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1978 May Council Proceedings 191 OF, ALSO KNOWN AS TilE "ZONING ORDINANCE AND ZONING MAP OF TilE CITY OF DUBUQUE, IOWA," BY RECLASSIFYING PROPERTY AT 1927 UNIVERSITY AVENUE FROM ID IN. STITUTIONAL DISTRICT CLASSIFI. CATION TO R.3 RESIDENTIAL DISTRICT CLASSIFICATION NOW TIlEREFORE BE IT OR. DAINED BY TilE CITY COUNCIL OF TilE 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 Zoning Map of the City of Dubuque, Iowa," to reclassify here- inafter described property from "ID In- stitutional District" classification to ''R-3 Residential District" classifica- tion, to wit: the West 11.1 feet of Lot 13 and the East 38.9 feet of Lot 14 both in Tschirgi and Schwind's Subdivision 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, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 4th day of May 1978. Leo F. Fromme City Clerk It 5/4 Council Member Wertzbergermoved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance by reclassifying property at 1919 Universi- ty Ave. from ID Institutional District to R-3 Residential District Classification, presented and read. No written objec- tions 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 Regular Session,Ma,l' 1,1978 COUNCIL CITY OFFICIAL Regular Session, May 1, 1978. Council met at 7:30 P.M. (D.S.T') Present: Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Absent: City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that service thereof had been duly made and this is the regular monthly meeting of the Council called for the purpose of acting upon such business as may pro- perly come before the Meeting. Invocation was given by Rev. Robert Stefek, Pastor of First Presbyterian Church. Proclamations proclaiming week of May 13-17 as "Womens Recreation Ass 'n Awareness Week", Months of June, Ju- ly, August as "Jobs for Students Months" and Week of May 14 thru 20 as "Kiss Your Baby Week", were read, ap- proved and signed by Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance by reclassifying property at 1927 Universi- ty Ave. from ID Institutional District to R-3 Residential District Classification, presented and read. No written objec- tions 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 Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzherger. Nays-none. ORDINANCE NO. 24.78 AN ORDINANCE OF TilE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIlERE. OF, ALSO KNOWN AS TilE "ZONING ORDINANCE AND ZONING MAP OF TilE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PROPERTY AT 1927 UNIVERSITY AVENUE FROM 10 IN. STITUTIONAL DISTRICT CLASSIF. ICATlON TO R.3 RESIDENTIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meet- ing of April 3, 1978, presented for final adoption. ORDINANCE NO. 24.78 AN ORDINANCE OFTIlE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIlERE. ,_~<_." -'~_'''''~_~'.""c.x'v~' """_.<"~ ~,-,-=,=~'..':'.'c.' _~ .. ~-" 190 Special Session, April26,1978 - Approved ..................1978 Adopted. .................. 1978 - - - - - Council Members ATTEST: City Clerk ~~~j ,~ }~~""'...''''''~~~ :::~=: u 193 BUQUE, IOWA, PROVIDING FOR TilE REPEAL OF SUBSECTION 1 OF SEC. TION C OF SECTION 25.212 OF TilE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT. NOW TIlEREFORE BE IT OR. DAINED BY TilE CITY COUNCIL OF TilE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 1 of Sec- tion 25-212 of the Code of Ordinances , Ci. ty of Dubuque, Iowa, is hereby repealed and declared null and void and of no ef- fect. Passed, approved, and adopted this 1st day of May, 1978. Thomas A, Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Leo F. Frommelt City Clerk ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 4th day of May 1978. it 5/4 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member FarrelL Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. ORDINANCE NO. 28.78 AN ORDINANCE OF TilE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING NEW SECTIONS TO BE NUMBERED SECTION 4.28 TIlROUGIl SECTION 4.33V, PRESCRIBING REGULATIONS FOR USE OF MUNIC. IPALL Y OWNED AIRPORT PARKING LOTS, FIXING AND CIlARGING FOR FEE TIlEREFOR AND PROVIDING A PENALTY FOR TilE VIOLATION IlEREOF, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Mem~ bers Brady, Farrell, King, W ertzberger. Nays-none. Council Member Farrell moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, Regular Session,Ma,l-' 1,1978 -are hereby declared to be 'STOP IN- TERSECTIONS'for the purposes of this section. C. Westbound vehicles must stop be- fore entering the intersection of: 10. Andrew Court and Boyer Street." Section _ 2. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed and of no further force or effect. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph llerald Newspaper this 4th day of May 1978. it 5/4 Leo F, Frommelt City Clerk Council Member Werzberger moved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. ORDINANCE NO. 27.78 AN ORDINANCE OFTIlE CITY OF DU. BUQUE, IOWA, PROVIDING FOR TilE REPEAL OF SUBSECTION 1 OF SEC. TION C OF SECTION 25.212 OF TilE CODE OF ORDINANCES, CITYOF DU. BUQUE, IOWA, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. 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, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. ORDINANCE NO. 27.78 AN ORDINANCE OF TilE CITY OF DU. Regular Session, May 1.1978 ATTEST.. Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 4th day of May 1978. it 5/4 ger. Nays-none. ORDINANCE NO. 26.78! AN ORDINANCE OF TilE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW SUBSECTION 10 TO SECTION C OF SECTION 25.210 OF SAID CODE, PROVIDING TIlAT VEIlICLES STOP BEFORE ENTERING TIlOSE INTERSECTIONS DESIG. NATED AS STOP INTERSECTIONS, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member FarrelL Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. ORDINANCE NO. 28.78 AN ORDINANCE OF TilE CITY OF DU. BUQUE,IOWA PROVIDING TIlATTIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY ADDING A NEW SUB.SECTION 10 TO SECTION C OF SECTION 25.210 OF SAID CODE, PROVIDING TIlAT VE. IlICLES STOP BEFORE ENTERING TIlOSE INTERSECTIONS DESIG. NATED AS STOP INTERSECTIONS. NOW TIlEREFORE BE IT OR. DAINED BY TilE CITY COUNCIL OF TilE CITY OF DUBUQUE: Section 1. That Section C of Section 25-210 of the Code of 01'dinances of the City of Dubuque, Iowa, be amended so that such section shall read as follows: "Sec. 25-210. (b) Those intersections designated Leo F. Frommelt City Clerk Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- 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 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 192 filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. ORDINANCE NO. 25.78 AN ORDINANCE OF TilE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIlERE. OF, ALSO KNOWN AS TilE "ZONING ORDINANCE AND ZONING MAP OF TilE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PROPERTY AT1919 UNIVERSITY AVENUE FROM 10 IN. STITUTIONAL DISTRICT CLASSIFI. CATION TO R.3 RESIDENTIAL DIS. TRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meet- ing of April 3, 1978, presented for final adoption. ORDINANCE NO. 25.78 AN ORDINANCE OFTIlE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIlERE. OF, ALSO KNOWN AS TilE "ZONING ORDINANCE AND ZONING MAP OF TilE CITY OF DUBUQUE, IOWA," BY RECLASSIFYNG PROPERTY AT 1919 UNIVERSITY AVENUE FROM 10 IN. STITUTIONAL DISTRICT CLASSIF. ICATION TO R.3 RESIDENTIAL CLASSIFICATION. NOW TIlEREFORE BE IT OR. DAINED BY TilE CITY COUNCIL OF TilE 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 Zoning Map of the City of Dubuque, Iowa to reclassify hereinafter described property from "ID Institu- tional District" classification to "R-3 Residential District" classification, to wit: the East 50 feet of Lot 19 of Tschirgi and Schwind's Subdivision in the Ci- ty of Dubuque, Iowa ~ ~>"'.