",. tion 50 "'dilion" ""'t, 8 Ho... ing ""to, Mtireœ"ion""" ron'" r",mploy" 'x",.." FUND: Sewage Rental FUND: Water '" c."ifi,d Amon", A, ""'ifi" Amo..t " ""t or Am"d" 00 I~t or Amon',d Am"d" on Ch"", Too Amond" on Ch"", Too "',99a . 941,993 373,694 373,6" 1.864.967 88,600 1.934,587 2,058,727 62,900 2,129,627 2,806,960 88,600 2.870,580 2,440.421 62,900 2,503,321 733,448 1679,400) 87,048 214,191 16,000) 206,191 2,070.512 748,000 2.Sl9.512 2.226,230 70,900 2,297,130 2,070.512 748,000 2,S19,512 2,226.230 70,900 2,297,130 355 355 117,208 6,990 124.198 7.S2O . 7,S2O 355 355 2,034,838 749,000 2,783,833 2,039,"'3 62,SlO 2,102.113 27,504 27.804 69,464 1.000 70,454 2,070,512 748,000 2,SlS,512 2,226,230 70,900 2,297,130 "'~" In,oo"'" o"",ting 'x- "'~" Hyd",,", Md ""'" ,.,'" ,mploy" '"""n." =. pi", nod "",inl 6tting>, """". <hin""",d'qwpmont "';n"n- city Md h..t, M'"inri.."""rool,"""cicity. w""'Md """,'pl"t "p,;,-, FUND: Dept Service A. c."i." oo""t Am"d" on 19,991 3.873 821,396 944,960 1.991 "Z,969 942,969 166,388 365.200 826,981 114.400 342,969 FUND: Parking Amonnt A.c."ifi" Amonn' or Amond"" ""t or Ch"", To. Am"d" on Ch"", 19,991 47,960 84.000 87,873 533,500 - 921,396 84,000 1.028.960 - 1,991 84,000 1,026.968 84.000 1,026.969 . 136,388 84,000 449.200 - . 326,981 478,168 - 114.400 34,000 1.O2S,96S 47S,I68 Am"d" To. 47,960 533.500 581,460 . 581,460 IOa,292 139,58S) 68.723 47S,I68 39,569 517,737 47S.168 39,589 517.737 39,569 517,737 39,589 817,737 """'" Bond ,,",00 roo 6""""" Re~" Eqwpmont "';nt". '"""n"on, M". ,"ow oomo,", ,I""ricity, -h""'m"pI...mo.", Comm"oity Hnm'" Hom, & oomm..ity Poti,y ",d Pro"'tion D",olopm,nt En'¡'-onm,nt Admln"'"tion PROGRAM TOTALS FROM,14 TQ,16 There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non-property tax revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. LeoF. Frommelt City Clerk Passed this 4th day of June, 1979. Richard Wertzberger, Mayor Vote (list by names): Ayes-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None ATTEST: Leo F. Frommelt City Clerk PROGRAMTOTALS ~:'o~ n:;:::;:..nt lIn";n~':::"YA=t~~on FROM 14 S.727,O23 2.806.799 1S,604.674 1.044,169 TO. 16 5,023,850 3.060,887 16,284.663 1,109,l1IS FUND: !ù>venue Sharing FUND: Foders! Funda '" c."ifi" Amount '" ""'ifi" Amoont ..- LMt of Amond" "' LMt of """'_0'" Am,,'" on Ch..... To. Amendo<! on Chonge To. 769.870 769.870 381.ISI - 361.181 1.002.000 1.002.000 1.850.274 226.106 1,775.360 1. Tot~ BoginoingC"hBal"'" 2, Non.Prop"'yToxIn"m, S, S"",-Sh...,d Heven.. 4, Pro"""y Tox "'king 5, Totnl He",n...'" 6, eo"" Wookin. BaI"", IHe.,"') 7, N,tlJe""",.rooEx""ndit~" 6, Totnl Heqn¡'-,m,nt, l,nl.870 - 1.771.870 1,981,405 226,106 2.158,511 558,068 187.703) 518,355 87.371 . 87.871 1,215.802 37,706 1.268,505 I,S74,O34 225.100 2.099,140 1.215,802 87.706 1.268.505 l,S74,O34 226.100 2,099.140 220 Regular Session, June 4, 1979 Regular Session, June 4, 1979 221 I hereby certify the above transactions to be a true copy of the proceedings of the City Council and the resolutions passed in the above matter. June 4,1979 Leo F. Frommelt City Clerk Council Member Tully moved adoption of the Resolution. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager sub- mitting a resolution and requesting authorization for transfer of funds, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None, RESOLUl10N NO. 136-79 A Resolution for Approval of the Permanent Transfer of Funds WHEREAS, there is now in the hands of the Treasurer the sum of $8,089 credited to the General Fund: and WHEREAS, there is now in the hands of the Treasurer the sum of $19,330 credited to the Airport Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $43,497 credited to the Liquor Sales Profit Fund: and WHEREAS, there is now in the bands of the Treasurer the sum of $99,000 credited to the Library Con- struction Fund: and WHEREAS, there is now in the hands of the Treasurer the sum of $30,450 credited to the Public Works Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $250,675 credited to the Sewer !ù>venue Bond !ù>serve Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $11,500 credited to the Rafferty Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $5,500 credited to the Excavation Fund: and WHEREAS, there is now in the $11,500 from the Rafferty Fund to the Recreation Fund in order to cover the cost of the ballfield relocation study: and WHEREAS, it is desired to transfer $5,500 from the Excavation Fund to the General Fund in order to cover the cost of an automobile: and hands of the Treasurer the sum of $616,861.61 credited to the Sewer !ù>venue Bond !ù>serve Fund: and WHEREAS, there is now in the hands of the Treasurer the sum of $255,000 credited to the Sewer Depre- ciation Fund; and WHEREAS, it is desired to transfer $816,861.61 from the Sewer !ù>venue Bond !ù>serve Fund, $255,000 from the Sewer Depreciation Fund and $118,632.22 from the Sewer Line Con- strnction Fund to the Wastewater Treatment Plant Construction Fund in order to cover the construction deficit. WHEREAS, there is now iu the hauds of the Treasurer the sum of $118,632.22 credited to the Sewer Line Construction Fund: and WHEREAS, it is desired to transfer $8,089 from the General Fund to the Tort Liabllity Fund to provide for increased insurance costs: and WHEREAS, it is desired to transfer $19,330 from the Airport Fund to the Airport Construction Fund in order to pay back bond monies used for parking lot improvements: and WHEREAS, it is desired to transfer $16,897 from the Liquor Sales Profit Fund to the Sanitation Fund in order to provide for a refuud to Mississippi Valley Milk Producers, and $11,600 to the Park Fund in order to cover increased operating expeuse, and $15,000 to the General Fund for team bullding: and WHEREAS, it is desired to transfer $4,273 from the Street and Traffic Lighting Fund to the General Fund in order to close out this Fund: and WHEREAS, it is desired to transfer $99,000 from the Library Constructiou Fund to tbe G.O. Debt Fund for library debt service: and WHEREAS, it is desired to transfer $30,450 from the Public Works Fund to the Iowa Street Ramp Construction Fund for the expansion project; and WHEREAS, it is desired to transfer $250,675 from the Sewer !ù>venue Boud !ù>serve Fund to the Sewage !ù>ntal Fund in order to cover increased operating expense; aud WHEREAS, it is desired to transfer NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: That said sum of $1,462,807.83, as set forth above, be and the same is hereby transferred from the General Fund, All-port Fund, Liquor Sales Profit Fund, Street and Traffic Lighting Fund, Library Coustruction Fund, Public Works Fund, Sewer !ù>venue Bond !ù>serve Fund, Rafferty Fund, Exca- vatiou Fund, Sewer !ù>venue Bond !ù>- serve Fund, Sewer DepreciationFund and Sewer Line Construction Fund to the Tort Liability Fund, All-port Con- struction Fund, Sanitation Fund, Park Fund, Geueral Fund, G.O. Debt Fund, Iowa Street Ramp Construction Fund, Sewage !ù>ntal Fund, Recreation Fund, General Fund and Wastewater Treat- ment Plant Construction Fund, and the City F1nance Director is directed to correct his books accordingly. Passed, approved and adopted this 4th day of June, 1979. Richard Wertzbergr Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell City Council Members ATTEST: Leo F. Frommelt Clty Clerk Council Member Farrell moved adop- tiou of the Resolution. Seconded by Council Memher Tnlly. Carried by the following vote: Yeas-Mayor Wertzberger, Couucil Members Brady, Farrell, King, Tnlly. Nays-Noue. Communication of City Manager re- questing approval of agreement and adoptiou of a resolution for the Chamber of Commerce, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. RESOLUl10NNO.137-79 Authorizing the Execution of a Contract with the Dubuque Ares Chamber of Commerce WHEREAS, the Dubuque Area Chamber of Commerce has submitted a Program of Work to promote and encourage the tourism and couvention busiuess in the City of Dubuque: and WHEREAS, the Program of Work will cover the following areas of service: 1) advertising and public relations, 2) facility attractions and special events, 3) convention sales and services, 4) hospitality information, 5) firiance and membership in a Con- vention and Visitors Bureau: and 6) leg;slation: and WHEREAS, the Dubuque Area Chamber of Commerce represents itself as technically and professionally qualifi- ed to provide services to effectively promote and develop the tourism and convention business for the Clty of Dubuque: and WHEREAS, it is deemed to be in the best interest of the CIty of Dubuque to enter into such a contractual arrange- ment: NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. Thai the Mayor be and he is hereby authorized and directed to execute a contract on beholf of the City of Dubuque with the Dubuqne Area Chamber of Cmnmerce for techrdcol and professiorwl services in an anwunt not to exceed $25, 000. Passed, approved and adopted this 4th day of Juue, 1979 Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell City Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Tnlly. Carried by the 222 Regular Session, June 4, 1979 following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by tbe Publlsher, on Notice of Pendency on proposed plans, etc. for paving, signal- izing, marking for overall construction of J.F.K. Road from Pennsylvania Ave, to Asbury Rd., presented and read. Council Member Tnlly moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Delos Dorweiler requesting the Council to authorize staff to consununate verbal agreements with him as to construction of J.F,K. Road, as it affects his property, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Brady. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None, (Necessity for Improvement) RESOLUl10NNO.128-79 WHEREAS, proposed plans, specifi- catious, and form of contract have heen duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among otber tbings the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provemeut for the construction of John F, Kenuedy Road from Pennsylvania Avenue to Asbury Road. BE IT THEREFORE RESOLVED that the Clty Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resnlu- tion have on file with the City Clerk, objections to the amount of the cost of the improvement, they sball be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and eapense of making said improvement will be paid by Federal Aid to Urban Systems and Road Use Tax Funds. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 21st day of May, 1979, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 4th day of June, 1979. Richard Wertzberger Mayor Thomas A, Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved final adoption of the !ù>solution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements. RESOLUl10NNO.I38-79 WHEREAS, proposed plans and specifications and form of contract for the construction of John F. Kennedy Road from Pennsylvania Avenue to Asbury Road have been approved by the City Council of the City of Dubuque and public notice given as provided by Section 384 of the Code of Iowa, 1978, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of June, 1979; and WHEREAS, the City Council met in regular session this 4th day of June, 1979, at 7:30 o'clock P.M. at the Council Chambers in the Clty Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein describ- ed and proposed to be made: and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been dilly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all Regular Session, June 4, 1979 223 objections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby over- rilled and snch plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolntion containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvemeut be made a matter of permanent record in connection with said improvemeut. Passed, adopted aud approved thIs 4th day of June, 1979. Richard Wertzberger Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tnlly moved adop- tion of the Resolntion. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. (ORDERING CONSTRUCTION) RESOLUTION NO. 139-79 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolntion of Necessity No. 128-79 which was duly passed by this Council for the construc- tion of Joim F. Kennedy Road from Pennsylvania Avenue to Asbury Road be and the same are hereby ordered and constructed by this Council npon its own motion and with or without the petition of property owners. All the work shall be constrncted in aceordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and eapense of the said im- provement be paid from the Federal Aid to Urban Systems and Road Use Tax Funds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Conncil. Passed, adopted and approved this 4th day of June, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E, Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tuliy moved adop- tion of the !ù>solution. Seconded by Council Member Brady. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly, Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency for public improvements for the construc- tion of Carnegie Stout Library Eapan- sion facllities, presented and read. Council Member Tnlly moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. (Necessity for Improvement) RESOLUl10NNO.122-79 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the Clty Council of the Clty of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the improvement for the construction of the Carnegie-Stout Library expansion facilities. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentinned i~row~m, and u~ss property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in aecordance with the plans and specifications which have been approved by the City Council and are now on file with the Clty Clerk. That the cost and eapense of making said improvement shall be paid from the General Bond Issne. The above resolntion was introduced, approved and ordered place on file with Regular Session, June 4,1979 the City Clerk this 21st day of May, tract for or cost of said improvement 1979. herein described and proposed to be RECORD OF FINAL ADOPTION made, be and the same hereby over- The foregoing resolution was finally ruled and snch plans, specifications and passed and adopted, as proposed, by form of contract heretofore approved the City Council this 4tb day of June, are hereby adopted. 1979. Richard Wertzberger BE IT FURTHER RESOLVED that Mayor this resolution containing the decision of Thomas A. TlÙly, Jr, this Council upon all objections which D. Michael King have been filed to the plans, specifica- James E. Brady tions and form of cost said improvement Carolyn Farrell be made a matter of permanent record Council Members in connection with said improvement. ATTEST: Passed, adopted and approved this Leo F. Frommelt 4th day of June, 1979. City Clerk Richard Wertzberger Council Member Tully moved final Mayor adoption of the !ù>solution. Seconded Thomas A, Tully, Jr. by Council Member Farrell. Canied by D. Michael King the following vote: James E. Brady Yeas-Mayor Wertzberger, Councll Carolyn Farrell Members Brady, Farrell, King, Tnlly. Council Members Nays-None. ATTEST: Leo F. Frommelt Decision of Council upon objections to City Clerk plans, specifications, form of contract Council Member Tnlly moved adop- snd cost of improvements. tion of the !ù>solution. Seconded by Council Member Farrell. Carried by RESOLUl10N NO. 140-79 the following vote: Yeas-Mayor Wertzberger, Council WHERÉAS, proposed plans and Members Brady, Farrell, King, Tnlly. specifications and form of contract for Nays-None. the construction of the Carnegie-Stout Library expansion facilities bave been ( ORDEIUNG CONSTRUCTION) approved by the City Council of the City RESOLUl10N NO. 141-79 of Dubuque and public notice given as provided by Section 384 of the Code of BE IT RESOLVED BY THE CITY Iowa, 1978, pertaining to public con- COUNCIL OF THE CITY OF tracts and bonds, and the time and DUBUQUE tbat pursuant to a !ù>solu- pl<;ce . fixed for. the hearin&:. of. all tion of Necessity No. 122-79 which was ObjectIOns to smd plans, spec~lCatlOns duly passed by this Council for the or contract for or cost of sucb Improve- construction of the Carnegie-Stout ment, said time being this 4th day of Library expansion facilities be and the June, 1979: and same are hereby ordered and con- . . . structed hy tbis Council upon its own WHEREAS, the City Council met m motion and with or without the petition regular session this 4th day of Jun~, of property owners. All tbe work shall 1979, at 7:30 o'clock P.M. at the Council be constructed in accordance with the Chambers in ~he Ci!y Hall for t.he plans and specifications heretofore purpose of hearmg alllOterested partIes adopted and now on file in the office of and considering any and all objections the Clty Clerk. which have been filed to the proposed plans, specifications or contract for or BE IT FURTHER RESOLVED that cost of tbe improvement herein describ- the cost and expense of the said ed and proposed to be made; and improvement be paid from the General Bond Issue. WHEREAS, all interested parties have been given an opportunity to be BE IT FURTHER RESOLVED that heard and all .objections whic~ have this resolution being deemed urgent and been duly weIghed and consIdered; of immediate necessity shall be in force now, therefore; and effect from and after its passage . and adoption by tbe City Council. BE IT RESOLVED by the CIty passed adopted and approved this Council of the City of Dubuque, that all 4th day of June, 1979. objections which have been made and Richard Wertzberger filed to the plans, specifications, con- Mayor 224 Regular Session, June 4, 1979 225 Thomas A. Tully, Jr. D, Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the !ù>solution, Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzber¡.¡er, Council Members Brady, Farrell, King, Tnlly, Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by adding a new subsection 19 to Section E of Section 25-210 of said Code: providing that eastbound vehicles on Curtis Street shall stop before entering the intersec- tion of Bryant Street, presented and read, Council Member Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Council Members Brady, Far- rell, King. Nays-Mayor Wertzberger, Council Member Tully. Council Member Brady moved that the rille requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Council Members Brady, Far- rell, King. Nays-Mayor Wertzberger, Council Member Tully. Council Member Brady moved that a public hearing be held on the Ordinance on June 18, 1979 at 7:30 o'clock P.M. in the Council Chamber at the Clty Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Council Members Brady, Far- rell, King. Nays-Mayor Wertzberger, Council Member Tully. AN ORDINANCE of the Clty of Dubuqne, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by repealing subsec- tion 32, subsection 34 and subsection 53 to Section A of subsection (d) of Section 25-257 thereof and enacting a new subsection 32, subsection 34, and sub- section 53 to Section A of Subsection (d) of Section 25-257 in lieu thereof, prohib- iting the parking of vehicles at any time on both sides of East Twentieth Street from Central Avenue to Elm Street, prohibiting the parking of vehicles at any time on East Twenty-Second Street on the south side from Windsor Avenue to Stafford Street and on both sides from Jackson Street to Central Avenue and prohibiting the parking of vehicles at any time on Kaufmann Avenue on the south side from Central Avenue to Heeb Street and on the north side from Central Avenue to Valeria Street, presented and read. Council Member Brady moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Council Members Brady, Far- rell, King. Nays-Mayor Wertzberger, Council Member Tully. Council Member Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final actioo is taken, be dispensed with. Seconded by Council Member Farrell, Carried by the following vote: Yeas-Council Members Brady, Farrell, King, Nays-Mayor Wertzberger, Council Member Tully. Council Member Brady moved that a public hearing be held on the Ordinance on June 18, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of tbe hearing in the manner required by law. Seconded by Council Member Farrell, Carried by the following vote: Yeas~Council Members Brady, Far- rell, King. Nays-Mayor Wertzberger, Council Member Tully. Communication of Human Rights Commission submitting an Ordinance covering amendments drafted from ap- plicable sections of the Iowa Civil Rights Act to Keep our local Ordinance consistent with State Code, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell, Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly, Nays-None. ORDINANCE NO. 30-79 AN ORDINANCE OF TIlE CITY OF ,.=0 -'~~~-~~~ 226 Regular Session, June 4, 1979 UNFAIR CREDIT PRACTICES; BY REPEALING SECTION 21-79 OF ARTICLE IV THEREOF AND EN- ACTING A NEW SECTION 21-79 OF ARTICLE IV IN LIEU THEREOF ESTABLISIDNG TIME LIMITATIONS FOR FILING A COMPLAINT; BY EN- ACTING A NEW SECTION 21-80 OF ARTICLE IV THEREOF PROVIDING FOR A 120 DAY ADMINISTRATIVE RELEASE; BY REPEALING SEC- TION 21.81 OF ARTICLE IV THEREOF AND ENACTING A NEW SECTION 21.81 OF ARTICLE IV IN LIEU THEREOF PROVIDING FOR NOTICE AND INVESTIGATION; BY REPEALING SECTION 21-82 OF ARTICLE IV THEREOF AND EN- ACTING A NEW SECTION 21-82 IN LIEU THEREOF PROVIDING FOR PROCEEDINGS UPON FAILURE TO REACH SEITLEMENT BY CONCILI- ATION; BY REPEALING SECTION 21-83 OF ARTICLE IV THEREOF AND ENACTING A NEW SECTION 21-83 OF ARTICE IV IN LIEU THEREOF PROVIDING FOR FIND- INGS BY COMMISSION, AVAILABLE REMEDIES, CEASE AND DESIST ORDER; BY REPEALING SECTION 21-86 OF ARTICLE IV THEREOF; AND BY REPEALING SECTION 21-87 OF ARTICLE IV THEREOF AND ENACTING A NEW SECTION 21-87 OF ARTTIÆ IV IN LIEU THEREOF PROVIDING FOR JUDICIAL RE- VIEW AND ENFORCEMENT AC- TIONS, presented and read. Council Member Tnlly moved that the reading just had be considered the first reading of tbe Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Councll Members Brody, Farrell, King, Tnlly. Nays-None. Council Member Tnlly moved that tbe rille requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council member Farrell. Canied hy the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. DUBUQUE, IOWA PROVIDING 11JAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SEC- TION 21-1 OF ARTICLE 1 THEREOF AND ENACTING A NEW SECTION 21-1 OF ARTICLE I IN LIEU THERE- OF TO CHANGE THE DEFINITION OF "COURr' AND "PUBLIC ACCOM- MODATION" ACCORDINGLY; BY REPEALING SECTION 21-27 OF ARTICLE n TJIEREOF AND EN- ACTING A NEW SECTION 21-27 IN LIEU THEREOF DmNlNG THE POWERS AND DUl1ES OF THE DUBUQUE HUMAN RIGIlTS COM- lIUSSION; BY REPEALING SECTION 21,39 OF ARTICLE m THEREOF AND ENACTING A NEW SECTION 21.39 OF ARTICLE 1lI IN LIEU THEREOF REDEFINING AIDING OR ABETl'ING: BY REPEALING SEC- TION 21.40 OF ARTICLE m THERE- OF AND ENACTING A NEW SEC- TION 21-40 OF ARTICLE m IN LIEU THEREOF PROIUBlTING DISCRIM- INATION AGAINST PERSONS AlD- ING IN ENFORCEMENT OF ARTI- CLE 1lI; BY REPEALING SUBSEC- TION (3)OF SECTION 21-56 OFDM- SION 3 OF ARTICLE 1lI THEREOF AND ENACTING A NEW SUBSEC- TION (3)OFSECTION21-560FDM- SION 3 OF ARTICLE m IN LIEU THEREOF DEFINING PROIBBITED PRACTICES; BY REPEALING SUB- SECTION (4) OF SECTION 21-57 OF DMSION 3 OF ARTICLE m TJIERE- OF AND ENACTING A NEW SUB- SECTION (4) OF SECTION 21-57 OF DMSION 3 OF ARTICLE m IN LIEU THEREOF DEFINING EXEMPTIONS FROM TIDS DMSION; BY ENACT- INGNEWSUBSECTIONS (5), (6)and (7) OF SECTION 21.57 OF DMSION 3 OF ARTICLE 1lI THEREOF EX- EMPTING PERSONS UNDER THE AGE OF 18 YEARS, EXEMPTING A STATE OR FEDERAL PROGRAM AND EXEMPI'lNG AN EMPLOYEE 45 YEARS OF AGE OR OVER; BY EN- ACTING A NEW SUBSECTION (4) OF SECTION 21-64 OF DIVISION 4 OF ARTICLE 1lI TJIEREOF PROIDBIT- ING DISCRIMINATION AGAINST ANY LESSEE OR pURCHASER OF REAL PROPERTY OR HOUSING AC- COMMODATIONS; BY ENACTING A NEW SECTION 21-86 OF DMSlON 4 OF ARTICLE 1lI THEREOF RELAT- ING TO UNFAIR OR DISCRIMINA- TORy PRACTICES IN EDUCATION; BY REPEALING SECTION 21.67 OF DMSION 5 OF ARTICLE m TIJERE- OF AND ENACTING A NEW SEC- TION 21-67 OF DMSION 5 OF ART- ICLE 1lI THEREOF PROlBBmNG ORDINANCE NO. 30-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING 11JAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SEC- TION 21-1 OF ARTICLE 1 THEREOF AND ENACTING A NEW SECTION 21-1 OF ARTICLE I IN LIEU TJIERE- OF TO CHANGE THE DEFINITION Regular Session, June 4, 1979 OF "COURT" AND "PUBLIC ACCOM- MODATION" ACCORDINGLY; BY REPEALING SECTION. 