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1978 January Council Proceedings 1 Regular Session, January 2,1978 CITY COUNCIL OFFICIAL Regular session. January'2, 1978. - No members of the City Council being present, the meeting was adjourned sub- ject to call. Leo F. Frommelt City Clerk Approved .. . . . . . . . . . . .. . .. . .. .. 1978 Adopted.. . .. .. .. .. . .. .. . .. .... 1978 Councilmembers ATTEST: City Clerk """ "'-" ..^'~~: 3 DUbuque funds , _ in amounts not to exceed the amount named opposite each of said designated depositories and the Ci.ty Treasurer is hereby authorized to deposit the City of Dubuque, Iowa funds in amounts not to exceed in the aggregate the amounts named for said banks as follows'lto-wit: Maximum Deposit under this resolution $15,000,000.00 $10,000,000.00 $10,000,000.00 $10,OQO,OOO.OO C ITY C 0 U N C I L City Manager Gilbert D. Chavenelle City Clerk Leo F. Frommelt City Solicitor R.,N. Russo OFFICIAL Passed adopted, and approved this Adjourned Regular Session, January 3rd day of January, 1978. 3.1978. Tbomas A. Tully Jr. Council met at 7:30 P.M. (CST) Mayor Present: Council Members Brady, Richard Wertzberger Farrell, King, Tully, Wertzberger. D. Michael King Meeting was called to order. Invoca- James E. Brady tion was given by Rev. Msgr. Norbert T. Carolyn Farrell Barrett, pastor of St. Raphael's Cathe- Councilmembers dral. ATTEST: Former Councilman Pregler addr~ss- Leo F. Frommelt ed the Council Members by expressmg City Clerk his gratitude for having been able. to 'Council Member Wertzberger moved serve the community with them durmg that Gilbert D. Chavenelle be appointed his term in office. City Manager. Seconded by Mayor Tul- The City Clerk swore in the newly ly. Carried by the following vote: elected Council Members; - Ja~es E. Yeas-Mayor Tully,Councilmembers Brady, Carolyn Farrell, and D. Mlch~el Farrell, King, Wertzberger. King for four year terms commencmg Nays-Councilmember Brady. the second secular day of January 1978. Council Member Wertzberger moved The new members qualified for office that Leo F. Frommelt be appointed City during the month of Decemb~r at t?~ Clerk. Seconded by Council Member time they were presented their certrfI- Farrell. Carried by the following vote: cates of election. Yeas _ Mayor Tully, Councilmembers Council Member Wertzberger moved Brady, Farrell, King, Wertzberger. that Council Mem~er Tully be elected Nays-none. Mayor for the ensumg year of 1978. Sec- Council Member Wertzberger moved onded by Council Member Farrell. Car- that R. N. Russo be appointed City Soli- ried by the following vote: citor. Seconded by Council Member Yeas - Mayor Tully, Councilmembers King. Carried by the following vote: Farrell, King, Wertzberger. Yeas _ Mayor Tully, Councilmembers Nays-Councilmember Brady. Brady, Farrell, King, Wertzberger. The City Clerk swore in Mayor Tully Nays-none.. who took his place in the Mayor's chai,:. Mayor Tully swore in newly appoint- Mayor Tully moved that CounCil ed City Manager, Gilbert D. Chavenelle, Member Wertzberger be elected Mayor City Clerk, Leo F. Frommelt, and R. N. Pro Tern for the year 1978. Se~onded by Russo, City Solicitor. Council Member Farrell. CarrIed by the following vote: RESOLUTION NO. 2.78 Yeas - Mayor Tully, Councilmembers Designating the Official Newspaper of Brady, Farrell, King, Wertzberger. the City of Dubuque, Iowa. Nays-none. Be it resolved by the City Council of RESOLUTION NO. 1.78 tbe City of Dubuqne, Iowa: Providing for the Appointment of a Ci. That "The Telegraph Herald" a daily ty Manager, City Clerk, and City Solici. newspaper of general circulation, be ap- tor for the City of Dubuque, .Io.wa; Pre;" pointed the official newspaper of the viding for their Bonds and FIXing their City. Salaries. Passed, adopted, and approved this BE IT RESOLVED BY THE CITY 3rd day of January, 1978. COUNCIL OF THE CITY OF DUBU. Tbomas A. Tnlly Jr. QUE. lOW A: Mayor That the following officers be appoint- Richard Wertzberger ed, subject however, to the right of the D. Michael King Council to declare such offices vacant or James E. Brady remove the officers therefrom at the Carolyn Farrell pleasure of the Council with or without Councilmembers cause, and to be paid the compensation ATTEST: provided in the current budget an? that Leo F. Frommelt the City Manager provide a bond m the City Clerk amount of $5,000, and the City Solicitor provide a bond in the amount of $1,0?0; at their own expense, and that the CIty Clerk be covered under the blanket Hon- esty bond of the City. Adjourned Regular Session, January 3, 1978 Yeas -Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays - none. RESOLUTION NO. 3.78 Be It Resolved by the City Council of Dubuque County, Iowa: That we. do hereby designate the following named banks to be depositors of the City of Adjourned Regular Session, January 3, 1978 2 Maximum Deposi in effect under prior resolution $15,000,000.00 $10,000,000.00 $10,000,000.00 $10,000.000.00 Midwestern Casualty & Surety Co., Bond No. FO-56382, $5,000. to December 31.1978. Gerald Hird, City Treasurer, The Ohio Casualty Insurance Company, Bond No. 1899291, $50,000. to December 31.1978. May we ask for approval of same? Gilbert D. Chavenelle City Manager Council Member King moved that the communication be received and filed and filing be approved. Seconded by Council Member Farrell. Carried by the follow- ing vote: Y eas- Mayor Tully, Councilrriembers Brady, Farrell, King, Wertzberger. Nays-none. Name of Depository location American Trust & Savings Bank Dubuque, Iowa DUbuque Bank & Trust Co. DUbuque, Iowa First National Bank of Dubuque Dubuque, Iowa ~ey City Bank & Trust Co. Dubuque, Iowa Dated at Dubuque, Iowa, this 3rd day of January, 1978. (SEAL) Leo F. Frommelt Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas -Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger, Nays-none. January 3,1978 To the Honorable Mayor and Members of the City Council We hereby submit personal official bonds for the City Manager and City Treasurer as follows: Gilbert D. Chavenelle, City Manager Flags Center Commission submitting minutes of their meeting of December 21, 1977, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas -Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Community Devel- opment Commission submitting minutes of their meeting of December 13, 1977, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Mem ber Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays - none. Communication of Dubuque Housing Rehabilitation Commission submitting minutes of their meeting of December 20, 1977, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. December 27, 1977 Honorable Mayor and City Council As City Manager, I wish to advise your Honorable Body that all officers and employees who I have power to ap- point and are under my supervision di- rection, and control and whose appoint- ments continue at the pleasure of the Manager, and who are now serving in their respective capacities,' will be paid salaries in accordance with the detailed distribution of proposed expenditures for the period of July 1, 1977 through June 30, 1978, as amended, which the Council established at the time of budget hearing and as set out in the attached, Wage, Salary and Benefit Book. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed and approved. Seconded by Mayor TuUy. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Proclamation proclaiming month of January, 1978 as "Alien Address Report Month" was read, approved and signed by Mayor Tully. Communication of Five Dubuque Council Member Wertzberger moved adoption ofthe Resolution. Seconded by Council Member King. Carried by the following vote: 5 more screening may be necessary while in others. such as adjoining a rock bluff, less would be in order. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Brady moved that the communication be received and filed. Seconded by Council Member Wertz- berger, Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Section 1. That the Code of Or- dinances of the City of Dubuque. Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa '; by repealing Section 4-104.4 4J of Article IV thereof, and en- acting a new Section 4-104.4 4) of Article IV in lieu thereof, as follows: the issuance of any building permits for property included within the scope of. the amendment, pursuant to City Code Section 10-4. Recognizing the serious im- pact of a moratorium over such a broad area, it had been our hope that the mat- ter could be resolved over the winter months while building activity would be slight. It is now apparent that the matter will not be resolved before the moratori- um would have detrimental effects on several projects that were nearing de- velopment. It is also apparent that the only means of relieving the moratorium is through rejection of the proposed amendment. Therefore, the Planning and Zoning Commission has voted to re- ORDINANCE NO. 1.78 commend rejection of the proposed com- AN ORDINANCE OF THE CITY OF prehensiveamendmentforzoninginthe DUBUQUE, IOWA, PROVIDING THAT John F. Kennedy Road corridor and bas THE CODE OF ORDINANCE, CITY OF closed its public hearing on the matter. DUBUQUE, IOWA, BE AMENDED BY The Commission intends to continue REVISING APPENDIX A THEREOF its work on Kennedy Road zoning and ALSO KNOWN AS THE "ZONING OR: roadway development matters. Tbe DINANCE AND ZONING MAP OF THE West Side Business and Professional CITY OF DUBUQUE, IOWA", BY RE. Association bas been asked to appoint a PEALING SECTION 4.104.4 4) OF AR. planning committee to assure their ef- TICLE IV AND ENACTING A NEW feetive participation. It is onr bope tbat SECTION 4.104.44) OF ARTICLE IV IN road improvement plans may be con- LIEU THEREOF, TO PROVIDE FOR firmed in tbe montbs abead, and that a PARKING AND STOJlAGE OF AUTO. consistent zoning regulation could be de- MOBILES IN R.DISTRICTS AS A CON- veloped simultaneously. DITIONAL USE, City Planning said Ordinance having been previously and Zoning Commission presented and read at the Council Daniel Dittemore' Meetings of November 21, 1977 and Director of December 19, 1977, presented for final Community Development adoption. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. ORDINANCE NO. 1-78 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCE, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR. DINANCE AND ZONING MAP OFTHE CITY OF DUBUQUE, IOWA", BY RE. PEALING SECTION 4.104.4 4) OF AR- TICLE IV AND ENACTING A NEW SECTION 4.104.4 4)OF ARTICLE IV IN LIEU THEREOF, TO PROVIDE FOR PARKING AND STORAGE OF AUTO. MOBILES IN R.DlSTRICTS AS A CON- DITIONAL USE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Adjourned Regular Session, January 3,1978 1977 Honorable Mayor and City Council At your public hearing, December 19, 1977, you directed staff to prepare pro- visions for screening requirements to be included in an amendment to Ordinance 32-75, Section 4-104.4 Storage of Auto- mobiles in Residential Districts. A list of four alternatives are enclosed. The Planning staff would recommend to you the fourth alternative. This alterna- tive provides, as the others do, that a sight-obscurring screen must be provid- ed and maintained. Unlike the other al- ternatives, however, this one allows a needed flexibility to address the range of unique circumstances which invari- ably occur. The specific character of each proposed site and its surrounding area can be considered in applying the screening requirements. In some cases. December 28, Adjourned Regular Session, January 3,1978 December 27, 1977 Honorable Mayor and City Council In its final recommendation to you in the matter of H.R.W. Associates peti- tion for C-6 zoning, the Planning and Zoning Commission had reported its finding that existing zoning regulations in the Kennedy Road area could poten- tially permit development with traffic impacts greater than the capacity of an imprc:fved roadway. The Commission had instructed its staff to investigate a zoning aIdendment that would regulate land-use intensity in balance with road- way capacity limitations. This amend- ment, while still in a preliminary form, was submitted to a public hearing by the Commission on December 15.1977. THe draft amendment was proposed to in- clude all commercial, professional office, and higher-density residential proper- ties commonly identified as the J. F. Kennedy Road corridor area. The act of calling a public hearing on this matter sets in place a prohibition on cer of USS Dubuque extending holiday gr.eetings from ship and crew in Port- land, Oregon, presented and read. Coun- cil Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Peoples Natural Gas advising of decrease in bills issued after December 16, 1977 by .949if: to in- town residential and commercial firm customers and decrease by .935if: to rural small volume customers, presented and read. Council Member Wertzberger moved that the communication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, CounciImembers Brady, Farrell, King, Wertzberger. Nays - none. Communication of City Development Board relative to annexation of territory within the urbanized area of the City of Dubuque by City of Asbury and inviting present oral or written comments rela- tive to the petition before January 23, 1978, presented and read. Council Mem- ber Wertzberger moved that the com- munication be received and filed and Ci- ty Development Board be advised of UNo Objection to the Proposal." Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. 4 Communication of Citizens Advisory Commission submitting minutes of their meeting of December 13, 1977, present- ed and read. Council Member Wertzber- ger moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Airport Commis- sion submitting minutes of their meet- ing of December 15, 1977, presented and read. Co.uncil Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Playground and Recreation Commission submittingmin- utes of their meeting of December, 12, 1977, presented and read. Council Mem- ber Wertzberger moved that the min- utes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Board of Dock Commissioners submitting minutes of their meeting of November 23,1977, pre- sented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Planning & Zoning Commission submitting minutes of their meeting of December 15, 1977, present- ed and read. Council Member Wertzber- ger moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Communication of William C. Fuerste commending ambulance drivers on their extreme competency, courtesy and com- mand in a life-threatening situation, pre. sented and read. Council Member Wertzberger moved that the communi- cation be received and filed and congrat- ulations be sent to the Fire Department. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell. King, Wertzberger. Nays-none. Communication of Commanding om. J<~_~:-C..~-.~ 7 publication be received and filed. Seconded by Council Member Wertz- berger. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, W ertzberger. Nays-none. AN ORDINANCE of tbe City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by repealing Section 4-109.2 thereof, and by enacting a new Section 4-109.2 thereof, providing for principal permitted uses in the OR-1 Office Residential District, said Ordinance hav- ing been previously presented and read at Council meeting of December 5, 1977, presented for final adoption. Council Member Brady moved final adoption of the Ordinance as presented. Seconded by Mayor Tully. VOTE ON THE MOTION WAS AS FOLLOWS, Yeas - Councilmember Brady. Nays-Mayor Tully, Councilmem- bers Farrell, King, Wertzberger. MOTION FAILED. Council Member Wertzberger moved to table the Or- dinance. MOTION DIED FOR LACK OF SECOND. Council Member Brady moved that the Ordinance be referred back to Plan- ning & Zoning Commission. MOTION DIED FOR LACK OF A SECOND. Council Member Brady moved that the Ordinance be referred back to the Planning & Zoning Commission with the instructions to study intensity of use of all OR-1 uses and cosmetologists, beauti- cians and barbers and high incidence of retail and the impact on residential areas. Seconded by Council Member W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Petition of Lorraine B. Oster et al (7 signers) requesting the installation of a street light on Kelly Lane, presented and read. Council Member Wertzberger moved that the petition be referred to the City Manager and Electrical Inspec- tor. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Petition of Elizabeth Ryan requesting postponement of the vote on the inner ci- ty freeway, citizens will be happier with a: vote on needed transportation if it comes early in 1978, presented and read. Council Member Wertzberger moved that the petition be received and. filed Adjourned Regular Session, January 3,1978 bers of the Council to endorse approval upon said plat, presented and read. Council Member Wertzberger moved that the Notice of Petition be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas "";Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays--none. Notice (lIf Claim of Violet A. Tujetsch, in an unnamed amount, for personal in- juries received in a fall at 902 Main Street on a curb cut at 902 Main Street on December 8, 1977, presented and read. Council Member Wel'tzberger moved that the Notice of Claim be refer- red to the City Attorney for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays - none. Notice of Claim of William H. Baker, in the amount of $435.34, for car damage incurred as the result of said car being struck by a city-owned bus at University and Alpine on December 23, 1977, presented and read. Council Member Wertzbergermoved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas.,-- Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing providing for the amendment and re- vising of Appendix"A" of the Code of Or- dinances also known as the Zoning Or- dinance, by repealing Section 4-109.2 and enacting a new Section 4-109.2 thereof providing for principal permit- ted uses in the 0R-1 Residential District, presented and read. Atty. Dennis Naughton, representing Mrs. Pat Klossner and Mrs. Rhonda Kronfeldt, spoke to Council as being in favor of allowing beauticians and cosme- tologists in OR-1 Residential District; Professions listed in State Code of Iowa; City Ordinance has left out cosmetol- ogists and barbers: Questioned service to neighborhoods: Planning & Zoning misled by Staff: Information theyreceiv- ed was incorrect. Rhonda Kronfeldt, Loras Blvd., requested appeal to sense of justice and on going changes. Pat Klossner, 2095 Clifford Street, stated cosmetology governed by State of Iowa; No opposition from the public on this matter. Mayor Tully moved that the proof of Adjourned Regular Session, January 3, 1978 Communication of Eric A.ISchulz re- questing to be heard to repor~ on the al- ternatives to the proposed pre-sale in- spections of housing at the point of sale, presented and read. Council Member Wertzberger moved to suspend the rules to let anyone pre- sent address the Council if they so de- sire. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Eric A. Schultz spoke to the com- munication and presented reports. Council Memb~r ~ertzber~e~moved that the commumcatIon and t~rts be received and filed and referred to. Coun- cil. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully. Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Community Devel- opment Specialist submitting a list of names for appointment to the Communi- ty Development Commission, presented and read. Council Member Wertzberger moved that the communication be refer- red to Council. Seconded by Mayor Tul- ly. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Suit of Sharon Rose & Daniel J. Pluemer, in the amount of $425,000. for personal injuries received, as the re- suIt of a high speed chase of a police of- ficer on December 16, 1975, presented and read. Council Member Wertzberger moved that the Notice of Suit be refer- red to the City Attorney for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger., Nays-none. Notice of Claim of Harry Saunders, in A TTEST: the amount of $30., for car damage incur- Leo F. Frommelt red as the result of driving into a hole in City Clerk the street at 32nd Street on December Published officially in the Telegraph 17, 1977, presented and read. Council Herald Newspaper this 6th day of Jan- Member Wertzberger moved that the uary 1978. Notice of Claim be referred to the City Leo F. Frommelt Attorney for investigation and report. City Clerk Seconded by Council Member Farrell. 1 t 1/6 Carried by the following vote: Council Member Brady moved adop- Yeas-Mayor Tully, Councilmembers tion of the Ordinance as amended. Brady, Farrell, King, Wertzberger. Seconded by Council Member Wertz- Nays-none. berger. Carried by the following vote: Notice of Petition in Equity of Iowa Yeas-Mayor Tully, Councilmem- Northwestern Development Co., rela-, bers Brady. Farrell, King. Wertzber- tive to Council rejection of plat of Block 7 ger. of Arbor Oaks Subdivision and re- Nays-none. questing a court order directing mem- it is located adjoining or separat- ed only by a street or alley from the commercial or institutional use it serves. No structure other than a screen- ing or security fence or wall shall be erected on the premises; signage shall be limited to two (2) free-standing signs no more than twelve (12) square feet in size, identifying the parking or stor- age use, providing directions or marking entrance and exits thereto: permanent screening shall be constructed of natural vege tation or decorative fencing of sufficient size and character to reasonably obscure the view of the automo- biles so parked or stored from ad- Jacentresidences, well keeping in harmony with the particular residential setting. a Site Plan shall be submitted and approved as provided in Sec- tion 5-103 of this Ordinance." Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 3rd day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers 4.104 R.1.Residentia Regulations "Section 4.104.4 Cond Uses Off-street parking or storage of automobiles to serve a permitted use in a nearby commercial or institu- tional district only, and provided that: a. strict ona D d. e. b. e. 6 Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Abstain -CounCilmember King. December 21, 1977 Honorable Mayor and City Council It is requested that the Council set public hearing dates for the Community Development Block Grant Fund Ap- plication and that the City Clerk be authorized to publish notice. The hearings should be conducted at Council meetings on January 16th and February 6th. Gilbert D. Chavenelle City Manager 9 Council Member Wertzberger moved that the commlfnication be received and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, W ertzherger. Nays-none. RESOLUTION NO. 5.78 Authorizing Publication of Notice of Public Hearings for lhe Use of Com. munity Development Block Grant Funds WHEREAS, tbe City of Dubnqne is entitled under Title I of the Housing and Community Development Act of 1974 to certain Community Development Block Grant funds; and WHEREAS, the regulations govern- ing the submission of an application for such funds requires that citizens be pro- vided with adequate information con- cerning the Community Development Block grant program and an adequate opportunity to participate in the development-of the application and in the development of any revisions, chang- es or amendments; and WHEREAS, it is deemed to be in the best interests of the Community Devel- opment Block Grant program to hold certain hearings to supplement previously held neighborhood meetings, city-wide meetings, meetings with public and private agencies, City Man- ager's budget meeting, and the various meetings conducted by the Community Development Commission NOW THEREFORE BE 1T RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and directed to publish notice of the public hearings in the form of exhibit "A" attached hereto and made a part hereof. Adjourned Regular Session, January 3,1978 To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Raymond Boleyn and Leila Jane Boleyn as owner; and contractor who will install the street work. g. To construct said improvemts, by Angnst 1, 1978. and further provided that said Raymond Boleyn and Leila Jane Boleyn, as owners of said Subdivision, secure the perfor- mance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Raymond Boleyn & Leila Jane Boleyn, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND Ap. PROVED by recorded roll call this 8rd day of January, A.D., 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ACCEPTANCE OF RESOLUTION NO. 4-78 We, the undersigned Raymond Boleyn & Leila Jane Boleyn having read the terms and conditions of the forego- ing Resolution No. 4-78, and being fa- miliar with the conditions thereof, here- by accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this' 30th day of January,1978. Raymond Boleyn Leila Jane Boleyn TO: LEO F. FROMMELT CITY CLERK This is to certify that the security pro- vided by the foregoing RESOLUTION NO. 4-78 has been furnished by the own- ers. Dated at Dubuque, Iowa, this 30th day of January, 1978. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: ATTEST: Leo F. Frommelt City Clerk f. ~ Section 2. Tbat tbe plat of "Nortb Point Heights in Dubuque Township, Dubuque County, Iowa", in the County of Dubuque, Iowa, be and the same is hereby approved and the Mayor and Ci- .ty Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Dixie Drive with bituminous concrete, and rolled stone base, with con- crete curb, all in accordance with City of Dubuque standard specifi... cations; b. To install water mains and water service laterals in accordance with plans submitted with the' plat: also water well; c. To install storm sewers and catch- basins in accordance with plans submitted with the plat. d. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; e. To maintain the foregoing imv provements for a period of four (4) years from the date oftheir accep-~ tance by the City of Dubuque, Iowa; Section 1. That the dedications of Dixie Drive together with the ease- ments for public utilities as the same ap- pear upon said plat, be and the same are h~reby accepted: RAYMOND BOLEYN & LEILA JANE BOLEYN. WHEREAS, upon said plat appear street to be known as Dixie Drive together with certain public utility easements which the Owners by said plat 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 exam- ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, that street grade has been established, the street not yet brought to grade, or paving or water installed; NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQU,E, IOWA: c.:-;::~:-::~,_~~~--""":'''___''.c.;. ."""'.>--0,,",'",,:"''':'' . ,..>. ': 8 Adjourned Regular Session, January 3,1978 RESOLUTION NO. 4.78 RESOLUTION A.PPROVING THE PLAT OF "NORTH POINT HEIGHTS IN DU. BUQUE TOWNSHIP, DUBUQUE COUNTY, IOWA". WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "NORTH POINT HElGHTS IN DUBUQUE TOWNSHlP, DUBUQUE COUNTY, IOWA" IN THE COUNTY OF DUBUQUE, lOW A, BY City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady,. Farrell, W ertzberger. Nays-none. Abstain - Councilmember King. Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has reviewed the fi- nal plat of Lots 1 through 13 of "North Point Heights" and Lot 2 of Lot 22 of "Boleyn Subdivision" submitted by Mr. and Mrs. Ray Boleyn. The property is located west of Peru Road and south of Boleyn Road in Dubuque County within the jurisdictional review limits of the Ci- ty of Dubuque, Iowa. In reviewing the final plat, as des- cribed above, the Planning and Zonjng Commission has found that the plat meets all of the conditions for approval as set forth in approval of the preliminary plat. The Commission has voted to approve the final plat and recommends your favorable considera- tion. December 20. 1977 and included in the Freeway File. Se- condedby Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Petition of Virginia Ann Baker re- questing a refund of $50., on unexpired portion of Cigarette License #1208, dis- continued business on December 15. 1977, presented and read. Council Mem* ber Wertzberger moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. 11 tanceof207.57 feet to the southerly line of Lot 2 of Loot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 239, thence; Northeasterly along the southerly line of said Lot 2 of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 239 a distance of 124.8 feet to the southerly right-oi-way line of U.S. Highway No. 20, thence; South 820 45' East, 127.3 feet, along said south- erly right-oi-way Hne of said U.S. Highway No. 20, thence; North 700 41' c!o East, 70.0 feet, along said southerly right-or-way line of said U.S. Highway No. 20 to the north- west corner of Lot 2 ofLat 2 of Lot 1, Block 1 in "Plaza 20,", thence; South 7015'''' West, 286.16 feet to the point of beginning of the property being described, and is enclosed within red lines; and is the same tract ofland de- scribed in Instrument No. 1311-72 - Warranty Deed - recorded in Book 208, Page 181 in the Office of the Dubuque County Recorder as fol- lows: All that part of Lot 1 of Lot 2 of Lot 1, Block 1 in "Plaza 20" lying nor- therly of the south line of Lot 2 of Lot 2 of Lot 1, Block 1 in "Plaza 20" in the City and County of Dubuque, Iowa, as same is extended westerly to a westerly line of said Lot 1 of Lot 2 of Lot 1, Block 1 in "Plaza 20" in the City and County of Dubuque, Iowa, all now in the City of Dubuque, Iowa. is platted as: Lot 1 and Lot 2 each of "Tri-Co Inc. Place No.1 in the City and County of Dubuque, Iowa" all now in the City of Dubuque, Iowa. and WHEREAS said plat has been exam- ined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been exam- ined by the City Council and they find the same conforms to the Statues and Ordinances relating thereto; NOW, THEREFORE. BE IT RE- SOLVED BY THE C1TY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized. and directed to en- dorse the approval of the City upon said plat. Adjourned Regular Session, January 3,1978 December 27, 1977 Honorable Mayor and Councillors 'I'he City of Dubuque Planning and Zoning Commission has reviewed two fi- nal plats creating Lots 1 and 2 of "Tri-Co Incorporated Place No.1" and Lots t and 2 of "Tri-Co Incorporated Place No.2" both in the City- of Dubuque, Iowa. The property lies south of U.S. Highway 20 just west of Plaza 20 Shopping Center and arc subdivisions of Lot 1 of Lot 2 of Lot 1 of Block 1 of "Plaza 20" Sub- division. In reviewing the above described plats, the Commission found that the portion of the property is located in a floodplain and is undevelopable, but that the intent of the subdivision is to permit transfer of ownership to adjacent pro- perty owners. The plats meet the re- quirements of the Subdivision Regula- tions of the City of Dubuque, Iowa. The Planning and Zoning Commission has voted to approve the plats and recom- mends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Mayor Tully moved that the com- munication be received and filed. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 7-78 Resolution Approving Plat of Lot 1 and Lot 2 Each of "Tri-Co. Inc. Place No.1 in the City and County of Dubuque, Iowa, All Now in the City of Dubuque; Iowa. WHEREAS there has been filed with the City Clerk a plat which is comprised and made up of a tract of land located in Lot 1 of Lot 2 of Lot 1. Block 1 in "Plaza 20" in the City and County of Dubuque, Iowa. commencing and beginning at the southwest corner of Lot 2 of Lot 2 of Lot 1, Block 1 in said "Pla7.a 20", thence North 820 45' West, 263.44 feet, be- ing an extension of the southerly line of said Lot 2 of Lot 2 of Lot 1. Block 1, to a point on the easterly line of Lot 2 of Lot 1 of "Harwood Place" in Sec- tion 27; Dubuque Township, Dubu- que County, Iowa, thence; North 30 55':t West on a part of the easterly line of said Lot 2 of Lot 1 of "Harwood Place" and the easterly line of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 237 and Lot 30f Mineral Lot 243 a dis- ...,._.~ -""""-'__''''''''''''''-.;.1' -=~- .-..- ~-- --- . -'---,----=. ---==-"'" ==-----=-=---.". - .-,._-......".-~- -- -~-- --- Adjourned Regular Session, January 3,1978 adopted and that bids be received on January 16, 1978. Gilbert D. Chavenelle City Manager Councilmember Wertzberger moved that the communication be received and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays--'none. RESOLUTION NO_ 6.78 WHEREAS, the City of Dubuque, Iowa is the owner of real estate describ- ed as: Lot 153 in Lenox Addition in the City of Dubuque, Iowa; and WHEREAS, general taxes and spec- ial assessments in the total amount of $2,649.00 appear unpaid as levied against said lot; and WHEREAS, an interest appears by a private individual to acquire said lot; and WHEREAS, the City of Dubuque, Iowa should dispose of said lot for the highest price obtainable, but in no event for a price less than $3,000.00 and that said sale should be on a sealed bid basis and that no abstract of title be furnished, the cost ofpuhlication be paid by the pur- chaser. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOW A: Section 1. That the disposition of Lot 153 in Lenox Addition in the City of Du- buque on a scaled bid proposal basis for a price not less than $3,000.00, together with any platting costs, be approved and that no abstract of title be furnished and that conveyance be made by Quit Claim Deed to be delivered upon the payment of purchase price. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as provided by law and in accor- dance with this Resolution. Passed, approved and adopted this 3rd day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Passed, approved and adopted this 3rd day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk EXHIBIT HA" PUBLIC HEARINGS Pursuant to Title I of the Housing and Community Development Act of 1974. the City Council of the City of Dubuque will hold two public hearings for the pur- pose of obtaining the views of residents of the city on community development and housing needs. A summary of eligible activities that may be undertaken with Community De- velopment Block Grant funds, a sum- mary of activities proposed to be under- taken for the year beginning July 1, 1978, and the Citizens Participation Plan are on file and available at the Depart- ment of Community Development, 480 Fischer Building, Dubuque, Iowa, be- tween the hours of 8:00 AM and 5:00 PM except Saturday and holidays. Addi- tional information concerning the Com. munity Development Block Grant pro- gram may be obtained from Daniel Dit- temore or Harry Neustadt of the De- partment of Community Development 1319-557-1930). The public hearings will be held in Ci- ty Council Chambers, City H<.II, 13th and Central Streets, Dubuque, Iowa, at 7:30 PM both on January 16, and February 6, 1978. Any person or organization desir- ing to be heard will be given an oppor- tunity to express their views on com- munity development and housing needs. Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully. Councilmembers Brady. Farrell, King, Wertzberger. Nays - none. December 27, 1977 Honorable Mayor and City Councillors A citizen is interested in the purchase of Lot 153 Lenox Addition. A price has been discussed with him and it.has heen explained that the City will dispose of the lot by a bidding process. It is recom- mended that the attached resolution be 10 -.--- - 13 Adjourned Regular Session, January 3,1978 Adjourned Regular Session, January 3,1978 12 Passed, adopted, and approved this 3rd day of January, 1978. Thomas A. Tully Jr. MaYQr Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers Carried by the Brady, Far- Council Member Farrel following vote: Yeas ~ Councilmembers rell, King, Wertzberger. Nays-none. Abstain-Mayor Tully. d, adopted and approved this of January, A.D., 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers dorse the approval of the City upon said plat. Passe 3rd day Passed, adopted, and approved this 3rd day of January, A.D. 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas -Mayor Tully, Councilmembers Brady, Farrell, King, Wertzherger. Nays-none. RESOLUTION NO. 12-78 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc~ cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOL VED by the City Council of Du~ buque, Iowa, that the Manager be autho- rized to cause to be issued to the fol- lowing named applicants a Liquor Li- cense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donald Kies (Also Sunday Sales) - 2620 University Ave. David H. Hoffman and William J. Dix - 450 West Locust St. Passed, adopted, and approved this 3rd day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers RESOLUTION NO. 10.78 BE IT RESOLVED by tbe City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Evelyn A. Anderson - 2417 Rhomberg A venue David Rezazadeh Ave- nue Research Fuels, Inc. - 255 John F. Ken- nedy Road adopted, and approved this January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 11-78 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; 1400 Central ATTEST: Leo F. Frommelt City Clerk Passed, 3rd day of ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 13-78 WHEREAS, the City of Dubuque has been negotiating for the acquisition of certain property from Joseph F. Siegert and Ruth M. Siegert for the proposed NOW THEREFORE BE ITRESOLV- ED by the City Council of the City ofDu- buque, Iowa, that the following applica- tions be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donald Kies (Also Sunday Sales) - 2620 University Ave. David H. Hoffman and William J. Dix - 450 West Locust St. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 9.78 WHEREAS, City of Dubuque, Iowa has negotiated for the repurchase of cer- tain real estate from R. Hampton and Company, Inc.: and WHEREAS, R. Hampton and Com- pany, Inc. has delivered Warranty Deed conveying to the City of Dubuque, Iowa the following described real estate: Block 14 in "DUBUQUE DOWN- TOWN PLAZA", in tbe City of Du- buque, Iowa, according to the Plat thereof, recorded as Instrument No. 6305-73, records of Dubuque County, Iowa, together with appurtenances thereto belonging, subject to ease- ments of record NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA. Section 1. That delivery of Warranty Deed conveying to the City of Dubuque, Iowa the above described real estate by R. Hampton and Company, Inc. be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby ordered and directed to file said Warranty Deed of record and to file certified copy oUhis Resolution in the of- fice of the City Assessor, the Dubuque County Treasurer, the Dubuque County Auditor and the Dubuque County Re- corder. Passed, adopted, and approved this 3rd day of January, 1978. Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 8-78 Resolution Approving Plat of Lot 1 and Lot 2 of "Tri.Co.lnc. Place No.2 in the City and County of Dubuque, Iowa". WHEREAS there has been filed with the City Clerk a plat in which a tract of land located in Lot 1 of Lot 2 of Lot 1, Block 1 in "Plaza 20" in the City and County of Dubuque, Iowa commencing and beginning at the southeast corner of Lot 2 of Lot 2 of Lot 1, Block 1 in said "Plaza 20", thence: South 7015' West, 129.45 feet in line with the easterly line of said Lot 2 of Lot 2 of Lot 1, Block 1 in Plaza 20, thence; North 82045' West, 449.45 feet parallel to southerly line of said Lot 2 of Lot 2 of Lot 1, Block 1 in Plaza 20 to the southeast corner of Lot 2 of Lot 1 of "Harwood Place" in section 27, Dubuque Township, Dubuque Coun- ty, Iowa. thence; North 3055' West, 132.03 feet on the easterly line of said Lot 2 of Lot 1 of "Harwood Place" in sec. tion 27, Dubuque Township, Dubuque County, Iowa, thence: South 82045'East, 475.27 feet to the point of beginning of the property being described. is platted as: Lot 1 and Lot 2 of "Tri.Co Inc. Place No.2 in the City and County of Dubuque, Iowa". and WHEREAS said plat has been exam- ined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been exam- ined by the City Council and they find the same conforms to the Statues and Ordinances relating thereto: NOW. THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE C1TY OF DUBUQUE, IOWA. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- 15 opment Corporation to post the re- quired security. within 45 days of November 1, 1976. Section 2: The terms, conditions and provisions set forth in Resolution 396-76 are hereby reasserted, reaf- firmed, ratified and approved, and remain in full force and effect as though the required security had been posted within the 45 day period set forth in Resolution No. 396-76. Section 3: Stone Hill Development Corporation shall be required to ex- ecute acceptance of the terms, re- quirements and provisions of this Re- solution No. 14-78 and also Resolu- tion No. 396-76. PASSED. ADOPTED AND AP- PROVED this 11th dayaf January, 1978, by unanimous roll call vote. Richard Wertzberger Mayor Pro Tern James E. Brady Carolyn Farrell Councilmembers ACCEPTANCE OF RESOLUTION NO. 14-78 AND RESOLUTION NO. 396.76 We, the undersigned. Stone Hill Development Corporation, having read the terms. and conditions of the forego- ing Resolution No. 14-78 and being fa- miliar with the conditions thereof, here- by accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 11th day of January, 1978. Stone Hill Development Corporation BY: George E. Deininger Secretary TO: Leo F. Frommelt City Clerk This is to certify that the security pro- vided by the foregoing Resolution No. 14-78 and Resolution No. 396"76 has been furnished by Stone Hill Development Corporation. Dated at Dubuque, Iowa this 11th day of January, 1978. Gilbert D. Chavenelle City Manager Council Member Farrell moved that the Resolution be adopted. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Pro Tern Wertzberger, Council Members Brady, Farrell. Nays - none. Absent-Mayor Tully. Council Mem- ber King. There being no further business, Mayor Pro Tern Wertzberger moved to adjourn. Seconded by Council Member Special Session, January 11,1978 CITY COUNCIL OFFICIAL Special Session, January 11, 1978. Council met at 4:30 P.M. (C.S.T.) Present: Council Members Brady, Farrell, Wertzberger. City Manager Gil- bert D. Chavenelle. Absent: Mayor Tully, Council Mem- ber King. Mayor Pro Tem Wertzberger read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CONSIDER- ING ADOPTION OF A RESOLUTION APPROVING PLAT OF PHASE NO.2 OF STONE HILI, COMMUNITY SUB- DIVISION NO.1 SUBJECT TO CER- T AIN CONDITIONS SET FORTH IN RESOLUTION NO. 396-76 and acting upon such other business as may proper- ly come before a Regular Meeting of the Council. Mayor Pro Tem Wertzberger moved to suspend the rules to let anyone pre- sent address the Council if they so de- sire. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Pro Tem Wertzberger, Council Members Brady, Farrell. Nays-none. Absent - Mayor Tully, Council- member King. Jim Richards and Attorney Michael Coyle addressed the Council relative to present and future development of Stone Hill. RESOLUTION NO_ 14.78 On the 1st day of November, 1976, the City Council of Dubuque, Iowa, passed, adopted and approved Resolution No. 396-76, approving the Plat of "Phase Two of Stone Hill Community Subdivi- sion No.1" in the City of Dubuque, Iowa, subject to certain conditions set forth in Resolution No. 396-76. Section 1 of Resolution No. 396-76 im- poses conditions for certain improve- ments by Stone Hill Development Cor- poration. Stone Hill Development Corporation has posted all required security but due to circumstances beyond the control of the City, said security was not posted within the required 45 days from the date of Resolution No. 396-76. NOW THEREFORE. BE IT RE- SOLVED by the City Council of Du- buque, Iowa: Section 1. The security posted by Stone Hill Development Corporation to secure performance of the condi- tions of Section 1, Resolution No. 396-76 is hereby approved, regard- less of the failure of Stone Hill Devel- Adjourned Regular Session, January 3,1978 Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. Leo F. Frommelt City Clerk Approved..,........... ........ 1978 Adopted.......................1978 -~- Councilmembers ATTEST: City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Abstain - Councilmember Mayor Tully moved that Counci Members Richard Wertzberger and Ca rolyn Farrell be appointed to the Du- buque County Land Use Policy Commit- tee and Council Member D. Michael King be appointed to the Solid Waste Agency. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, King, Wertzberger. Nays-none. There being no further business, Council Member Wertzberger moved to adjourn. Seconded by Council Member Farrell. Carried by the following- vote: northwest arterial roadway; and WHEREAS, the said Joseph F. Sie- gert and Ruth M. Siegert have delivered a Deed conveying said property and said delivery of deed should be accepted; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the deed of con- veyance conveying to the City of Dubu- que, Iowa by Joseph F. Siegert and Ruth M. Siegert of the following described real estate: Lot 2 of Lot 2 of the Northeast 1/4 of the Southeast 1f4, andLot2ofLot 1 of the Southeast 1/4 of the Southeast 1/4, in Section 20, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the Plat recorded as Instrument No. 12769-77, records of Dubuque Coun- ty, Iowa, subject to highway and to easements of record. be and the same is hereby approved and delivery of same to the City of Dubuque , Iowa be and the same is hereby ac- cepted, and that the recording thereof in the office of Dubuque County Recorder be and the same is hereby approved, ratified and confirmed. Passed, adopted, and approved this Srd day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers King. ATTEST: Leo F. Frommelt City Clerk 14 ~ 17 that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Communication of Dubuque Histori- cal Preservation Commission submit- ting minutes of their meeting of November 10, 1977, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Communication of Clara Repertinger of Cedar Rapids, Iowa, being shocked and saddened as to the contemplation of a freeway in Downtown Dubuque, presen- ted and read. Council Member Wertz- berger moved that the communication be received and filed. Seconded by Coun- cil Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Communication of City Manager sub- mitting reports of City Treasurer, Fi- nance Director, Water Superintendent, Health Department, as well as a list of claims paid, for the month of November 1977, presented and read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Printed 'Council Proceedings for the month of July, 1977 presented for ap- proval. Council Member Wertzberger moved that the Council Proceedings be approved as printed. Seconded by Coun- cil Member Farrell. Carried by the fol- lowing vote: Proof of Publication, certified to by the Publisher, of List of Receipts and Disbursements for month of November, 1977, presented and read. Council Mem- ber Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Far:rell, Wertzberger. Nays - none. Absent-Councilmember King. Special Session, January 16,1978 CITY COUNCIL OFFICIAL Special Session, January 16,1978. Council met at 7:30 P.M. (C.S.T.) Present: Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. City Manager Gilbert D. Chavenelle. Absent: Council Member King. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of CONSIDERING ADOPTION OF V AIROUS ZONING OR- DINANCES and acting upon such other business as may properly come before a Regular Meeting of the Council. Proclamations proclaiming week of January 15~21, 1978 as "Substance Abuse Prevention Week" urging all ci- tizens to make responsible decisions about their use of alcohol and other drugs and Week of January 15-21, 1978 as "Dubuque Jaycee Week" were read, approved and signed by Mayor Tully. Communication of Housing Commis- sion submitting minutes of their meeting of December 13, 1977, pre- sented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, W ertzberger. Nays-none. Absent-Council Member King. Communication of Five Flags Center Building Committee submitting minutes of their meeting of December 22, 1977, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Council Member King. Communication of Planning and Zon- ing Commission submitting minutes of their meeting of December 27,1977, pre- sented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Absent - Councilmember King. Communication of Dock Commission submitting minutes of their meeting of December 15,1977, presented and read. Council Member Wertzberger moved >,_~~~.c,;;:.~ Special Session, January 11,1978 Mem- 1978 1978 Farrell. Carried by the following vote: Yeas-Mayor Pro Tern Wertzberger, Council Members Brady, Farrell. Nays-none. Absent-Mayor Tully, Counc: ber King. Leo F. Frommelt City Clerk Councilmembers Adopted ATTEST: City Clerk Approved 16 ----- ,"",'~...,._.I'"''''''.