-.~ -'~---'~:-"~''''-'-'''~'~'' 194 195 ough understanding of the Ctrcum- stances attending such violation. (b) He shall attach to such vehicle a Notice of Fine envelope stating that it has been parked in violation of this ordinance, and instructing the owner or operator to report to the Traffic Violation Bureau in the City Hall, Ci- ty of Dubuque, Iowa within seventy- tWQ hours of the time of the violation, Sec. 4.32. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $100, and upon failure to pay said fine shall be im- prisoned for a period not exceeding thirty (30) days. The word "person" herein shall include individua~ firm, association or corporation. Sec. 4.33. It shall be the duty of the City Manager to designate some per- son or persons to make regular collec- tions of money deposited in said pm'k- ing meters and deliver the money to the City Treasurer, and he shall place such money in a special fund to be known as the Airport Parking Meter Fund. Such person or persons making such collections shall be bonded and covered by the City's Honesty Blan- ket Position Bond. Sec. 4-33 112. If any section, part of section, sentence, clause or phrase of this ordinance shall be held to be un- constitutional or invalid, the remain- ing provisions hereof shall neverthe- less remain intullforce and effect." Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Leo F. Frommelt City Clerk ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 4th day of May 1978. 1t 5/4 Council Member Farrell moved final adopt1:on of the Ordinance. Seconded by Council Member Brady, Carried by the following vote: Yeas--Mayor Tully, Council Mem- bers Brady, Farrel~ King, Wertzber- ger. Nays-none. An Ordinance amending the Zoning Ordinance amending Sections 4-113.2 and 4-114.2 for the provisions of Bars Regular Session, May 1.1978 (b) On parking lots nos. 2 and 6 such meters shall show legal parking for two hours upon the deposit of each twenty-five cent coin but no more than a total of twenty-four hours at anyone time. The maximim legal parking time limit for any one vehicle at anyone time shall be twenty-four hours. (c) On parking lots nos. 3 and 5 such meters shall show legal parking for fifteen minutes upon deposit of each five-cent coin or thirty minutes upon the deposit of each ten cent coin, but not more than a total of one hour at anyone time. The maximum legal parking time limit for any one vehicle at anyone time shall be one hour. hour and fifteen minutes upon the deposit of one twenty-five cent coin, but not more thana total of two hours at anyone time. The maximum legal parking time limitforany one vehicle at anyone time shall be two hours. (d) On parking lot nO.4-such meters shall show legal parking for thirty minutes upon deposit of each five cent coin, or sixty minutes upon the deposit of each ten cent coin, or two hours and thirty minutes upon the de- posit of one twenty-five cent coin, but not more than a total of twelve hours at anyone time. The maximum legal parking time limitforany one vehicle at anyone time shall be twelve hours. (e) On parking lot no. 7parking spaces rented at a rate of one dollar per day plus three percent State service tax. Sec. 4.31. It shall be the duty of the Airport Manager under the directl:on of the City Manager to keep account of all violations of this ordinance. Sec. 4-30. It shall be unlawful to de- posit or cause to be deposited in any parking mete1'any slug, device or any metallic substitute for any United States coin. Sec. 4.301h. It shall be unlawful for any unauthorized person to open, or for any person to deface, injure, tam- per with or willfully break, destroy or impair the usefulness of any park- ing meter installed pursuant to this (a) He shall keep an account of and report the number of each parking meter which indicates that the vehi" cle occupying the parking space adja- cent to such parking meter is or has been parking in violation of any of the provisions of this ordinance, the date and hour of such violation, the make and the State license number of such vehicle and any other facts, a know- lege of which is necessary to a thor~ Regnlar Session, May 1,1978 (c) When such parking spaces are so established and marked and parking meters installed adjacent thereto, it shall be unlawful for any person, firm, association or corporation to cause, allow, permit or suffer any motor vehicle registered in the name of such person, firm, association or corporation to be parked within such space for the time during which the meter is showing a signal indication that such space is legally in use. Such meters shall be placedin operation by deposit of appropriate coin therein during any twenty-four hou1's of any day of the week. (d) It shall be unlawful and a '/!;iolation of the provisions of this ordinance for any person, firm, association or cor- poration to cause, allow, permit or suffer any vehicle registered in the name of such person, firm, associa- tion or corporation to be parked over- time or beyond the period of legal parking time established for any parking lot herein described, or to de- posit in any parking meter any coin for the purpose of parking beyond the maximum legal parking time for the particular parking lot. Sec. 4.29. Designated. That the va- rious municipally owned Airport parking lots located at the Dubuque Municipal A irport shall be des- ignated numerically as follows: Lot No.1. The lot situated immedi- ately in front of the new terminal building. Lot No.2. The lot situated north and rear of lot No.1. Lot No.3. The lot situated im- mediately east of the new terminal building and in front of the old ter- minal building. Lot No.4. The lot situated im- mediately east of lot No.3. Lot No.5. The lot situated west of the new terminal building alongside the Tri-State Hangar building. Lot No.6. The lot situated thirtyfeet west of lot No. 1. Lot No.7. The lot situated im- mediately east and adjacent to lot No.4-. Sec. 4.29 1f2. Time & Fee Schedule. Parking me ters on municipally owned Airport parking lots, when installed and properly operated, shall show legal parking upon and after deposit of the United States coins and in the non-mete1'ed parking lots, parking spaces shall be rented at a daily rate. (a) On parking lot no. 1 such meters shall show legal parking for fifteen minutes upon deposit of each five cent coin or thirty minutes upon the deposit of each ten cent coin or one "-.