21-27 OF ARTICLE n THEREOF AND EN- ACTING A NEW SECTION 21-27 IN LIEU THEREOF DEFINING THE POWERS AND DUTIES OF THE DUBUQUE HUMAN RIGIlTS COM- lIUSSfON; BY REPEALING SECTION 21-39 OF ARTICLE m THEREOF AND ENACTING A NEW SECTION 21.39 OF ARTICLE llIIN LIEU THEREOF REDEFINING AIDING OR ABEITING: BY REPEALING SEC- TION 21-40 OF ARTICLE m THERE. OF AND ENACTING A NEW SEC- TION 21-40 OF ARTICLE 1lI IN LIEU THEREOF PROIDBITING DESCRlM- INATION AGAINST PERSONS AlD- ING IN ENFORCEMENT OF ARTI- CLE m; BY REPEALING SUBSEC- TION (3)OF SECTION 21-56 OFDM- SION 3 OF ARTICLE Iß THEREOF AND ENACTING A NEW SUBSEC. TION 13) OF SECTION 21 -56 OF DM- SION 3 OF ARTICLE 1lI IN LIEU THEREOF DEFINING PROlBBlTED PRACTICES; BY REPEALING SUB- SECTION (4) OF SECTION 21-57 OF DMSION 3 OF ARTICLE m THERE- OF AND ENACTING A NEW SUB- SECTION (4) OF SECTION 21-57 OF DIVISION 3 OF ARTICLE m IN LIEU THEREOF DmNING EXEMPTIONS FROM TIDS DMSION; BY EXACT. ING NEW SUBSECTIONS 15), (6)and (7)OF SECTION 21-57 OF DMSION 3 OF ARTICLE m THEREOF EX- EMPTING PERSONS UNDER THE AGE OF 18 YEARS, EXEMPTING A STATE OR FEDERAL PROGRAM AND EXEMPTING AN EMPLOYEE 45 YEARS OF AGE OR OVER; BY EN. ACTING A NEW ISUBSECTION (4) OF SECTION 21-64 OF DMSION 4 OF ARTICLE 1lI 11IEREOF PROIDBIT- ING DISCRIMINATION AGAINST ANY LESSEE OR PURCHASER OF REAL PROPERTY OR HOUSING AC- COMMODATIONS; BY ENACTING A NEW SECTION 21-66 OF DMSION 4 OF ARTICLE m 11IEREOF RELAT- ING TO UNFAIR OR DISCRIl\ßNA- TORY PRACTICES IN EDUCATION; BY REPEALING SECTION 21-67 OF DMSION 5 OF ARTICLE Iß THERE- OF AND ENACTING A NEW SEC- TION 21-67 OF DMSION 5 OF ART- ICLE ID THEREOF PROlBBmNG UNFAIR CREDIT PRACTICES; BY REPEALING SECTION 21-79 OF ARTICLE IV THEREOF AND EN- ACTING A NEW SECTI"N 21-79 OF ARTICLE IV IN LIEU THEREOF ESTABLISIDNG TIME LIMITATIONS FOR FILING A COMPLAINT; BY EN- ACTING A NEW SECTION 21-80 OF 227 ARTICLE IV THEREOF PROVIDING FOR A 120 DAY ADMINISTRATIVE RELEASE; BY REPEALING SEC. TION 21-81 OF ARTICLE IV THEREOF AND ENACTING A NEW SECTION 21-81 OF ARTICLE IV IN LIEU THEREOF PROVIDING FOR NOTICE AND INVESTIGATION; BY REPEALING SECTION 21-82 OF ARTICLE IV 11IEREOF AND EN- ACTING A NEW SECTION 21-82 IN LIEU THEREOF PROVIDING FOR PROCEEDINGS UPON FAILURE TO REACH SErrLEMENT BY CONCllJ- ATION; BY REPEALING SECTION 21-83 OF ARTICLE IV THEREOF AND ENACTING A NEW SECTION 21-83 OF ARTICLE IV IN LIEU THEREOF PROVIDING FOR FlND- INGS BY COMMISSION, AVAILABLE REMEDIES, CEASE AND DESIST ORDER; BY REPEALING SECTION 21-86 OF ARTICLE IV THEREOF; AND BY REPEALING SECTION 21-87 OF ARTICLE IV THEREOF AND ENACTING A NEW SECTION 21-87 OF ARTICLE IV IN LIEU THEREOF PROVIDING FWI JUDICIAL RE- VIEW AND ENFoRCEMENT AC- TIONS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IIUBUQUE, lOW A: Section 1. Thai the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby armmded by repeoling Section 21-1 of Article 1 thereof and enacting a new Secti<m 21-1 of Article I in lieu thereof to read as foUows: "Sec. 21-1 Definitioo.. When nsed in this chapter, u7Ùess the context otherwise requires: 'Commission' means the Dubuque Human Rights Commissi<m created by article II of tMs chapter. 'Court'means the district court in and for the jadidal district of the state of Iowa, in and for Dubuque county. 'Disability' means the physical or mento1 condition of a person which constitutes a sabstantial hœnÆcap. In reference to employment, onder this chapter, 'disability' also means the physicol or mentol conditi<m of a person which constit'IJJ.es a sabstantiol hondi- cap, but is unrelated to such person's ability to engage in a particular occupa- tion. 'Employee 'means any person employ- ed by an empW¡¡er. 'J!)mployer' means the state or any political subdivision, boord, cmnads- sian, deportrmmt, institution or sclwol district thereof, and every other person employing employees within the state. 'J!)mplo¡prumt Agency' means any per- Regular Session, June 4,1979 , (1) To receive, investigate and finolly determine the merits of complaints alleging unfair or disCT!'minatory practices. (2) To investigate and study the exis- tence, character, causes and extent of discrimination in public d£commodß- tions, employmenl, apprenticeship pro- grams, on-the-Job training programs, vocationol schools, credit practices, other educati<mo1 instituti<ms and Iwnsing in this city and to attempt the elimination of snch discrimination by educati<m and concilWii<m, ( 9) To apjJQÌnt and prescribe the duties of a director and such investigators and other employees and agents as the commission shaU deem necessary for the enforcement of this chapter subject to budget limitations. (4) To hold hearings upon any com- plaint made against a person, an employer, an employment agency or labor organization or the employees or members t/uJreof, to subpoena wit- nesses and compel their attendßnce at snch hearings, to adminisler oaths and toke the testimony of any person under oath, and to compel such person, employer, employment agency or labor orgasizati<m, or employees or members thereof, to produce for exœmination any books and papers relaling to any molter involved in such complainl. The commission shaU issue subpoenas for witnesses in the same manner and for the same purpose on behal/ of the resvondent upon his request. Sw:h /uJanngs may be held by the commis- sion, by any commissi<mer, or by any hearing exonuner apjJQÌnted by the commission, If a witness either fails or refuses to obey a subpoena issued by lhe commission, the commissi<m may petiti<m the district court hamng juris- dicti<m for issUllnce of a subpoew1 and the court shan, ,n a proper case, issue the subpoew1 Refusol to obey such subpoena shan be subject to punish- rmmt for contempt, (5) To issue such pùblicati<m and re- ports of investigations and research as in the ;judgment of the commissi<m shan tend to pronwte good will o:rrwng the varimts protected groups under lhis chapter which shaU tend to minimize or eh'minate discriminati<m in publiç ac- commodßtions, employment, appren- ticeship and on-the-job lraimng pro- grams, vocati<mo1 schaols, honsing or credit becanse of age, race, creed, color, sex, nationol origin, religion, ancestry, disability or maritolstatus, ( 6) To prepare and transmit to the mayor and cily council, from time to time, but nol less often than once a year, reports describing its proceed- 228 son undertaking to procure employees or opportunities to work for any other person or any person holding himself or itself to be equipped to dß so. 'Labor organizati<m' means any orga- nizoli<m which exists for the purpose ,n whole or in part of coUective bar- gaining, of deaUng with employers concerning grievances, terms or condi- tions of employment or of other mutuol oiil or protection in connecti<m with employment, 'Person' means one or more individ- uols, partnerships, associati<ms, cor- porations, legol representatives, lrustees, receivers and the state and aU politicol subdivisions and agencies thereof. 'Public accommodati<m' means each and every ploce, establishment or facil- ity of whatever kind, nature or class that caters or offers services, facilities or goods to the generai public for a fee or charge, provided that any ploce, establishrmmt or faciltiy that caters or offers services, facilities or goods to the genorai public groluitonsly shan be deemed a public accommodßti<m if the accommodati<m receives any govern- mentol support or subsidy. Public accommudation shaU not mean any bona fide private club or other ploce, estab- lishment, or facility which is by its nature distinctively private, except when such distinctly private ploce, establishment or facility caters or offers services, facilities or goods to the generai public for a fee or charge or gratuitonsly, it shaU be deemed a public accommodati<m during snch period. 'Public accommodati<m' inclndes each state and locol government unit or tax- supported district of whatever kind, nature or class that offers services, facilities, benefits, grants or goods to the public, gratuitously or ot/uJrwise. This paragraph shan not be construed by negative implicati<m or otherwise to restrict any part or porti<m of the preexisting definition of the term 'public accommodati<m, ' 'Urifair practice or discrinu'natory practice'means those practices specified as unfair or discriminatory in article III of this chapter," Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is /uJreby amended by repeaUng Section 21-27 of Article II thereof and enacting a new Scti<m 21-27 of Article II in lieu t/uJreof to read as fa/k¡ws: "Sec. 21-27. Powers and duties. The commission created by this article sholl have the fo/k¡wing powers and duties: Regular Session, June 4, 1979 229 'ngs, ,nvestigations, hea"ngs conducted and the outcome thereof, decisions rendered and the other work performed by the commission, (7) To make recommendßtions to the city council for snch further legislation concern,ng discriminati<m because of race, creed, color, sex, nationol origin, religion, age, disability, maritol status or ancestry as it may deem necessary and desirable, ( 8) To cooperate, within lhe h'mits of any approprioJ;ions made for its opera- tion, wilh other agencies or organiza- tions, both public and private, whose purposes are consistent with those of this chapter, and ,n the planning and canduct,ng of programs designed to eh'minate rO£iol, religions, culturai and ,ntergroup tensi<ms. ( 9) To adopt, publish, amend and resèind regulations consistent with and necessary for the enforcement of this chapter. " Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby amended by repeabng Section 21-9g of Article III thereof and enacting a new Seclion 21- 99 of Article III in lieu thereof to read as follows: "Sec. 21-39. Aiding or abetting. It shaU be an urifoir or discrimina- lory practice for: ( 1 ) Any person to tntentionaUy oiil, abet, compel or coerce another person to engage in any of the practices declored unfoir or discriminatœry by this article. (2)Any person to discriminate a- gainst anot/uJr person In any of the rights protected against disCT!'mination on lhe basis of race, creed, color, sex, nati<mo1 origin, religion, age, disability or maritol status by this article because snch person has lawfully opposed any practice forbidden under this article, obeys the provisions of this article, or has filed a comphant, testified or assisted In any proceedings under this chapter. " Section 4. That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is /uJreby amended by repeaUng Section 21-40 of Article III lhereof and enactIng a new Section 21-40 in lieu thereof to rend as follows: "Sec. 21-40. Discrimination against persons aiding in enforcement of article prohibited. II shaU be unlawful for any person to discriminate against anot/uJr person in any of the rights protected agoinst dis- cri'll1ination on the basis of race, creed, color, sex, nati<mo1 origin, religion, disability, marilol status or age by this article because such person hdii lawfully opposed any praclice forbiddRn under this article, obeys the provisi<ms of this article or has filed a complaint, testified or assisted in any proceedings under this chapter, " Section 5. That t/uJ Code of Ordi- nances of the City of Dubuque, Iowa be and the same is /uJreby amended by repeaUng subsection (9) of Secti<m 21-56 of Divisi<m 9 of Article III t/uJreof and enact.ng a new subsection (9) of Secti<m 21-56 of Division 9 of Article III thereof to read as follows: "Sec. 21-56. ( 9) Flmployer, employment agency, la- bor organization or the employees, agents, or members thereof to directly or indirectly advertise or in any other manner l1uJicate or publicize that in- dividuols of any particulor race, creed, color, sex, age, nati<mo1 origin, religion or disability are unwelcome, objecti<m- able,not acceptable or not solicited for employment or membership, unless based upon the nature of the occupa- lion If a disabled person is quolified to perform a particVÛlr occupation by reason of traimng or experience, the nature of that occupati<m shaU not be the hasis for exception to the unfair or discri'lllfuting practices prohibited by this subsecti<m. An employer, employment agency, or their employees, servants or agents may offer employment or advertise for employment to cm1y the disabled, when other applicants have available to them, other employment compatible with their ability which 'UJ{)!Jjd not be available to the disabled because of their hmulicap, Any snch employment or offer of employment shaU not discrinu'nate a- mong the disabled on t/uJ basis of race, color, sex or nationol origin. " Section 6. That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby amended by repeoling subsection (4) of Section 21-57 of Divisi<m 9 of Article III thereof and enactIng a new subsection (4) of Secti<m 21-57 of Division 9 of Article III in lieu thereof and by enactIng new sub- secti<ms (5), (6) and (7) of Secti<m 21-57 of Divisi<m 9 of Article III thereof to read as follows: "Sec. 21-57 (4) Any bona fide religious instilution with respect to any quolificati<ms for employment based on religion when such quolificati<ms are related to a bona fide religious purpose. A religious qunJi}ü:ati<m for instructionol personnel or an adminislrative of}ü:er, serving in a supervisœry capOEity of a bona fide religions educationol facility or religious institution, sholl be presumed to be a bona fide occupationol quolification, Regular Session, June 4,1979 (5) This secti<m sholl not prohibit potentiol porento1, family or moritol disCrtminoli<m on the basis of age if the status of a person, or the exclusion of person subject 10 the disCrtminoli<m is any person front ony program or activ- under the age of eighteen years, unless ity or employment because of preg- thai person is considered by law to be nancy or reWted canditions dependent an adult. upon the physician's diagnosis and certi- ( 6) Notwithstanding the provisi<ms of ficati<m, this secti<m, a state or federol program For the purpose of this section 'edu- designed to benefit a specifU; age cw.- colWnol instituti<m' includes any public sificati<m which serues a bona fUle preschool, or elermmtœry, secondßry or public purpose shaU be permissible. merged area school or area ednca- ( 7) This secti<m shan not apply to age tion agency and their governing boards, discriminati<m in bona fide apprentice- NOlhing in this section sholl be con- ship employrmmt programs if the em- strued to prohibit any edncationol insti- ployee is over forty-five years of age. " tuti<m front mnintoining separate loilet Section 7. That the Code of Ordi- facilities locker roontS or living facilities nances of the City of Dubuque, Iowa be for the different sexes so i<mg as and the same IS hereby amended by contporable focüities are provided, " enacting a new, ~bsecti<m (4) of SectIon 9. That the Code of Ordi- Sectwn 21-64 of Dimston 4 of ArtICle III nances of the City of Dubuque Iowa be to :ead as foUows: and the same is hereby œm:,nded by See. 21-64: " repeaUng Secti<m 21-67 of Divisi<m 5 of (4) To discnmÙwte agmnst the lessee Article III thereof and enacting a new or P'frchaser of any. reol property.or Secti<m 21-67 of Division 5 of Article III lwus!ng accontmodolwn or part, portIon in lieu thereof to read as foUows: or Interest of the ,reol pr~rty or "See. 21-67. Unfair credit practices. !wusing '!"commodolwn, or agmnst any It sholl be an unfoir or discrimina- prospectIVe lessee or vu,rchaser of the tory practice for any: property of accontmodolwn, because of the race, color, creed, religi<m sex, (a) Oreditor to refuse to enter into a disability, age or nolWnol origin of consumer credit transaction or impose persons who moy front Wme to time be finance charges or other terms or con- present in or on the lessee's or ouRl£r's diti<ms more onerous than those regs- premises for lawful purposes at the lorly extended by thai creditor to invitati<m of the lessee or owner as consumers of similor ecmwrnic back- friends, guests, visitors, reWtives or in grounde and current situati<ms because any similar cœpacity. " of age, color, creed, nolionol origtn, SectIon 8. That the Code of Ordi- race, religi<m, rrwritol status, sex or nances of the City of Dubuque, Iowa be physirol disability. and the same is hereby armmded by ( b) Person authorized or licensed to do enacting a new Section 21-66 of Divisi<m business in this state pursuant to chap- 4 of Article III thereof to read as ter 524, 599, 594, .?S6 or 596A of the foUows: State Code of Iowa to refuse to loan or "Sec. 21-66. Unfair or dioeriminatory extend to persons of similor ecmwrnic praeliees-edut:ation. backgrounds because of age, color, It sholl be an unfair or discrimina- creed, nolionol origin, race, religion, tœry practice for any edncatWnol insti- rrwritol stotns, sex or physicol disabi- tuti<m to discriminate on the basis of lity. sex in any program or activity, Such (c) Oreditor to refuse to offer credit life discriminolœry practices shaU include or heolth and accident insurance but not be limited to the foUowing because of color, creed, nolWnol ori- practices: gin, race, religi<m rrwritol status, age, ( 1) On the basis of sex, exclnsimt of a physirol disability or sex. Refusol by a person or persons front participoii<m !n, creditor to offer credit life or heolth and denin1 of the benefits of. or subjecti<m to accident insurance based upon the age discrimino1i<m in any academic, extra- or physicol disability of the consumer curriculor, research, occupo1ionol sholl not be an u'l1}'oir or discriminatory training or other program or activity practice if such denial is based solely except athletic programs; upon bona fide underwriting considera- (2) On the basis of sex, denial of tions not prohibited by the State Code contporable opportunity in intramurol of Iowa or United States Code. and interschow.tic athletic programs; The provisions in this secti<msholl (9) On the basis òf sex, discrimina- nol be construed by negolive implica- ti<m ontong persons in employment and tions or otherwise to narrow or restrict the canditi<ms thereof; any other provisions of this chopter." (4) On the basis of sex, the applica- Section 10. That the Code of Ordi- ti<m of any rok concerning the actual or nances of the City of Dubuque, Iowa be 230 Regular Session, June 4, 1979 and the same is hereby amended by repealing Section 21-79 of Article IV thereof and enacting a new Section 21-79 of Article IV in lieu thereof to read as foUows: "See. 21.79. Time limitation for filing complslnt. A claim under this chapter sholl not be rrwintoined unless a contpbJint is filed wilh the contmission within one hun- dred eighty dßys ofter the aUeged discriminatory or unfair practice occurred. " Section 11. That the Cods of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby amended by enacting a new Section 21-80 of Article IVthereofto read asfoUows: "See. 21-80. One hundred twenty day administrative release. ( a) A person claiming to be aggrieved by an unfoir or discnim'natory practice must initiaUy seek an administrative . relief by filing a contploint with the contmission in accordßnce with Section 21-77. A contploinant, ofter the proper filing of a contploint with the contmis- sian, may subsequently contmence an acti<mfor reliefin the district court ifaU of the foUowing conditi<ms have been satisfied; (1) The complainant has timely filed the comploint with the contmissi<m as provided in Secti<m 21-79, (2) The contplaint has been on file with the commissi<m at least one handred twenty dßys and the contmissi<m has issued a release to the contplainant pursuant to subsecti<m (b) of this secti<m, ( b) Upon a request by the contplainant, I and ofter the expirati<m of one handred twenty doys front the timely filing of a contplaint with the contmission, the commission sholl issue to the contploin- ant a release stating that the contplain- ant has a right to contrmmce an acti<m in the district court. A release onder this subsecli<m sholl not be issued if a firuling of no probable cause has been made on the contp!eint by the hearing officer charged with the duty under Secti<m 21-81, or a conciliati<m agree. ment has been executed or the commis- sion has served notice of heoring upon the resvandent. (c)An action authorized under this secti<m is barred unless comme1/£ed within ninety dßys after issnance by the commissf~ of. ~ release under sub- obtains a release front the commission onder subsecti<m (b) of this section, the contmissi<m sholl be borredfrontfurther acti<m on that contplaint. 231 (d) Venue for on action under this secti<m sholl be in Dubuque County, ( e ) The district court may grant ony relief in an action under this secti<m which is authorized by Secti<m 21-89 to be issued by the commission. The district court moy 0180 award the respondent reasonable attorney's fees and court costs when the court finde that the complainants action was frivo- lous. " SectIon 12. That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby amended by repeoling Section 21-81 of Article IV thereof and enacting a new Section 21-81 of Article IV in lieu thereof to read as foUows: "See. 21-81. Noti..; investigation. After the filing of a verified com- pbJint, a true copy sholl be serued within twenty dßys by certified moil on the person agoinst whom the complaint is filed. An authorized member of the commissi<m staff sholl 11Wke a prompt investigati<m and sholl issue a recom- mendati<m to a heart'ng officer under the jurisdiction of the contmissian, who sholl then issue a determinati<m of probable cause or no probable cause. For purposes of the Code, a heartng officer issuing a determilwtion of pro- bable cause or no probable cause under this secti<m sholl be exempt front the provisi<ms of seventeen A point seven- teen (17A.17) of the State Code of Iowa. If the heoring officer concurs with the Investigating officioJ that probable cause exists regording the aUegations of the contplaint, the srojf of the cont- missi<m sholl promptly endeavor to eliminate the discriminatœry or unfoir practice by c<»iference, conciliati<m and persuasúm. If the heart'ng officer ftiuJJJ that no probable cause exists, the heaTIng officer sholl issue a ft'nat order dismissing the complainant and shaU prontptly mnil a copy to the complm.'nant and to the respondent by certified moil. A firuling of probable cause sholl not be IntrothJ£ed into evidence in an acti<m brought under Secti<m 21-80. The commission stoff mnst ondeavor to eliim'nate the discriminatœry or wnjoir practice by conference, conciliati<m and persuasi<m for a period of thirty dßys foUoWlng the initial conciliation meeting between the respondent and the com- mission staff ofter a finding of probable cause. After the expirati<m of thirty rWys, when the director determines the procedure is unworkable by reason of past patterns and practices of the respondent, or a statement by the respondent that the respandent is un- wilh'ng to contInue with the conciliati<m, -- - - - Regular Session, June 4, 1979 Regular Session, June 4, 1979 233 232 missi<m determines that the respondent has engaged in a discriminatory or unfair practice, the commission shaU state its findings of fact and conclusions of ÙlW and sholl issue an order requiring the respondncnt to cease and desist from the discriminatory or unfair prac- tice and to tolce the necessary remedial action as in the judgement of the com- missi<m win carry out the purposes of this chapter, A copy of the order shan be delivered to the respondent, the comploinant, and to any other public officers and persons as the commission deems proper, ( a) For the purposes of this subsection and pursuonl to the provisions of this chapter, 'remediol action' includes but is not limited to the foUowing: ( 1 ) Hiring, reinslalement or upgrad- ing of employees with or without pay, Interim earned Income and unemploy- rmmt compensation sholl operate 10 reduce the pay otherwise o1lowable, (2) Admission or restorati<m of indi- viduols to a labor organization, admis- si<m to or participati<m in a guidance program, opprenticeship training pro- gram, on-the-job training program or other occupationol training or retraining program, with the utilizati<m of objec- tive criteria in the admission of indivi- duols to such programs, ( 9) Admission of individuols to a public accommodoli<m or an education in- stituti<m. (4) Sale, exchange, lease, rentol, assignment or sublease of reol property to an individuol (5) Extension to aU indivUiuols of the !aU ond equol enjoyment of the advan- tages, facilities, privileges and ser- vices of the respondent denied to the comploinant because of lhe discrimi- natory or urifair practice, (6) Reporting as to the manner of compliance. ( 7) Posting notices in conspicuous places in the respondent's place of business in form prescribed by the commission and inclusi<m of notices in advertising material. ( 8) Payment 10 the complainant of dßmages for an injury caused by the discriminalory or unfair practice which dßmages shaU include but are not limited to actuol dßmages, court costs and reasonable attorney fees. ( b) In oddition to the remedies pro- vided in the preceding provisions of this section, the commissi<m may issue an order requiring the respondent to cease and desist from the discriminatory or uufair prw;tice and to toke such affirm- ative acti<m as in lhe judgment of the commission will carry out the purposes of this chapter as foUows: (1) In the case of a respondent operat- ing by virtue of a license issued by the state or a politicol subdivision or agency, if the commission, upm¡ notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discrimina- tory or unfoà practice and that the practice was authorized, requested, commanded, performed or k:1wwingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his or her employment, the commission shaU so certify to the licensing agency, Unless the commis- sion finding of a disCT'!minatory or unfair practice is reversed in the course of judicial review, the firuilng of discrimin- ation is binding on the licensing agency, If a certification is made pursuant to this subsection, the licensing agency may ,nilwte licensee disciplinary pro- cedures, (2) In the case of a respandent who is found by the commission to have engaged in a discrirru'natory or unfair practice in the course of performing under a contract or subcontract with the state or politicol subdivision or agency, if the practice was authorized, requested, commanded, performed, or k:1wwingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent actIng within the scope of his or her employ- rmmt, the commission shan so certify to the contracting agency. Unless the commission's finding of a discriminatœry or unf""r practice is reversed in the course of juÆcial review, the finding of diSCT'!'rnination is binding on the con- tractIng agency. ( 9) Upon receiving a certificati<m made under lhis section, a contracting agency may toJœ appropriate action to termIn- ate a contract or porti<m thereof pre- viously entered into with the re- spondent, either absolutely or on con- dition that the respondent carry out a program of complwnce with lhe provi- si<mB of this Code; and assist the state and aU politicol sabdivisions and agencies thereof to refrain from enter- ing into further contracts, (c) The election of an afft'rrrmtive order under paragraph (b )ofthe secti<m shaU not bar the election of affirmJItive remedies provided in po:ragroph (a) of this section. If, upm¡ taking into considerati<m aU of lhe evidence al a hearing, the commission ft'ruls that a respondent has not engaged in any sru:h discriminatory or unfair practice, the commission shaU issue an order denying relief and stating the findings of fact and conslusi<ms of the commission, and shaU cause a copy of the order dismisSIng the comploint to be served by certified mail on lhe complo.,mnt and the respondnet, ( d) The terms of a conciliation agree- ment reached with the respondent may require him or her to refrain in the future from committing disCT'!'rninatory or unfair practices of the type stated in the agreement, to toJœ remedial acti<m as ,n the judgment of the commission win carry out the purposes of this Code, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation agreement. Violati<m of sru:h a consent decree may be punished by contempt by the court In which it is filed, upon a showing by the commissi<m of the violati<m at any lIme with,n six months of its occurrence. In aU cases where a cmu:illati<m agreement is enter- ed into, the commissi<m shaU issue an order stating ils terms and furnish a copy of the order to the comploinant, the respondent and sru:h other persons as the commissi<m deems proper. At any time .n its discretion, the commis- si<m may Investigate whether the terms of the agreement are beIng complied with by the respandenl. Upm¡ a ft'nding that the terms of the concilwtion agreermmt are not beIng complied with by the respandent, the commission shan toke appropriate ac- tion to assure compliance, " Section 15. That the Code of Ordi- nances of the Cily of Dubuque, Iowa be and the same is hereby armmded by repeahng Section 21-86 of Article IV thereof and the same is hereby repeok'il and decÙlred naU and void and of no effect, "Sec. 21.86 !