-k- 18 19 chuckhole in J.F.K. Road on January 9, 1978, presented and read. Council Mem- ber Wertzberger moved that the Notice of Claim be referred to the City Attor- ney for investigation and report. Sec- onded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Council Member King. Notice of Claim of Valarie L. Hessel, in the amount of $84.98 for car damage in~ curred from driving into a chuckhole on J.F.K. Road on January 8, 1978, present- ed and read. Council Member Wertzber- ger moved that the Notice of Claim be re- ferred to the City Attorney for investi- gation and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Council Member King. Stipulation between William Lammer d/b/a Ritz Lounge and the City, that vio- lations are basically correct and the beer and/or liquor license shall be suspended for a period of five business days termin- ating January 12, 1978, presented and read. Council Member Wertzberger moved that the action be approved and Hearing scheduled for tonight, be set aside. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Council Member King. Communication of Larry W. Kratzer submitting Public Improvement Claim for labor furnished in the amount of $1,022.89 against Crewmasters Inc., sub- contractor under J. P. Cullen & Son on Water Works Expansion Plant, present- ed and read. Council Member Wertzber. ger moved that the communication be referred to the City Attorney for inves- tigation and report. Seconded by Coun- cil Member Farrell. Carried by the fol- lowing vote: Y ea~ - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Council Member King. Notice of Claim of Robert P. Buechele, in an undetermined amount, for car dam- age incurred as the result of driving into a chuckhole in J.F.K. Road on January 7, 1978, presented and read. Council Mem- ber Wertzberger moved that the Notice of Claim be referred to the City Attor- ney for investigation and report. Sec. onded by Council Member Farrell. Car- ried by the following vote: Special Session, January 16,1978 Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays -none. Absent-Council Member King. Notice of Claim of Sybil J. Schroeder, in an undetermined amount, for car dam- age incurred as the result of driving"into a pothole in J.F.K. Road on January 8, 1978, presented and read. Council Mem- ber Wertzberger moved that the Notice of Claim be referred to the City Attor- ney for investigation and report. Sec- onded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays - none. Absent-Council Member King. Notice of Hawkeye Security Insur- ance Co. advising that they will proceed with investigation of their claimant's claim for Sharon & Daniel Pluemer and that no action taken by them shall consti- tute an admission of liability, presented and read. Council Member Wertzberger moved that the Notice be referred to the City Attorney for investigation and re- port. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent - Council Member King. Communication of Eugene Sand sub- mitting a communication of denial of his claim against the City from Hartford In- surance and requesting information for an appeal, presented and read. Council Member Wertzberger moved that the communication be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Y eas- Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Council Member King. Communication of Board of Supervi- sors placing the City on notice and sub- mitting a claim in the amount of $321.31 for any damages they would be obliged to pay for damages incurred by Kenneth L. Norpel to his car on Cedar Cross Road, presented and read. Council Mem- ber Wertzberger moved that the com- munication be referred to the City At- torney for investigation and report. Sec- onded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Absent-Council Member King. Notice of Claim of James A. Crippes, in the amount of$50., for car damages in- curred as the result of driving into a the doc- Special Session, January 16,1978 Yeas -Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Gilbert D. Chavenelle Absent-Councilmember King. City Manager Communication of City Manager ad- Council Member Wertzberger moved vising that the State Comptroller's Of- that the communication be received and fice has requested that all City Councils filed and leases be approved. Seconded develop a list of Fiscal Year 1979 priority by Council Member Farrell. Carried by objectives for each program area prior the following vote: to preparation of the preliminary bud- Yeas - Mayor Tully, Councilmembers gets and requesting matter be discus- Brady, Farrell, Wertzberger. sed, presented and read. Council Nays-none. Member Wertzberger moved that the Abstain-Council Member King. communication be referred to a Work Communication of City Health Direc- Session to be held on January 23, 1978. tor submitting a statement on some con- Seconded by Council Member Farrell. troversy relative to an alleged increase Carried by the following vote: in the sulphur dioxide concentration in Y eas- Mayor Tully, Councilmembers Dubuque's atmosphere, presented and Brady, Farrell, Wertzberger. read. Council Member Wertzberger Nays-none. moved that the communication be reo Absent-Councilmember King. ceived and fil~d. Seconded by Council Communication of City Manager re- Member Farrell. Carried by the follow- questing authority to publish notice of ing vote: hearing for January 25,1978 at 7:00 P.M. Yeas -Mayor Tully, Councilmembers on proposed use of General Revenue Brady, Farrell, Wertzberger. Sharing Funds, presented and read. Nays-none. Council Member Wertzberger moved Absent-Council Member King. that the request be approved. Seconded Communication of City Manager re- by Council Member Farrell. Carried by turning Navy League Petition for the the following vote: naming of Sheehy Drive and recom- Yeas - Mayor Tully, Councilmembers mending denial because the land is un- Brady, Farrell, Wertzberger. der lease, presented and read. Council Nays-none. Member Wertzberger moved that the Absent- Councilmember King. communication be received and filed and January 10, 1978 recommendation approved. Seconded Honorable Mayor and by Council Member Farrell. Carried by Members of City Council the following vote: Both the Departments of Community Y eas- Mayor Tully, Councilmembers Development and the Planning and Zon- Brady, Farrell, Wertzberger. ingoccupy space in the Fischer Building, Nays-none. and the landlord has provided notice Absent-Council Member King. that the rentals for both offices will be in- creased effective April 1, 1978. Community Development has occupi- ed Suite 480 (1,100 square feet) since No- vember 1, 1975 at a monthly rental of $325. The new rental effective April 1, 1978 will be $360 per month or $3.92 per square foot. Planning and Zoning occupies Suite 411 (1,200 square feet) and paid $330 per month until April 1, 1975 when it was in- creased to $350. The new rental will be $385 per month or $3.85 per square foot. Both leases contain identical cancella- tion clauses, and the leases can be ter- minated in one of two ways. Written no- tice can be provided by either party by December 31 of any year and the leases are terminated the following March 31. The leases can also be terminated by the city at any time ifthe departments move to any city owned property by providing 90 days written notice to the landlord. Copies of the proposed lease amend- ments are attached, and we would re- Notice of Claim of Rita Huber, in the amount of $5000., for personal injuries received in a fall on a defective curh at Regent & Windsor on October 15, 1977, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays - none. Absent-Council Member King. Notice of Claim of Mary Jo Vogt, in the amount of$90.11, for car damages in- curred as the result of driving into a pot- hole on Bonson Road on November 6, 1977, presented and read. Council Mem- ber Wertzberger moved that the Notice of Claim be referred to the City Attor- ney for investigation and report. Sec- onded by Council Member Farrell. Car- ried by the following vote: to execute quest your approval uments. ,""->-"-...-,, 21 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa, be amended by revi1dng Appendix A thereof, also known as the "Zoning Ordi- nance and Zoning Map of the City of Du- buque, Iowa" by reclassifying the here- inafter described property from "R-4 Residential District" classiRcatirm to "OR-l Office-Residential Dl:strict" classification, to wit; The Northerly 100 feet of the Easter- ly 35feet of Lot 49 in Coriell's Dubu- que Addition; Commencing at the point of beginning, that being at the Northwest corner of Lot 48 of Cor- iell's Dubuque Addit1"on; thence Northeasterly 100 feet to the North- east corner of Lot 47 of Coriell's Du- buque Addition; thence Southeaster- ly approximately 8 feet along the Easterly property line of said Lot 47 of Coriell's Dubuque Addition to a point; thence Southwesterly approx- imately 112 feet to the pm.nt of in- tersection with the Westerly proper- ty line of said Lot 48 of Coriell's Dubuque Addition; thence North- westerly 60 feet along saM property line to the point of beginm'ng t.n Sec- tion 25, T89N, R2Eofthe 5th P.M., in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers it 1119 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent - Councilmem ber King. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the ZoninR' Ordinance by ATTEST, Leo F. Fromme City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of January 1978. Leo F. Frommelt City Cleric Special Session, January 16,1978 this 19th day of it 1119 Council Member Wertzbergermo,/!ed final adoption of the Ordinance. Second- ed by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council- members Brady, Farrell, Wertzberger. Nays-none. Absent-Concilmember King. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance for portions of property in Coriell's Dubu- que Addn. at 487 W. 8th Street, Norther- ly 100' of Easterly 35' of Lot 47, pre- sented 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 Mem- ber Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none, Absent - Council member King. ORDINANCE NO. 3.78 AN ORDINANCE OFTHE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PORTIONS OF PROPERTY IN CORIELL'S DUBUQUE ADDITION FROM R.4 RESIDENTIAL DISTRICT TO OR.1 OFFICE.RES- IDENTIAL CLASSIFICATION, said Ordinance having been previously presented at the Council Meeting of De- cember 19, 1977, presented for final adoption. ORDINANCE NO. 3.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DE. SCRJBED PORTIONS OF PROPERTY IN CORIELL'S DUBUQUE ADDITION FROM R.4 RESIDENTIAL DISTRICT TO OR.1 OFFICE.RESIDENTIAL DIS- TRICT CLASSIFICATION Leo F. Fromme City Clerk Herald Newspaper January 1978. Special Session, January 16,1978 presented and read at the Council Meet- ing of December 19, 1977, presented for final adoption. ORDINANCE NO. 2-78 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 ZON. ING MAP OF THE CITY OF DUBU. QUE, IOWA" BY RECLASSIFYING HEREINAFTER DESCRIBED POR- TIONS OF "BIRCH ACRES" FROM R.3 RESIDENTIAL DISTRICT TO R.2 RESIDENTIAL DISTRICT CLASSIF- ICATION NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQU.E, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa ': by reclassifying the following described real estate from ''R-3 Residential District" classification to ''R-2 Residential District" classifica- tion, to wit: Commencing at the point of begin- ning, that being at the Northerly cor- ner of Lot 7 of Block 2 of "Birch Acres" at the Easterly right-of-way line of Fremont A venue; thence Northeasterly and Northerly ap- proximately 580 feet along said right-aI-way line to a point; thence Easterly approximately 230 feet to a point; thence South and Southwest approximately 680 feet along a line parallel to said right-of-way line of Fremont A venue to a point; thence Northwesterly approximately 230 feet to the point of beginning. All of the above described property is lo- catedin Section 35, T89N, R2E of the 5th P.M, in the City of Dubuque, Iowa. Section 2. That the fore going amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph 20 Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent -Council Member King. Notice of Claim of E. H, Spahn, in the amount of $109.48, for car damage incur- red as the result of driving into a chuck~ hole on J.F.K. Road on January 8, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City,Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: y ens ~ Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Council Member King. Notice of Claim of Patrick L. Huston, in the amount of $120., for car damages incurred !J.s the result of driving into a chuckhole on J.F.K. Road on January 8, 1978, presented and read. Council Mem- ber Wertzberger moved that the Notice of Claim be referred to the City Attor- ney for investigation and report, Sec- onded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger, Nays-none. Absent-Council Member King. Proof of Publication, certified to by the Publisher, of Notice of Hearing to amend the Zoning Ordinance byreclassi- fying portions of Birch Acres from R-3 Residential District to R-2 Residential 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 Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Council Member King-. ORDINANCE NO. 2.78 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 ZON- ING MAP OF THE CITY OF DUBU. QUE, IOWA" BY RECLASSIFYING HEREINAFTER DESCRIBED POR. TIONS OF "BIRCH ACRES" FROM R.3 RESIDENTIAL DISTRICT TO R.2 RESIDENTIAL DISTRICT CLASSIF. lCATION, said Ordinance having been previously 23 BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 3.104.1 OF AR. TICLE III THEREOF, AND ENACTING A NEW SECTION 3.104.1 OF ARTICLE III IN LIEU THEREOF, TO ESTABLISH PROVISIONS FOR LIMITING THE NUMBER OF BUILDINGS, STRUC. TURES AND USES ON AZONING LOT IN RESIDENTIAL OR OFFICE.RESl. DENTIAL DISTRICTS, said Ordinance having been previously presented and read at the Council Meet- ing of December 19, 1977, presented for final adoption. ORDINANCE NO. 5-78 AN ORDINANCE OFTHE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," BY REPEALING SECTION 3.104.1 OF AR- TICLE III THEREOF, AND ENACTING A NEW SECTION 3.104.1 OF ARTICLE 1I1,IN LIEU THEREOF, TO ESTABLISH PROVISIONS FOR LIMITING THE NUMBER OF BUILDINGS, STRUC. TURESAND USES ONAZONING LOT IN RESIDENTIAL OR OFFlCE.RESI- DENTIAL DISTRICTS NOW THEREFORE liE OR ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the ''Zoning Or- dinance and Zap,ing Map of the City of Dubuque, Iowa" by repealing Section 3-104.1 of Article III thereof, and enact- ing anew SectionS-l04.1 of Article III in lieu thereof, as follows: "ARTICLE III GENERAL PROVISIONS Section 3.104 Limitations on the Num. ber of Buildings, Structures, and Uses on a Zoning Lot Section 3-104.1 Residential or Office. Residential Districts Within any residential or office-res- idential district, not more than one (1) residential or office-residential building or, other principal permit- ted use shall be located on a single zoning lot. In addition, no residential building shall be located on the same zoning lot with any other use except permitted accessory uses. The provi- siom of this Section shall not apply to any Planned Unit Development (PUD) District. " Special Session, J aDuary 16,1978 Section 8-103.3, .and any lesser num- ber of affirmative votes shall consti- tute a disapproval of the request. A failure of the Commission to con- sider a zoning reclassification re- quest within 60 days following re- ceipt of the request shall constitute Commission approval thereof. A recommendation of the Commission shall forthwith be transmitted to the City Council for its action." Section 2. That the foregoing amend- ments have heretofore been approved by thePlanningandZoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerl~ Published officially in the Telegraph Herald Newspaper this 19th day of Jan- uary 1978. it 1119 Council Member Wertzbergermoved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance by repealing Section 3-104.1 of Article III thereof and enacting a new Section 3-104.1 of Article III in lieu thereof covering limitations on the number of buildings. structures, and uses on a zon- ing lot, presented and read. No written objections were filed and no oral objec- tors were present in the Council Cham- ber at the time set for the hearing. Coun- cil Member Wertzberger moved that the proof of publication be received and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. ORDINANCE