<.;"'-.'",~' be dispensed with. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. ORDINANCE NO. 28.78 AN ORDINANCE OF TilE CITY OF DU. BUQUE, IOWA PROVIDING TIlATTIlE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY AD. DING NEW SECTIONS TO BE NUM. BERED SECTION 4.28 TIlROUGIl SECTION 4.33V, PRESCRIBING REG. ULATIONS FOR TilE USE OF MUNIC. IPALLY OWNED AIRPORT PARKING LOTS, FIXING AND CIlARGING A FEE TIlERE;FOR AND PROVIDING A PEN. AL TY FOR TilE VIOLATION IlEREOF. NOW TIlEREFORE BE IT OR. DAINED BY TilE CITY COUNCIL OF TilE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by adding new sections to be numbered Section 4-28 through Sec- tion 4.$31/~, to read as follows: "Sec. 4.28. The Airport Commission of the City of Dubuque, Iowa is here- by authorized and directed to install parking meters in all municipally owned Airport parking lots for the purpose of, and in such numbers and at such places, as may be necessary for the regulation, control and inspec- tion of the parking of motor vehicles therein. (a) Such parking meters shall be in- stalled immediately adjacent to the individual parking spaces hereinaft- er described, and each parking meter shall be so constructed and adjusted as to show when properly operated, a signal that the space adjacent to which it is installed is oris not legally in use. Each parking meter installed shall indicate on and by its dial the duration of the period of legal park- ing and on the expiration of such period shall indicate illegal or over- parking. (b) The Airport Commission of the Ci- ty of Dubuque, Iowa shall establish and designate by suitable markings, parking spaces and traffic lanes on said municipally owned Airport parking lots and each motor vehicle parking in such parking lots shall park within such parking spaces. It shall be unlawful to park any motor vehicle on any municipally owned Airport parking lot in such a position that the same shall not be entirely within such parking space or in such a manner that it shall obstruct the free movement of vehicles over such traf- fic lanes. .~-.--....._"_ ,~~~,",,_'y...-K"h-:_'" "":~.c;: 196 197 (Necessity for Improvement) RESOLUTION NO. 147-78 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the Ci~ ty Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the construction of the Ci- ty of Dubuque 1978 Asphalt Patching Project. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk, objec- tions to the amount ofthe cost ofthe im- provement, they shall be deemed to have waived all objections thereto. Said improvement shall be construc- ted and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im" provement will be paid from the Road Use Tax Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of April, 1978. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Council Member Farrell moved fi~ nal adoption of the resolution. Second- ed by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays - none. Decision of Council upon Objections to plans, specifications, form of con. tract and cost of improvements RESOLUTION NO. 153.78 WHEREAS, proposed plans and spec- ifications and form of contract for the construction of the City of Dubuque 1978 Asphalt Patching Project have been ap- proved by the City Council of the City of Regular Session,May 1,1978 to the terms and conditions of said writ- ten lease; and WHEREAS, a true copy of said writ- ten lease, marked Exhibit" A", is at- tached hereto and by reference made a patt hereof: and WHEREAS, notice of intent to enter into said lease for a period in excess of three years has been published in the Telegraph-Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa fixing the 1st day of May, 1978, at 7:30 o'clock P.M. in the City CouriCiI Chambers in the City Hall, Dubuque, Iowa as the time and place of hearing on said published notice of in- tent to enter into lease; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A, Section 1. That the proposed written lease agreement by and between the Ci- ty of Dubuque, Iowa by and through its Dubuque Airport Commission and TRI- STATE FLITE SERVICES, INC., a co- py of which, marked Exhibit "A", is hereto attached and by reference made a part hereof, be and the same is hereby approved; and that there have been no objections, oral or written, to the enter- ing into said lease by the City of Dubu- que, Iowa. Section 2. That the Mayor and the Ci- ty Clerk be and they are hereby autho- rized to execute said lease for and on behalf of the City of Dubuque, Iowa. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Pendency of Resolution of Necessity for construction of City of Dubuque 1978 As- phalt Patching Project, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RegularSession,May 1,1978 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 utilities and for ingress and egress to repair and maintain the same, be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk be and they are authorizeg 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 directed to record certified copy of this Resolution in the office of the Dubuque County Re. corder, the Dubuque County Assessor and the Dubuque County Auditor. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Mem bers ger. Nays~none. RESOLUTION NO. 152.78 WHEREAS, the City of Dubuque, Iowa has been negotiating by and through the Dubuque Airport Commis- sion and TRI-STATE SERVICES, INC. for the negotiation of a lease; and WHEREAS, the parties have agreed 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, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays - none. Proof of Publication, certified to by the Publisher, of Notice of Hearing on a proposed Lease and Agreement with Tri-State Flite Services Inc., providing for the leasing of approx. 6000 ft. with the Airport Commission, 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 Wertz- berger moved that the proof of publica- tion be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- and Taverns in the C-2 and C-3 Com- mercial Zones, said Ordinance having been previousiy presented and read for the first time at the Council Meeting of April 17, 1978, presented for second reading. Council Member Brady moved that this be the second reading and the Ordinance be forwarded to the Plan- ning & Zoning Commission and City So- licitor for study. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider sale of Lot 66 in Voelker High- lands to Leo Breitbach, 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 Wertz- berger moved that the proof of publi- cation be received and filed. Seconded by Council Member "King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. RESOLUTION NO. 151.78 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 April 20, 1978 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 1st day of May, 1978 at 7:30 o'clock P.M. in the City Council Chambers in City Hall, Dubuque, Iowa to consider the proposal to dispose of interest of the Ci- ty of Dubuque, Iowa to real estate de- scribed as: Lot 66 in Voelker Highlands in the City of Dubuque, Iowa to LEO BREITBACIl; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of Ci- ty of Dubuque, Iowa in the above de- scribed real estate to LEO BREIT- BACH: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A, Section 1. That the disposal of in- terest of the City of Dubuque, Iowa in the following described real estate, to- wit: Lot 66 in Voelker Highlands. in the City of Dubuque, Iowa to LEO BREITBACH for the purchase price of $600.00, that no abstract of title 199 filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. (Necessity for Improvement) RESOLUTION NO. 136.78 WHEREAS, proposed plans, specif- ications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the Ci- ty Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the construction of Walsh (Parkway) Street Storm Sewer. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk, objec- tions to the amount of the cost of the im- provement, they shall be deemed to have waived all objections thereto. Said improvement shall be construc- ted and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid by Finley Hospit- aL The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of April, 1978. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved final adoption of the Resolution. Second- ed by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Decision of Council upon objections to plans, specifications, form of con- tract and cost of improvements RESOLUTION NO. 156.78 WHEREAS, proposed plans and spec- u~.".K,," -~--.""'~""""-~ ~~-~ RegularSession,Ma,l'1.1978 Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. (Awarding Contract) RESOLUTION NO. 155.78 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1978 Asphalt Paving Project pursuant to Resolution No. 154-78 and notice to bidders published in a newspaper published in said City on April 21, 1978; and WHEREAS, said sealed proposals were opened and read on April 25, 1978, and it has been determined that the bid of Tri-State Paving, Division of Dubuque Stone Projects, Company of Dubuque, "- Iowa in the amount of $108,938.41 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con- tract for the above mentioned improve- ment be awarded to Tri-State Paving, Division of Dubuque Stone Products, Company and the manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED. that upon the signing of said contract and the approval of the contractors bond the Ci- ty Treasurer is authorized and instruc- ted to return the bid deposits of the un- successful bidders. Passed and adopted this May, 1978. day of Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 1st Pro- ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice to Contractors for construction of the City of Dubuque 1978 Asphalt Patching Project, pre- sented and read. ConcH Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. 25, 1978 Regular Session, May 1.1978 Dubuque 1978 ject. be and the same is hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED tbat the cost and expense of the said improve- ment be paid from the Road Use Tax Fund BE IT FURTHER RESOLVED tbat this Resolution being deemecJ. urgent and of immediate necessity shall be in force and effect from and after its pas- sage and adoption by the City Council. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Patching Asphalt 198 Dubuque and public notice given as pro- vided by Section 384 of the Code of Iowa, 1977 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time be- ing this 1st day of May, 1978; and WHEREAS, the City Council met in regular session this 1st day of May, 1978, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have beeIi given an opportunity to be heard and all objections which have been duly weighed and considered: now, therefore BE IT RESOLVED by tbe City Coun- cil of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifictions and form of contract heretofore approved are hereby adop- ted. BE IT FURTHER RESOLVED tbat this resolution containing the decision of this Council ,upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo-F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for Construc- tion of Walsh (Parkway) Street Storm Sewer, presented and read. Council Member Wertzberger moved that the proof of publication be received and Apri To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m., D.S.T., Tuesday, April 25, 1978 for City of Dubuque 1978 Asphalt Paving Pro- ject. The lowest bid, $108,938.41, was en- tered by Tri-State Paving, Division of Dubuque Stone Products, Company. The bid was 11.9% under the Engineer's estimate. I recommend that the contract be awarded to Tri-State Paving, Division of Dubuque Stone Products, Company. Gilbert D. Chavenelle City Manager ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: (ORDERING CONSTRUCTION: RESOLUTION NO. 154.78 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that purusant to a Resolution of Necessity No. 147-78 which was duly passed by this Council for the City of Yeas-Mayor Tully, Council Mem" bers Brady, Farrell, King, W ertzberger. Nays-none. 201 improvements herein provided for in the manner provided by law. BE IT FURTIlER RESOLVED that this resolution being deemed urgent and 01 IMMEDIATE NECESSITY shall be in force and effect from and after its passage and adoption by the City Coun- cil. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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 Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice to Contractors for receipt of bids for construction of Central Ave. at 17th Street Traffic Sig- nals, presented and read. Council Mem- ber Brady moved that the proof of publi- cation be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Mayor 25,1978 To the Honorable and City Council Purusant to your instructions, sealed proposals were received until 10:00 a.m., D.S.T. Tuesday, April 25, 1978 for the construction of Central A venue at 17th Street Traffic Signal Improvements. The lowest bid was entered by Uhl- rich Electric Company in the amount of $7,161.81. The bid was 0.2% over the En- gineer's estimate. I rcrommend that the contract be awarded to Uhlrich Electric Company. Gilbert D. Chavenelle City Manager Council Member Brady moved that thecommuniration he received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, I<~arrell, King, Wertzberger. :"Jays - none. (Awarding Contract) RESOLUTION NO. 160.76 WHEREAS, sealed proposals have been submitted by contractors for the construction of Central A venue at 17th "t Apri Regular Session,May 1.1978 WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by tbe City Coun. cil of the City of Dubuque, that all objec- tions which have been made and filed to the plans. specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of con- tract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans. specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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 Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. (Ordering Construction) RESOLUTION NO. 159.76 BE IT RESOLVED BY TilE CITY COUNCIL OF THE CITY OF DUBU. QUE that pursuant to a Resolution of Necessity No. 82-78 which was duly passed by this Council for the construc- tion of the Central Avenue at 17th Street Traffic Signal Improvements be and the same are hereby ordered and constructed by this Council upon its ow n motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTIlER RESOLVED that the cost and expense ofthe said improve- ment be paid from the Road Use Tax Fund. BE IT FURTIlER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for pro- posals for the construction of the various "",""",";".,;HO: ....."