ù>served." Section 16. That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby amended by repeoJing Section 21-87 of Article IV thereof and enactIng a new Section 21-87 of Article IV in lieu thereof to rend as foUows: "Sec. 21-87. Judicial review; enforce- ment aetioDB. (a) Judiciol review of the actions of the commissi<m may be so11ght In accor- dßnce with the terms of the Iowa Administrative Procedure Act. Nol- wilhslanding the terms of such Act, petition for judiciol review may be filed In the district court in which an eriforcement proceeding under para- graph (b) of this section may be sought. For purpo8es of lhe tIme h'rnit for filing a petition for judicial review under the Iowa Administrat,'ve Pro- cedure Act, the issuance of a finol deci- sion of lhe commissi<m under this lhe director may order the concilwtion, conference and persuasion procedure provided In this section to be bypassed. The director must have the approvol of a commissi<mBr before bypassing the concilwti<m, conference and pers_i<m procedure. Upm¡ the bypasSIng of concilwti<m, the director shan state In writing the reasons for bypassing and rrwJce this stolement part of the corres- ponding permanent case record. " Section 13. That the Code of Ordi- nances of lhe City of Dubuque, Iowa be and the same is hereby amended by repeollng Section 21-82 of Article IV lhereof and enacting a new Section 21-82 of Article IV in lieu thereof to read as foUows: "Sec.21-82. Proceedings upon failure 00 reaeh settlement by conciliation. (a) When the director is satisfied that further endeavor to settle a comploint by conference, conciliati<m and persua- si<m is unworkable and shauld be bypassed, and the thirty dßy period provided for in Seclion 21-81 has expired withaut agreement, the direc- tor with the approvol of a commis- si<mBr, shaU issue and cause to be served a written notice: (1 ) specifying the charges In the comploint as they may have been ameru1æd and the reasons for bypassing further concilia- tion: (2) requiring the respondent to answer the charges of the comploint at a hearing before the commission, a commissioner, or a person designoted by the commission to canduct the hearing, hereafter referred to as the hearing officer, and (9) speciftflng a time and place. " ( b ) The case in support of such com- ploinl shan be presented at the hearing by one of the commission's attorneys or agents, The investigating officio1 shaU not perticipate in the hearing except as a witness, nor shan the official partici- I pole in the deliberations of the commis- si<m in sru:h case, (c) The hearing shan be canducted in accordßnce wilh the provisions of chap- ter seventeen A (17 A) of the Code for contested cases. The burden of proof in such a hearing shan be on the commis- si<m," Section 14. That the Code of Ordi- nances of the City of Dubuque, Iowa be and lhe same is hereby amended by repeollng Section 21-89 of. Article IV thereof and enacling a new Section 21-89 of Article IV In lieu thereof to read as foUows: "Sec. 21-83. Finding!i by commission; available remedies; ..... and desist order. If, upon taking into considerati<m aU of lhe evidence at a hearing, the com- Regular Session, June 4, 1979 Regular Session, June 4, 1979 234 235 review is instituted within thirty (90) dßys from the service of an order of the commission under Section 21-89, the commission may obtain an order of the court for the enforcement of such order upon showing that respondent is subject to the jurisidicti<m of the commissi<m and resides or transacts business wilhin the county in which the petition for enforcement is brought, " Section 17. Tho1 011 ordinances or parts of ordinances in conflict with this ordl'narwe are hereby repeoled, Passed, approved and adopted this 4th day of June, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members chapter occurs on the date notice of the decision is nwiled by certified mail to the parties. ( b) The commission may obtain an order for the enforcermmt of commis- si<m orders in a proceeding as provided in this secti<m. Su£h an enforcement proceeding shan be broughl in the district court of the district In the county In which the aJ1egeddiscrimin- atory or unfair practice which is the subject of the commission's order to cease or desist from a discriminotory or unfair practice or to toke other riffirmo- tive action resides or transacts business. (c) Su£h an enforcement proceedIng shan be Initin.ted by the filing of a petiti<m In such court and the service of a copy thereof upon the res¡xmdent, Thereupon, the commission shan file with the court a transcript of the record of the heartng before it, The court shan have power to grant such temporary reUef or restraining order as it deems just and proper, and to make and enter upon the pleoo.ngs, testimony and pro- ceedIngs set forth in such transcript and order enforcing, modifying and enforc- Ing as so modified, or setting aside the order of the commission in whole or In part. (d) An objecti<m thol has not been urged before the commissi<m shan not be considered by the court in an enforcement proceeding unless the fail- ure or neglect to urge such objecti<m shan be excused because of extruordi- nœry circumstances. ( e ) Any part to the enforcermmt pro- ceed.ng may move the court to remit the case to the cmnmission In the Interests of justice for the pu'lpOse of adducing additWnol specified and moleriol evidence and seeking findIngs thereof, providing such party shan show reasonable grounds for the failure to adduce such evidence before the com- missi<m. (f) In the enforcermmt proceedings the court shaU determine its order on the same basis as it 'UJ()!I}d in a proceeding revieWIng commission action under sec- tion 17A.19 of the State Code of Iowa. (g) The cmnmission's copy of the testi- mony shan be available to aU parties for exa:minotion at 011 reasonable times, without costs, and for the purpose of judicin1 review of the cmnmission's orders. (h) The cmnmission may appear in court by its own attorney. (i) Petiti<m filed under this secti<m shan be heard expenditionsly and determined upon the transcript filed without re- quirementfor hearing. (j)If no proceeding to obtain judicial Nays~None. Petition of Pickett's ,,¡ Dubuque objecting to vacation of Tower St" presented and read, Council Member Brady moved to suspend the rules to let anyone present to address the Council if they so desire. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Joe Pickett spoke to the petition being of the opinion that the vacation was premature: SholÙd wait until they have a complete program regarding freeway. Council Member Tnlly moved that the petition of Pickett's be referred to the City Manager for investigation and report. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Petition of The Colts Drum & Bugle Corps requesting Financial Assistance (tabled from last meeting), presented and read. Dale Nederhoff, President of Bugle Corps, spoke to the Petition stating the Colts were founded in 1963, They are a non-profit educational orgauization: Have grown considerable: Now number about 250 kids: Colts Corps have grown an additional 15 to 21 members and Color Guard grown an additional 20 to 30 members: Need financial help this year. Council Member Tnlly moved that the Petition of The Colts Drum & Bugle Corps be referred to the City Manager and Recreation Commission to consider assistance. Seconded by Council Mem- ber Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None, Communication of Dubuque Down- town Ass'n. informing the City of holding Plaza Fest Days on June 21 thru 24th and requesting if additional licenses and permits are needed, pre- sented and read. Council Member Tully moved that the communication be re- ceived and filed and approved subject to coordination and Staff. Seconded by Council Member Farrell. Carried by the following vote: Yeas-mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Peter J. 'I'alms, Jr. advising of acquiring the former Mil- waukee Railroad Passenger Station and in order to clear title would like to purchase any possible interest the City might have, presented and read. Peter J. Takos, Jr., addressed the Council advising he has received the right to purchase property from Mil- waukee R.R. which is now in bank- ruptcy: Advised the property is not in path of proposed freeway. Council Member Tully moved that the communication of Peter J. Takos, Jr., be referred to the Ctiy Manager, Staff and Corporate Counsel. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None, Communication of City Manager ad- vising that the staff has reviewed the report of Asbury Water Study, suggest- ing a series of mutual arrangements between Asbury & Dubuque for water services, presented and read. Council Member Tully moved that the communication be received and filed and City Manager authorized to con- tinue discussion with Mayor of Asbury. Seconded by Council Member Farrell. Canied by the following vote: M~:';:-'~~d~, ~u~~;: iill~~cil Nays-None. A RESOLUTlON authorizing signing of a memorandum of Agreement for the City to issue $1.5 mlliion Industrial !ù>venue Bonds - Dodge Street Internist Doctor's Clinic, presented and read. James Munro, spoke to the !ù>solu- tion making reference to Ordinance No. 2-75-- They are prepared to issue check in the amount of $3500: Advising financ- ing fee of $5000 also be charged. Council Member Brady moved that the resolution be referred to the Clty Manager and Corporate Counsel to report back not later than JlÙY 2, 1979 Council Meeting. Seconded by Council Member Farrell. Carried by the followin~ vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Concerned Citizens for Low Income People snbmitting a list of qnestions relative to the FY '79 Community Development Block Grant Entitlement Application for Council and Staff review prior to final determination by HUD, presented and read. Council Member Tnlly moved that the communication be received and filed and referred to the City Manager and Staff. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tnlly. ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 11th day of June 1979. Leo F. Frommiet City Clerk It6/11 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays~None. Communication of Civil Aeronautics Board seeking assistance of State and Municipal representatives to provide some information about economic base, travel patterns etc. as part of program of the Airline Deregulation Act of 1978, presented and read. Council Member Tully moved that tbe communication be referred to the Air- port Manager and Airport Commission. Seconded by Council Member Brady. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Petition of Fischer Investiment Co. requesting vacation of Tower Street between 6th & Wall Street and the alley which lies between City Lots 1-12 incL and 13-24 incl. in Block 25 of Dubuque Harbor Improvement Co.'s Addn., pre- sented and read. Council Member Tully moved that the petition be referred to the City Man- ager for investigation and report. Seconded by Council Member Brady. Canied by the following vote: Yeas-Mayor Wertzbergr, Council Member Brady, Farrell, King, Tnlly. - ~-- 236 Regular Session, June 4, 1979 Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Members Brady, Tully, Council Member Brady moved that the Street Program be tabled. Second- ed by Council Member Tnlly, VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Members Brady, Tully, Nays-Mayor Wertzberger, Council Members Farrell, King, MOTION FAILED, RESOLUl10NNO.I42-79 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, lOWA: Nays-None. Communication of Atty, Robert J. Laird, representing Norvall Shappell, who desires to use dignified repre- sentations of City & County monuments on a series of beer cans bearing the name of "Key City Beer", presented and read. Joe Pickett spoke to the communica- tion voicing no objections to the re- quest, Council Member Tnlly moved that the communication be received and filed and Council does not interpose any objections, Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of City Manager sub- mitting a report on research made relative to the transportation of radio- active material thru the City, indicating that tbe City is safe from the transpor- tation of nuclear material, presented and read. Ann Bodnar, Paill Fuerst and Dan Ubener addressed the Council relative to the communication, urging the City to pass the Ordinance pertaining to transportation of radioactive material thru the Clty. Council Member Brady moved that the communication of the City Manager be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Council Memhers Brady, Far- rell, King. Nays-Mayor Wertzberger, Council Member Tully. AN ORDINANCE amending the Code I of Ordinances of the Clty of Dubuque, by enacting a new Chapter IB'h thereof to provide for the regulation of radio- active materials transported to the Clty of Dubuque, and to provide for penal- ties for the violation tbereof, presented and read. Council Member Brady moved that the reading just bad be considered the first reading of the Ordinance. Second- ed by Council Member Farrell. Carried by tbe following vote: Yeas-Council Members Brady, Far- rell, King. Nays-Mayor Wertzberger, Council Member Tully. Communication of City Manager sub- mitting plans, specs., and estimates for the 1979 Aspbalt paving Project No.1, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member TlÙly. Carried by the following vote: Section 1. That the attached sheets No.1 to 20, inclusive, are hereby determined to be the schedule of proposed assessments for the Oity of Thbnque 1979 ASPHALT PAVING PROJECT NO, 1, and the voluoti<ms set o1d thereIn, are hereby approved. Adopted this 4th day of June, 1979. Richard Wertzberger Mayor D. Micbael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk Council Member Farrell moved adop- tion of the !ù>solution. Seconded hy Council Member Tnlly. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Members Brady, Tully. RESOLUl10NNO.143-79 BE IT RESOLVED by the City Council of the Clty of Dubuque, Iowa, that the proposed plans, specifications, form of contract, plat and etc. for the CITY OF DUBUQUE 1979 ASPHALT PAVING PROJECT NO.1, consisting of: 1. Alley at City Hall from Central Avenue to Iowa Street, 2. Alpine Street from the N.P.L. of Dodge Street ot the S.P,L. of University Avenue. 3. Bluff Street from the north curb line of Dodge Street to the south curb line of Jones Street. 4. Burch Street from the S,P.L. of Hili Street to the N.P.L. of Fenelon Place. 5. Devon Drive from the north curb line of Dodge Street to the south curb line of Mineral Street. Regular Session, June 4, 1979 I 6, Dodge Street crack filling from Bluff Street to Grandview Avenne, 7. Dove Street from the soutb curb line of Sunset Park Circie to a point 440' south therefrom, 8, Fifth Street from the west curb line of Locust Street to the east curb line of Bluff Street. 9. Nevada Street from the N,P.L. of Dodge Street to the S.P.L. of West Third Street. 10. Ninth Street from the N,P.L. of Central Avenue to the W,P.L, of White Street. 11. O'Neill Street from the W.P.L. of Burden Avenue to the W.P.L. of Brunswick Street. 12. Peunsylvania Avenue from the west curb line of Chaney Road to the east curb line of Lenox Avenue. 13. Rockdale Road from tbe south curb line of Grandview Avenue to a point 150' south of Kehl Court. 14. Rosemont Street from the north a point 200' north of Creston Street, 15. Sunset Park Circle from the west curb line of John F. Kennedy Road to a point 330' north of Meggan Drive. 16. White Street from Fourth Street to Fifth Street and from Sixth Street to Eighth Street. 17. Windsor Avenne from the W.P.L. of Rhomberg Avenue to the W.P.L. of East 22nd Street. 18. Wood Street from the N.P.L. of Loras Blvd. to the S.P.L. of Rose- dale Avenne, in the estimated amount of $468,312.88, presented and read. Council Member Farrell moved adop- tion of the !ù>solution. Seconded by Council Member Tnlly. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Members Brady, Tully. (Necessity for Improvement) RESOLUl10N NO. 144-79 WHEREAS, proposed plans, spec- ifications, form of contract, plat and sohedille have been duly prepared and approved by the Clty C.:ouncil of the Clty of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits, if any 2. The streets to be improved. 3. The width of such improvement, 4. Each lot proposed to be assessed to- gether with a valuation fixed by the council. 5. An estimate of the cost of the pro- 237 posed improvement, stating the same for each different type of construction and kind of material to be used. 6. 10 each case the amount thereof which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1979 ASPHALT PAVING PROJEGI' NO. 1. 1. Alley at City Hall from Central Ave. to Iowa Street 2, Alpine Street from the N.P.L. of Dodge Street to the S.P.L. of Uni- versity Avenne 3. Bluff Street from the north curb line of Dodge Street to the south curb line of Jones Street. 4. Burch Street from the S.P.L, of Hill Street to the N,P.L. of Fenelon PlaCe. 5, Devon Drive from the north curb line of Dodge Street to the south curb line of Mineral Street 6. Dodge Street crack filling from Bluff Street to Grandview Avenne. 7, Dove Street from the south curb line of Sunset Park Clrcle to a point 440' south therefrom, 8. Fifth Street from the west curb line of Locust Street to the east curb line of Bluff Street. 9. Nevada Street from the N.P.L. of Dodge Street to the S.P.L. of West Third Street. 10. Ninth Street from the E.P.L. of Central Avenue to the W,P.L. of White Street. 11. O'Neill Street from the W.P.L. of Burden Avenue to the E.P.L. of Brunswick Street 12. Pennsylvania Avenue from the west curb line of Chaney Road to the east curb line of Lenox Avenue 13. Rockdale Road from the south curb line of Grandview Avenue to a point 150' south of Kehi Court. 14. Rosemont Street from the north curb line of Pennsylvania Avenue to a point 200' north of Croston Street. 15. Sunset Park Circle from the west curb line of John F. Kennedy Road to a point 330' north of Meggan Drive. 16. White Street from Fourth Street to Fifth Street and from Sixth Street to Eightb Street. 17. Windsor Avenne from the W.P.L. of Rhomberg Avenne to the W.P.L. of East 22nd Street. 18. Wood Street from the N.P.L. of Loras Blvd. to the S.P,L. of Rose- dale Avenue. BE IT THEREFORE RESOLVED that the City Còuncil on its own motion Regular Session, June 4,1979 Regular Session, June 4,1979 239 238 City of Dubuque, Iowa, has by !ù>solu- tion No. 143-79 given its preliminary approval on the proposed plans, specif- ications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of: CITY OF DUBUQUE 1979 ASPHALT PAVING PROJECT NO. 1. 1. Alley at City Hall from Central Avenue to Iowa Street 2. Alpine Street from the N,P.L. of Dodge Street to the S.P.L. of Uni- versity Avenue 3. Bluff Street from the north curb line of Dodge Street to the south curb line of Jones Street. 4. Burch Street from the S.P,L. of Hili Street to the N,P.L. of Fenelon Place. 5. Devon Drive from the north curb line of Dodge Street to the south curb line of Mineral Street. 6. Dodge Street crack filling from Bluff Street to Grandview Avenue. 7. Dove Street from the south curb line of Sunset Park Clrcle to a point 440' south therefrom. B. Fifth Street from the west curb line of Locust Street to the east curb line of Bluff Street. 9. Nevada Street from the N.P.L. of Dodge Street to tbe S.P.L. of West Third Street. 10. Ninth Street from the E.P,L. of Central Avenue to the W.P.L, of White Street. 11. O'Neill Street from the W.P.L. of Burden Avenue to the E.P.L. of Brunswick Street. 12. Pennsylvania Avenue from the west curb line of Chaney Road to the east curb liue of Lenox Avenue. 13. Rockdale Road from the south curb line of Grandview Avenue to a point 150' south of Kehl Court. 14. Rosemont Street from the north curb line of Pennsylvania Avenue to a point 200' north of Croston Street. 15. Sunset Park CIrcle from the west curb line of Jobn F. Kennedy Road to a poiut 330' north of Meggan Drive. 16. White Street from Fourth Street to Fifth Street and from Sixth Street to Eighth Street. 17. Windsor Avenue from the W.P.L. of Rhomberg Avenue to the W.P.L. of East 22nd Street. 18. Wood Street from the N.P.L. of Loras Blvd. to tbe S.P.L. of Rose- dale Avenue. and, WHEREAS, the proposed !ù>solution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of Jilly, 1979, a public hearing will be held at 7:30 o'clock P.M. CDT in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improve- ment may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvemeut, to the amount proposed to be assessed against any lot and to the passage of the proposed !ù>solution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such bearing to be published in some newspaper published ~h~~e sl:.1ì J:! Z"tbï~~e'th;::'e !if~a;! prior to the day fixed for its con- sideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of June, 1979. Richard Wertzberger Mayor D. Michael King Carolyn Farrell Council Members or upon petition of property owners deems it advisable and necessary for the public welfare to make tbe herein mentioned improvement, and unless property owners at the time of tbe final consideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objections thereto. published 5-25-79, presented and read. Council Member Tully moved that the proofs of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Boards & Commission Study Group submitting the consideration to ad- justed application forms regarding age, race, sex, etc., Communication of Com- munity Development submitting names of Charlotte Kelly & Norbert B. Laufen- berg to positions as members of Hous- ing Code Advisory and Appeals Board, presented and read. Council Member Tnlly moved that the adjusted form be referred to the Council to consider adjustment. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberge, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Farrell moved to accept proposal as stated regarding TV Cable Commission and amend 3(a) of Sec. 36-182 which stipillates that 9 Commissioners shall each serve for a period of two years. Seconded by Council Member Tnlly. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Farrell moved that the Council Member Tully be appointed to represent the City, as requested by the Chamber of Commerce, on the Business & Economic Counsel and Gent Wittenberg be appointed to serve on tourism for the Chamber of Commerce. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tnlly. Nays-Council Member Brady. RESOLUl10NNO.146-79. BE IT RESOLVED, By the CIty Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubu- que, Iowa, be granted a permit to sell Clgarettes and Clgarette Papers with said Clty. Charles AdantS David E. AdantS Dick Albert Daniel Bauer Richard Bracewell WilliamF. Dunne Garry Heiar William Hancock Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by tbe City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts there- on or is adjacent thereto according to area and in proportion to the special benefits .conferred thereby, and any deficiency shall be paid out of the Road Tax Fund. Street bonds shall be issued and sold in anticipation of deferred payments of assessments when a con- tract has been performed and accepted and the proceeds thereof used to pay the contractor. The rallway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered palced on file with the City Clerk this 4th day of June, 1979. Approved and placed on file for final action. Approved: Richard Wertzberger Mayor D. Michael King Carolyn Farrell Conncil Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the !ù>solution. Seconded by Council Member Tully. Carried by the following vote: ~as-Ma~~rt~~r, Council Members Farrell, King. Nays-Council Members Brady, Tully. Council Member Brady moved for a tabling motion on the 1979 Asphalt Street Paving Program due to no S:~d;dtib~ Æ:~il tM.::~e~;: Roll call ou the motion was as follows; Ayes-Couucil Member Brady, Tnlly. Nays-Mayor Wertzberger,. Couucil Members Farrell, King. MOTION FAILED. Proofs of Publication, certified to by the Publisher, of Notices of acceptance of applications for citizen vacancies on the Ambnlance Stndy Task Force, also vacancies to be considered on Board of Honsing Code Advisory and Appeals, ATTEST: Leo F. Frommelt Clty Clerk Council. Member Farrell moved ap- proval of the !ù>solution. Seconded by Council Member Tnlly. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Councll Members Brady, Tully. 20th & Jackson St. 205 Locust St. 3200 Central Ave. 351 Dodge St. 3275 Central Ave. Jones & Locust St. 1413 Rockdaie Rd. 2205 Carter Road (Fixing date of hearing ) RESOLUTION NO. 145-79 WHEREAS, the Clty Council of the Regular Session, June 4, 1979 Regular Session, June 4,1979 . Grocery 1233 Rhomberg Montgomery Ward 555J.F,K. Rd. Mulgrew Oil Co" Meyer's D.X. 3355 pennsyl. Ave, Martin Car Wash 2175 Central Martin Oil 280 Locust St. Miracle Car Wash 255 Locust St, Nash Finch Co, J.F.K.-Hwy 20 W. 241 240 CLASS "C" BEER PER1\ßT Cremer Grocery Company 731 Rhomherg Ave. (Also Sunday Sales) Members Brady, Farrell, King, Tnlly, Nays-None. Abstain-Council Member Brady on the American Legion. Communication of State Auditor's Office submitting an Audit !ù>port of Highway Safety Program, Dubnque Police Department from October 1, 1976 to September 30, 1977, presented and read, Council Member Tnlly moved that the commuuication be received and filed, Seconded by Council member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tnlly, Nays-None, Communication of City Development Board submitting comments to the petition of voluntary annexation of property owned by Gantz Enterprises to the Clty of Sageville, presented and read. Council Member Tully moved that the commuuication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council members Brady, Farrell, King, Tnlly, Nays-None. Council Member Brady moved that City Staff ~epresent City Council before Clty Development Board to object to annexation of Gantz property, also how Sagevllie affects City of Dubuque spec- ifieally Gantz property, Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communieation of E.C.I.A, submit- ting proposal of City of Sageville of voluntary annexation of 18 acres, pre- sented and read. Council Member Tully moved that the commuuication be received and filed. Seconded by Council Member King, Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Natural !ù>sources Council advising approval of dredging along the Mississippi and formal Council approval will not be required, however other agencies might be contacted other than State and Federal in order to assure compliance, presented and read. Council Member Tnlly moved tbat the communication be received and filed. Seconded by Council member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None, 1\ßNUTES SUBMITTED--Commun- Junnie & Chuck's Sport Center 2095 Kerper Blvd. David Leach 330 East 20th St. 5th & Locust St. 690 W. Locust St. 300 S. Locust St. 2501 Rhomberg 1585 Delhi St, 1105 University 9th & Central Ave. 32nd & Jackson 3305 Asbury Rd. 2093 Washington Milton Marty Mike McCann's Sear-Roebuck Co. Francis J. Sbanaban Steve Smith Steve Smith Gary Stewart Joseph Sutter Brian Vincent Kathieen Walsh Passed, adopted and approved this 4th day of June 1979. Richard Wertzberger Mayor Thomas A, Tully, Jr, D. Michael King Carolyn Farrell James E, Brady Council Members Eugene A. Otting 1458 Jackson St, Thelma Paradiso 3050 Asbury Rd, !ù>gal "8" Inn 2680 Dodge St. Patricia G. Revelle 2776 Jackson St, Riverside Bowl 1860 Hawthorn Robert's Food Serv.62 Locust St, Ruegnitz Drug 629 Rhomberg John L. Savary 827 Dodge St. Donald J. Schute 1646 Asbury Rd. Linda L, Sheldon 719 Peru Rd. J.D. Street & Co" Inc. Uuiversity-Hwy 20 Sunnycrest Mauor 2375 Roosevelt RaymoudL. Tschiggfrie 1190 Dodge St. Ronald J. Fens 1121 University David Koeller 2987 Jackson J. F. Glynn 760 E. 16th St. Passed, adopted and approved this 4tb day of June, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D, Michsel King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F, frommelt City ('1erk Council Member Tully moved adop- tiou of the !ù>solution. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None, RESOLUl10NNO.148-79 Richard Albert 90 South Locust St. Dennis A. Althaus 25 Ruby St. Angel Investment 2699 Rockdale Rd. George K. Arvanitis 1958 Central Ave. Bar-X, Inc. 2616 Windsor Ave. Marie B. Becker 206 W. 3rd. St. Bishop Buffets, Inc. Kennedy Mall Alfred L. Brandt 2600 Central Ave. 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 occupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: C.K. of Dub" Inc. 3187 University Canfield Hotel, Inc. 36 W. 4th St. Clark Oil & !ù>fining Corp. 1005 Dodge St. Cremer Grocery 731 Rhomberg Ave. JohnJ.Dolan 336 Main St. Dub. Pack. Co. 701 E. 16th St. K. Fenelon Finer Foods !ù>st., Inc. 3130 Jackson St. Adelia Ferring 335 East 13th St. Holiday Oil Dist., Inc. 1685J.F.K. Rd. Holiday Oil Dist., Inc. 930 Dodge St. Holiday Oil Dist" Inc. 1401 Central Ave. Holiday Oil Dist., Inc. 605 Dodge Street Holiday Oil Dist., Inc. 400 Rhomberg Ave, Robert F. House 1618 Central Ave. Imperial Lanes 3505 Stoneman Rd, Iowa Oil Co. Sta. 331481 Dodge St. J & RC Inc. 431 Rhomberg Ave. Joter, Inc. 31 Locust St. Junnie's Lounge 2095 Kerper Blvd. K.C&S Co., Inc. 4th & Main St. Thomas E. Kessler 1993 Asbury Rd. JamesJ.& Robert D. Kiauer 1646 Asbury JoAnn H. Klauer 1097 Jackson St, Kopple's Mkt. Inc. 1098 University Francis Kuhle 3201 Central Liberty !ù>st. Inc. 4th & Central Lucky Stores, Inc. 200 S. Locust St. Lucky Store, Inc. 1800 Elm St. Lucky Stores, Inc. 3033 Asbury Rd. Lucky Stores, Inc. 3049 Asbury Rd. Mescher & Tench ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the !ù>solution, Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUl10NNO.147-79. WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and ap- proved: and WHEREAS, The premises to be occupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be issued to the following named applicants a Beer Permit. NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Man- ager be authorized to cause to be issued to the following named applicants a Liquor License, CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Riverside Bowl 1860 Hawthorne (Also Sunday Sales) Dub. Post No.6, American Legion 1300 DeIbI St. Passed, adopted and approved this 4th day of June 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michsel King Carolyn Farrell Council Members ATTEST: LeoF, Frommelt City Clerk Council Member Tnlly moved adop- tion of the !ù>solution. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council 242 Regular Session, June 4, 1979 ity Development Commission of 5-8, Historic Preservation Commission of 4-27 & 5-8, Zoning Board of Adjust- ment of 5-18, Housing Commission of 5-16, Dock Commission of 4-25, pre- sented and read. Council Member Tnlly moved tbat the minutes be received and filed. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council members Brady, Farrell, King, Tnlly. Nays-None. Communication of City Manager sub- rotting reports of City Treasurer, F1nance Director, Water Supt., Health Dept., also list of claims for month of April, 1979, presented and read. Council Member Tully moved that the communication be received and filed. I Seconded by Council member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council members Brady, Farrell, King, Tnlly. Nays-None. Proof of Publication, certified to by the Publisher, of List of Claims for month of April, 1979, presented and read. Council Member Tnlly moved that the proof of publication be received and filed. Seconded hy Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Mgr. recom- mending installation of a street light on an existing pole at 2616 University to :~t,~ ;àt~~~ederhold petition, pre- I Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member King. I Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Corporation Coun- sel recommending denial of persoual injury claim of Ncllie Hartman showing no actionable negligence on tbe part of the Clty, presented and read. Council Member Tnlly moved that the recommendation of denial be approved. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Corporation Coun- sel recommending denial of the personal injury claim of Peter B. Hermes. showing no actionable negligence on the part of the Clty, presented and read. Council Member Tnlly moved that the recommendation of denial be approved. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wcrtzberger, Council Members Brady, Farrell, King, Tully. Nays-None. NOTICES OF CLAIMS--Lynn Kings- ley, in the amount of $15., for wrecker expense incurred as the result of driving into a depression in tbe street at 554 Kaufmann Ave. on 5-24-79; Elsie Stieber, in the amount of $452., for personal injuries received in a fall on an icy sidewalk at 1404 Iowa St. on 12-4-78; Robert J. McCloskey, in the amount of $272.95, for car damage incurred as the resillt of scraping the side of his car while driving into tbe 8th St. Parking Ramp on 5-22-79; Lewis Wemett, in tbe amount of $60,000.. for car damage and personal injuries received as the result of being struck by a Keyline bus at Rhomberg & Windsor on 4-25-79: John Williams, for damages resulting from an accident caused by a Clty Employee on April 14, 1979, for personal injuries to hbnself and child: Notice of Suit to Dale S. Newton, in the amount of $275,000., as the resillt of malicious arrest and totally without cause on May 25, 1977: Mrs. Jea N. Wallis, in an undetermined amount, for personal injuries received in a fall at Walsh Parking Lot on 5-24-79, pre- sented and read. Council Member Tnlly moved that the Notices of Claims be referred to the Corporation Counsel for investigation and report. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Petition of Barbara J. Fury request- ing a refund of $422.50 for unexpired portion of Liquor License No. LC-I0258, discontinued business on 5-5-79, pre- sented and read. Council Member Tnlly moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, l'arrell, King, Tnlly. Nays-None. Proofs of Publication, certified to by the Publisher, of Public Notice of hearing for C. D. Funds for removal of architectural baniers for the Blind Society, published 4-3: Approval of Block Grant Funds, published 4-3: Ap- - plication for Fifth Year C.D. Funds \ published 4-30, presented and read. Council Member Tnlly moved that the proofs of publication be received and filed. Seconded by Council member Regular Session, June 4, 1979 King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. AN ORiOINANCE establishing temp- orary zoning regulations for territory involuntarily annexed to the City of Dubuque, Iowa, presented and read, Council Member Tnlly moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Tnlly moved that the rille requiring an Ordinance to be received and filed at two meetings prior to the meeting when fioal action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tnlly moved that a public hearing be held on the Ordinance on July 2, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Membera Brady, Farrell, King, Tnlly. Nays-None. There being no further business, Council Member Brady moved to ad- journ. Seconded by Mayor Wertz- berger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt Clty Clerk Approved 243 1979 1979 Adopt~ Council Members ATTEST: City Clerk ~~-~~ 244 Specisl Session, Jnne 12,1979 CITY COUNCIL OFFICIAL Special Session, June 12, 1979, Council met at 4:40 P.M. (C.D,T.) Present: Mayor Wertzberger, Coun- cil Members Farrell, King, Tnlly. Absent: Council Member Brady at roll call. Mayor Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of CONSIDERING APPLI- CATlONS FOR THE POSITION OF CITY MANAGER and acting upon such other business as may properly come before a !ù>gular meeting of tbe Coun- cil. At 4:34 P.M. Council Member Farrell moved to go into Executive Session to consider applications for the position of I City Manager. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Tully. Absent-Council Member Brady. Council Member Brady entered Ex- ecutive Session at 4:44 P.M. At 5:19 the Council reconvened in !ù>gular Session witb an announcement by Mayor Wertzberger that seven applications are still to be considered and interviewed, within tbe next two weeks, for the position of Clty Manager, There being no further business, Council Member Farrell moved to ad- journ. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt City Clerk Approved Adopted- 1979 1979 - - Council Members ATTEST: - Clty Clerk Special Session, June 18, 1979 245 CITY COUNCIL OFFICIAL Special Session, June 18, 1979. Coundl met at 7:30 !"M, (C.D,T.) Present: Mayor Wert;cberger, Council Memhers Brady, }'arrcll. King, Tully, City Manager Gilbert D. Chavenelle. Mayor Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of CONDUCTING PUBLIC HEARINGS ON VARlOUS ZONING REQUESTS and acting upon such other business as may properly come before a !ù>g-ular Meeting of the C"uncil. Proclamation proclaiming September 8. 1979 as "National Cancer Day", was so proclaimed by Mayor Wertzberger. Proof of Publication, certified to by the Puhlisher, of Notice of Public Hearing on rezoning of recently an. nexed area on Pego Court from AG Agricultural to R-2 !ù>sidential District Classification, presented and read, No written objections were filed and no oral objectors were present in the C,ouncil Chamber at the time set for the hearing. Council member Farrell mov- ed that the proof of publication be received and filed. &-eonded by Mayor Wertzberger, Carried by the following vote: Yeas-Mayo! Wertzherger, Council Members Brady, F'arrell, King. Nays-None. Abstain--Council Member TlÙly. ORDINANCE NO. 31-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DiX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND WNING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFY- iNG RECENTLY ANNEXED PR0- PERTY AT 1555 PEGO COURT FROM AG AGRICULTURAL DISTRICt' TO B-2 RESIDENTIAL DISTRICt' CLASSlF1CATION, said Ordinance having been previously presented and read at the Council meeting of may 21, 1979, presented for final adoption. ORDiNANCE NO. 31-79 AN ORDiNANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DiX A TIIEREOF, ALSO KNOWN AS THE "ZONING ORDiNANCE AND ZONING MAP OF THE CITY OF - DUBUQUE, IOWA" BY RECLASSIFY- ING RECENTLY ANNEXF~ PRO- PERTY AT 1555 PEGO COURT FROM AG AGRICULTURAL DISTRICt' TO R-2 RESIDENTIAL DISTRICT CLASSlF1CATION NOW, THEREFORE BE IT OR- DAINED BY THE CITY COUNCil, OF THE CITY OF DUBUQUE. lOW A: Section l. Thai the Code of O"di- nances of the City of Dubuque, Ìu'Wo be amended by revising Appendix A there- of, qh¡o known as the "Zoning Ordinorl£e and Zoning Map of the City of Dubuque, Iowo" to recÚl8sify hereinofter de. scrilled property from "AG AgriC'l1lturol District" cÚl8sificati<m to "R-2 Residen- tiol District" cÚl8sificaiion, to- wit: Lot 2 of Lot 1 of Lot 1 of "Beverly PÙws" in &ction 2, TablemDund Township, in the City of Dub'.que, Iowo Section 2. That the foregoing amend- ment has heretofore been approved by the Pi<mning and Zoning Commissi<m of the City of Dubuque, Iowa. Passed, adopted and approved this 18th day of June 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph Herald Newspaper this 22nd day of June, 1979. Leo F. Frommelt City Clerk 1t 6/22 Council Member Farrell moved final adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council members Brady, Farrell, King. Nays-None. Abstain-Council member King. Proof of Publication, certified to by the Publisher, . of Notice of Public Hearing on recently annexed area on Orchard St. (County) from AG to C-3 Arterial District Classification on lots in Center Grove Addn, , presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Tnlly moved that the proof of publication be received and filed. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. - - ~~~ - - ~~-- - 246 Special Session, June 18,1979 Nays-None. ORDINANCE NO. 32-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RE- CLASSIFYING RECENTLY AN- NEXED PROPERTY ON ORCHARD STREET FROM AG AGRICULTURAL DISTRICT CLASSIFICATION TO C-3 ARTERIAL BUSINESS COMMER- CIAL DISTRICT CLASSIFICATION, said Ordinance having been presently presented and read at the Council meeting of May 21, 1979, presented for final adoption. ORDINANCE NO. 32-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONINIi ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY RECLASS. IFYING RECENTLY ANNEXED PR0- PERTY ON ORCHARD STREET I FROM AG AGRICULTURAL DIS- TRICT CLASSIFICATION TO C-3 AR- TERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION NOW, THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A there- of, also k'lWwn 08 the "Zoning Ordinance and Zoning Map of the City of Dubuqne, Iowa; to reclo1;sify hereinafter described property jrrYm ':AG Agricvlturol Dis- trWt" clo1;sification to "C-9 Arteriol Business Commercio1 District" clo1;sifi- colim!, to-wit: Lot 12, Lot 19, Lot 14, Lot 15, Lot 16 and Lot 17 in Center Grove Additi<m in the City of Dubuque, IoU-'l Section 2. That the fwegoing amend- menthas heretofm'e been approved by the Planning and Zoning Commissi<m of the City of Dubuqne, Iowa. Passed, adopted and approved this 18th day of June 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 22nd day of June, 1979. Leo F. Frommelt City Clerk lt 6/22 Council Member Tully moved final adoption of the Ordinance. ~eeonded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Ordinance on property lying in the R-5 !ù>sidential District east of Kennedy Road and south of Eisenhower School to establish a Planned Unit Development, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Farrell moved that the proof 01 publication be received ani filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. ORDINANCE NO. 33-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A TIIEREOF, ALSO KNOWN AS TIlE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," WJllCH AMEND- MENT SHALL ESTABLISH A PLAN- NED UNIT DEVELOPMENT DESIG- NATION ON PROPERTY HEREIN- AFTER DESCRIBED LYING IN AN R-5 RESIDENTIAL DISTRICT EAST OF JOlIN F. KENNEDY ROAD AND SOUTH OF EISENHOWER SCHOOL IN THE CITY OF DUBUQUE, IOWA, SAID Ordinance having been previously presented and read at the Council Meeting of May 21, 1979, presented for final adoption. ORDINANCE NO. 33-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF Special Session, June 18, 1979 247 DUBUQUE, IOWA," WJllCH AMEND- MENT SHALL ESTABLISH A PLAN- NED UNIT DEVELOPMENT DESIG- NATION ON PROPERTY HEREIN- AFTER DESCRIBED LYING IN AN R-5 RESIDENTIAL DISTRICT EAST OF JOlIN F. KENNEDY ROAD AND SOUTH OF EISENHOWER SCHOOL IN THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A there- of, also k'IWwn as the "Zoning Ordinance and Zoning Map of the City of Dubuque, IoU-'l" by establishing a "Planned Unit Deve/iJpmem" designo1i<m on property in an "R-5 ResidentioJ Distrkt, " which reol estate is described, to-wit: Lot 1 of the Subdivisi<m of Lot 1 of Lot 1 of Block A in "Highln:nd Farm" in the City of Dubuque, IoU-'l Section 2. That the "Planned Unit Deve/iJpmem" designo1i<m œppÜed to the property herein described is a ten- tative rec!08sification and final adopti<m of the œmendrmmt as set forth in Secti<m 1 of this Ordinance slw11 be subject to the requirermmts of Article IV Secti<m 4-110.11.9 of Ordinance No. 92-75, k'lWwn as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," whereby final adopti<m of the "Plœmed Unit DeveloPrmmt" designa- tion is contingent upon submissi<m of a Final DeveloPrmmt P/m¡ by the deve- loPer, within six (6) menths of the effective time of this Ordl'narwe, and fu;rther, thatfaUure by the develoPer to comply with the requirermmts 08 set forth herein, slw11 autrrmnticaUy revert the property to its former "R-5 Resi. dentioJ DistrWt" c!08sificolion. Section 3. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commissi<m of the City of Dubuque, Iowa. Passed, adopted, and approved this 18th day of June 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 22nd day of June 1979. Leo F. Frommelt City Clerk lt 6/22 Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tnlly. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Ordinance by reclassifying property at 2084 Grace St, from ID to R-2 !ù>sidential District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Tnlly moved that the proof 01 publication be received and fded. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Membrs Brady, Farrell, King, Tnlly. Nays-None. ORDINANCE NO. 34-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS TIlE "ZONING ORDINANCE AND ZONING MAP OF TIlE CITY OF DUBUQUE, IOWA"BYRECLASSIFY- ING PROPERTY AT 2084 GRACE STREET FROM ID INSTrrUl10NAL DISTRICT CLASSIFICATION TO R.2 RESIDENTIAL DISTRICT CLASSIFI- CATION, said Ordinance having been previoDBiy p1'esented and read at the Council Meeting of May 21, 1979, H'esented for final adoption. ORDINANCE NO 34-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS TIlE .ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PRO- PERTY AT 2084 GRACE STREET FROM ID INSTrrUl10NAL DIS. TRlCT CLASSIFICATION TO R-2 RESIDENTIAL DISTRICT CLASSIFI- CATION. NOW, THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be œmended by revising Appendix A there- of, oko k'IWwn as the "Z<ming Ordinance 248 Special Session, June 18, 1979 and Zoning Map of the City of Dubuque, Iowa", to reclo.ssify hereinafter des- cribed property from "lD Institutiorwl Dislrict" clo.ssificati<m to "R-2 Residen- tiol District" clo.ssification, to-wit: Lot 5 of Hantelman's Subdivision andLot 20f Lot 2 of Lot 1 of Lot 6 of Hantelman's Subdivision in the City of Dubuque, Iowa Section 2. That the foregoing amend- rmmt has therefore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa, Passed, approved and adopted this 18th day of June 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Publisbed officially in the Telegraph Herald Newspaper this 22nd day of June, 1979. Leo F. Frommelt City Clerk lt 6/22 Council Member Tillly moved final adoption of the Ordinance. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Ordinance to establish a PUD on property lying north of Hogrefe Street and west of Sheridan Road, presented and read. Council Member Brady moved to suspend the rilles to let anyone present address the Council if they so desire. Seconded by Conncil Member Tillly. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Duane Giesler addressed the Council as being opposed to Hogrefe St. rezon- ing. Advised of no ingress and egress to property: No playground in area: !ù>quested entrance go from Sheridan Road and not close Hogrefre Street. Gus Martinson, representing HOMZ partners was of opinion they bave enongh capability to overcome problems on Peru Road. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Nays-Council Member Brady, Abstaining-Conncil Member Tully, OIIDINANCE NO. 35-79 AN ORDINANCE OF THE CITY m' DUBUQUE, IOWA, PROVIDING 'mAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPEN. DlX A THEREOF, ALSO KNOWN AS THE ZONING OIIDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", wmCH AMEND- MENT SHALL ESTABLISH A PLAN- NED UNIT DEVELOPMENT DE- SIGNATION ON PROPERTY HERE- INAFTER DESCRIBED LYING NORTH OF HOGREFE STREET WEST OF SHERIDAN ROAD IN THE CITY OF DUBUQUE, IOWA, said Ordinance having heeo previously pre- sented and read at the Council Meeting of May 21, 1979, presented for IinaI sdoption. Council Member Brady moved to Table the Ordinance. MOTlON DIED FOR LACK OF A SECOND. OIIDINANCE NO. 35-79 AN OIIDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING 'mAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING OIIDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," wmCH AMEND- MENT SlIALL ESTABLISH A PLAN- NED UNIT DEVELOPMENT DE- SIGNATION ON PROPERTY HERE- INAFTER DESCRIBED LYING NORTH OF HOGREFE STREET WEST OF SHERIDAN ROAD IN THE CITY OF DUBUQUE, IOWA NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That lhe Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A there- of, 0180 k:1wwn as the "Zoning Ordinance and Zoning Map of the Oily of Dubuque, Iowa, " by establisht'ng a "Planned Unit Development" desig¡wtion on property in an "R-4 Residenlial District," which reol estate is described, to-wit: Cmnrnencing at the point of Beginning being lhe Northeast corner of Lot 1 of Lol 1 of Minerol Lot 923, thence Northerly 171.9 feet to a point, thence Westerly 266.6 feet to a point, thence Northerly 100,0 feet to a point, thence Westerly 200.0 feet to a poinl, thence Southwesterly 82.5 feet to a poinl, Special Session, June 18, 1979 , thence Southerly 495.0 feet to a point, thence continuing Easterly 272,5 feet to a poinl, thence &utlærly 140,0 feet to a point, thence Easterly 185,0 feet to a point, thence Northerly 169.0 feet to a point, thence Easterly 147,0 feet to apo'-nt, thence Northeasterly 149,15 feet to 0 point, thence Northerly 265,) feet to the point of Beginning as described here£n, in the City of Dubu- que, Iowa Section 2. Thai the "Pi<mned Unit DeveÚJpment" desig¡wtion applied to the property herein described is a ten- tative reclo.ssification and jïnal adßp- t.-on of the amendment as set forth in Secti<m 1 of this Ordinance shan be subject to reqvlrermmts of Article IV Secli<m 4-110,11.9 of Ordinonce No, $2-75, k:1wwn as the "Zoning Ord,nance and Zoning Map of lhe City of Dubuque, Iowa," whereby final adoption of the "Planned Unit Development" des.-gna- tion is contingent upon submission of a Final Development Plan by the deveÚJp- er, within six (6) months of the effective dole of this Ordinance, and further, that foilure by the develuper to comply with the requirements as set forth here'-", s/wll automalicaUy revert the property 10 its former "R-4 Resi- dential JJistricl" clo.ssification, Section 3. That the foregoing amend- menl has heretofore been approved by the Planning and Zoning Commission of lhe City of Dubuque, Iowa Passed, adopted, and approved this 18th day of June, 1979. Richard Wertzberger Mayor D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 22nd day of June, 1979. Leo F. Frommelt City Clerk lt 6/22 Council Member Farrell moved final adoption of tbe Ordinance. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Brady. Abstain-Council Member Tnlly. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to establish stop intersection at Curtis & Bryant and prohibiting of parking of vehicles on E. 20th, E. 22nd Sts. and Kaufman Ave., presented and read. 249 James Coulson, Cletns Kascel, Earl Schumacher, Dell Kueter, Mark Gilli- gan, all bnsinessmen in the 20th & 22od Sts, area objected to the prohibiting of parking near their places of businesses. Council Member Tully moved that the proof of publication be received and filed, Seconded by Council Member Wertzberger, Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. OIIDINANCE NO. 36-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING 'mAT THE CODE OF OIIDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW SUBSECTION 19 TO SECTION E OF SECTION 25-210 OF SAID CODE; PROVIDING THAT EASTBOUND VEIßCLES ON CURTIS STREET SHALL STOP BEFORE ENTERING THE INTERSECTION OF BRYANT, presented and read. Council Member Tully moved that the reading just had be considered the first reading of the ordinance. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Tnlly moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Ttùly. Nays-None. 0IIDINANCENO.36-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT '11IE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY ADDING A NEW SUB- SECTION 19 TO SECTION E OF SECTION 25-210 OF SAID CODE; PROVIDING THAT EASTBOUND VEIßCLES ON CURTIS STREET SHALL STOP BEFORE ENTERING THE INTERSECTION OF BRYANT STREET: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section l. That lhe Code of Ordi- nances of the City of Dubuque, Iowa, be œnwnded by adding a new subsecti<m 19 to Section E of Section 25-210 to read as foUows: 250 Special Session, June 18, 1979 Section 25-210 ( b I Those intersectimts desi¡pwted are hereby declored to be "Stop Intersec- tions for aU the PU7POses of this section, E. E<u;tbound vehicles must stop before entering the intersection of: 19. Curtis Street and Bryant Street Section 2. That aU ordinances or ports of ordinances in CiYnflict with this ordinance are hereby repeokd, Passed, approved and adopted this 18th day of June, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D, Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Pnblished officially in tbe Telegraph Herald Newspaper this 22nd day of June 1979. Leo F. Frommelt City Clerk It 6/22 OIIDINANCE NO. 37-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUB- SECTION A, 32, OF SUBSECTION (d I OF SECTION 25.257 OF SAID CODE: I TO PROIDBIT THE PARKING OF . VElUCLES AT ANY TIME ON 00I'I1 SIDE OF EAST TWENTIETH STREET FROM cENTRAL AVENUE TO ELM STREET. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Tully moved that the I rille requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. OIIDINANCE NO. 37.79 AN OIIDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSEC- TION A, 32, OF SUBSECTION (d) OF SECTION 25-257 OF SAID CODE: TO PROIDBIT THE PARKING OF VElUCLES AT ANY TIME ON BOTH SIDES OF EAST TWENl'IETH STREET FROM cENTRAL AVENUE TO ELM STREET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That subsection A, 92, of subsection (d I of Section 25-257 be amended so that such subsections shaU read as foUows: Sectioo 25-257 (d) When signs are erected giving notice thereof, no person shan, at any time, pork a vehicle upon ony of the described streets or ports of streets: A. The foUowing streets or portions are designated as no porking zones: $2, East Twentieth Street on both sides from Centrol Avenue to Elm Street, Section 2. That aU ordinances or parts of ordinance are hereby repeokd. passed, adopted and approved this 18th day of June 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk published officially in The Telegrapb Herald Newspaper this 28th day of June, 1979. Leo F, Frommelt City Clerk lt 6/28 Council Member Tillly moved final adoption of the Ordinance as amended. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that the portion of tbe Ordinance as originally written pertaining to prohibiting park- ing on E. 22nd St. and portion of Kaufmann Ave. be referred to Traffic Dept, and North Dubuque Improve- ment Assoc. for further study concern- ing parking and report back at a meeting in July. Seconded by Council Member Brady, Canied by the follow- ing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Brady further moved that the Corporate Counsel be directed to draW up a !ù>solution adopting the "Uniform Control Devise Manual". ------- Special Session, June 18, '1979 , Seconded by Council Member Tully, Carried by the following vote: Yeas-Council members Brady, Far- rell, King, Tully, 0IIDINANCENO.38-79 Nays-Mayor Wertzberger, AN ORDINANCE AMENDING THE An Ordinance of the City of Dubuque, CODE OF ORDINANCES OF THE Iowa, providing that tbe Code of CITY OF DUBUQUE, IOWA BY RE- Ordinances, City of Dubuque, Iowa be PEALING SECTION 36-182 (al AND amended by enacting a new Chapter ENACTING A NEW SECTION 36-182 18';' thereof to provide for the regula- (al IN LIEU THEREOF TO PROVIDE tion of radioactive materials trans- FOR THE TERMS OF MEMBERS OF ported to the City of Dubuque, Iowa, THE DUBUQUE CABLE TV COMMIS- and to provide for penalties for the SION. violation thereof, said Ordinance having NOW THEREFORE, BE IT OR- been previously presented and read at DAINED BY THE CITY COUNCIL OF the Council Meeting of June 4, 1979, THE CITY OF DUBUQUE, lOW A: presented for the second reading. Section l. That Section 96-182 (a) of Council Member Brady moved that the Code of Ordinances of the City of the reading just had be considered the Dubuque, Iowa be amended by repeol- Second !ù>ading of the Ordinance. ing Secti<m 96-182 (a) and enacting a Seconded by Council Member Farrell. new Section 96-182 (alinlieuthereofas Carried by the following vote: foUows: Yeas-Council Members Brady, Far- Sect. 36-182. Membership; orgs.ni- rell, King. , zation; meetings; voting. Nays-Mayor Wertzberger, Council (a) The Commission shaU hove a Member Tully. membership of nine persons appointed Richard Worm, JoAnn Hall addressed by the City Council for two year terms, tbe Council relative to the Ordmance Five of the initWl appointments shan be and requested Council adopt the Ordi- for one year terms and the balonce shaU nance at its third and final reading. be for two year terms. Upon comple- 0IIDINANCENO.38-79 tion of their term of office, members AN ORDINANCE AMENDING THE shan continue to serve in lheir taU CODE OF OIIDINANCES OF THE copacity untü a successor has been duly CITY OF DUBUQUE, IOWA, BY RE- appointed, PEALING SECTION 26-182 (a) AND Passed, approved and adopted this ENACTING A NEW SECTION 26-182 18th day of June, 1979. (a) IN LIEU THEREOF TO PROVIDE Richard Wertzberger FOR THE TERMS OF MEMBERS OF Mayor THE DUBUQUE CABLE TV COMMIS- Thomas A. Tully, Jr, SION, PRESENTED AND READ. D. Michael King Council Member Tully moved that the James E. Brady reading just had be considered the first Carolyn Farrell reading of the Ordinance, Seconded by City Council Members Council Member Farrell, Carried by ATTEST: the following vote: Leo F. Frommelt Yeas-Mayor Wertzber¡¡-er, Council City Clerk Members Brady, Farrell, King, Tully. Published officially in the Telegraph Nays-None, Herald this 22nd day of June, 1979. Council Member Tnlly moved that the Leo F. Frommelt rule requiring an Ordinance to be Clty Clerk received and filed at two meetings prior 1l 6/22 to the meeting when final action is Council Member Tillly moved final taken, be dispensed with. Seconded by adoption of the Ordinance. Seconded by Council member Farrell, Canied by the Council Member Farrell, Carried by following vote: the following vote: Yeas-Mayor Wertzbergr, Council Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Members Brady, Farrell, King, Tully. Nays-None. Nays-None, Council Member Tully moved that the Communication of Attorney James L. rille requiring an Ordinance to be Krambeck relative to issuance of received an filed at two meetings prior $1,500,000. Medical Clinic !ù>venue to the meeting when final action is Bonds, presented and read, taken, be dispensed with. Seconded by Council Member Tully moved that the Council Member Farrell, Carried by communication be received and filed. the following vote: Seconded by Council Member Farrell. Yeas-Mayor Wertzberger, Council Carried by the following vote: Members Brady, Farrell, King, Tully, Yeas-Mayor Wertzberger, Council 251 Nays-None. ------ 252 Special Session, June 18, 1979 "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issuance of tbe City's Medical Clinic !ù>venue Bonds (Dubuque Medical Acls Building Pro- ject) Series 1979, and the City believes it desirable and in its best interest that said Memorandum of Agreement be execnted for and on behali of the City; and NOW, THEREFORE, Be It and It Is Hereby !ù>solved by the City Conncil of the City of Dubuque, Iowa, as follows: Section 1. That in order to assure the construction of the proposed medicol clinic in the City of Dubuque, Iou;a, with the resvlting public benefits which win flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in lhe form attached hereto as Exhibil "A ", be approved and that lhe Mayor of the City be and hereby is authorized and directed to execule said Memorandum of Agreement and the City Clerk of lhe City be and hereby is authorized to attest the same and to affix the seol of the Cily thereto and said Memorandum of Agreement is hereby made a part of this Resoluti<m. Section 2. In order thet the Project win not be undvly del4yed, Company is hereby authorized to make snch com- mitments, expenditures aud advances toward poyment of the costs of the Project as it considers appropriate, sub- ject to reimbursement from the pro- ceeds of the &mds when and if delivered, but otherwise withoul lia- bility on the part of the City, Section 3. That officials of lhe City are hereby aulhorized to tahe snch further acti<m as may be necessary to carry out the intenl and purpose of the Memorandum of Agreement. Section 4. AU resolutions and orders or parts thereof, in conflict herewith are, to the extent of snch conflict, hereby repeokd, and this Resolution sholl be in full force and effect immedi- alely upon its adopti<m, Adopted and approved, June 18th, 1979. City of Dubuque, Iowa Members Brady, Farrell, King, Tully. Nays-None. RESOLUl10NNO.149-79 A Resolution Authorizing Execution of a Memorsndmn of Agreement Pertain- ing to the Issuanee of not to exceed $1,500,000 in Aggregate Principal Arnoont of Medical Clinic !ù>venue Bond. (Dubuque Medical Acls Building Project) Serles 1979 of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, I Iowa, (Hereinafter referred to as the "City") is a municipal corporation organ- ized and existing under the laws and the constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of tbe Code of Iowa (hereinafter referred to as the "Act"), to issue Medical Clinic !ù>venue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project", as that term is defined in the Act, suitable for use as a medical clinic; and and WHEREAS, the City has been re- quested by Dubuque Medical Acls Building (hereinafter referred to as the "Company"), to authorize and issue its Medical Clinic !ù>venue Bonds pursuant to tbe provisions of the Act for the purpose of defraying all or a portion of the cost of the acquisition, construction, improving and equipping of a medical clinic facility (hereinafter referred to as tbe "Project"): and WHEREAS, the City has determined that there is a public need in the City and its surrounding environs for a medical clinic as proposed by Company to provide additional health care and medical services in the Clty which will add to the welfare and prosperity of the City and its inhabitants: and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds: and WHEREAS, there has been present- ed to the Council a Memorandum of Agreement, attached hereto as Exhibit Ricbard Wertzberger Mayor ATTEST: Leo F. Frommelt City Clerk EXIllBIT "A" MEMORANDUM OF AGREEMEN'f THIS MEMORANDUM OF AGREEMENT is between the City of Special Session, June 18,1979 253 Dubuque, in Dubuque County, Iowa, party of the first part (hereinafter referred to as the "City"), and Docwr's Park Clinic, party of the second part (hereinafter referred to as the "Com- pany"). 1. Preliminary Statement. Among the matters of mutuol indncement which have resvlted in the execution of thÙJ Agreement are the following: (a) The Cityisænincorporatedmunic- ipubty of the State of Iou;a, cmthorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the "Act") to issue Medicol Clinic Revenue &mds for the purp<Jse of defraying oll or a portion of the cost of acqui"ng, constructing, improving and equipping facilities suitable for use as a medicol clinic, ( b ) In order to provide for odJiitionol heolth care services for the inhebitænts of the City and to oM 10 the welfare and prosperity of the Cily and of snch inhabitants, the Cily proposes to loæn solely from the proceeds of the pro- posed bonds, to the Cmnpany funds to fi'nœrwe the acquisiti<m, construction improving and equipping of a medicol clinic (herein referred to as the "Pro- ject ") : and ( c ) In view of the ris,ng construction costs, it is considered essential that acquisition and construction reloted to the Project commence at the earliest praclicable date, and that orders be p/.o£ed for acquiring the necessary improvements, nwteriols and equip- ment. At the same time, ,n view of the dij'fú:ulty of obtoining other satisfactory fi'=ng for the Project, the Cmnpany desires satisfactory assurances from the City that the proceeds from the sok of Medicol Clinic Revenue Bonds of the City win be made avollable in æn amount sufficient to finance oll or a portion of the cost of the Project, which cost, incl-uÆng the expenses reloied to the issuance of the BmuhJ, is presently estimated not to exceed $1,500,000. (d) Representatives of the City have i-uÆcated the wiUingness of lhe City to proceed with and effect such fi'rum£ing as an indncement to the Cmnpany to proceed with the Project in the City aad the City has advised the Company lhat, subject 10 due compliance with oll requirermmls of I4w and the obtaining of oll necessary consents and approvcds and to lhe happening of oil acts, cenditions and things required to exist, happen and be perjfll'ffl£d precedent to and in connection with snch finoncing In due thne, form and manner as required by I4w, the City, by virtue of such statutœry authorily as may now exist or may hereafter be conferred, will issue - and seU its Ikmds in an anwunt sufficient to finonce oll or a porti<m of the cost of the Project when the City is satisfied of the ability of Doclor's Park Clinic to complete the fi=ng. ( e ) The City considers that the under- taking of the Project wiU provide medicol services and health care oppar- tunities for the inhabitænts of the City and oM to the welfare and prosperity of the City and that of its ,nhabitants, 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it win authorize, or cause to be authorized, lhe isswmce and sok of an issue of its Ikmds, pursoont to the terms of the Act as then in force, ,71 an aggregate principol amount sufficient to finance oll or a portion of the cost of the projecl, which cost, inclwling the ex- penses reloied to the issuance of the BmuhJ, is presently estimated not to exceed $1,500,000, ( b) That it will cooperate with Com- pany to seU the Ikmds upan mutually agreeable terms, and it wiU adopt, or cause to be adopted, such proceedings and authorize the execution of snch IWcuments as may be necessary or advisable for the authorizatiml, issuance and sok of the Ikmds and the financing of the Project as aforesaid, and the entering into a Loan Agreement with the Cmnpany with respect to the Project, oll as sholl be cmthorized by I4w and mutually satisfactory to the City and the Cmnpany, (c) That the aggregate basic pay- mønts (i. e. the payments to be used to pay the ¡m'ncipol of and premium, if any, and interest on the lJmuh¡) payable wuler the Loan Agreement sholl be snch sums as sholl be sufficient to pay the principol of aad interest and re- demption premium, if any, on the Bonds as and when the same s/wJ1 become due and payable and æny other expenses of the City in connection with this fin- anc2ng or payment of lhe bonds, (dl That it will toke or cause to be token snch other acts aad rukJpt snch further proceedings as may be required to implement the aforesaid under- takings or as it may deem oppropriate in pursuance thereof 3. Undertakings on the Part of the Company. The Company agrees as follows: (a) Thot il wiU cooperate with the City to seU the Ikmds In an aggregate principol amount as above stated,' pro- vided, however, that the terms of the BmuhJ and of the scds and delivery thereof sholl be mutuoUy satisfactory ot lhe City and the Cmnpany, Cmnpany agrees to solicit and obtain the neces- sary indemnity. ~ -~ ~-~--~--~~~~~ --- --- - - - - -- - - - - - - - - - - -- ----- Special Session, June 18, 1979 ( b) That it win commence construe- nor give rise to a pecuniary liability of tion of the Project and toke the other the City or a charge against its generol necessary steps toward the reoli credit or taxing powers and the Com- . -",- D..^'n^';~ nrenrdßnce with pany agrees to indemnify aud hold be Issuer harmless on account of any cWim - arising in connecti<m with the proposed (c) That contemporoneously with the project this contemplated financing, sole of the Boruls it win execute a Loan IN WITNESS WHEREOF the parties Agreement wit,h the City under the hereto have entered into this Agree- terms of which the Company wiU ment by their officers thereunto duly obligate itself to pay 10 the City sums authorized as of the 18th day of June, wfficient in the aggregate to poy the 1979. principol of and interest and redemption City of Dubuque, Iowa premium, if any, on the Bonds as and when lhe same shnJl become due aud Richard Wertzberger payable, such instrument to contain Mayor other provisions required by law and ATTEST: such other provisions as sholl be mu- Leo F. Frommelt tuaUy acceptable to the City and the CIty Clerk Company and oil other expenses of the Dubuque Medical Arts Bullding City in connecti<m with this finarn:ing or by Daryl Mozenz, M.D. thepoyment of the bonds, WilliamJ. Dall, M.D. (d) That it wiU toke such further JamesRGilloon,M.D, acti<m and adopt such further proceed- Eugene W. Coffman, M.D. ings as may be required to implement Jobn S. Chapman, M.D. its aforesaid underlokings or as it may Gerald J. Collins, M,D. deem appropriate in pursuance thereof Thomas J, Benda, M.D. 4. General Provisions. James W. White, M.D. (a) AU commitments of the City under Council Member Tully moved adop- paragraph 2 hereof and of the Company tion of the Resolution. Seconded by under paragraph 9 hereof are subject to Council Member Farrell, Carried by the condition that on or before Decem- the following vote: ber 31, 1980 \>r such other dßte as shaU Yeas-Mayor Wertzberger, Council be mutuaUy satisfactory to the City and Members Brady, Farrell, King, Tully. the Compony), the City and the Com- Nays-None. pany shnJl have agreed to mutuaUY acceptable terms for the Boruls and of RESOLUl10NNO.150-79 the sole and delivery thereof, and A Reselution Directing the Publication mutuaUY acceptable terms and condi- of a Notice of intention to issue not to lions of the dßcurmmts referred to in exceed $1,500,000 in Aggregate Prin. paragraph 9 and the proceedings re- clpal Amonut of Medical Clinic Revenue ferred to in paragraphs 2 and 9 hereof Bonds (Duhuque Medical Arts Hußding ( b) Whether or not the events set Project) Series 1979 of the City of forth in (a)ofthis paragraph toJæ ploæ Duhuque, Iowa, end calling a Puhlic wilhin the time set forth or any Hearing on the Proposal to Issue said extensi<m thereof, the Company agrees Bonds. thol it win reimburse the City for aU reasonable and necessary direct out-of- WHEREAS, the City of Dubuque, pachet expenses which the City may Iowa (hereinafter referred to as the incur, including but not limited to, lego! "City") is a municipal corporation organ- fees, printing aad publication costs and ized and existing nnder the laws and the filing fees œrising from lhe execution of constitution of the State of Iowa, and is lhis Agreement and the performance, authorized and empowered by Chapter or preporation to perform by theCity of 419 of the Code of Iowa (hereinafter its obligati<ms hereander, or dßne at the referred to as the "Act"), to issue request of the Company or under the Medical Clinic !ù>venue Bonds and loan loan agreermmt. the proceeds from the sale of said Bonds (c) All commitments of the City here- to one or more parties to be used to of are further subject to the conditions defray all or a portion of the cost of thàt the City, and its elected and acquiring, constructing, improving and appm'nted officinls, shnJl in no event equipping a "Project", as that term is incur any liability for any act or defined in the Act, suitable for use as a omissi<m hereander, and that the Bonds medical clinic: and described herein shaU not constitute an indebtednesS of the City within the WHEREAS, the City has been re- meaning of any constilutWnol or statu- quested by Dubuque Medical Arts tœry provision and shnJl not constitute Building (bereinafter referred to as the 254 Special Session, June 18, 1979 255 "Company"), to authorize and issue its Medical Clinic !ù>venue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of the acquisition, construction, improving and equipping of a medical clinic facllity (hereinafter referred to as the "Project"); and WHEREAS the City, pursuant to its !ù>solution 149-79, adopted June 18, 1979, entered into a memorandum of Agreement with the Company, prelim- inarily providing for the issuance by the Clty of not to exceed $1,500,000 aggre- gate principal smount of its Medical Clinic !