NO. 5.78 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED Leo F. Frommelt City Clerk Special Session, January 16,1978 Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa," by repealing Section 8-102.1 of Article VIII thereof, andenac- ting anew Section 8-102.1 of Article VII in lieu thereof, to wit: "ARTICLE VIII AMENDMENTS AND ZONING RECLASSIFICATIONS; PRO. CEDURES AND POLICIES Section 8.102 Ordinance Amendment Procedure Section 8.102.1 Commission Action A ny person may propose amend- ments to the provisions of this or- dinance by delivery of two (2) copies of the proposed amendments to the Planning Department. Such propos- als shall be considered in regular ses- sion by the Planning Commission, which shall diligently act to set the proposal for public hearing as pro- vided in Section 8-104. Following the public hearing, the Commissionshall act to approve or disapprove the pro- posed amendment. The. affirmative vote of at least four (4) Commission members shall be required to con- stitute approval of the proposa~ and any lesser number of affirmative votes shall be considered disap- proval of the amendment. The Com- mission's recommendation shall be forthwith transmitted to Council for its action, A failure by the Commis- sion to act within'sixty (60) days' following receipt of the proposed amendment shall constitute Com" mission approval thereof. " Section 2. That the Code of Or- dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" by repealing Section 8-103.4 of Article VIII thereof, and en- acting a new Section 8.103.4 of Article VIII in lieu thereof, to wit: "ARTICLE VIII AMENDMENTS AND ZONING RECLASSIFICATIONS; PRO. CEDURES AND POLICIES Section 8-103 Reclassification Pro. cedure Section 8-103.4 Commission Action: Following the public hearing, orifno hearing is held, then at any time fol- lowing receipt of the reclassification request, the Commission may act to recommend approval or disapproval of the request. The affirwwtive vote of at least/our (4) Commission mem- bers shall be required to constitute approval of a substantial zoning re- classification request as defined in 22 repealing Section 8-102.1 and Section 8-103.4 of Article VIII thereof, and en- acting a new Section 8-102.1 and Section 8-103.2 in lieu thereofto change the num- ber of affirmative votes required by ap- proval of amendments by the Planning and Zoning Commission following a pub- lic hearing, presented and read. No writ- ten objections were filed and no oral ob- jectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. ORDINANCE NO. 4-78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 8-102.1 AND SECTION 8-103.4 OF ARTICLE VIII THEREOF, AND ENACTING A NEW SECTION 8.102.1 AND SECTION 8.103.4 IN LIEU THEREOF TO CHANGE THE NUMBER OF AFFIR. MATIVE VOTES REQUIRED FOR Ap. PROVAL OF AMENDMENTS BY THE PLANNING AND ZONING COMMIS. SION, FOLLOWING A PUBLIC HEAR. lNG, said Ordinance having been previously presented and read at the Council Meet- ing of December 19, 1977, presented for final adoption. ORDINANCE NO. 4-78 AN ORDINANCE OF THE CITY OF DU- BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "Z<'NING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 8.102.1 AND SECTION 8.103.4 OF ARTICLE VIII THEREOF, AND ENACTING A NEW SECTION 8-102.1 AND SECTION 8-103.4 IN LIEU THEREOF TO CHANGE THE NUMBER OF AFFIR- MATIVE VOTES REQUIRED FOR AP. PROVAL OF AMENDMENTS BY THE PLANNING AND ZONING COMMIS. SION, FOLLOWING A PUBLIC HEAR- ING NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ORDINANCE NO. 6.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 25.142 OF SAID CODE AND ENACTING A NEW SECTION 25.142 IN LIEU THEREOF TO PROVIDE THAT THE MANDA. TORY IMPRISONMENT BE DELETED NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 25-142 of the Code afOrdinances oftke City of Dubu- que, Iowa be amended by repealing Sec- tion 25-142 and enacting a new Section 25-142 in lieu thereof as follows: "Sec. 25-142. Driving While License Denied, Suspended or Revoked. Any person whose operator's or chauffeur's license or driving priv- ilege has been denied, cancelled, sus- pended or revoked who drives any motor vehicle upon the streets of this city while such license orprivilege is denied, cancelled, suspended or re- voked, is guilty of a simple misde- meanor. The sentence imposed un- der this section shall not be sus- pended by the court. A ny person operating a motorized bicycle on the streets of this city, not possessed of an operators or chauf- feur's license valid for operation of motorcycles or a valid motorized bi- cycle license, shall upon conviction, be guilty of a simple misdemeanor. " Passed, adopted, and approved this 16th day of January. 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers 25 Special Session, January 16,1978 ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of Jan- uary 1978. Leo F. Frommelt City Clerk 11 1/19 Council Member Wertzberger moved final adoption of the Ordinance. Second* ed by Council Member FarrelL Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell. Wertzberger. Nays-none. Absent- Councilmember King. Petition of Frank Kelly requesting ap- proval to vacate Levi Street from south- Classification, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ol'dinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas.....;. Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Absent- Councilmember King. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on February 7, 1978 at 7:30 o'clock P.M. in the Council Chamber at tbe City Hall and tbat tbe City Clerk be instructed to publish notice of the hear- ing in the manner required by law. Se* conded by Council Member Farrell. Car* ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. ORDINANCE NO. 6-78 AN ORDINANCE OFTHE CITY OF DU- BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SECTION 25.142 of SAID CODE AND ENACTING A NEW SECTION 25-142 IN LIEU THEREOF TO PROVIDE THAT THE MANDA. TORY IMPRISONMENT BE DELETED, presented and read. Special Session, January 16,1978 passed, adopted and approved on the 18th day of July 1977, be and the same is hereby repealed and is of no further force or effect. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers 24 Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City, of Dubuque, Iowa. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King'. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent- Councilmember King. December 12, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Frederick and J anell Timmermans requesting R-l Res- idential District classification on their property which is currently zoned AG Agricultural District. The 0.263 acre tract is located on the east side of Rock- dale Road as shown on the attached map and was voluntarily annexed to the City of Dubuque, Iowa on July 18, 1977. There was no one present at the hearing to speak for or against the proposal. The Planning and Zoning Commission has voted to approve the R-l Residential District classification on the Timmer- mans' property and recommends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member-Far- rell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays - none. Absent-Councilmember King. AN ORDlNANCE of tbe City of Dn- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by classifying recently annexed portions of Mineral Lot 504 located on Rockdale Road from AG Agricultural District to R-1 Residential District ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of Jan- uary 1978. 11 1/19 Council Member Wertzbergermoved final adoption of the Ordinance. Se- conded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-(:ouncilmember King. RESOLUTION NO. 15.78 WHEREAS the owners of an area ap- proximately 0.263 acres which is con- tinguous to the City of Dubuque, Iowa do hereby request and petition that the fol. lowing real estate be annexed to and be made a part of the City of Dubuque, Iowa, to.wit: Lot 2 of Sub. of Mineral Lot 504 in Section I, T.88N R2Eof5P.M.andis according to the recorded plat there. of attached. Attached hereto and made a part hereof by this reference is a plat -showing the above described real es- tate. WHEREAS Cbapter 368, Code of Iowa 1975 authorizes the extension ofCi- ty limits in situations of this character by the adoption of a resolution therefore; and WHEREAS the future growth, devel- opment and preservation of the public health of the City of Dubuque, Iowa makes it imperative that said territory be made a part of the City of Dubuque, Iowa, and become a part of the Twenty- Fourth Voting Precinct. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNC1L OF THE CITY OF DUBUQUE, lOW A: Section 1. That the territorial limits of the City of Dubuque, Iowa, be and they are hereby extended to include the area comprising the above described real estate. Section 2. That Resolution No. 275-77 Leo F. Frommelt City Clerk and read. Council Member Wertzberger moved that the petition be approved. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmem bers Brady, Farrell, Wertzberger. Nays-none. Absent~Councilmember King. Mayor Tully moved that the City Manager and City Solicitor be directed to prepare an Ordinance for Council con- sideration relative to 10 year and 20year street excavations. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas -Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmemper King. Petition of Kidney Foundation of Iowa Inc., requesting permission to organize a Gift of Life Residential Campaign dur- ing the month of March, 1978, presented and read. Council Member Wertzberger moved that the request be approved sub- ject to implementation of City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays~none. Absent-Councilmember King. Petition of Tri.State Flite Services Inc. requesting the leasing of an addi- tional tract of land 80' x 60' for construc- tion of a second hangar, presented and read. Mayor Tully moved that the peti- tion be referred to the Airport Commis- sion for Lease. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent- Councilmember King. Petition of Tri-State Independent Blind Society requesting permission to conduct their annual candy sale during February and March, 1978, presented and read. Council Member Wertzberger moved that the petition be approved subject to implementation of the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Absent- Councilmember King. Petition of Supermarket Corp. re- questing a refund of $50., on the unex- pired portion of Cigarette License No. 1289, discontinued business on Decem- ber 19, 1977, presented and read. Coun- cil Member Wertzberger moved that the refund be granted and City Auditor di- rected to issue proper warrant. Se- west right of way line of Samuel to W.P .L. of Lot 53 in South Avenue Addi- tion, presented and read. Mayor Tully moved that the petition be referred to City Manager and Staff. Seconded by Council Member Wertzberger. Carried by the following vote: . y eas~ Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent- Councilmember King. A RESOLUTION vacating a portion of Levi Street in the City of Dubuque, Iowa, presented and read. Mayor Tully moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Wertzberger. Car- ried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. AN ORDINANCE vacating a 60' wide portion of Levi Street running from the Southwest right-of-way line of Samuel Street to the west property line of Lot 53 in South A venue Addition in the City of Dubuque, Iowa, presented and read. Mayor Tully moved that the Ordinance be referred to the City Manager and Staff. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas -Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King. Petition of American Legion Aux- iliary requesting permission to sell pop- pies on May 26th and 27th, presented and read. Council Member Wertzberger moved that therequest be approved sub- ject to implementation of City Manager. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays~none. Absent-Councilmember King. Petition of Cable TV Commission re- questing an appointment to the Commis- sion to fill the existing vacancy, pre- sented and read. Council Member Wertzberger moved that the petition be referred to Council. Seconded by Coun- cil Member Farrell. Carried by the fol- lowing vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays - none. Absent- Councilmember King. Petition of Peoples Natural Gas re- questing permission to excavate in Lor- as Blvd. between Wood St. & Mt. Pleas- ant St. (10 year street), work subject to City Engineer specifications, presented 27 Yeas -Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Proof of Publication; certified to by the Publisher, of Notice oflevy of Spec- ial Assessment and intention to issue bonds for construction of Sunset Ridge Drive Asphalt Paving from N.P.L. of Lot 2-1 in M.L. 132 to Southerly end of the street, presented and read. No written objections were filed and no oral objec- tors were present in the Council Cham- bers. Council Member Wet:tzberger moved that the proof of publication be received and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Statement of City Clerk certifying that notices of levy were mailed on J an- uary 3, 1978, to property owners of re- cord to pay for cost of constructing pav- ing on Sunset Ridge, presented and read. Council Member Wertzberger moved that the statement be received and filed. Seconded by Mayor Tully. Car- ried by the following vote: Yeas - Mayor Tully, Councilmem bers Brady, Farrell, Wertzberger. Nays - none. Absent-Councilmember King. SCHEDULE OF ASSESSMENTS RESOLUTION NO. 16.78 RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of Sunset Ridge Drive Asphalt Paving from the N.P.L. of Lot 2-1 in Mineral Lot 132 to southerly end of the street by Tri-State Paving Div. of Dubuque Stone Products Inc., contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. SUNSET RIDGE DRIVE ASPHALT PAVING PROJECT Construction Cost. . . . . . . . . . . . . $25,211.03 5% Engineering . . .1,260.55 5% Interest - 52 Days. . .182.08 TOT AI, ASSESSABLE AMOUNT. . . . . . . . . $26.653.66 CITY OF DUBUQUE. IOWA SCHEDULE OF ASSESSMENTS For Sunset Drive from N.P.L. of Lot 2.1 Minerai Lot 132 to the Southerly end of the street LOT LOCATION ASSMT. 43.67 634.67 634.18 635.05 639.68 Special Session, January 16,1978 Car- Yeas - Mayor Tully, Councilmem bers Brady, Farrell, Wertzberger. Nays-none. Absent - Councilmember King. Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays - none. Absent-Councilmember King. Petition of Michael J. Lucas Jr. re- questing a refund of $50., on the unex- pired portion of Cigarette License No. 1154, discontinued business on Novem- ber 27, 1977, presented and read. Coun- cil Member Wertzberger moved that the refund be granted and City Auditor di- rected to issue proper warrant. Se- conded by Council Member Farrell. Car- ried by the followin~ vote: Petition of Larry W. Kratzer, re- questing refund of $50., on the unexpired portion of Cigarette License No. 1219, discontinued business on December 19, 1977, presented and read. Council Mem- ber Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote 935.10 conded by Council Member Farrel ried by the following vote: $ Ridge Sunset Ridge Sunset Ridge Sunset Ridge Sunset Ridge Special Session, January 16,1978 Sunset Ridge Sunset 2.1 1.1 2 3 4 5 OWNER Burton Richard Ball Mary Kirkham Baal and Ethel leI Smart wood Baal Charles J. & Marion C. Schueller Wm. M. & Mary E. Clemens James R. Wahlert Richard J. Smith Paul E. & Myra E. DeLong =='_=.=~=_",_C.'."___,_.~'-_'7"''- ~it~:fi'?R'~-<--'. 