-~.- ~--~ Regular Session,Ma;y, 1,1978 Necessity No. 136-78 which was dUly passed by this Council for the construc- tion of the Walsh (Parkway) Street Storm Sewer. be and the same are hereby ordered and constructed by this Council upon its own motion and with or without petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense ofthe said improve- ment be paid by Finley Hospital. BE IT FURTHER RESOLVED tbat this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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, Council Mem- bers Brady, Farrell, King. Wertzberger. Nays-none. Decision of Council upon objections to plans, specifications, form of con. tract and cost of improvements RESOLUTION NO. 156.76 WHEREAS, proposed plans and spec- ifications and form of contract for the construction of Central Avenue at 17th Street Traffic Signal Improvements have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1977 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 1st dayofMay, 1978; and WHEREAS. the City Council met in regular session this 1st day of May ,1978, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the purpose of hearing all interested parties and ('on sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and 200 ifications and form of contract for the construciton of the Walsh (Parkway) Street Storm Sewer have been ap- proved by the City Council of the City of Dubuque and public notice given as pro- vided by Section 384 of the Code of Iowa, 1975 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time be- ing this 1st day of May, 1978; and WHEREAS, the City Council met in regular session this 1st day of May, 1978, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by tbe City Coun. cil of the City of Dubuque, that all objec- tions which have been made and filed to plans, specifications, contract for or cost of said improvement herein described and proposed to be -made, be and the same hereby overruled and such plans, specifications and form of contract here- tofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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, COUricil Mem- bers Brady, Farrell, King, Werb;bergcr. Nays-none. (ORDERING CONSTRUCTION) RESOLUTION NO. 157.78 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a Resolution of =<eM';_ -'~-'~ 203 WHEREAS, said plat has been ex- amined by the City Council and they find that same conforms to statutes and or- dinances relating thereto: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the plat of the sub- division of Lot 1 and Lot 20fLot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Breven Place" in the City of Dubu- que, Iowa, be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat. Passed, adopted, and approved by recorded roll call this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. April 25, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the Ryan Development Company seeking relief from the non-conforming status of the Ryan House Restaurant at 1375 Locust Street, to allow the owners to erect an addition to the structure. In reviewing this petition the Com- mission studied the origin of provisions allowing special uses in structures of historical and/or architectural signif- icance which are located in OR-l Office- Residential Districts. They found that the Ryan House was established under the provisions of Ordinance No. 28-70 and operated under those provisions un- til the adoption of the new Zoning Or- dinance in 1975. The Commission has de- termined that the inclusion of "restau- rants and cabarets" as Conditional Uses in the OR-1 Office-Residential District is appropriate, and would permit restora- tion of conforming status to the Ryan House Restaurant. In voting their approval, the Planning and Zoning Commission included a pro- vision to the amendment, for review of the compatibility of any alteration, mo- RegularSession,May 1.1978 Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. April 21, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has reviewed a final plat subdividing Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 10f"Breven Place" into Lots 1 and 2 of that subdivi- sion. The property is located north and east of an extension of Brevan Drive north of its intersection with Brueck Road in the City of Dubuque, Iowa. In approving the plat, the Planning and Zoning Commission has found that the intent of the subdivision is to allow transfer of Lot 2, a 50 foot wide parcel which will serve as access to Marshall Park. The Commission 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 King. Carried by the following vote: Yeas-Mayor Tully, pouncH Mem~ bers Brady, Farrell, King, Wertzberger. Nays - none. RESOLUTION NO. 162.76 A Resolution Approving the Plat of Lot 1 and Lot 2 of Lol1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lol 1 of Lol 1 of "Breven Place" in the City of Dubu. que, Iowa WHEREAS, there has been filed with the City Clerk a plat ofthe subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Breven Place" to be known as Lot 1 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot lofLot 1 of "Breven Place" in the City of Dubu- que, Iowa. WHEREAS, said plat has been ex- aminedby the City Planning and Zoning Commission and has had its approval en- dorsed thereon; and Regular Session, May 1.1978 owners of said real estate and that no use for said railroad right-of-way easements has ever been established or determined and that said easements have never been accepted by any railroad: and WHEREAS, both easements as delin- eated on said plats do not have any east- erly terminus as said proposed right-of- way easements for railroad have been abandoned and the tracks pertaining thereto have been removed and dis- posed of; and WHEREAS, said Lot 10fBlock 12 and Block 13 of "River Front Subdivision No. 3," among other parcels, have been sold to E. R. Carpenter, Inc., which has deter- mined that there is no need fo~ such rail- road right-of-way easements and that same accordingly