ù>venue Bonds pursuant to the provisions of the Act. WHEREAS, before the Bonds may be issued, it is necessary to condnct a public hearing n the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act. NOW, THEREFORE, Be it and it is hereby resolved by the Clty Council of the City of Dubuque, Iowa, as follows: Section 1. A public hearing shnJl be canducted on July 16, 1979, at 7:90 o'clock P.M, before this City Council in the Cowncil Chambers at the City HaU '" the City of Dubuque, Iowa, on the proposol to issue nol to exceed $1,500,000 aggregate princ¡'pol amount of the City's Medicol Cbmc Revenue Boruls, (Dubnque Medicol Arts Build. ",g Project) Series 1979, pursuant to the provisions of the Act, for the purpose of defraying on or a portion of the cosl of acquiring, constructing, improving and equipping the Project, including necessay expenses incù1entol thereto, and aU locol residents wha appear at said hearing shnJl be given an opportunity to express the¡'r views for or against the proposol to issue such Boruls; and at said hearing, or any adjOUrnment thereof, this City Council shan ndept a resoluti<m determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) dßys prior to the dßte ji:æd for said hearing, in the Telegraph Herold, a legol newspaper published and having a general circula- lion within the City, a Notice of Inlention to issue said Boruls in sub- stantioJJ.y the foUowing form: NOTICE OF PUBLIC HEARiNG ON INTENTION TO ISSUE MEDICAL CLINIC REVENUE BONDS (DUBUQUE MEDICAL ARTS BUILDING PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the Clty of Dnbuque, Iowa, in the Council Chambers at the City Hall in said City at 7:30 o'clock P.M., on July 16, 1979, on the proposal to issue not to exceed $1,500,000 principal amount of tbe City's Medical Clinic Revenue Bonds (Dubuque Medical Arts Bullding Pro- ject) Series 1979, pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping a medical clinic facility to be located witbin said City, The proposed medical clinic facility will be owned by Dubnque Medical Arts Building, a limited part- nership (the "Company"), It is contem- plated that a Loan Agreement will he entered into between the City and the Company, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of and interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the inter- est thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never consti- tute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liabllity of said City or a charge against its general credit or taxing powers. all local residents who appear at said hearing shall be given an opportnnity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjourrunent thereof, the Council of said City shall adopt a resolntion determining whether or not to proceed with the issuance of said Bonds. By order of the City Council. Leo F. Frommelt Clerk of the City of Dubuqne, Iowa Section 3. All resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repeokd, and this Resoluti<m shaU be in taU force aad effect im- medioiely upon its OJiøption. Adopted and approved, June 18th, 1979. City of Dubuque, Iowa Richard Wertzberger Mayor ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the !ù>solution. Seconded by Special Session, June 18, 1979 '79-80: also approve the proceeding with Phase IT of the' Garage Feasibility Study, presented and read. Tom Berryman of the Transit Board presented sununary, conclusions and recomendations on Bus Facility. Karl Biasi of E.C,I.A. advised that $9200 in funds is available from UMTA which is not committed and we give money back if not used. Council Member Tolly moved that the request for Garage Feasibility Study be approved, Seconded by Council Mem- ber Farrell, Carried by the following vote: Yeas~Mayor Wertzberger, Council Members Farrell, Tully. Nays-Council Members Brady, King. Council Member Tnlly further moved that request for a Transit! Aide Clerk be approved at no additional cost to the City. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, TlÙly. Nays-Conncil Members Brady, King. Communication of City Manager re- commending acceptance of City of Du- buque 1978 Asphalt Paving Project, presented and read. Council Member Tnlly moved tbat the communication be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. FINAL ESTIMATE RESOLUl10NNO.151-79 WHEREAS, the contract for the Clty of Dubnque 1978 Asphalt Paving Pro- ject has been completed and the City Engineer has submitted bis final esti- mate showing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubnque, That the cost of said improvement is hereby determined to be $265,163.05. That $144,639.06 of the cost thereof shall be assessable upon private pro- perty and $120,473,99 shall be paid from the Road Use Tsx Fund of the Clty of Dubuque. Passed, adopted and approved this 18th day of June, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King 256 Couocil Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Board of Supervi- sors snbmitting a resolution requiring the County Zoning Administrator to review street names"Íor new subdivi- sions and requesting Council to pass a similar resolution, presented and read. Council Member Tolly moved that the communication be referred to Staff and City Manager. Seconded by Council Member Brady. Carried by the fol- lowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully, Nays-None. Petition of Kenneth Brandel et al (8 signers) requesting a gross weight limit of five tons of Bies Drive, presented and read. Council Member Tnlly moved that the petition be referred to the City Mana- ger and Traffic Dept. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tully. Nays-None. Petition of Dave Oberbroeckling et al (18 signers) requesting permission to block off Ohio Street on June 30th for the purpose of conducting a block party, presented and read. Council Member Tnlly moved that the petition be approved subject to imple- mentation of the City Manager. Se- conded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Wm. R. Merfeld et ux of Cedar Cross Road indicating a desire to donate Nightengale Lane and the upper part of Chipper Lane to the WRA Gate to the City, presented and read. Mr. Merfeld spoke to the Council advising they are unable to continue maintaining this road: Aiso need police protection. Council Member Tnlly moved that the communication be referred to the Plan- ning & Zoning, City Manager and Engineering Dept. Seconded by Coun- cil Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Couocil Members Brady, Farrell, King, Tully. Nays-None. Communication of Dubuque Transit Trustee Board requesting Council ap- proval for Transit! Aide Clerk for FY Special Session, June 18, 1979 257 James E. Brady Carolyn Farrell Conncil Members ATTEST: Leo F. Frommelt City Clerk Council Member Tnlly moved adop- tion of the !ù>solution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None, (A Resolution Accepting Improvement and Directing the Clerk to PubUsh Notice. ) RESOLUl10NNO.152-79 WHEREAS, the contract for the City of Dubuque 1978 Asphalt Paving Pro- ject No.1 1. Bies Drive from the S.P,L. of Pennsylvania Avenue to the S.P,L. of Daniels Street. 2, Brunswick Street from the N.P.L. O'Neill Street to the S.P.L. of Davis Avenue. 3, Carter Road from Asbury Road to Kaufmann Avenue--patching, 4. Century Drive from U.S. Highway #20 to Bies Drive--patching. 'i. Daniels Street from the E.P.L. of Bies Drive to the W.P.L. of West Side Manor Subdivision. 6. Eagle Point Park--parking lots at "Riverfront Pavilion" and "Shiras Memorial". 7. E. 21st Street from the W.P.L. of White Street to the E.P.L. of Central Avenue. 8. Foye Street from the N.P.L. of Lowell Street to the S.P.L. of Napier Street. 9. Hill Street from the N.P.L. of Dodge Street to the N.P.L. of Wooten Street. 10. Iowa Street from the S.P.L. of Tenth Street to the S.P.L. of Four- teenth Street. I 11. Jullen Dubuque Drive from the Clty Limits to a point 565' northerly therefrom. 12. Race Street from the s.P.L. of Rose Street to the N.P.L. of W. Eleventh Street. 13. Ogle Street from the S.P.L. of Sunset Park Cirele to the S.P.L. of Lot 3 of Block 8 of Sunset Park Subdivision. 14. Owen Court from the S.P.L. of Sun- set Park Circle to the south end of the street. 15. Wartburg Place from the N.P.L. of Lot 2-1 Mineral Lot 132 to the N,P.L. of Lot 2-1 Mineral Lot 133. 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 speci5cations and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubnque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the Clty Engineer be and is hereby directed to prepare a plat and schedlÙe showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk suhject to public inspection and said Clerk shail upon receipt of such plat and schedlÙe 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 amonnt of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of June, 1979. Richard Wertzberger Mayor Thomas A. Tillly, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt Clty Clerk Council Member Tnlly moved adop- tion of the !ù>solution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberber, Council Members Brady, Farrell, King, Tnlly. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Bidders covering plnmbing, heating & Ventilat- ing and Electrical Work for construction of library facility expansion, presented and read. Council Member Brady moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of City Manager re- commending award of contract to Swift 258 Plumbing & Heating for construction of mechanical work, in tbe amount of $631,991.. for Library Facility Expan- sion, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. (,\. warding Contract ) RESOLUl10N NO. 153-79 WHEREAS, sealed proposals have beeu submitted by contractors for the Library Facility Expansion Carnegie-Stout Library Dubuque, Iowa pursuant to !ù>solution No. 123-79 and notice to bidders published in a newS- paper publisbed in said City on May 24, 1979, and WHEREAS, said sealed proposals were opened and read on June 12, 1979, and it has been determined that the bid of Swift Plumbing and Heating Company of Dubuque, Iowa in the amount of $631,991.00 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 RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Swift Plumb- ing and Heating Company of Dubuque, Iowa after total cost is known and a general contractor has been selected for the job and the Manager be and he is hereby directed to execute a contract on behalf of the Clty of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. passed and adopted this 18tb day of June, 1979. Richard Wertzberger Mayor Thomas A. TlÙly, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Special Session, June 18, 1979 Council Member Brady moved adop- tion of the !ù>solution. Seconded by Council Member Farrell, Carried by the following vote: Yeas-Mayor Wertzberber, Council Members Brady, Farrell, King, Tully, Nays-None. Communication of City Manager re- commending award of contract to PalÙ- son Electric Co. for construction of Library Facllity Expansion, in the amount of $175,575.. presented and read. Council Member Brady. moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. (,\. warding Contract) RESOLUl10NNO.I54-79 WHEREAS, sealed proposals have been submitted by contractors for the Library Facllity Expansion Carnegie Stout Library Dubuque, Iowa pursuant to !ù>solution No. 123-79 and notice to bidders published in a news- paper published in said City on May 24, 1979; and WHEREAS, said proposais were opened and read on June 12, 1979, and it has been determined that the bid of PalÙson Electric Company of Dubuque, Iowa in the amount of $175,575.00 was the lowest bid for the furnisbing of all labor and materials and performing the work as provided for in the plans and specifications; noW therefore, BE IT RESOLVED by the City Council of the Clty of Dubuque that the contract for the above mentioned im- provement be awarded to Paulson Electric Company of Dubuque, Iowa after total cost of project is known and a general contractor has been selected and the Manager be and he is hereby direcled to execute a contract on behalf of tbe City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and tbe approval of the contractors bond the Clty Treasurer Is autborized and in- structed to return tbe bid deposits .of the unseccessful bidders. passed and adopted this 18th day of June, 1919. Richard Wertzberger Mayor Speeial Session, June 18, 1979 259 Thomas A. Tully, Jr. D, Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F, Frommelt City Clerk Council Member Brady moved adop- tion of the !ù>solution. Seconded by Council Member Farrell, Carried by the following vote: Yeas-Mavor Wertzber¡¡er, Council Members Brady, Farrell, King, Tully, Nays-None, Communication of Planning & Zoning recommending approval of rezoning classification of property at Northwest corner of Asbury & Chaney Rds. from ill Institutional District to R-2 & R-3 !ù>sidential District Classification, pre- sented and read, Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying property lying at the northwest corner of Asbury Road and Chaney Road from ill Institutional District Classification to R-2 Residential District Classification and R-3 !ù>sidential District Classifica- tion presented and read. Council Member Tnlly moved that the reading just had be considered the first reading of the Ordinanee. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzber¡¡er, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tnlly moved that the rule requiring an Ordinance to be received and filed at two meetings prior to tbe meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by I the following vote: Yeas-Mayor Wertzberger, Council I Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Tnlly moved that a public hearing be held on the Ordinance on July 16, 1979 at 7:30 o'clock P.M. in the Council Chamber at tbe City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law, Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, of the CIty of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" which amendment shall establish a Planned Unit Development designation on pro- perty lying in an R-3 !ù>sidential District along Chaney Road just North of Asbury Road in the City of Dubuque, Iowa, presented and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when fiual action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzber¡¡er, Council Members Brady, Farrell, King, Tnlly. Nays-None, Council Member Tnlly moved that a public hearing be held on the Ordinance on July 16, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of P & Z recommend- ing approval of an amendment to the approved preliminary development plan for Finley Hospital Expansion, present- ed and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the Clty of Dubuque, Iowa" which amendment ,c=",'--'--"-~= 260 Special Session, June 18, 1979 sball adopt an Amendment to the approved Preliminary Development Plan for the expansion of Medical Facilities and related uses within the Finley Hospital Institutional District, presented and read. Council Member Tnlly moved that the reading just had be considered the first readinl< of the Ordinance, Seconded by Council Member Farrell. Carried by the folloJVÎng vote: ' Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Tnlly moved that the rille requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Tnlly moved that a public hearing be held on the Ordinance on July 16, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the Clty Clerk be instructed to pnblish notice of the hearing in manner required by law. Seconded by Council Member Farrell. Canied hy the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning recommending approval of zoning re- classification of property at the south- east corner of E. 22nd St. & White St. from R-4 !ù>sidential District to C-4 Commercial District Classification, pre- sented and read. Council Member Brady moved that the recommendation of approval be DENIED. Seconded by Council Mem- ber Tnlly. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Members Brady, Tully. Nays-Mayor Wertzberger, Council Members Farrell, King. MOTION FAILED. Council Member Farrell moved that the communication be received and filed. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Brady, Tnlly. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the Clty of Dubuque, Iowa" by reclassifying property at the southeast corner of East Twenty-second Street and White Street from R-4 !ù>sidential District Classifi- cation to C-4 General Commercial Dis- trict Classification, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Members Brady, Tully. Council Member Farrell moved that the rille requiring an Ordinance to be recleved and filed at two meetings prior to the meeting when final action is taken, be dixpensed with. Seconded by Council Member King. Canied by the following- vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Members Brady, Tully. Council Member Farrell moved that a public hearing be held on the Ordinance on July 16, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Members Brady, Tully. Communication of Planning & Zoning recommending final approval of final plat of "Peaches Place" (Heury and Lois Callan on Duggan Drive), presented and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. RESOLUl10NNO.155-79 Resolution Approving Plat of Lot 1 and Lot 2 of "Peaches PIaœ" in the City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which Lot 1 and Lot 2, Block 3 in "Knob Hili Grove" in the City of Dubuque, Iowa is platted as: Lot 1 and Lot 2 of "Peaches Place" in the City of Dubuque, Iowa and WHEREAS SAID plat has been examined by tbe City Plan Commission and had its approval endorsed thereon: Special Session, June 18, 1979 261 ~'"-~"'~'"~~ and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A. Section 1. The above described ploi be and the same is hereby approved and the Mayor and Cierk be and they are hereby authorized and directed to en- dorse the approvol of the City upon soid plat. Passed, adopted and approved this 18th day of June, A.D.. 1979. Richard Wertzberger Mayor D. Michael King Thomas A. Tnlly, Jr. James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully ",oved adop- tion of the !ù>solution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Planning & Zoning recommending approval final plat of "Lowie's Place" (Heury and Lois Callan on Duggan Drive, presented and read. Council Member Tnlly moved that the commuuication be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. RESOLUTION NO. 156-79 Resolution Approving Plat of Lot 1 and Let 2 of "Lowie's Place" in the City of Dnbuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which Lot 3 and Lot 4, esch in Block 3 in "Knob Hili Grove" in the City of Dubuque, Iowa is platted as: Lot 1 and Lot 2 of "Lowie's Place" in the Clty of Dubuque, Iowa and WHEREAS SAID plat has been examined by the Clty Plan Commission and had its approval endorsed thereon: and, WHEREAS said plat has been ex- amined by the CIty Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A. Section 1. The above described ploi be and the same is hereby approved and the Mayor and Cierk be and they are hereby authorized and directed to en- dorse the o:pprovol of the City upon soid ploi. Passed, adopted and approved this 18th day of June, A.D.. 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tnlly moved adop- tion of the !ù>solution. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning recommending approval of two final plats of Blocks 1, 4, 8 and 9 of "Clarke Crest Estates", presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Mayor Wertzberger. Canied by the followiog vote: Yeas-Mayor Wertzberger, Council Members King, Tully. Nays-Council Member Brady. Abstain-Council Member Farrell. RESOLUl10NNO.157-79 A Resolution Approving the Plat of the Subdivision of Lot 2 of Mineral Let 204, Let 1 of MineraI Lot 207 and Lot 11, mock I of Clarke Crest Estates, all in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a Plat of the Subdivision of Lot 2 of Mineral Lot 204, Lot 1 of Mineral Lot 207 and Lot 11, Block 1 of Clarke Crest Estates, all in the City of Dubuque, Iowa: and WHEREAS, said Plat has been ex- amined by the City Planning and Zoning Commission and had its approval en- dorsed thereon: and WHEREAS, said Plat has been ex- amined by the Clty Council and they find that the same conforms to statutes Special Session, June 18, 1979 263 Special Session, June 18, 1979 have dedicated to the public forever: and WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission and had its approval en- dorsed thereon: and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that streets have not been brought to grade, or paving, sewer or water installed: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedicati<ms of Ciarhe Crest Drive, Spires Drive and Dunhem Drive, logether with ease- ments for public utilities as the same appear up<m said plat, be and the same are hereby accepted; SectIon 2. TIw1 the plat of LOT 8 OF BLOCK 1, LOTS 1-9 INCLUSIVE BLOCK 4 AND LOTS 1-4 INCLUSIVE BLOCK 9 AND LOTS 1-4 INCLUSIVE OF BLOCK 8 OF cLARKE CREST ESTATES, IN THE CITY OF DUBU- QUE IOWA, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approvol of the City of Dubuque, loW', up<m said plat, provid- ed the Own<Jrs of said property herein named, execute their written accep- tance hereto attached agreeing: a. To reduce aU streets to grade and to conslruct Ciarke Orest Drive with 10" roUed stone base and 9" of bi- tuminous concrete surfacing and Spires Drive and Dunham Drive with 8" TOUed stone base and 2-W' of bituminous concrete surfacing or 8" and 6" respectfaUy of Portland Cement C<mcrete povement with in- tegrol curb and gutter. AU of the foregoing shaU be constructed ac- cording to the latest City of Dubu- que specifications; b. To instaU sanitœry sewer mains and sewer service latero1s in accordance with pions snbmitted with the plat; c. To instaU water mains and water service laterok in accordance with pi<ms submitted with the plat; d. To instaU storm sewers and catch- bnsins in accordance with pions sub- mitted with the plat; e, To instaU concrete si11eVXJlks as re- quired by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct aU improvermmts in compliance with any and aU appli- 262 cable City of Dubuque specifications and as approved by the City En- gineer; g, To maintain the foregoing ""prove- ments for a period of four (4) yeœrs from the date of their acceptance by the City of Dubuque, Iowa; h, To provide the foregoing construc- lion and maintenance at the sole ex- pense of the Developer and Sub- divider, Dubuque Land Develop- rmmt LID, as Own<Jr; i. To c"""truct said improvermmts, ex- cept sideVXJlks, prior to November 1, 1980, and to construct the side- VXJlks prim to November 1, 1981; j, To instaU in accordance with City Specificati<ms, bookvam street lighting within 90 days after the completi<m of the adjacent curb. and gutter within any particular secti<m of the proposed Subdivisi<m; and further provided that said Dubuque Land Developrmmt LID., as Own<Jrs of said Subdivision, se~re By John H. Rhomberg Secretary and ordinances relating tbereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Plat of the Sub- division of Lot 2 of Minerol Lot 204, Lot 1 of Minerol Lot 207 and Lot 11, Block 1 of Ciarke Orest Estates, aU in the City of Dubuque, loW', be and the same is hereby approved and the Mayor and Oity Clerk are hereby authorized and directed to endßrse the approvol of the City of Dubuque, loW', upan said Plat, Passed, adopted and approved this 18tb day of June, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Micbael King Council Members ATTEST: Leo F. Frommelt Clty Clerk Council Member Tully moved adop- tion of the !ù>solution. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members King, Tnlly. Nays-Council Member Brady. Abstain-Council Member Farrell. TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 158-79 has been furnished by the Owners. Dated at Dubuque, Iowa this 28th day of June, 1979. Gilbert D. Chavenelle City Manager Council Member Tnlly moved adop- tion of the !ù>solution. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members King, Tnlly. Nays-Council Member Brady. Abstain-Council Member Farrell. Communication of Planning & Zoning recommending approval of final plat of Lot 3 of Terrace Estates (Manternach Brothers Investment Group), presented and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, Tully. Nays-Council Member Brady. Abstain-Council Member King. sureties as may be accePtable to the City Manager. Section 3. Thai in the event Dubuque Laru1 Development LID., as Own<Jrs of said Subdivision shaU fail to execute the acceptance and furokh the security provided for in Secti<m 2 hereof, within 45 dßys after the date of this Resolu- tion, the provisions hereof shan be naU and void and the acceptance of the dedicaiion and approvol of the plat shaU not be effective. Passed, adopted, and approved by recorded roll call this 18th day of June, 8 A.D., 1979. Richard Wertzberger Mayor D. Michael King Thomas A. Tully, Jr. Council Members RESOLUl10N NO. 158-79 Resolution Approving the Plat of Lot 8 of mock 1, Lots 1-3 Inclusive of mock 4, ~à"us:~: J~:t; ~~J.;.¡.