26 29 Special Session, January 16,1978 Special Session, January 16,1978 68.78 Mineral Lot 129 2-1 Richard J. Smith Paul E. & Myra E. DeLong John M. McDonald Mineral Lot 129 64.15 McDonald Wartburg PI. 1,407.66 26,653.66 is assessed in proportion to special benefits conferred. Concrete remove and replace wilD" @ @ @ @ @ @ @ @ @ 15.000.30 192.00 4.060.68 3.557.70 297.00 579.15 180.00 996.20 348.00 25.211.03 1.260.55 182.08 26,653.66 2-1-1 all cone. Tackcoat A.C.bindercourse A.C.surfacecourse A.C.handpatching A.C.levelingcourse Stormgratesadjusted Sodding Type"C"cllrb Total Construction Cost 5% Engineering Expense 5% interest - 52 days Total Assessable Amount Passed. adopted and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembel.'s Resolution. Seconded by of the City 1. That to provide for the payment of the assessed cost of: Sunset Ridge Drive Asphalt Paving Project - from N. P. L. of Lot 2-1 Mineral Lot 132 to the Southerly end of the street, there may be issued improvement bonds in the amount of $20,000.00 Dollars in an- ticipation of the deferred payment of assessments levied for such improve- ment. 2. Such bonds shall be called street im- provement bonds; and shall bear the date of April 11, 1978; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denominations and for such ma- turity dates as are shown in the follow- ing table: Series No. j , 3 4 5 6 7 8 9 10 Denomination Maturity $ 1,000.00 Deccmberl,1978 $ 1,000.00 Decemberl,1979 $ 1,000.00 December 1, 1980 $ 1,000.00 December 1,1981 $ 1,000.00 December 1,1982 $ 1,000.00 December 1,1983 $ 1,000.00 December 1,1984 $ 1,000.00 Decembcrl,1985 $ 1,000.00 December 1,1986 $ 1,000.00 December 1, 1987 21.00 0.48 14.75 14.75 30.00 16.50 60.00 1.70 4.00 All of which 714.3 sq. yd. 400 gals. 275.3 tons 241.2 tons 9,9tons 35.1 tons 3no.of 586 sq. yd. 87lin. It. Wertzberger, SOLVED by the City Counci of Dubuque: Bond No. j.' 3.4 5.6 78 9.10 11-12 13.14 15-16 17-18 19-20 A TTE8T, Leo F. Frommelt City Clerk Councilmemher Wertzherger moved adoption of the Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Couneilmemhers Brady, Farrel Nays-none, Absent - Couneilmemher King. RESOLUTION NO. 17.78 Resolution Providing for the Issuance of Street Improvement Bonds for the Purpose of Providing for the Payment of the Assessed Cost of: Sunset Ridge Drive Asphalt Paving Project - From N_ P. L. of Lot 2.1 Mineral Lot 132to the Southerly End of the Street, WHEREAS the contra'ct heretofore entered into by the City of Dubuque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the comple- tion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $26,653.66 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and WHEREAS public notice, as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of the assess- ed cost of said improvements and a pub- lic hearing has been held, pursuant to such notice and all objections. made thereto have been considered and deter- mined: NOW THEREFORE BE IT RE- Sunset Ridge 6 652.92 328.26 333.81 687.22 703.83 703.83 703.83 563.06 140.77 703.83 143.65 779.03 276.14 263.13 844.60 703.83 703.83 351.94 351.94 703.83 703.83 703.83 703.83 140.78 566.60 703.83 703.83 703.83 703.83 1.74 668.44 91.38 703.83 501.80 106.30 381.62 1.196.10 31.86 1.477.76 82.77 69.65 2-7 Sunset Ridge 1-7 Sunset Ridge 8 Sunset Ridge 9 Sunset Ridge 10 Sunset Ridge 11 Sunset Ridge 1-12 Sunset Ridge 2-12 Sunset Ridge 13 Sunset Ridge 1-1-14 Sunset Ridge 2-1-14 Sunset Ridge 2-14 Sunset Ridge 2-15 Sunset Ridge 1.15 Sunset Ridge 16 Sunset Ridge 17 Sunset Ridge SI/2-18 Sunset Ridge Nt/2-18 Sunset Ridge 19 Sunset Ridge 20 Sunset Ridge 21 Sunset Ridge 22 Sunset Ridge 820'-23 Sunset Ridge N80'-23 or balance Sunset Ridge 24 Sunset Ridge 25 Sunset Ridge 26 Sunset Ridge 27 Sunset Ridge 2-29 Sunset Ridge 1-28 Sunset Ridge 2-28 Sunset Ridge 1-29 Sunset Ridge 1-1-2 Mineral Lot 129 Mineral Lot 129 Mineral Lot 132 Mineral Lot 132 Faldorf's Place Faldorf's Place Mineral Lot 129 Mineral Lot 129 1-1-1 2-1-2 2-2 2-1 1-1 1-1 2 Thomas T. Edmonds & Maureen A. Dueland trustees for the Ronald R. Dueland equity trust Thomas T. Edmonds & Maureen A. Dueland trustees for the Ronald R. Dueland equity trust Walter J, & Eleanor Holl Walter J. & Eleanor Roll Nicholas J, Schrup Nicholas J, Schrup Nicholas J, Schrup Nicholas J. Schrup Richard E. & Patricia R. Bonaldi Richard E, & Patricia R. Bonaldi Richard E. & Patricia R. Bonaldi Robert A, & Marian M. Plaff Gary W, Newt Gary W. Newt Wesley W. & Harriet Adams Heitzman Frank H, Bertsch Frank H. Bertsch Frank H, Bertsch Francis J. O'Connor Francis J. O'Connor Mary M. Richardson Val J. and Linda M. Kies Robert H, & Donna J, Wahlert Robert H. & Donna J. Wahlert Eugene D. & Marquerite 8. Wrigbt Eugene D. & Marquerite S. Wright Paul B. & Mary C. Skelly Paul J. Pechous James P. Schmitz, M.D. James p, Schmitz, M,D. James P. Schmitz, M.D. Julian G" M.D. & Genevieve F. Nemmers Julian G., M.D. & Genevieve F. Nemmers Charles & Marion Schueller Thomas T, Edmonds & Maureen A, Dueland, trustees for the Ronald R. Dueland equity trust The American Lu'theran Church The American Lutheran Church Myrtle 1. Dockel & Gladys R. Schepler Gary W, Newt Wm. M.Jr, & Mary E, Clemens James R. Wahlert 28 that notices of levy were mailed by cer- tified mail on January 3, 1978 to proper- ty owners of record subject to pay for cost of constructing City of Dubuque 1977 Asphalt Paving Project No.1, pre- sented and read. Council Member Wertzberger moved that the statement be received and filed. Seconded by Mayor Tully. Carried by the following vote: Y eas- Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Abstain -Councilmember King. 31 SCHEDULE OF ASSESSMENTS RESOLUTION NO. 18.78 RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for City of Dubuque 1977 Asphalt Paving Project No.1 1. Carter Road from the west curb line of Ridge Road to a point 500 feet east therefrom, 2. Cherokee Drive from the S.P.L. of Marion Street to the south end of the street, 3. Eagle Point Park roadway from the "Log Cabin" to the "Tri-State View", 4. Lowell Street from the E.P.L. of Foye Street to the W.P.L. of N. Main, 5. South Locust Street from the S.P.L. of Railroad Avenue to the S.P.L. of Dodge Street, 6. Roosevelt Road from the N.P.L. of Lot 6 of Peils Subdivision to the N.P.L. of Lot 2-2-5 of Mineral Lot 307 A, 7. University Avenue from the E.P.L. of Gilliam Street to the W.P.L. of Lot 122 in Finley, Waples and Burton's Addition, 8. Wilbur Street from the E.P.L. of Spruce Street to the E.P.L. of Grove Terrace, by Tri-State Paving Div. of Dubuque Stone Products Inc., contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as.forth in the fol- lowing schedule. Project Total $192,643.38 13,955.30 405.90 $207.004.58 ASSMT. 660.10 423.90 360.79 60.60 401.99 50.14 498.18 16.95 Dub. Home Sub. No.2 $ Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Home Dub. No.2 City Share $102.294.73 11.145.20 o $113.439.93 Special Session, January 16,1978 1 $34,146.67 CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS For Cherokee Drive LOT LOCATION CITY OF DUBUQUE 1977 ASPHALT PAVING PROJECT NO. Assessable Share $56,201.98 2,810.10 405.90 State Share $34,146.67 o o $59,417.98 struction of City of Dubuque 1977 As- phalt Paving Project No.1, presented and read. No written objections and no oral objectors were present in the Coun- cil Chambers. Council Member Wertz- berger moved that the proof of publica- tion be received and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, W ertzberger. Nays-none. Abstain - Councilmember King. Statement of City Clerk certifying 1-1-5 2-1-5 1-3 2-3 1-4 2-4 1 2 OWNER James W. & Velma M. Kramer Donald W. & Kathryn E. Sloan Sylvester J. & Clara M. Francois John F. & Eunice M. Hamrick John F. & Eunice M. Bamrick Chester & Sarah E. Filter Chester & Sarah E. Filter John F. & Eunice Bamrick Construction Cost Engineering Expense 5% Interest-52 Days Total Cost M. ATTEST: LeoF.Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Farrell, Wertzberger. Nays-none. Abstain- Councilmember King. Proof of Publication.. certified to by the Publisher, of Notice of Levy of Spec- ial Assessment and intention of the Council to issue bonds to pay for con- 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Treasurer be and he is hereby instructed to register said bonds in a book kept for that purpose. 7. That the City Treasurer is hereby instructed to sell said bonds in the man- ner provided by law, the proceeds of said sale to be placed in a special fund to be known as Fund 1312 and paid out by him to pay the cost of said contract. 8. That the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and counter- signed with the facsimile signature of the City Clerk. 9. That as fast as funds allow, begin- ning with the second year after the pay- ment of interest due, these bonds shall be called and retired in the same order as numbered. 10. Notice of election to call these bonds shall be given by regular U.S. Mail addressed to the last known address of the purchaser. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers Seal of said City to be thereto affixed, this 16th dayof January, 1978. (SEALI City Clerk (Form of Coupon) Onthe~dayof_ ,theCi- ty of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of Dollars, in the of- fice of the City Treasurer in the City of Dubuque, being months' in- terest due that date on its Bond No. date Mayor Special Session, January 16,1978 3. Said bonds shall bear interest at a rate 'not to exceed seven percent (7%) per annum, payable annually in accor- dance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the applications of said special assess- ment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the op- tion of the City of Dubuque and shall be in substantially the following form: No. Series No. CITY OF DUBUQUE STREET IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, the sum of one thousand dollars with interest thereon at the rate of per cent per annum, payable annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Trea- surer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 384 of the 1975 Code of Iowa, as amended, and the Resolution of said City duly passed on the 16th day of January, 1978, being Resolution No. 17-78. This Bond is one of a series of 20 bonds, all for $1,000.00 numbered from 1 through 20. and one for $ num- bered all of like tenor and date, and issued for the purpose of: financing the deferred portion of the assessed cost of the Sunset Ridge Asphalt Paving Pro- ject - from the N. P. L. of Mineral Lot 132 to the Southerly end of the street, as described in said Resolution. in said City, which cost is payable by the abut- ting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Fund 1312 created by the col- lection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things re- quired to be done, precedent to and in is- suing this series of bonds, have been done. happened, and performed, in reg- ular and due form, as required by law and said resolution, and for the assess- ment, collection and payment hereon of said special tax, the full faith and dili. gence of said City of Dubuque are here- by irrevocably pledged. IN TESTIMONY WHEREOF tbe Ci- ty of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the 30 ....--...., 33 35.86 354.08 374.74 391.90 384.66 Dub. Homes Sub. No.2 394.03 416.27 608.48 704.40 495.40 131.34 50.14 Cherokee Place which is assessed in proportion to special A~C. binder course A.C. surface course Prime coat or tack coat A.C. hand patching Cone. remove & replace w/l0" concrete Excavation (unclassified) Concrete pavement removal Asphalt treated base % " stabilized rolled stone base Sidewalk removal 4" Sidewalk Sodding Asphalt sawing Total Construction Cost City Share Assessable Share 5% Engineering Expense 5% Interest - 52 days Total Assessable Amount SCHEDULE OF ASSESSMENTS Lowell Street - Faye Street to N. Main Street LOT LOCATION 1-21 C. A. Voelkers 27.52 126.87 13,133.56 benefits conferred. @ 14.00 2.330.30 @ 14.00 2,324.00 @ 0.44 55.00 @ 25.00 125.00 Cherokee Place Addies Place 4 1-2-1-pt_-1-1-1-1 12.969.93 381.15 212.83 967.95 519.03 2.38 18.20 251.64 46.50 20,203.91 7.781.21 12,422.70 621.14 89.72 13.133.56 ASSMT. $ 300.51 133.11 152.29 311.74 94.13 13.08 38.62 18.38 11.31 485.51 C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers 441.93 151.14 Special Session, January 16,1978 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes,Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Part of Babcocks Add. Part of Babcocks Add. Cherokee Place Cherokee Place 22.33, 3.30 3.86 13.50 3.71 0.17 1.30 1.54 0.75 @ @ @ @ @ @ @ @ @ C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers Dub. Homes Sub. No.2 ,':J'__.~,'.,,"'" ~_'''';''''''',/'''--~''''''''''~.l~,,"-_ -,--,-~,,,,~, _",->-,_,,,.._,,,,,,,,,,,,_r.__~ 2-18 1-18 19 20 21 22 23 1-1-1-1-1-1-2 Sl/z-2-1-1-2 2 3 Patrick M. & Sheila R. Flanagan Eva Leo Henry J. & Veronica Vandermillen Harry & Gertrude Bottorff Charles W. & Charyn Mills Stepben J. & Betty A. Nannenga Stephen J. & Linda L. Palmer Meta Luedtke Eloise V. Lundin Harold H. & Rose M. Knoernschild Theodore J. & Mary M. Moskal Joseph E. & Teresa H. McGovern John W. & Mae G. Lundin Plaza 20 Inc. 52.21 401.06 38.04 370.76 70.47 Special Session, January 16,1978 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 2-5 1-6 2-6 1-7 "A" vacated crosswalk 32 Allen C. & Joan M. Sampson Allen C. & Joan M. Sampson Chester & Sarah E. Filter Francis P. & Florence Ellen Raymond Francis P. & Florence Ellen Raymond 1 31.50 358.55 30.79 22.13 10.46 372.56 All of 166.45 tons 166.0 tons 125.00 gals. 5 tons 580.83 sq. yds. 4.47 360.40 26.98 2-21 1-20 2-20 19 S.10-18 N.40'-18 2-17 1-17 16 15 14 For 809.31 Dub. Homes Sub. No.2 1-14 64.15 Dub. Homes Sub. No.2 1-1-14A & Patricia & Patricia 400.68 36.84 365.36 37.60 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 No.2 Dub. Homes Sub Dub. Homes Sub. No.2 Dub. Homes Sub..No. 2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 OWNER Viola Lex Andrew P. III Swartz Andrew P. III Swartz Amelia Datiaman Elizabeth M. Schmidt Elizabeth M. Schmidt Gil D. & Rebecca E. Spence Louis & Cath. Reisch Louis & Cath.Reisch Leroy & Thelma Young Merlin J. & Elizabeth A. Vanderah Charles L. & Janet A. Veach 115.5 cu. yds. 55.28 sq. yd. 71.7 tons 139.9 tons 14 sq. ft. 14 sq. ft. 163.4 sq. yds. 62lin. ft. 38.48 358.39 223.66 842.58 11.77 274.02 52.70 10.52 54.88 45.56 25.89 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 2-7 1-1-8 2-8 2-9 1-1-9 2-10 1-1-10 2-1-9 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 Dub. Homes Sub. No.2 2-16 1-16 2-17 2-1-8 2-1-10 2-2-12 1-2-12 1-12 1-11 2-11 13A 2-14 2-14A 2-1-14A 15 Donald C. & Karen L. Zillig Donald C. & Karen L. Zillig Eugene J. & Carol A. Lang Francis P. & Florence Ellen Raymond Donald C. & Karen L. Zillig Eugene J. & Carol A. Lang Eugene J. & Carol A. Lang James J. & Norma C. Murray James J. & Norma C. Murray Stephen D. & Nicola E. O'Brien Stephen D. & Nicola E. O'Brien James J. & Norma C. Murray Stephen D. & Nicola E. O'Brien Stephen D. & Nicola E. O'Brien Henry Joseph & Sandra Rae Vandermillen Henry Joseph & Sandra Rae Vandermillen Henry Joseph & Sandra Rae Vandermillen Henry Joseph & Sandra Rae Vandermillen Ronald L. & Anita K. Branstetter Henry Joseph & Sandra Rae Vandermillen Ronald L. & Anita K. Branstetter James A. & Barbara S. Egan Richard M. & Darlene Eddy Richard M. & Darlene Eddy 13 James E. & Violet K. Rusch James E. & Violet K. Rusch 362.47 '~'....,.....-..,.",.."""". , ~.,~_..,... ~- Dub. Homes Sub. No.2 1-17 & Sheila R. Patrick M. Flanagan 35 Special Session, January 16,1978 C. Klingenbergs 4th Sub. 119.23 179.51 59.84 240.32 241.30 C. Klingenbergs 4th Sub. C. Klingenhergs 4th Sub. 242.18 245.01 382.10 403.57 197.63 197.63 C. Klingenbergs 4th Sub. C. KUngenbergs 4th Sub. C. Klingenbergs 4th Sub. C. Klingenbergs 4th Sub. C. Klingenbergs 4th Sub. C. Klingenbergs 4th Sub. C. Klingenbergs 4th Sub. 412.59 494.79 494.79 494.79 494.79 494.79 G. D. Woods Sub. G. D.Woods Sub. 324.19 G. D. Woods Snb. 310.41 G. D. Woods Sub. 810.59 Addition Marsh's 640.80 77.78 233.96 Marsh's Addition 993.82 640.80 650.17 Addition Marsh's 100.32 61.08 C. Klingenbergs 4th Sub. 151.32 494.79 494.79 247.39 247.39 G. D. Woods Snb. G. D. Woods Sub. G. D. Woods Sub. G. D. Woods Sub. G. D. Woods Sub. G. D. Woods Sub. G. D. Woods Sub. Marsh's Addition Marsh's Addition Addition Addition Addition Addition G. D. Woods Snb. G. D. Woods Snb. Marsh's Marsh's Marsh's Marsh's E.1f2-21 W.3J4-20 E.l/4-20 19 18 17 16 15 12 1-3-10 3-9 3-8 W1h-3-7 3-5 3-4 3-3 3-2 '2-1 1-2 1.45 2-45 1-44 2-44 W.147'-47 E.100'.47 48 N.lh-58 S.IIz-58 14 13 E,llz-3-7 2-no 3-6 Lavern A. Dunkel cont.: John P. & Fredericka Hartz Lavern A. Dunkel cont: John P. & Fredericka Hartz Earl T. & Alva J. Coffman Earl T. & Alva J. Coffman James P. & Karen A. Schwarz James P. & Karen A. Schwarz Dubuque County James P. & Karen A. Schwarz James P. & Karen A. Schwarz Thomas D. & Linda M. Sassen Thomas D. & Linda M. Sassen Raymond P. & Virginia M. & Margaret H. Grimes Harold A. & Lois Kamm cont: Clement H. & Rita M. Welsh Duane M. & Carolyn Goedken Donald W. & Clara Ibach Donald W. & Clara Ibach Kenneth C. & Marilyn L. Naumann Kenneth C. & Marilyn L. Nauman Wayne F. & Mary H. Sherman Karl F. &. Janaan Fink Vincent oJ. & Evelyn M. Kaiser Glenda S. Knopf Adele F. & John W. Feller Thomas D. & Linda M. Sasen Peter B. & Mary Margaret Kretz John J. Jr. & Dorothy M. McFarland Gary R. & Marilyn A. McDonald Gary R. & Marilyn A. McDonald Monetta A., Edith C., Ella M. & Beatrice L. Schmitz Oscar L. Jr. & Delores M. Tigges Raymond L. & Evelyn Merfeld Raymond L. & Evelyn Merfeld Ralph E. & Bonnie L. Berg 73.63 Special Session, January 16,1978 C. A. Voelkers 48.61 472.87 212.13 260.74 163.34 12.02 198.96 237.05 399.77 459.61 459.61 459.61 459.61 459.61 459.61 194.05 8.70 17.15 184.33 C. A. Voelkers 1-3 Norman Kormann John H. & Hazel A. Markham Duane A. & Betty L. Schumacher Jerry A. Spiegelhalter Julien Improvement Co. cant: John C. & Ursula A. Onken Julien Improvement Co. cant: John C. & Ursula A. Onken Max M. Jr. & Marla J. Baumgartner Julien Improvement Co. cont: John C. & Ursula A. Onken Alphonse C. & Genevieve Wolf Donald J. & Sbirley A. Blong John F.