should be vacated; and WHEREAS, the City Council of City of Dubuque, Iowa, deems it in the public interest that the easements hereinabove specified be vacated so as to remove and cancel said 30-foot wide railroad rights of way in said respective blocks as said easements no longer serve any public purpose and have never been accepted by any railroad, nor have any im- provements been made in connection thereto, nor has any use been made of said 30-foot wide railroad right of way easements in said respective blocks as was proposed by the City of Dubuque, Iowa, for such railroads as would be ne- cessary to serve the industrial island and the parcels under consideration hereinabove mentioned; and WHEREAS, the City of Dubuque, Iowa, is now the owner of said Lot 1 of Block 120f "River Front Subdivision No. 3" and is the owner of Block 13 of "River Front Subdivision No.3," and that the easements for railroad purposes therein affected no longer serve any public pur- pose and should be vacated; NOW, THEREFORE BE IT RE- SOLVED By'TIlE CITY COUNCIL OF 'fHE CITY OF DUBUQUE, lOW A: Section 1. That the plat filed March 11, 1969, in Book 33, pages 275 and 276, and the plat filed February 15, 1973, as In- strument #1184-1973 in the Office of the Dubuque County Recorder, show a 30. foot wide railroad right.-of-way ease- ment in Lot 1 of Block 12 of "River Front Subdivision No.3" and in Lot 1 of Block 12 and in Block 13 of "River Front Sub- division No.3," respectively; that such easements be vacated and that such grants of easement be and the same are withdrawn and of no further effect; and that said easements, never having been accepted by any railroad nor any work ever having been performed therein in said easements or in connection with said easements, are hereby perpetually and permanently vacated. Street Traffic Signal Improvements pursuant to Council rebid Order 3-29~78 and notice. to bidders published in a newspaper published in said City on Ap- ril11, 1978; and WHEREAS, said sealed proposals were opened and read on April 25, 1978, and it has been determined that the bid of Uhlrich Electric Company, Inc. of Du- buque, Iowa in the amount of $7,161.81 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT TIlEREFORE RESOLVED by the City Council of the City of Dubuque that the contract for the above mention- ed improvement be awarded to Uhlrich Electric Company, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubu- que for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the Ci- ty Treasurer is authorized and instruc- ted to return the bid deposits of the un- successful bidders. Passed and adopted May, 1978. day of Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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 Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. ' RESOLUTION NO. 161-76 WHEREAS, on March 11, 1969, the City of Dubuque, Iowa, caused to be filed a plat of a 30-foot wide railroad right of way easement in Lot 1 of Block 12 of "Ri- ver Front Subdivision No.3" in the City of Dubuque, Iowa, and which plat was fil- ed in Book 33, pages 275-276; and WHEREAS, on February 15, 1973, the City of Dubuque, Iowa, caused to be filed a plat of a 30-foot wide railroad right of way easement in Lot 1 of Block 12 and in Block 13 of "River Front Sub- division No.3" in the City of Duouque, Iowa, and which plat was filed as Instru- ment #1184-1973; and WHEREAS, the purpose for such 30-foot right of way railroad easements was to afford rail services to prospective 1st this 202 205 Council Member following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. N1lYS - none. Council Member Farrell moved that the rule requiring anOrdinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken, he dispensed with. Seconded by Council ."),,,~.. -~_;>'ll_~."~ the April 21, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Schiltz Development Corporation to reclassify their property from AG Agricultural District and R-5 Residential District zones to an R-2 Residential District classification. The property, known as Sunset Park Subdivision No.4, is located south of Pennsylvania A venue west of the Hamilton Glen Apartments in the Ci- ty of Dubuque, Iowa. In their review of the petition, the Planning and Zoning Commission re- ceived a communication from the RET Corporation, owner of Hamilton Glen' Apartments, endorsing the petitioners proposal. There was no one present to voice objection to the zoning request. The Planning and Zoning Commission has found the R-2 Residential District classification to be appropriate for the Sunset Park Subdivision No.4 develop- ment and recommends your favorable consideration. City Planning And Zoning Commission Daniel Dittemore Director of Community Development Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. AN ORDINANCE of the City of Du- buque, Iowa amending the Code of Ordi- nances also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque" by reclassifying property at Sunset Park Sub. No.4 from AG Agri- cultural District and R-5 Residential District to R-2 Residential District Classification, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Wertzberger. Carried by the following vote: King. Carried by RegularSession,May 1.1978 Passed, adopted, and approved by recorded roll call this 1st day of May, 1978. 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, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. RESOLUTION NO. 164.78 A Resolution Approving the Plat of Lot 1 and Lot 2 of Lot 1 of Block 1 in "River Front Subdivision No.5" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the subdivision of Lot 1 of Block 1 in "River Front Subdivi- sion No.5" to be known as Lot 1 and Lot 2 of Lot 1 of Block 1 in "River Front Sub- division No.5" in the City of Dubuque, Iowa. WHEREAS, said plat has been exam- ined 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 same conforms to statutes and ordi- nances relating thereto: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the plat of the sub- division of Lot 1 and Lot 2 of Lot 1 of Block 1 in "River Front Subdivision No. 5" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby autho- rized and directed to endorse the ap- proval of the City of Dubuque, Iowa, upon said plat. Passed, adopted, and approved by recorded roll call this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Regular Session, May 1.1978 nal plats subdividing property in River Front Subdivision in the City of Du- buque. Iowa. The first plat subdivides Block 2 of River Front Subdivision No.3 which is bounded by Kerper, Haw- thorne, Harbor and Shiras Extension, in- to Lots 1 and 2 of that subdivision. The second plat subdivides Lot 1 of Block 1 of River Front Subdivision No.5, located on the west side of the southerly exten- sion of Shiras A venue, into Lots 1 and 2 of that subdivision. WHEREAS, there has been filed with the City Clerk a plat of the subdivision of Block 2 of "River Front Subdivision No. 3" to be known as Lot 1 and 2 of Block 2 of "River Front Subdivision No.3" in the City of Dubuque, Iowa; WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that same conforms to statutes and or- dinances relating thereto: NOW THEREFORE BE IT RE- SOLVED BY TilE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the plat of the sub- division of Lot 1 and Lot 2 of Block 2 in "River Front Subdivision No.3" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the Ci- ty of Dubuque, Iowa, upon said plat. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas~Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 163.78 A Resolution Approving the Plat of Lot 1 and Lot 2 of Block 2 in "River Front Subdivision No.3", In the City of Du- buque, Iowa In voting their approval of the two fi- nal plats, the Planning and Zoning Com- mission found that the intent of the lot split in both instances is to accommodate transfer of ownership of one of the lots. The Commission recommends your fav- orable consideration. City Planning And Zoning Commission Daniel Dittemore Director of Community Development 204 dification, or addition to the exterior of an historic or architecturally significant structure. The Commission recommends your favorable consideration of the amendment. 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 King. Carried by the following vote: Y eas ~ Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. 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 enacting a new subsection 4 to Article IV, Section 4-109.4, Conditional Uses of the OR-1 Office Residential Dis- trict, to provide for the operation of Cab- arets or Restaurants in structures desig- nated as Historically and/or Architec- turally significant, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Se- conded by Council Member King. Car- ried by the following vote: Yeas-Mayor TuIIy, Council Mem- bers King, Wertzberger. Nays-Council Members Brady, Far- rell. 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 King. Carried by the following vote: Yeas - Mayor TuIIy, Council Mem- bers King, Wertzberger. Nays-Council Members Brady, Far- rell. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on June 5, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instruc- ted to publish notice ofthe hearing in the manner required by law. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers King, Wertzberger. Nays-Council Members Brady, Far- rell. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by April 21, 1978 HO'1orable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has reviewed two fi- .".""i< ",,,*'v."""-'. .~-,",,",'''''-,~ 207 Springs Subdivision No.4. The property is located on the east side of John F. Ken. nedy Road south of the Fire Station and north of the current Hillcrest Road alignment in the City of Dubuque, Iowa. The Planning and Zoning Commission has found the plat to be in compliance with the Subdivision Regulations and Zoning Ordinance of the City of Dubu- que, Iowa. The Commission has en- dorsed the final plat as submitted and recommends your favorable considera- tion. RegularSession,May 1.1978 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 King. Carried by the following vote; Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. RESOLUTION NO. 166.78 Resolution Approving the Final Plat of the Subdivision of Blocks 5 & 6 in As. bury Springs Subdivision No.4 in the City of Dubuque, Dubuque County, Iowa WHEREAS, there has been filed with the City Clerk, a plat of THE SUBDIVI- SION OF BLOCKS 5 & 6 IN ASBURY SPRINGS SUBDIVISION NO.4 IN THE CITY OF DUBUQUE, IOWA. by: ASBURY SPRINGS LTD.. a Limited Partnership, PAUL W. POWERS, Gen- eral Partner, and DAVID J. POWERS, General Partner; POWERS LAND COMPANY, a general Partnership, PAUL W. POWERS, a single Partner, DAVID J. POWERS, Partner, and MAUREEN K. POWERS, wife of David J. Powers: and PHILIP A. POWERS and MARTHA F. POWERS, Owners, subject to easements of record and ac- cording to the recorded plats thereof of ASBURY SPRINGS SUBDIVISION NO.4 in the City of Dubuque, Iowa; and WHEREAS, said plat has been exam- ined by the City Planning & Zoning Com- mission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, WHEREAS, upon said plat appear streets to be known as Foothill Road and Hillcrest Road, together with certain public utility easements which the Own- ers, by said plat, have dedicated to the City of Dubuque for the public use for- ever; and tions Contract") with the United States of America (herein called the "Govern- ment") with respect to any "Projects" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and ac- cepted both as to form and substance and the Mayor is hereby authorized and directed to execute said contract in two copies on behalf of the Local Housing Agency and the City Clerk is hereby au- thorized and directed to impress and at- test the official seal of the Local Housing Agency on each such counterpart and to forward said executed counterparts, or any of them, to the Government to- gether with such other documents evi- dencing the approval and authorizing the execution thereof as may be re- quired by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different mean- ing or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolu- tion and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. This Resolution shall take effect immediately, this first day of May, 1978. this ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 4th day of May, 1978. Regular Session,May 1,1978 Passed, approved, and adopted 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members the Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Council Member Farrell moved that a public hearing be held on the Ordinance on June 5, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Council Member W ertzberger. Carried by the following vote 206 Member Wertzberger. Carried by following vote: ATTEST, Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Abstain-Mayor Tully. April 21. 