~t~~~ I _s" in the City of Dubuque, Dubuque County, Iowa WHEREAS, tbere has been filed with tbe City Clerk, a plat of the Subdivision to be known as LOT 8 OF BLOCK I, LOTS 1-3 INCLUSIVE BLOCK 4, AND LOTS 1-4 INCLUSIVE BLOCK 9 AND LOTS 1-4 INCLUSIVE OF BLOCK 8 IN THE CITY OF DUBUQUE, lOW A by: DUBUQUE LAND DEVELOPMENT LTD.. Owners, subject to easements of record and according to the recorded plats thereof of LOT 1-1 OF MINERAL LOT 207, LOTS 1 OF 2 AND 2 OF 2 OF MINERAL LOT 204 AND LOTS 8, 9, 10 AND 2 OF 11 OF BLOCK 1 AND LOT 25 OF BLOCK 9 IN CLARKE CREST ESTATES, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, lOW A; and WHEREAS, upon said plat appear streets to be known as Clarke Crest Drive, Spires Drive and Dunham Drive, together with certain public utllity ease- ments which the Owners, by said plat, RESOLUl10NNO.159.79 A Resolution Approving the Plat of the Subdivision of Lot 3 of "Terrsce Estates" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a Plat of the Subdivision of Lot 3 of "Terrace Estates" in the City of Dubuque, Iowa: and WHEREAS, said Plat has been ex- amined by the Clty Planning and Zoning Commission and had it's approval en- dorsed thereon; and ATTEST: Leo F. Frommelt Clty Clerk ACCEPTANCE OF RESOLUl10N NO. 158-79 We, the undersigned, Duhuque Land Development, LID, having read the terms and conditions of the foregoing Resolution No. 158-79 and being famjJ- iar with the conditions thereof, hereby acœpt the same and agree !AI periorm the conditions required therein. Dated at Dubuque, Iowa this 28th day of June, 1979. DUBUQUE LAND . DEVELOPMENT, LTD. By Edward D. Tschiggfrie President WHEREAS, said Plat has been ex- amined by the Clty Council and they find tbat the same conforms to statutes and ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. TIw1 the Plat of the Sub- division of Lot 9 in "Terrace Estaies", in the City of Dubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk œre hereby authorized and directed to endorse the approvol of the City of Dubuque, Iowa upon said Plat. 264 Special Session, June 18, 1979 Passed, adopted and approved this 18th day of June, 1979. Richard Wertzberger Mayor ThomasA. Tully, Jr, Carolyn Farrell Council Members ATTEST: Leo F, Frommelt Clty Clerk Council Member Tnlly moved adop- tion of the !ù>solution. Secouded by Council Member Farrell. Carried by the followiug vote: Yeas-Mayor Wertzberger, Couucil Members Farrell, Tully. Nays-Council Member Brady. Abstain-Council Member King. Communication of Planning & Zouing transmitting ConslÙtant !ù>port relative to Assembly of God property at 17th & Iowa Sts., presented and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing that tbe Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zouing Ordinance and Zoning Map of thc City of Dubuque, Iowa", be repealing sub- sections 3 and 4 of Article IV, Section 4-109.4, Conditional Uses of the OR-l Office-!ù>sidential District and by enact- ing new subsections 3 and 4 of Article IV, Section 4-109.4, to permit certain uses as Conditional Uses in structures or area disignated as Historically or Architecturally significant, presented and read. Council Member Tully moved to table the Ordinance indefinitely. Seconded by Council member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members King, Tully. Nays-Council Members Brady, Farrell. Mayor Wertzberger then moved to reconsider the tabling vote. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Member King, Tully. Council Member Farrell moved tbat the reading just had be considered the first reading' of the Ordinance. Second- ed by Council Member Brady. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Members King, Tully, Council Member Farrell moved that the rille requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Brady, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Members King, Tnlly. Council Member Brady moved that a public hearing be held on the Ordinance on July 16, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Brady, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, Nays-Council Members King, Tully. RESOLUl'IONNO.160-79 A Resolution Directing the Transfer of Certain Community Development mock Grant Funds NOW, THEREFORE, Be it !ù>solved by the City Council of the City of Dubuque, Iowa Section l. That an amount not to exeed Fifty-Thousand and M/l00 Dol- Io;rs ($50,000.00) shan be transferred and reprogrammed as follows: Transfer From: Neighborhood Center Project $50,000 Transfer To: !ù>habllitation Loans & Grants Project $50,000 Section 2. That the foregoing trans- fer of funds has heretofore been ap- proved by the Cmnmunity Developrmmt CmnmissWn. Passed, approved and adopted this 18th day of June, 1979. Richard Wertzberger Mayor D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the !ù>solntion. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Brady. Abstain-Council Member Tully. Council Member TlÙly requested per- mission from the Chlrir to leave the Council Chambers. Permission was granted. Special Session, June 18, 1979 265 COUNCIL MEMBER TULLY LEFT THE COUNCIL CHAMBERS AT 10:53 P.M. Communication of Attorney Dave Clemens, representing Dubuque Supply Co., on proposed Industrial Develop- ment Revenue Bond financing in the approx. amount of $410,000. and re- questing adoption of a resolution indi- cating Council willingness to issue such !ù>venue Bond, presented and read. Attorney Dave Clemens spoke to the communication. Council Member Farrell moved that the communieation be received and rued and referred to the City Manager and Corporate Counsel for further action. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tnlly. A RESOLUl10N authorizing the execution of a Memorandum Agreement with Dubuque Supply Co., presented and read. Council Member Farrell moved that the resolution be referred to a Special Council Meeting to be held on June 27, 1979 at 4:80 P.M. in the Council Chambers in City Hall. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. COUNCIL MEMBER TULLY RE- TURNED TO THE COUNCIL CHAMB- ERS AT 11:05 P.M. RESOLUl10NNO.161-79. BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell CIgarettes and Cigarette Papers within said Clty. American Legion Post 6 1306 Delhi Street American Snack Inc. 255 J .F. Kennedy Rd. Tom Andreson 1080 University Ave. Paul E. Anthony 1185 Dodge Street Benton Food Management Hwy. 20 West Angelina A. Bertolini 1298 Main Street Big G Steak House, Inc. Plaza 20 Josephine A. Burke 1445 Contral Ave. Caronsel Snack Bar 556 J.F. Kennedy Rd. Edna Dague 1322 Central Ave. Rita Clancy Clarke College Donut Hut Ltd. Donut Hut Ltd. Donut Hut Ltd. DubuQue Inn Dubuque Marina, Ine. Dubuque Mining Co. Fraternal Order of Eagles #568 Benevolent & Protective Order of Elks Donna Ginter Marco Giunta Godfather's Pizza Golden Property Corp. Holiday Inn Motel Jeannie A. Kerseh K-Mart Store # 4018 S. S. Kresge Company Store # 100 Jsmes Kaehevas Knights of Columbus 201 E. 22nd St. 1550 Clarke Drive. 1575 J.F. Kennedy Rd. 2900 Central Ave. 607 E. 22nd Street U.S. 20 at Mercer Drive City Harbor Kennedy Mall 1175 Century Drive 2699J.F. Kennedy Rd. 342 Main Street 2022 Central Avenue 1575 J.F. Kennedy Rd. 2620 University Ave. 1111 Dodge Street 1556 Central Avenue 2600 Dodge Street 790 Town Clock Plaza 665 Dodge Street 781 Locust Street KWIK Foods Texaco Ststion Lighthouse Corp. Loras College F1restone Tire & Rubber Company Nashville North, Inc. Gary Neilson & Dwaine Bowman Ponderosa System, Inc. 1075 Dodge Street 2560 Dodge Street 1450 Alt. Vista Street 7th & muff Streets 2417 Rhomberg Avenue 841 Central Avenue 2035 J.F. Kennedy Rd. 266 Special S.ssion, June 18, 1979 Raodall's Foodarama Raodall's Foodarama # 2 Gerald Richter Dolores Roeth Rita Sehueller Darlene Sexton Jack Siefker Robert Spiegelhalter Stampfer's Dinette United Auto. Workers, Local # 94 Village Inn !ù>staurant Richard B. Winsor Richard B. Winsor Woolworth's Store Wm. C. Brown Company Dubuque Municipal Airport A. Y. McDonald Mfg. Co. F1exsteel Ind. Inc. Thomas Astgen RalphJ. Grabow Vivian Heinz Kay-Way Inc. Earl Sehuntaeher Thompson's Fd. Mkts. Oky Doky # 6 Thompson's Fd Mkts., Inc. Oky Doky # 9 Thompson's Fd. Mkts., Inc. Oky Doky # 15 Will-Co. Inc. WilliamF. Allendorf John C. Andresen John C. Andresen Aquinas Institute Beecher Co., Inc. Beecher Co.. Inc. WilliamN. Billikas James J. Birkett Donald Bradley Earl G. Corbett Crane Enterprises Inc. Cresent Electric Supply Co. Lloyd Dalsing Melvin L. Donovan Dubuque Building Eska Company, Inc. Victoria Ellis Fairway Ford Sales, Inc. Neldia F1tzgibbons Lorraine Fransen Rob. W. Grobstick & Rich. Bracewell Hsppy's Place, Inc. Hardee's Drive In Hartig Drug Co. Hartig Drug Co. Hartig Drug Co. Hartig Drug Co. Dodge House Motel Ted & Georgia Heinz LaVern Hennen 2600 Dodge Street 2013 Central Avenue 2126 Central Avenue 600 Central Avenue Town Clock Plaza 1602 Central Avenue 1081 University Avenue 2364 Washington Street Town Clock Plaza 3450 Central Avenue 1940 J.F. Kennedy Rd. 253 Main Street Bunker Hili Road Kennedy Mall 2460 Kerper Boulevard R.R.#3 12th and PIne Streets 3400 JII£kson Street 1101 Rhomberg Avenne 1050 University Avenue 3301 Pennsylvania Avenue 250 West 1st Street 2204 Central Avenue 1256 Iowa Street 51 West 32nd Street 1545 Soutb Grandview Ave. 805 West 5th Street 126 West 9th Street Kennedy Mall 22'78th Street 2570 Asbury Road 2399 White Street 1691 Asbury Road 926 Main Street 55 Locust Street 1091 Main Street 408 West Locust 2245 J .F. Kennedy Rd. 255 S. Main Street 3750 Central Avenue 1876 Central Avenue One Dubuque Plaza 2400 Kerper Blvd. 120 West 4th Street 3600 Dodge Street 1700 Central Avenue 1100 Lincoin Avenue 1450 Loras Blvd. 2323 Rockdale Road 703 Dodge Street 700 Town Clock Plaza 97 Locust Street 2255 J.F. Kennedy Rd. 2225 Central Avenue 701 Dodge Street 1278 Central Avenue 3300 Asbury Road 267 Special Session, June 18, 1979 Heron, Inc. Iowa Oil Co. lOCO # 3 J.F.K. Fast Food, Inc. Jay's Quality Meats Judity P. Juergens Wilfred Kennedy Elizabeth Krajnovich Leonard Oil Company Kenneth J. Love Catherine M. Meyer Beverly Miller Norene Millman 709 University Avenue University and Asbury Road 2075 J.F.Kennedy Road 3345 Hilicrest Road 2327 Central Avenue 34th and Jackson Streets 481 Locust Street 1387 Dodge Street 802 Central Avenue 530 E. 22nd Street 260 Southern Avenue 601 Rhomberg Avenue Orville Murphy & Dick Richman Dick O'Hara OSCO Drug Inc. # 849 Palmer Drug Store William R. Parker Parochetti Enterprises Joseph Polfer Redstone, Inc. Steven Sehnee & James Murphy Mathias Sehneller Milton E. Sehwartz Kenneth L. Shnon Sirloin Stockade, Inc. Melvin A. Speigelhalter Kenneth Stecklein Earl Tegeler Earl Tegeler Earl Tegeler Allen C. Tressel 139 Locust Street 70 South Locust Street 708 Main Street 2600 Dodge Street 304 Main Street 2600 Dodge Street 2612 Dodge Street 504 Bluff Street 1902 Central Avenue 2372 Central Avenue 574 E. 16th Street 2418 Central Avenue 1895J.F. Kennedy Rd. 1029'1z Main Street 2480 University Avenue 2311 Windsor Avenue 2350 Burlington Street 620 South Grandview Avenue 2528 Central Avenue Roger W. Rommel Transcaile, Inc. Walgreen Company Wareco System of Iowa Bernard Willenborg Wmdsor Tap Company ChuckN. Wong 2260J.F. Kennedy Rd. 555J.F. Kennedy Rd. 700 Rhomberg Avenue 1301 Rhomberg Avenue 2401 Windsor Avenue 378 Main Street Passed, adopted and approved this 18th day of June, 1979. Richard Wertzberger Mayor Thomas A. Tnlly, Jr. D. Michael King James E. Brady Council Members same have been examined and approv- ed:and WHEREAS, The premises to be occupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the !ù>solution. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "8" BEER PERMIT Catherine Mary Meyer 530 E. 22nd St. Passed, adopted and approved this 18th day of June, 1979. Richard Wertzherger Msyor Thomas A. Tnlly, Jr. D. Michael King RESOLUl10NNO.162.79. WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the 268 Special Session, June 18, 1979 James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt Clty Clerk Council Member Tnlly moved adop- tion of the !ù>solution. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUl10N NO. 163-79. WHEREAS, Applications for Liqnor Lieenses have been submitted to this Council for approval and the same have been examined and approved: and WHEREAS, The premises to be occnpied by snch applicants were in. spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the Clty of Dubuque, Iowa, that the Man- ager be authorized to cause to be issued to the following named applicants a Liquor Lienese. CLASS "C" (COMMERCiAL) BEER AND liQUOR lJCNESE MiIton E. Schwartz 574 E. 16th St. (Also Sunday Sales) Ronald Blakeman 1046 Central Ave. ereslanes Bowling, Inc. 255 S. Main St. (Also Sunday Sales) Lloyd DaIsing 3750 Central Ave. (Also Sunday Sales) Donna M. Ginter 342 Main St. (Also Snnday Sales) Heron Inc. 709 Uuiversity Ave. Wilfred Kennedy 34th & Jackson FJizobeth Krsjnovieh 481 Locust St. Keoneth Jerome Love 802 Contral Eugene Arthur Otting 1689 Elm St. Dolores S. RAJeth 600 Central Ave. John L. Savary 827 Dodge St. Paul Schollmeyer 176 Locust St. Melvin A. Spiegelhalter 1029 '/2 Main Barney Willenborg 1311 Rhomherg Thehna Paradi.. 3050 Asbury lIAIad Passed, adopted and approved this 18th day of June 1979. Richard Wertzberger Mayor Thomas A. Tnlly, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members Council Member Tnlly moved adop- tion of the !ù>solution. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzber¡¡er, Council Members Brady, Farrell, King, Tnlly. Nays-None. Application of William N. Billikas re- qnesting to transfer Class "B" Beer Permit from 926 Main St. to 7th & Msin Street on June 21 thru 23, presented and read. Council Member Tnlly moved that the transfer be approved. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of F1scher Companies indicating some concern about the 4th St. PeninslÙar Ad Hoc Committee report, and requesting a copy of the report, presented and read. Council Member Tnlly moved that the communication be received and filed and referred to the Mayor. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of E. J. Voggenthaler Co. requesting a copy of the "Ryan Recommendations" and the Victor Gruen !ù>port, relative to the Fourth Street Peninsula Area, presented and read. Council Member Tnlly moved that the communication be received and filed and referred to the Mayor. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Morrison Bros. Co. requesting a copy of the report on the 4th St. PeninslÙa as mentioned in the newspaper article, presented and read. Council Member Tnlly moved that the communication be received and filed and referred to the Mayor. Seconded by Council Memher Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of The Adams Company requesting a copy of the Mayor's Ad Hoc Committee report on the Industrial Development of the 4th St. area as mentioned in a newspaper article, presented and read, Council Member Tully moved that tbe communication be received and filed and referred to tbe Mayor. Seconded by Council Member Brady. Carried by Special Session, June 18, 1979 the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Ed. W. Ryan relative to vacation of a section of Tower St. from Wall St. to Sixth Street and alley in Blk. 25, presented and read. Council Member Tnlly moved that the communication be received and filed and referred to the Mayor. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Peoples Natural Gas advising of a rate increase to become effective after July 19, 1979, of 1.7520 per one hundred cubic feet, average increase of 5.1%, presented and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Ass't City Manager requesting an opportunity to provide the Council with an overview of the proposed work of Kim Weiler, recently hired to provide a variety of public information services for various City Departments, presented and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member King. Canied by the follow- Yeas-Mayor We: Members Brady, Far Nays-None. Communication of City Manager sub- mittin~ names, departments and condi- tions under which the CETA Yonth Program is operating under Operation New View from June 11th to August 3rd, presented and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Mayor's Smmner Youth Employment Program indicat- ing the program is progressing well, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member King. earned by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. , Council , Tnlly. 269 Nays-None. MINUTES SUBMITTED--Historic Preservation Commission of 5-22 & 6-5, Housing !ù>hab. Commission of 5-29, Dubuque County Municipal League of 3-6, Playground & !ù>creation Commis- sion of 5-14, Human Rights Commission of 4-11 and Transit Trustee Board of 5-10, presented and read. Council Member Tnlly moved that the minntes be received and filed. Second- ed by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Hilicrest Family Services submitting their annual report from May 1, 1978 to May 1, 1979, presented and read. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Printed Council Proceedings for the months of January and February, 1979, presented for Council approval. Council Member Tnlly moved that the proceed- ings be approved as printed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Petition of Evening Optimist Club requesting refund of $225., on Class "B" Beer Permit No. BB7241, discontinued business on 6-4-79, presented and read. Council Member Tnlly moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Communication of Corporation Coun- sel recommending denial of sewer back- up claim of Marie Motsch, presented and read. Council Member Tnlly moved that the recommendation of denial be approved. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. June 12, 1979 Honorable Mayor & City Council: Original Notice of Small Claim No. 7385 in the Iowa District Court, Dubu- que County, Iowa was served on the City of Dubuqne on April 16, 1979. 270 Special Session, June 18, 1979 Plaintiffs, Patrick N. Fox and Pallia J. Fox of 2053 lincoln Avenue, claimed damages for injury to two automobiles alleged to have been caused by defects in the public streets. The claim for $52.93 related to a sunken manhole cover on Roosevelt Avenue: the claim for $125.93 related to a 2'/2 foot wide potbole near the intersection of Hill- crest and Kennedy Roads. This matter was referred to tbe Legal Department which entered appropriate defenses. Both claims were tried before Judge Alan Pearson on June 4, 1979. Judge Pearson awarded damages in the amount of $125.93 for the pothole claim and dismissed tbe $52.93 manhole cover claim. It is, therefore, the recom- mendation of the Corporation Counsel that the City Auditor be instructed to issue warrant payable to Patrick N. Fox and Pallia J. Fox in the amount of $125.93 and transmit same to the Legal Department for dellvery upou receipt of I dilly executed releases. Original Notice and copy of Judgment Entry are enclosed. Legal Department By R. N. Russo Corporatiou Counsel Council Member Tnlly moved that the recommendation of settlement be ap- proved and Clty Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tnlly. Nays-None. NOTICES OF CLAIMS--Gerald V. Westemier, in the àmount of $40, for car damages incurred as the reslÙt of striking a protruding pipe into the street at Grandview & Delhi Sts. on 6-1-79: Odell A. Klipping, in the amount of $94.44, for curred as the result of opening a car door at Ave. on ~~t~~\:~~~:th~~:t 0~$8~;:' I as tbe result of negligence by a Key line Bus Operator at the corner of Loras & Iowa on 12-12-78: Notice of Suit of Catherine Steuer, in the amount of $12,000., as the result of a car accident involving a Key line Bus at corner of Lor as & Iowa Sts. on 12-12-78: Notice of Suit of St. Patricks Church, in the amonnt of $6600.. as the result of a car accident at the corner of Loras & Iowa Sts., involving a Key line Bus: Leonard Burke, in Small Claims Iowa District Court, in the amount of $906.96, as the reslÙt of a car accident at the corner of Loras & Iowa Sts. involving a Key line Bus; Robert & Juditb Curler, in the amount of $1451.53, for damage incurred as the result of sewer back-up at 2674 Mary- wood Drive on 5-17-79, presented and read. Council Member Tnlly moved that the Notices of Claims and Notices of Suits be referred to the Corporation Counsel for investigation and report. Seconded by r,ouncil Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. To the Honorable Mayor and Members of the èity Councll: The Civil Service Commission has conducted written examinations, on June 12, 1979, for the position of BUS OPERATORS under Section 400 of the 1979 Code of Iowa. The following named applicants have passed with an average of 7cP/o or better and are hereby certified to be considered for appointment. Nelson, James E. 98 % Wunderlich, Eleanor S. 92 % Paeper, DonaldR. 90% Ferguson, JamesP. 88% Terry, JamesD. 88% Bailey, KennethP. 84% Bandy, OaldeyJr. 84% Dittmar, ThomasJ. 84% Stalù, WilliamJ. 84% 1Iarry, Richard A. 82% Henry, RolandG. 82% Lanser, Jones MicheIle 82% Shaw, MarkO. 82% Slattery, Daniel J. 82 % Richard Zimmer Chairperson John E. Hess Friada Luther Clvil Service Commission ATTEST: Leo F, Frommelt Clerk Subscribed and sworn to before me this 13 day of June, 1979. Joleen A. Bechen Notary Public Council Member Tnlly moved that the communication be receivad and be made a Matter of Record. Seconded by CQuncil Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. King, Tully. Nays-None. To the Honorable Mayor and Members of the City Council: The Civil Service Commission has conducted written examinations, on June 12, 1979, for the position of WATER PLANT OPERATORS, under Section 400 of the 1979 Code of Iowa. Special Session, June 18, 1979 271 The following named applicants have passed with an average of 70 % or better and are hereby certified to be considered for appointment. Grace, Mark T. 78% Kline, GraigJ. 78% Kean, Nicholas G. 71 % Richard Zimmer Chairperson John E. Hess Frieda Luther Civil Service Commission the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Members Brady, Tully. Council reconvened in !ù>gular Ses- sion at II:36 P.M. Mayor Wertzberger announced they had set dates for interviewing candidates for City Manag- er position. There being no further business, Council Member Tully moved to ad- journ. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. LeoF. Frommelt Clty Clerk Approved - Adopted ATTEST: Leo F. Frommelt Clerk Subscribed and sworn to before me this 13 day of June 1979. Joleeu A. Becheu Notary Public Council Member Tnlly moved that the communication be received and be made a Matter of Record. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. To the Honorable Mayor and Members of the City Council: The Civil Service Commission has conducted written examinations on June 12, 1979, for the position of PLUMBING INSPECTOR under Sec. tion 400 of the 1979 Code of Iowa. The following named applicant has passed with an average of 70% or better and is hereby certified to be considered for appointment. Mullen, LouisA. 78% Richard Zimmer Chairperson John E. Hess Frieda Luther Civil Service Commission 1979 1979 - ATTEST: CQuncil Members City Clerk ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 13 day of June 1979. Joleen A. Bechen Notary Public Council Member Tnlly moved that the communication be received and be made a Matter of Record. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-Noue. Ed Ryan submitted a verbal report on the Fourth Street Area. At II:26 P.M. Council Member Far- rell moved to go into Executive Session to discuss persons who have applied for the position of Clty Manager. Seconded by Council Member King. Canied by Special Session, June 27,1979 273 Special Session, June 27,1979 factured products or of any commercial enterprise engaged in storing, ware- housing or distributing products of agriclÙture, mining or industry: and WHEREAS, the Issuer has been requested by Dubuque Supply Co. (the "Company") to issue its revenue bonds pursuant to the Act for the purpose of financing tbe acquisition by purchase of land, building, improvements and equipment suitable for use by the Company as an industrial facllity (the "Project"), located witbin the City of Dubuque, Iowa. WHEREAS, a Memorandum of Agreement in the form and with the contents set fortb in Exhibit A attached hereto, bas been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceed- inga necessary under the Act to issue its revenue bonds for such purpose: 272 la)AU commitrmmts on the part of the Issuer and the Company h€rein are subject to the conditi<m that on or before one year from the dßte hereof ( or such other dßte as sholl be mutuolly aqreed to ) the Issuer ond the Company shaU have agreed to mutuolly accept- able terms relating to the issuance and sok of bonds, ( b) The Company agrees that it win reimburse th€ Issuer for aU reasonolbe and necessary direct out-of-pocket ex- penses which the IssWJr may incur at its reqWJst ari8l'ng from the execution of this Agreement and the performance by the IssWJr of ils obligation hereunder, (c) All commitments of the IssWJr hereof are further subject to the conditions that the Issuer sholl in no evenl incur any lioJJility for any act or omission hereunder, and that such bonds described herein shaU nol consti- lute an indebtedness of the IssWJr within the meamng of any constitutionol or statutory provision and s/taU not constitute nor give rise to a pecuniary liability of the IssWJr or a charge againsl its generol credit or taxing powers, Dated this 27th day of June, 1979, Dubuque, Iowa Richard Wertzberger Mayor 1. Preliminary Ststement. Among the nwtters of mutunl Úulucement which have resulted in the execution of this Agreement are the foUoWlng: (a) The IssWJr is authorized by Chap- ter 419 of the Code of Iowa, 1979, as amended (the 'Act") to issWJ revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land buildIngs, improve- ments and equipment, or any interest therein, suitable for the w;e of any industry or Úulw;tries for the manufac- turing, proceS8!ng or assembling of any agricUlturol or manufactured products or of any commerciol enterprise engag- ed in storing, worehonsing or distribut- Ing produets of agriculture, mining or indw;t'"J, (b) The Company wishes to obto,¡n satisfactory assurance from the Issuer that the proceeds of such bonds win be available to finance the costs of the ac- quisili<m by purchase of kind build¡ng, improvermmts and equipment suitable for use by the Company as an industrid facility I the "Project"), located within the City of Dubuque, Iowa, which costs are presently estinwted to be $410,000, I c) The Issuer considers that the ucquisition and construclion of the Project and the fina=ng of the same win promote the welfare and prosperity of the Issuer and its citizens, 2. Undertakings on the Part of the Issuer. I aJ T1le IssWJr win begin the proceed- ings necessary to authorize the issuance ofsnch bonds. ( b) Subject to due compliance with oll requirements of klw, inclwiing the provisions of and the public hearing required by the Act, it win cooperate with the Company, in the issuance and sok of snch bonds, and the proceeds from the issuance of SWJh bonds sholl be loœned to the Company upon terms sufficient to pay the principol of and .nteresl and redemption premium, if any, on such bonds, as and when the same sholl become due, 3, Undertakings on the Part of the Cempany. I a) It 'WiU use oil reasonable efforts to cooperate with the Issuer and comply with the Act and oll other provisions of law relating to the Project and the .