& Agnetta Biechler Florence Klein Wm. D. & Delores Bauck Karl & Marian Eisbach Steven G. & Carolyn A. Cue Wayne W. & Betty L. Wohlers Estella Marian & Eleanor Helling Mildred Schuster Leonard Schuster Est. Eliz. Leute & Dorothy Fettkether City of Dubuque Daniel S. & Elizabeth A. Garms Francis G. & Vicki L. Weber Daniel S. & Elizabeth A. Garms Francis G. & Vicki L. Weber 13 34 C. A. Voelkers C. A. Voelkers C. A. Voelkers 12 11 W.24'-10 C. A. Voelkers C. A. Voelkers C. A. Voelkers E.29'6"-10 Lot lOA 9 422.49 C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers W.24'-7 E.29'6"-7 6 22 23 24 25 459.61 459.61 459.61 C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers C. A. Voelkers 26 28 29 30 31 6A 1-3A 2-3A 27 24.39 C. A. Voelkers 2-3 3.71 C. A. Voelkers 2-2 Francis G. & Vicki Weber Daniel.S. & Elizabeth A. Garms L. 159.31 C. A. Voelker Addition 1-2 481.88 C. A. Voelker Addition 32 481.88 C. A. Voelker Addition 33 297.77 222.47 220.52 Melvin Carl & Jean Ann Griesinger Harold A. & Lois Kamm cont: Clement H. & Rita M. Welsh Harold E. & Marie A. Langkamp Harold E. & Marie A. Langkamp Harold E. & Jean A. Schuster A. Patrick G. & Lois Gross C. A. Voelker Addition C. Klingenbergs 4th Sub. C. Klingenbergs 4th Sub. 1-34 24 23 C. Kling-enbergs 4th Sub. 220.52 119.23 C. Klingenbergs 4th Sub. 112.21 22 W. Harold E. & Jean A. Schuster 37 Special Session, January 16, 1978 679.14 Add. Finley Waples Burton's 115.51 589.15 Add. Add. Finley Waples Burton's 10' 140 Finley Waples Burton's 50' 140 722.64 642.97 98.07 683.39 680.41 50.95 84.77 129.13 710.51 11,067.31 benefits conferred. @ 3.30 $ 2,910.60 @ 14.00 3.164.00 @ 14.00 2,541.70 @ 13.50 8,356.50 @ 0.44' 8.80 @ 50.00 200.00 @ 3.71 2,543.39 @ 0.55 473.11 @ 0.17 498.14 @ 1.50 1.790.37 @ 1.30 2.262.86 @ 30.00 180.00 @ 100.00 400.00 @ 1.54 491.26 @ 4.50 3,781.35 @ 4.60 91.08 @ 0.75 18.00 @ 50.00 60.00 @ 11.00 297.00 upper @ 122.00 30.50 asse.ssed in proportion to special Excavation (unclassified) A.C. binder course A.C. binder course Asphalt treated base Prime coat or tack coat Manholes - raise or lower J/4" stabilized rolled stone base Curb or drive section removal Sidewalk removal 6" sidewalk 4" sidewalk Water box - raise or lower Manhole ring and cover Sodding Curb and gutter - type" A" Curb and gutter - type "B" Asphalt sawing Shrub removal Japanese Barberry Shrub Water valve street box, section w/lid 139 E. w. Add. Add. Add. Add. Add. 166.57 301.12 49.89 38.29 31.06 31.38 20.10 20.63 42.65 Finley Waples Burton's Finley Waples Burton's Finley Waples Burton's Finley Waples Burton's Finley Waples Burton's Austin's Subdivision Add. Austin's Subdivision Finley Waples Burton's 141 1-142 144 145 1 Austin's Subdivision Austin's Subdivision Austin's Subdivision Austin's Subdivision Austin's Subdivision Hyatt Place Mineral Lot 256 Mineral Lot 256 Mineral Lot 256 2-142 Place Hyatt 2 1-1-1 1-1-1-1-2 1.2-2-1 2.1-1-1-1-2-1 143 1-1-1-1-1-2-1 3 4 7 8 9 Gene P. & Linda K. Jurisic cont: Howard & Maxalinda Smothers Gene P. & Linda K. Jurisic cont: Howard & Maxalinda Smothers Glen J. & Harriet A. Swenson Joseph D. & Susan M. Haas Robert W. & Lucille D. Henkel Jack R. & Alice Eileen Redmond David C. & Doris R. Naber James J. Imhof Robert J. Koob Elmer P. & Evelyn M. Lucas Elmer P. & Evelyn M. Lucas Milton C. & Doris M. Rotb Robert L. & Diane Durkin Martha P. Papin Louis A. & Mary M. Klauer Independent School District of Dubuque Robert W. & Rose L. Mnrphy Joyce M. O'Toole Vince M. Jacqueline M. Crimmins Eugene K. & Virginia J. Sand Jack R. & Alice Eileen Redmond 27.22 Special Session, January 16,1978 Marsh's Addition 198.87 Addition Marsh's 49 92.81 Addition Marsh's 50 John G. & Sylvia B. Ewert Ralph E. & Bonnie L. Berg John G. & Sylvia B. Ewert Richard R. & Ruth .M. Willmers 57 36 27.22 23.646.34 Addition Marsh's 51 167.01 167.01 167.01 C. A. Voelkers Add. C. A. Voelkers Add. C. A. Voelkers Add. 1-3A 1-3 1-2 Deficiencies paid by City of-Dubuque Daniel S. & Elizabeth A. Garms Daniel S. & Elizabeth A. Garms Daniel S. & Elizabeth A. Garms Adele F. & Jobn W. Feller 2.58 24.149.95 assessed in proportion to special benefits conferred. Excavation (unclassified) @ 3.30 1,042.80 Concrete pavement removal @ 3.85 621.39 A.C. binder course @ 14.00 5,409.60 A.C. surface course @ 14.00 3,532.20 Asphalt treated base @ 13.50 6,981.53 Prime coat or tack coat @ 0.44 352.00 3f4" stabilized rolled stone base @ 3.71 4,353.31 A.C. hand patcbing @ 25.00 250.00 Manholes - raise or lower @ 50.00 300.00 Curb or drive section removal @ 0.55 1,570.69 Sidewalk removal @ 0.17 778.16 6" sidewalk @ 1.50 1.333.64 4" sidewalk @ 1.30 5,352.19 Manhole ring and cover @ 100.00 600.00 Sodding @ 1.54 859.32 Curb and gutter - type "A" @ 4.50 213.90 Curb and gutter - type "B" @ 4.60 761.76 Buffalo box-upper section w/lid @ 15.00 30.00 Extra Work Lump 242.49 12, Sub. G. D. Woods 2-1 is All of which 316 cu. yd. 161.4 sq. yd. 386.4 tons 252.3 tons 517.15 tons 800 gals. 1,173.4 tons 10 tons 6 no. of 2.855.8 !in. It. 4.577.4 sq. ft. 889.09 sq. ft. 4.117.07 sq. It. 6 no. of 558 sq. yds. 2.714.2 !in. It. 165.6Iin. ft. 2 no. of is which All 01 882 en. yds. 226 tons 181.55 tons 619 tons 20 gals. 4 no. of 685.55 tons 860.2 Iin. ft. 2,930.24 sq. ft. 1.193.58 sq. It. 1,740.66 sq. ft. 6 no. of 4 no. of 319 sq. yd. 840.3 Iin. ft. 19.8Iin. ft. 241in. ft. 1.2 square 27 no. of 4 no. of 46.584.98 23.742.15 22.842.83 1.142.14 164.98 24,149.95 Amount CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS For University Avenue - Gilliam to Van Buren LOT LOCATION Tota Construction Cost City Share Assessable Share 5% Engineering Expense 5% Interest - 52 days Tota Assessable ASSMT. 405.89 405.99 727.85 727.85 727.85 727.85 727.85 727.85 Add. Add. Finley Waples Burton's Add. Finley Waples Burton's Add. Finley Waples Burton's Add. Finley Waples Burton's Add. Finley Waples Burton's Add. Finley Waples Burton's Add. Burton's Finley Waples Burton's Finley Waples E. pt. 122 W. pt. 122 127 128 123 124 125 126 OWNER Lyle P. & Helen S. Lattner Lyle P. & Helen S. Lattner Lyle P. & Helen S. Lattner The First National Bank of Dubuque as trustee under the will of Geneva F. Kruse Bertha F. Clark Verda Winders James A. & Mary A. Weber Lillian J. Stoltz 48.72 627.97 246.57 61.74 249.53 54.00 286.43 11.067.16 benefits conferred. @ 14.00 1,631.00 @ 14.00 1,684.20 @ 0.44 44.00 @ 15.00 297.00 @ 25.00 136.25 wi @ 22.33 @ 50.00 @,100.00 @ 1.54 @ 39 407.68 945.79 Special Session,January 16,1978 Ex. N. 20' thereof Farleys Subdivision Farleys Subdivision Farleys Subdivision Farleys Subdivision Farleys Subdivision Farleys Subdivision Ex. N. 20' thereof Ex. N. 20' thereof E. 50'-2-CL 703 W. 116'-2 CL 703 W. 139'-3-CL 703 2-46A 2-46 1-46 1-45 2-45 44 Ambrose A. Graver Lewis L. & Barbara M. Robinson Leo A. McCarthy Leo A. McCarthy Leo A. McCarthy Eleanor Ament Eleanor Ament Leo A. McCarthy Delbert D. Daugherty 73.16 30.263.32 19,795.02 10,468.30 523.41 7'5.60 11,067.31 ASSMT. $ 283.79 Lump Special Session, January 16,1978 Extra Work Total Construction Cost Less City Share Assessable Share 5% Engineering Expense 5% Interest - 52 days Total Assessable Amount For Wilbur Street LOT LOCATION 35 Farley's Sub. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Councilmembers Brady, Nays - none. Abstain-Councilmember King. 7.636.86 200.00 300.00 14.63 530.03 12,473.97 2,005.82 10.468.15 523.41 75.60 11,067.16 5.55 1978, which is assessed in proportion to special A.C. binder course A.C. surface course Prime coat or tack coat A.C.leveling course A.C. hand patching Concrete remove & replace 10" concrete Manholes - raise or lower Manhole ring and cover Sodding Rock curb or curb & gutter remove and replace Total Construction Cost City Share Assessable Share 5% Engineering Expense 5% Interest - 52 days Total Assessable Amount Passed, adopted, and approved this 16th day of January, Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers of Al 116.5 tons 120.3 tons 100 gals. 19.8 tons 5.45 tons 342 sq. yd. 4 no. of 3 no. of 9.5 sq. yd. 95.5lin. ft. 135.55 147.69 283.79 283.79 283.79 260.68 23.16 80.27 123.33 165.26 80.31 1,657.39 42.65 42.65 701.46 267.42 Farley's Sub. He,nschel's Sub. Henschel's Sub. Henschel's Sub. Grove Terrace Sub. Grove Te'i'race Sub. Farley's Sub. Farley's Sub. Farley's Sub. Farley's Sub. Farley's Sub. Farley's Sub. Farley's Sub. Farley's Sub. Farley's Sub. City Lot 687 2-34 33 32 31 W.45'-30 E. 4'-30 5 3 4 8 7 N.80'-29 E.24'6"- S20'-29 W.24'6' S20'-29 Lot3A 1-34 159.91 Grove Terrace Sub. 6 W ertzberger. Farrel 78.68 Grove Terrace Sub. 5 shall be assessed against the property subject tO'assessment therefor; and WHEREAS public notice, as provid- ed by law, has been published by the Ci- ty Clerk stating the intention of the Ci~ ty Council to issue bonds for the pur- pose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objections made thereto have been considered and determined: NOW THEREFORE BE IT RE- SOLVED by tbe City Conncil of tbe Ci- ty of Dubuque: 1. That to provide for the payment of RESOLUTION NO. 19.78 Resolution Providing for the Issuance of Street Improvement Bonds for the Purpose of Providing for the Payment 01 the Assessed Cost 01: City 01 Du. buque 1977 Asphalt Paving Project No.1 WHEREAS the contract heretofore entered into by the City of Dubuque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the comple- tion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $59,417.98 DoUars of the cost thereot 12.38 487.23 487.23 499.22 335.47 163.74 50.32 270.77 279.56 37.94 399.37 13.98 Grove Terrace Sub. Central Addition Central Addition Central Addition Central Addition Central Addition Central Addition Ex. N. 20' thereof Ex. N. 20' thereof Central Addition Central Addition Addition Central 4 5 4 3 E.42'-2 W.20'5"-2 E.6'3"-1 E.33'9"- E.68'9"-1 1-12 12-CL 688 & Pt. 654 E. 27'-3-CL 703 35'. 68'9".1 W. W. OWNER Vivian Brown Snyder James J. & Grace Marie Knockel cont: Thomas J. & Patricia K. Schroeder James J. & Grace Marie Knockel cont: Thomas J. & Patricia K. Schroeder Francis J. & Lillian White Helen Sprague Helen Sprague Helen Sprague Tbomas J. & Rntb E. O'Malley Thomas J. & Ruth E. O'Malley Tbomas J. & Rntb E. O'Malley City of Dubuque Tbomas J. & Rntb E. O'Malley Thomas J. & Ruth E. O'Malley Bruce M. & Jeannette A. Winter Thomas N. Gust Ruth Adele W odrich Richard Kolek III Robert C. & Anita M. Wild Helen D. Becker cont: Joseph & Alvina Mattes Dale C. & Mildred Ann Conzett Denis D. Faber Denis D. Faber Denis D. Faber Mary Jill Faber Sadie L. Meyers Sadie L. Meyers Sadie L. Meyers Frederick Ezekiel Bissell III Ambrose A. Graver 38 Lump Gus M. & Mary Jane Fuhrmann Frederick Ezekiel Bissell III 41 Mayor Tully moved adopt of the Reso- lution. Seconded by Council Member Farrell. Carried by the' following vote: Yeas-Mayor Tully, Council- members Brady. Farrell, W ertzherger. Nays-none. Absent-CounciImemher King-. Proof of Publication, certified to by the Publisher, of Notice of proposal to dispose of interest in real estate and re- ceipt of bids, presented and read. Coun- cil Member Wertzberger moved that the proof of p'ublication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council- members Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. RESOLUTION NO. 21.78 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion published on January 6, 1978, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 16th day of January, 1978 at 7:30 o'clock P.M. (CST) in tbe City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque. Iowa in real estate, hereinafter described, to the highest bidder, by way of sealed bids, and that the sale price for said real estate shall not be less than $3,000.00 nor conditioned on title to same being merchantable; and WHEREAS, said sealed bids having been opened by the City Council, it is found that Harbinger Corporation, is the highest bidder for the purchase price of $3,550.00 and that the real estate described as: Lot 153 in Lenox Addition in the Ci- ty of Dubuque, Iowa be and the same should be sold to Harb- inger Corporation: and WHEREAS, City Conncil of tbe City of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- posal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to the above named party. NOW THEREFORE BE 1T RE- SOLVED BY THE CITY COUNC1L OF THE C1TY OF DUBUQUE, lOW A: Section 1. That the disposal of in- terest of City of Dubuque, Iowa in and to, and the conveyance of real estate de- scribed as: Lot 153 in Lenox Addition in the Ci- ty of Dubuque, Iowa to Harbinger Corporation, an Iowa Cor. poration be and the same is hereby ap- Special Session, January 16,1978 be called and retired in the same order as numbered. 10. Notice of election to call thes'e bonds shall be given by regular U.S. Mail addressed to the last known ad- dress of the purchaser. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell ATTEST: Councilmembers Leo F. Frommelt City Clerk Yeas - Mayor Tully, Council- members Brady, Farrell, W ertzberger. Nays - none. Absent-Councilmember King. RESOLUTION NO. 2Q.78 Resolution Amending Resolution No. 477.77 Approving the Plat of Timber Ridge Addition, Subdivision of Lot 1 of Lot '_1. Block 5 in the City of Dubu. que, Dubuque County, Iowa ;~Tl{EREAS, the Mayor and City Council of Dubuque, Iowa has passed, ..:1.-.ptf:ld, and approved Resolution No. 477~'11 approving the Plat of Timber Ridge Addition, Subdivision of Lot 1 of Lot A, Block 5 in the City of Dubuque, Dubuque County, Iowa: and WHEREAS. the plat of Timber Ridge Addition, Subdivision of Lot 1 of Lot A, Block 5 in the City of Dubuque, Dubuque County, Iowa is to be record- ed in the Office of the Dubuque County Recorder as the plat of Timber Ridge Addition Blocks 8, 9, 10, 11, and 12, in the City of Dubuque, Iowa: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY GOUNCIL OF THE CITY OF DUBUQUE, lOW A: That all references to the "Plat of Timber Ridge Addition, Subdivision of Lot 1 of Lot A, Block 5 in the City of Dubuque, Dubuque County, Iowa" in said Resolution No. 477-77 be amended to read as follows: Special Session, January 16,1978 the City of Dubuque 1977 Asphalt Pav- ing Project No.1, as described in said Resolution, in said City, which cost is payable by the abut- ting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable on- ly out of the Fund 1313 created' by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things re- quired to be done, precedent to and in issuing this series of bonds, have been done. happened, and performed, in reg- ular and due form, as required by law and said Resolution, and for the assess- ment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. 1N TESTIMONY WHEREOF tbe Ci- ty of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 16th day of January, 1978. (SEAL) City Clerk (Form of Coupon, On the day of _, the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of Dollars, in the of- fice of the City Treasurer in the City of Dubuque, being months' in- terest due that date on its Bond No. dated Mayor 40 the assessed cost of: City of Dubuque 1977 Asphalt Paving Project No. 1. there may be issued street improve- ment bonds in the amount of $50,000.00 Dollars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the' date of April!, 1978: and shall be num- bered consecutively: and they shall be numbered, divided into series, and be in such denominations and for such maturity dates as are shown in the fol- lowing table: Series Bond No. No. Denomination Maturity 1 1-5 $ 1,000.00 December 1,1978 2 6.10 $ 1,000.00 December 1,1979 3 11-15 $ 1,000.00 December 1,1980 4 16,20 $ 1,000.00 December 1,1981 5 21-25 $ 1,000.00 December 1,1982 6 26.30 $ 1,000.00 December 1,1983 7 31.35 $ 1.000.00 December 1,1984 8 36.40 $ 1,000.00 December 1,1985 9 41.45 $ 1,000.00 December 1.1986 10 46-50 $ 1,000.00 December 1,1987 3. Said bonds shall bear interest at a rate not to exceed seven percent (7%) per annum, payable annually in accor- dance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way. except for the application of said. special assess- ment funds. 5. Said bonds shall provide that they may'be payable at any time prior to the maturity date stated therein at the op- tion of the City of Dubuque and shall be in substantially the following form: No._ Series No. "FINAL PLAT OF TIMBER RlDGE ADDITION, BLOCKS 8, 9, 10, 11, and 12, IN THE C1TY OF DUBUQUE, DUBUQUE COUNTY. IOWA". PASSED, ADOPTED, AND AP- PROVED by unanimous roll call this 16tb day of Jannary A.D., 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger J am.es E. Brady Carolyn Farrell ATTEST: Councilmembers Leo F. Frommelt City Clerk Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Treasurer be and he is hereby instructed to_ register said bonds ina book kept for that purpose. 7. That the City Treasurer is hereby instructed to sell said bonds in the man- ner provided by law, the proceeds of said sale to be placed in a special fund to be known as Fund 1313 and paid out by him to pay the cost of said contract. 8. That the interest coupons attached to the bonds be signed with the fac- simile signature of the Mayor and coun- tersigned with the facsimile signature of tbe City Clerk. 9. That as fast as funds allow, begin" ning with the second year after the pay- ment of interest due, these bonds shall CITY OF DUBUQUE STREET IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the. bearer hereof, the sum of one thousand dollars with in- terest thereon at the rate of per cent per annum, payable annually, on the presentation and sur- render of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 384 of the 1975 Code of Iowa, as amended, and the ,Resolu" tion of said City duly passed on the 16th day of January, 1978. being Resolution No. 19-78. This Bond is one of. a series of 50 bonds. all for $1,000.00 numbered from 1 through 50, and one for $ numbered all of like tenor and date, and issued for the purpose of: financing the_ deferred portion of the assessed cost of 43 munity Development spoke to the Community Program. Mrs. Ruth Nash spoke to projects allowed arid those not allowed. Rhonda Kronfeldt requested project include resurfacing of Walnut Street with brick. RESOLUTION NO. 23-78 RESOLUTION FOR THE ESTABLISHMENT OF INDUSTRIAL LAND TASK FORCE WHEREAS. there is an urgent need to develop a workable program to ac. commodate anticipated industrial and industrial oriented land use needs for the City of Dubuque; and WHEREAS, such a program should include among other items, an investi- gation of the demand, an identification of sites, a program for land devel- opment and a . description of the financ- ing mechanisms to meet acquisition and site improvement costs; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to establish a special task force to examine the subject matter and to provide a re- port of the conclusions; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 2. That Allan T. Thoms is hereby appointed chairman of the In- dustrial Land Task Force; and as such chairman, he is hereby authorized to so- licit and appoint as members of said task force those persons whom he be- lieves knowledgeable on the subject and in a position to contribute to the ob- jectives of the task force. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Mayor Tully. Carried by the following vote: Section 3. That the Industrial Land Task Force shall no later than June 30, 1978, provide to the Dubuque City Council a written report of their find- ings and recommendations. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers Commission Development Section 1. That there is hereby es- tablished an Industrial Land Task Force. Spllcial Sllssion, January 16,1978 questing approval of resolution grant- ing Interestate Power Co. permission to install a transmission line from Southerly edge of Area "C" to their power plant, presented and read. Coun- cil Member Wertzberger moved that the communication be referred to Staff. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King. A RESOLUTION granting easement to Interstate Power Company, was pre- sented and read. Council Member Wertzberger moved that the resolution be referred to Staff and City Attorney for investigation and directed to report back at the Council Meeting to be held on February 7, 1978. Seconded by May- or Tully. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King. Proofs of Publication, certified to by the Publisher, of Notice of two public hearings to be held on January 16th and February 6th, 1978, for the purpose of obtaining views of City residents on Community Development and Housing Needs, presented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Councilmem~ bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Communication of Community Devel- opment Commission submitting recom- mendations as to the use of Community Block Grant Funds for fiscal year 1979, presented and read. Council Member Wertzberger moved that the commun- ication be received and filed and refer- red to Council. Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. Council Member Wertzberger moved to suspend the rules to let anyone pre- sent address the Council if they so de- sire. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas-Mayor Tully, Councilmem~ bers Brady, Farrell,Wertzberger. Nays-none. Absent-Councilmember King. Don Meyers, Harry Neustadt and Dan Dittemore, staff members of Com- Special Session, January 16,1978 A copy of the bill as passed by the Senate is enclosed. Gent M. Wittenberg Assistant City Manager Council Member Wertzberger moved that the communication be received and filed. Seconded by Mayor Tully. Car- ried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays - none. Absent-Councilmember King. RESOLUTION NO. 22-78 RESOLUTION SUPPORTING PASSAGE OF SENATE FILE 336 WHEREAS, the House Ways and Means Committee of the Iowa State Legislature is considering Senate File 336 which permits a city or county to impose up to a 7% guest tax on hotel and motel rooms; and WHEREAS, the passage of Senate File 336 by the Iowa State Legislature would broaden the sources of revenue available to Iowa cities and would re~ duce to some extent reliance on proper~ ty taxes to pay for certain local ser- vices; and WHEREAS, the proceeds of such a guest tax would help pay for services expected by people who visit Iowa com- munities; NOW THEREFORE BE 1T RE- SOLVED BY THE C1TY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the City Council of the City of Dubuque endorses Senate File 336. Section 2. That the House Ways and Means Committee is urged to favorably report out Senate File 336 to the full house for early consideration. Section 3. That the area state leg- islators are urged to lend their-full sup- port to secure the passage of Senate File 336. Passed, adopted, and approved this 16th day 01 January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Mayor Tully. Carried by the following vo.te: Yeas - Mayor Tully, Councilmem~ bers Brady, Farrell. W ertzberger. Nays-none. Absent-Councilmember King. Communication of City Manager re- proved for the purchase price of $3,550.00, plus costs of publicat"ion, no abstract of title will be furnished and conveyance shall be by Quit Claim Deed; conveyance shall be subject to reservation by the City of Dubuque, Iowa of a perpetual easement for util- ities and for ingress and egress to repair and maintain the same. Section 2. That the Mayor and City Clerk be and they are authorized and directed to execute said deed of convey- ance and the City Clerk be and he is hereby authorized and directed to de- liver said deed of conveyance to the grantee upon payment of the purchase price in full. Section 3. That the City CLerk be and he is hereby authorized and di- rected to -record certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following- vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent...,...Councilmember King. Council Member Wertzberger moved that the City Clerk be directed to return certified check to unsuccessful bidder. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays - none. Absent-Councilmember King. January 9, 1978 Honorable Mayor and Members of City Council The attached resolution supports the passage of Senate File 336. This bill al- lows a city or county to impose up to a 7% guest taxon hotel and motel rooms by ordinance of the city council or by resolution of the county board of super- visors. Potential revenues are shown on an attached page. The money would be collected by the state and returned at least quarterly to the city or county that collected it. There are no restrictions on the use of the funds by the local government. 42 '....."'--~ _,-"~.:...~,,i~<k~"";'~~~~~ 45 ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. RESOLUTION NO. 29.711 WHEREAS, applications for Beer Permits have been submitted to this Council for approval anf,i the same have been examined; NOW THEREFORE BE IT RE- SOLVED by tbe City Conncil of tbe Ci- ty of Dubuque, Iowa, that the following applications be granted and permits is- sued upon the' compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Beverly R. Miller (Also Sunday Sales) 260 Southern Ave. Thompson's Food Markets, Inc. (Also Snnday Sales) 51 W. 32nd St. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King. RESOLUTION NO. 28.78 BE IT RESOLVED by tbe City Conn- cil 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 Ciga- rettes and Cigarette Papers within said City. Michae! Ave- nne S. S. Kresge Company, 790 Town Clock Plaza Passed, adopted, and approved this 16tb day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member W ertzberger. Carried by the following vote: 2400 Central Special Session, January 16,1978 F. Pusater That the cost of said improvement is hereby determined to be $18,434.36. That none of the cost thereof shall be assessable upon private property and $18.434.36 shall be paid from the Re- venue Sharing Fund of the City of Du- buque. Passed, adopted, and approved this 16tb day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member W ertzberger. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays - none. Absent-Councilmember King. (A Resolution Accepting Improvement) RESOLUTION NO. 27-78 WHEREAS, the contract for the Cooper Place Steps has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore. BE IT RESOLVED. by tbe City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, tbat the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Re- venue Sharing Fund issued upon the above described improvement in amount equal to the amount of his con. tract, less any retained percentage pro- vided for therein. Passed, adopted, and approved this 16tb day of Jannary, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell CounciImembers Special Session, January 16,1978 that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by tbe City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE 1T FURTHER RESOLVED, tbat the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Com- munity Development Fund issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, adopted, and approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E,. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King. November 30, 1977 Houorable Mayor and City Council The construction of Cooper Place Steps have been completed in accor- dance with plans and specifications by Patrick T. O'Dowd of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Council Member Brady moved that the communication be received and filed. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas'-Mayor Tully,. Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. FINAL ESTIMATE Resolution No. 26.78 WHEREAS, the contract for the Cooper Place Steps has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE 1T RESOLVED, by tbe City Council of the City of Dubuque, Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Councilmem- bers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King. FINAL ESTIMATE Resolution No. 24.78 WHEREAS, the contract for the Pe- destrian Ramps has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE 1T RESOLVED, by tbe City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $13,232.42. That none of the cost thereof shall be assessable upon private property and $13,232.42 sball be paid from tbe Com- munity Development Fund of the City of Dubuque. Passed, adopted, and approved this 16th day of Jannary, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Councilmem- hers Brady, Farrell, W ertzberger. Nays - none. Absent-Councilmember King. (A Resolution Accepting Improvement) RESOLUTION NO. 25-78 WHEREAS, the contract for the Pe- destrian Ramps has been completed and the City Manager has examined the work and filed his certificate stating 44 Yeas -:- Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. November 29, 1977 To the Honorable Mayor and City Council The construction of the pedestrian ramps have been completed in accor- dance with plans and specifications by Tri-State Paving Company of Dubuque, Iowa. Special Session, January 16,1978 following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King; Mayor Tully moved to proceed with Hawks Trailer Mobile Court the same as Stierman's and grant permission to connect onto City Sewer Line subject to conditions set by City Manager. Se- conded by Council Member Wertzber- ger. Carried by the following vote: Yeas - Mayor Tully I Councilmem- bers Brady. Farrell, W ertzberger. Nays - none. Absent-Councilmember King. There being no further business, Council Member Wertzberger moved to adjourn. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmemher King. Leo F. Frommelt City Clerk Approved 1978 Adopted. " 1978 - - - - - - - - - - Councilmembers ATTEST: City Clerk Special Session, January 16,1978 1080 University Ave. Josephine Burke, 1445 Central Rita Clancy, 201 East 22nd St. Michael F. Pusateri, 2400 Central Ave. Passed, adopted, and approved this 16th day of Jannary, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers Ave. ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Councilmem- bers Brady, Farrell, W ertzberger. Nays-none. Absent-Councilmember King. RESOLUTION NO. 32-78 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have re- ceived the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by tbe City Council of Dnbn- que, Iowa, that the Manager be au- thorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine A. Fransen (Also Sunday Sales) 1100 Lincoln Ave. Steve Smith, 1105 University Ave. Marie Bertha Becker (Also Sunday Salea) 206 West 3rd St. Thomas Andresen (Also Sunday Sales) 1080 University Ave. Josephine Burke, 1445 Central Ave. Rita Clancy, 201 East 22nd St. Michael F. Pusateri, 2400 Central Ave. Passed, 'adopted, and" approved this 16th day of January, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the ---'-"""""""",,, following vote: Yeas - Mayor Tully, Councilmem- bers Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. RESOLUTION NO. 30-78 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by tbe City Couucil of tbe Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Beverly R. Miller (Also Sunday Sales) 260 Southern Ave. Thompson's Food Markets, Inc. (Also Snnday Sales) 51 West 32nd St_ Passed, adopted, and approved this 16tb day of Jannary, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Councilmembers ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council- members Brady, Farrell, Wertzberger. Nays-none. Absent-Councilmember King. RESOLUTION NO. 31.78 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by tbe City Con.cil of tbe Ci- ty of Dubuque, Iowa, that the following applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine A. Fransen (Also Sunday Sales) 1100 Lincoln Ave. Steve Smith, 1105 University Ave. Marie Bertha Becker (Also Sunday Sales) 206 West 3rd St. Thomas Andresen (Also Sunday Sales) 46 .