çsuance and sok of such bands, I b) II will enter iato a Loan Agree- ment with the [ssWJr under the terms of which the Cmnpany win obligate itself to pay to the Issue,' b..,mB sufficient to pay the principol of arul interest and redemption premium, if any, on sm:h bonds as and when the same sholl become due and payable, 4. (;"nerw Provisions. CITY COUNCIL OFFICIAL Special Session, June 27,1979. Council Met at 4:30 P.M. (C.D.T.) Present-Council Members Brady, Farrell, King, Tnlly. City Manager Gilbert D. Chavenelle. Absent at Roll Call-Mayor Wertz- berger. Mayor Pro-tern Farrell read the call and stated that service tbereof had been dilly made and this Meeting is called for the purpose of CONSIDERING A PRO- POSED INDUSTRIAL DEVELOP- MENT REVENUE BÙND FINANCING BY EXECUl10N OF A MEMORAN- DUM OF AGREEMENT WITH THE DUBUQUE SUPPLY CO. and acting npon such other business as may properly come before a !ù>gular Meet- ing of the City Council. COUNCIL MEMBER TULLY LEFT THE COUNCIL CHAMBERS AT 4:35 P.M. Communication of Attorney Dave Clemens, representing Dubuque Supply Co., on proposed Industrial Revenue Bond F1nancing, in the amount of $410,000" presented and read. Corpor- ate Counsel Russo submitted a verbal statement based on information receiv- ed from Paul Specr Associates. MAYOR WERTZBERGER ENTERED THE COUNCIL CHAMBERS AT 4:40 P.M. Council Member Brady moved that tbe communication of Attorney Dave Clemens be received and filed. Second- ed by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tnlly. RESOLUl10NNO.164-79. A Resolution authorizing the execution of a Me........,.J.wn of Agreement with Dubuque Supply Co. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of Dubu- que, Iowa, as follows: Section 1. The Memorandum of Agreement .n the form and with the contents set forth in Exhibit A attached hereto be and the sante is hereby approved and the Mayor is hereby avthorized to execute said Memoran- dum of Agreement and the Clerk is hereby o:uthorized to oltest the sante and to affix the seol of the Issuer thereto, said Memorandum of Agree- ment which constitvtes and is hereby made a part of this ResoIuti<m to be in substantiaUy the form, text and contain- ing the provisi<ms set forth in Exhibit A attached hereto. Section 2. OfficWl.s of the Issuer are hereby o:uthorized to toke such further acti<m as may be necessœr¡¡ to carry out the ivtent and purpose of the Memoran- dum of Agreement. Section 3. That aU resolutions and perts thereof in conflict herewith are hereby repeokd to the extent of such cmiflict. passed and approved this 21th day of June, 1979. Richard Wertzberger Mayor ATTEST: Leo F. Frommelt City Clerk EXHßIlT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREE- MENT is between tbe City of Dubuque, Iowa, (the Issuer") and Dubuque Supply Co. (the "Company"). A'I'fEST: Leo F. Frommelt Clerk Dubuque Supply Co, PalÙ E, Eisbach President Council Member Brady moved adop- tion of the !ù>solution. Seconded by Council Member King, Carried by the following vote: Yeas-Mayor Wertzberger, Couucil Members Brady, Farrell, King, Nays-Noue. Abseut-Council Member Tnlly, RESOLill10NNO.165-79 !ù>solution fixing s date for hearing on proposed Industrial Dev"lqpmem !ù>venue Bonds, Series 1979ji)\.buque Supply Co. Project) WHEREAS, the Clty of Dubuque, Iowa, in the County of Dubuque, State, of Iowa (the "Issuer") is an incorporated municipallty authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquir- ing, by construction or purchase, land. bulldinga, improvements and equip- ment, or any interest therein, suitable for the use of any industry or indnstries for the manufacturing, processing or assembling of any agricultural or manu- WHEREAS, The City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated muni- cipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended Ithe "Act") to issue revenue bonds for the purpose of financing the cost of acquir- ing. by ccnstruction or purchase, land, huilùings and equipment, or any in- terest therein, suitable for the USe of any industry 01' industries for the manufacturing, processing or assem- 274 Special Session, June 27,1979 bling of any agriclÙtural or manufactur- ed products or of any commercial enterprise engaged in storing, ware- housing or distributing products of agriculture, mining or industry. WHEREAS, the Issuer has been requested by Dubuque Supply Co. (the "Company") to issue its revenue bonds to finance the cost of the acquisition by purchase, of land, building, improve- ments and equlpment suitable for use by the Company as an industrial facllity (the "Project") located within the Issuer, which will employ substantial numbers of people from the Issuer with the resulting alleviation of unemploy- ment, increased employment, substan- tial payrolls and other public benefits flowing therefrom: and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development !ù>venue Bonds, Series 1979 (Dubuque Supply Co. Project) of the Issuer in the aggregate principal amount of $410,000 (the "Bonds") and to loan said amount to the Company under a wan Agreement between the Issuer and the Company the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. This CmtIwil shaU meet at the City HaU, Council Chember in Dubuque, Iowa, "" the 6th day of August, 1979, ol 7:90 o'clock, P,M., at which time and place a public hearing shaU be held "" the proposol to istrae the Bonds referred to in the preamble hereof, at which hearing aU locol residents who appear s/wJ1 be given an opportunity to express their views for or against the proposol to issue the Bonds. Section 2. The Clerk is hereby di- rected to give notice of intenti<m to issue the Bonds, setting forth the amount and purpose thereof, the time when and p/d£e where the hearing win be held, by publicali<m at least once not less then fifteen (15) dßy prior to the CÙlte fixed for the hearing, in the Telegraph Herold, a newspaper pub- lished and heving a generol circuloti<m within the issuer. The notice sholl be In subswntWlly the folWwing form: NO'I1CE OF INTENl'ION TO ISSUE lNDUSTIUAL DEVEWPMENT REVENUE BONDS SERIES 1979 ( Dubuque Supply Co. Project) The City Council of the City of Dubuque, Iowa, (the "Issuer") will meet on the 6th day of Augost, 1979, at City Hall Council Chamber, in Dubuque, Iowa, at 7:30 o'clock, P.M" for the purpose of conducting a public hearing on the proposal to issue Industrial Development !ù>venue Bonds, Series 1979 (Dubuque Supply Co, Project) of the Issuer, in the aggregate principal amount of $410,000, and to loan said amount to Dubuque Supply Co. (the "Company") for tbe purpose of defray- ing the cost, to that amount, of the acquisition by purchase of land, build- ing, improvements and equipment suit- able for use by the Company as an industrial facility. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Iasuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a wan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemp- tion premimn, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining wbether or not to proceed with the issuance of the Bonds. By order of the City Council, this 21th day of June, 1979, Leo F. Frommelt City Clerk Section 3. AU resoluti<ms and parts thereof in corifJict herewith are hereby repeokd to the extent of iuch corifJict, Passed and approved this 21th day of June, 1979. Richard Wertzberger Mayor ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the !ù>solution. Seconded by Council Member King. Canied by the following vote: Yeas'-Mayor Wertzberger, Council Members Brady, Farrell, King. 275 Special Session, June 27, 1979 Nays-None. Absent-Council Member Tully. COUNCIL MEMBER TULLY RE- ENTERED THE COUNCIL CHAM- BERS AT 4:45 P.M. Communication of F1scher Compauies requesting vacation of north end of Tower Street and the alley (25,560 sq. ft.) in exchange for an easement at the south end of their property equivalant to the same area, for use as rallroad trackage, also as an alternative, offer- ing $20,000. for approximately 25,560 sq. ft., presented and read. Council Member Brady moved that the communication be received and fIled. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Brady moved to suspend the rules to let anyone present address the Council if they so desire. ~~~egy ~¡;e fill~~g ~~f'.~er Tully, Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Dock Commissioner Wm. Conzett advised the key to this request is wharfage: Advised Pillsbury Co. paid $21,000. and Conti paid $29,000. last year in wharfage: Expressed concern with competitive effect it would have on other tenants; Property tax alone is not sufficient to maintaio streets in the area. He requested not to vacate streets without demanding wharfage from F1scher co.: Hesitant to force Burlington R. R. to move tracks: Questioned who pays the cost for moving the railroad tracks? He advised Mr. Kehl was flÙly aware that tracks were there when mUseum was negoti- ated. Claude March of F1scher Indus- tries informed Council that Cargill is proposed tenant and tbey have given their letter of intent to F1scher Com- panies; Also made an offer of $20,000 for the street and alley. He informed Council that if wharfage fees are forced, Car!(Îll's deal wolÙd have to be re-nego- tiated: Was of opinion that Bell Street sholÙd be opened over to Wall Street. Dave Strohm, also of Fischer Indus- tries, staled that wharfage fees are not connected to the street maintenance: It is private land; Entire parcel pur- chased by F1scher Compauies in 1890: SholÙd have unrestricted access to the river. Council Member Tnlly moved to reject the offer of $20,000. from F1acher Companies. Seconded by Council Mem- ber Farrell. Canied by tbe following vote: Yeas-Council Members Brady, Far- rell, King, Tnlly. Nays-Mayor Wertzberger. Communication of Chamber of Com- merce advising of a meeting of an Ad-Hoc Committee of the Dubuque Area Industrial Development Corpora- tion and the Chamber relative to Petrakis Park and vacation of Tower St., presented and read. Bert McCormick of Dubuque Area Chamber of Commerce advised the Council that the railroad is very ada-' mant on holding their property. Council Member Tnlly moved that the communication of Chamber of Com- merce be received and filed and Staff be instructed to continue negotiations on street and alley in question and make available, for i.e. $1.00 plus, in addition that wharfage arrangement be made. Seconded by Council Member Brady, Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully, Nays-None. Communication of Planning & Zouing approving reclassification request from AG Agricultural District to R-2 !ù>si- dential District of a preliminary de- velopment plan & PUD for 21 acres west of Brunskill road, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farell, King, Tully. Nays-None. AN ORDINANCE of the City of Dubnque, Iowa, providing that the Code of Ordinances, Clty of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zouing Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying "wt 2 of 'Hansel's Addition' all in the City of Dubuque", said described pro- perty lying west along Brunskill Road from AG AgriclÙtural District to R-2 !ù>sidential District Classification, pre. sented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly, Nays-None. Council Member Farrell moved that the rille requiring an Ordinance to be received and fIled at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by 276 Special Session, June 27, 1979 Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully, Nays-None. Council Member Farrell moved that a public hearing be beld on the Ordinance on July 16, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Brady, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Center Commission, presented and read. Council Member Tully moved to ac~ cept the resignation with regret. Seconded by Council Member Farrell, Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Farrell moved that Dave Fyten to be appointed to the Civic Center Commission for a 2 ycar term eapiring 5-29-81 (replacing Vaughn Gayman). Seconded by Council Mem- ber Tnlly. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None, Council Member 'fully moved that David Bonnett be reappointed to the Civic Center Commission for a 2 year term expiring 6-29-81. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly, Nays-None. Council Member Brady moved that Jacquie Merritt be appointed to the Civic Center Commission for an un- expired 2 year term eapiring 6-29-80 (replacing Philip T, Kelly). Seconded by Council Member Farrell. Canied by the following vote: Yeas-Council Members Brady, Far- rell, King. Nays-Mayor Wertzberger, Council Member Tully, Council Member King moved that Wayne Norman be appointed to the Civic Center Commission for a 2 year term expiring 6-29-81. Seconded by Council Member Brady, VOTE ON THE MOTlON WAS AS FOLLOWS: Yeas-Council Members Brady, King. Nays-Mayor Wertzberger, (',ouncil Members Farrell, TlÙly. MOTION FAILED, Mayor Wertzberger moved that Thomas !ù>illy be reappointed to the Ristoric Preservation Commission for a 3 year term eapiring 6-29-82 (represent- ing At-large), Seconded by Council Member King, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, King, Tnlly. Nays-Council Member Farrell. COUNCIL MEMBER TULLY LEFT THE COUNCIL CHAMBERS AT 6:50 P.M, Mayor Wertzberger moved that Ken Sargent be appointed to the newly formed Ambulance Study Task Force (represcntiug Mercy Hospital). Se- AN ORDINANCE of the City of Dubuque, Iowa, providing that tbe Code of Ordinances of the City of Dubuque, Iowa, be amended by revis- ing Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", which amendment shall establish a Planned Unit Development Designation on "Lot 2 of 'Hansel's Addition' all in the City of Dubuque, Iowa" said property lying in an R-2 !ù>sidential District west of Brunskill Road in tbe City of Dubuque, Iowa, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully, Nays-None. Council Member Farrell moved that tbe rille requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with, Seconded by Council member Brady. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None, Council Member Farrell moved that a public hearing be held on the Ordinance on July 16, 1979 at 7:30 o'clock P.M. in the Council Chamber at tbe City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law, Seconded by Council Member Brady, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-Nonc. COUNCIL RECESSED AT 6:15 P.M. RECONVENED IN REGULAR SES- SlON AT 6:25 P.M. Communication of Philip T, Kelly sub- mitting his resignation from the Civic Special Session, Jnne 27, 1979 277 conded by Council Member Farrell, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Council Member Farrell moved that Phyllis Anger be appointed to the newly formed Ambulance Study Task Force (representing Finley Hospital). Second- ed by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger Council Members Brady, Farrell, King, Tully. Nays-None, Absent-Council Member Tully. Mayor Wertzberger moved that Gary !ù>inerts be appointed to the newly formed Ambulance Study Task Force (representing Xavier Hospital). Se- conded by Mayor Wertzberger, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Absent-Council Member Tnlly. Council Member Brady moved that Richard Jones be appointed to the newly formed AmblÙance Study Task Force (representing Ambulance Driver), MOTlON DIED FOR LACK OF A SECOND, Council Member King moved that the recommendation for the representation of Ambulance Driver on the newly formed Ambulance Study Task Force be referred back to F1re Chief Dunphy to come back with one name only, Seconded by Council Member Farrell, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Brady, Absent-Council Member Tully. Council Member Farrell moved that Craig Rose O.D. be appointed to the newly formed AmblÙance Study Task Force (representing Dubuque County Medical Society). Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tnlly. Council Member Farrell moved that Patricia Gabrielson be appointed to the newly formed AmblÙance Study Task Force (representing Dubuque Nursing Homes). Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent--Council Member Tully, Council Member Brady moved that Donald Allendorf be appointed to the AmblÙance Study Task Force (repre- senting Citizen Members), Seconded by Mayor Wertzberger. Canied by the foliowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays--None, Absent-Council Member Tnlly. Council Member Farrell moved that Ann Sweeney be appointed to the AmblÙance Study Task Force (repre- senting Citizen Members), Seconded by Council Member Brady, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully, Council Member Brady moved that R. C. "Jack" Schaefer be appointed to the Ambulance Study Task Force (re- presenting Citizen Members). Second- ed by Council Member Farrell, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Mr. Thomas Millitzer of Telepromp- ter TV advised Council that present Cable Commission works well with them: Commission has $27,000. in funds to be spent on Communtiy Access. Mayor Wertzberger moved that Don Allendorf and Gary Haverland be ap- pointed to the TV Cable Commission for an unexpired 2 year term expiring 6-29-80 and Charles Ellis, James !ù>nier, Gary A. Emenitove, Rhea Sandven and !Ù>X Reynolds be ap- pointed for 2 year terms expiring 6-29-81. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Nays-None, Absent-Council Member Tnlly. Council Member Brady moved to table appointments to the Housing Code Board of Appeals for representations from the Bullding Code, Electrical Board of Appeals and Plumbing Board to Monday night's Council Meeting. Seconded by Mayor Wertzberger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Nays-None. Absent-Council Member Tully, Council Member Farrell moved that Charlotte Kelly be appointed to the Housing Code Board of Appeals repre- Ii sentin~ the Housing Commission. I' Seconded by Mayor Wertzberger, I Carried by the following vote: i Yeas-Mayor Wertzberger, Council Members Farrell, King, 278 Special Session, June 27,1979 Nays-Council Member Brady. Absent-Council Member Tnlly, Council Member Brady moved that Joseph Backes be appointed to the Housing Code Board of Appeals repre- senting Housing !ù>habilitation Com- mission. Seconded by Mayor Wertz- berger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Mayor Wertzberger, Council Member Brady. Nays-Council Member Farrell. Abstain-Council Member King. Absent-Council Member Tnlly, MOTION FAILED. I Council Member Farrell moved that Wm. Hannnel be appointed to the' Housing Code Board of Appeals repre. senting Housing !ù>babilitation Com- mission. Seconded by Mayor Wertz- berger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Mayor Wertzberger, Council Member Farell. Nays-Council Member Brady, Abstain-Council Member King. Absent-Council Member Tnlly. MOTION FAILED. Mayor Wertzberger moved to table the appointment to the Housing Code Board of Appeals representing Housing !ù>habilitation Commission to the Coun- cil Meeting of Monday night. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Nays-None. Absent-Council Member Tully. Council Member Farrell moved that Delores Johnson be appointed to the Housing Code Board of Appeals repre- senting At-Large. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tnlly. Mayor Wertzberger moved that Don Diech be appointed to the Housing Code Board of Appeals representing At- Large. Seconded by Council Member Brady. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Member King. Absent-Council Member Tully. Council Member Brady moved that Sol Kessler be appointed to the Housing Code Board of Appeals representing At-Large. Seconded by Mayor Wertz- berger. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Member King. Absent-Council Member Tully, There being no further business, Council Member Farrell moved to ad- journ, Seconded by Mayor Wertz- berger, Carried by the following vote: Yeas-Mayor Wertzberger, Couucil Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully, Leo F. Frommelt City Clerk Approved Adopted Council Members ATTEST: City Clerk 1979 1979 Regular Session, Jnly 2, 1979 279 CITY COUNCIL OFFICIAL !ù>glÙar Session, JlÙY 2, 1979, Council Met at 7:30 P.M. (C.D,T.) Present-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully, City Manager Gilbert D. Chavenelle. Mayor Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of acting upon such busi- ness as may properly come before the Meeting. Iovocation was given by !ù>v. Kunsch of St. Patrick's Church. GasoHoe Emergency Proclamation was presented and read. The Chamber of Commerce intro- duced a list of members of the Cham- ber's Emergency Energy Planning Task Force, Proof of Publication, certified to by the Publisher, of Notice of Hearing on Notice of Pendency and !ù>solution of Necessity on proposed plans, specs. and form of contract for construction of 1979 Asphalt Paving Project No.1 consisting of Alley at City Hall from Central Avenue to Iowa St., Alpine St. from the N.P.L, of Dodge St. to the S.P,L. of University, Ave., Bluff St. from tbe north curb line of Dodge St, to the south curb line of Jones St" Burch St. from the S.P,L. of Hill St. to the N.P.L. of Fenelon Place, Devon Drive from the north curb line of Dodge St. to the south curb line of Mineral St" Dodge Street crack filling from Bluff St. to Grandview Ave., Dove St. from the south curb line of Sunset Park Circle to a point 440' south therefrom, 5th St. from the west curb Hoe of Locust St. to the east curb line of Bluff St., Nevada St. from the N.P.L, of Dodge St. to the S.P.L. of West Third St., 9th St. from the E.P.L. of Central Ave. to the W.P,L. of White St., O'Neill St. from the W.P.L. of Burden Ave. to the E.P.L. of Brunswick St., Pennsylvania Ave. from the west curb Hoe of Chaney Rd. to the east curb line of Lenox Ave., Rockdale Rd. from the south curb line of Grandview Ave, to a point 150' south of Kehl Court, Rosemont St. from the north curb line uf Pennsylvania Ave. to a point 200' north of Creston St., Sunset Park Circle from the west curb line of John F. Kennedy Road to a point 330' north of Meggan Drive, White St. from Fourth St. to F1fth St. and from Sixth St. to Eighth St" Windsor Ave. from the W.P.L. of Rhomberg Ave. to the W.P.L. of East 22nd St., and Wood St, from the N.P.L. of Loras Blvd. to the S.P,L. of Rosedale Ave" presented and read. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None, Statement of City, Clerk certifying that notices of hearing on !ù>solution of Necessity were mailed by certified mall on June 8, 1979, to property owners of record subject to assessment on 1979 Asphalt Paving Project No.1, pre- sented and read. Council Member Tnlly moved that the statement be received and filed. Seconded by Council Member Farrell. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Petition of W. D. Deckert Co, objec- ting to the paving of Ninth St. from Central to White Sts" presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tillly. Canied by the following' vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Charles & Addie Hafer- hecker objecting to assessment for paving of Windsor from Rhomberg to E, 22nd St., presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member King. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Petition of William J. Stoffel et al objecting to the paving of O'Neill St., presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tully. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Petition of Ed Kaufman et al being in favor of paving O'Nelli St. (8 signers), presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tully. Canied by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Petition of Gertrude Weiner objecting to paving of O'Neill St., presented and read.