1978 Honorable Mayor and Council Members The City Planning and Zoning Com- mission has reviewed a final plat, sub- mitted by Powers Development Com- pany, for Lots 1, 2, and 3 of Block 6 and Lots 1 and 2 of Block 5, all in Asbury Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members Leo F. Frommel City Clerk it 5/4 Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- April 25, 1978 Honorable Mayor and Council Members The U.S. Department of Housing and Urban Development has forwarded a proposed new Annual Contributions Contract (A CCl for our administration of the Section 8 Existing Housing Pro- gram. This new contract allocates a total annual contribution of $524,820 to operate our Section 8 Existing Housing program for two hundred-ninety-nine units. It is to supersede our previous contract and is effective for five years from the date of its execution. OUf cur- rent contract for two hundred-forty-nine units is to be consolidated into this new contract, together with our additional allocation of fifty units. The additional units are the result of our application for one hundred units approved by the City CjJuncil on February 7,1978. We seek your approval of the revised Annual Contributions Contract. Daniel Dittemore Director of Community Development Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Council Members Brady, Far- rell, King, Wertzberger. Nays - none. Abstain-Mayor Tully. RESOLUTION NO. 165.78 Resolution Authorizing Execution of Annual Contributions Contract WHEREAS the City of Dubuque, Io- wa (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contribu- ger. Nays-none. Yeas-Mayor Tully, CouncilMem- bers Brady, Farrell, King, W ertzberger. Nays - none. presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. ORDINANCE NO. 29-78 AN ORDINANCE OF TilE CITY OF DUBUQUE, IOWA PROVIDING FOR TilE REPEAL OF SECTION 25.190 OF TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, AND DECLAR. ING SAME TO BE NULL AND VOID AND OF NO EFFECT. Section 1. That Section 25-190 afthe Code of Ordinances, City of Dubuque, Iowa, is hereby repealed and declared null and void and of no effect. NOW TIlEREFORE BE IT OR. DAINED BY TilE CITY COUNCIL OF TilE CITY OF DUBUQUE, IOWA, Council Member Farrell moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Wertzberger. Carried by the following vote: ORDINANCE NO. 29.78 AN ORDINANCE OF TilE CITY OF DU. UQUE, IOWA, PROVIDING FOR TilE REPEAL OF SECTION 25.190 OF TilE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT, 209 Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. King, W ertzberger. Nays~none. RESOLUTION NO. 168-76 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 Ciga- rettes and Cigarette Papers within said City. Kay-Way, Inc., 250 West 1st St. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Fr.rrell, King, W ertzberger. Nays - none. Communication of Vanita E. Meyers requesting consideration for the pur- chase of Lot 17 in Mettel's Sub. (Corner of Queen & Clinton), presented and read. Council Member Wertzberger moved that the communication be referred to the City Manager and Staff for inves- tigation and report. Seconded by Coun- cil Member King. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Jamie Rettenmaier of 706 Hennepin St. requesting residen- tial handicapped parking, presented and read. Council Member Wertzberger moved that the communication be refer- red to the City Manager and Human Rights Commissioner Davis. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem.. bers Brady, Farrell, King, Wertzberger. Nays - none. Communication of Klauer Mfg. Co. re- questing that Lot 6 in Block 1 in River Front Sub. No.5 be added to the proper- ty they now have under option with the City, presented and read. Council Mem- ber Wertzberger moved that the com- munication be referred to the City Manager and City Solicitor. Sellonded 1.1978 ReJ?:ularSession,Ma this 1st day Dated at Dubuque, Iowa, May, 1978. ASBURY SPRINGS LTD" A Limited Partnership By: Paul W. Powers, General Partner By: David J. Powers, General Partner POWERS LAND COMPANY, A Partnership By: Paul W. Powers, Partner By: David J. Powers, Partner ers. Dated at Dubuque, Iowa this 1st day of May. 1978. Gilbert D. Chavenelle, City Manager By: Gent Wittenberg Acting City Manager Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. RESOLUTION NO. 167.78 WHEREAS, Applications for beer permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Or- dinances of this City and have filed pro- per bonds; NOW TIlEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the manager be .authorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "C" BEER PERMIT Thomas M. Astgen, Also Sunday Sales, 1101 Rhomberg Ave. Kay-Way Inc., 250 West 1st St. Passed, adopted, and approved this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by ,It ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 166.78 We, the undersigned, ASBURY SPRINGS-LTD., a Limited Partnership, PAUL W. POWERS, General Partner, and DAVID J. POWERS, General Part- ner: and POWERS LAND COMPANY, a Partnership, by PAUL W. POWERS and DAVID J. POWERS, Partners, hav- ing read the terms, and conditions of the foregoing Resolution No. 166-78 and be- ing familiar with the conditions thereof, hereby accept the same and agree to per- form the conditions required therein. of Regular Session, May 1,1978 j. To install in accordance with City Specifications, boulevard street light- ing within 30 days after the comple- tion of the adjacent curb and gutter within any particular section of the proposed Subdivision; and further, provided that said ASBURY SPRINGS LTD.. a Limited Partnership, PAUL W. POWERS, Gen- eral Partner, and DAVID J. POWERS, General Partner; and POWERS LAND COMPANY, a partnership, by PAUL W. POWERS and DAVID J. POWERS. Partners, the developer of said subdivi- sion, secure the performance of the fore, going 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 AS- BURY SPRINGS LTD., a Limited Part- nership, PAUL W. POWERS, General Partner, and DAVID J. POWERS, Gen- eral Partner; and POWERS LAND COMPANY, a partnership by PAUL W. POWERS and DAVID J. POWERS, Partners, as developers of said subdivi- sion 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 ac- ceptance of the dedication and approval of the plat shall not be effective. Passed, adopted, and approved by unanimous recorded roll call this 1st day of May, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members neer; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa; h. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the developer and subdivid- era. ASBURY SPRINGS LTD., a Limited Partnership, PAUL W. POWERS, General Partner, and DAVID J. POWERS, General Part- ner; and POWERS LAND COM- PANY, a partnership, by PAUL W. POWERS and DAVID J. POWERS, Partners; i. To construct said improvements, except sidewalks, prior to May I, 1979, and to construct the sidewalks prior to May I, 1980 -~-_'''''_'~,"''-~,~'"'_'':..A.'' 'R"" ~ 208 -- the streets brought to grade, or paving, sewer, or water installed; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW k Section 1. That the dedications of Foothill Road and Hillcrest Road, to- gether with easements for public util- ities as the same appear upon said plat, be and the same are hereby accepted. Section 2. That the plat of the SUB- DIVISION OF BLOCK 5 & 6 IN AS- BURY SPRINGS SUBDIVISION NO.4 IN THE CITY OF DUBUQUE, lOW A, be and the same is hereby approved and the Mayor and City Clerk are hereby au- thorized and directed to endorse the ap- proval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto at- tached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Foothill Road and Hillcrest Road with bituminous con- crete paving, or with concrete paving with integral curb, all in accordance with City of Dubuque Standard Spec- ifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as re- quired by Ordinances. and where di- rected by the City Engineer and the City Manager; f. To construct all improvements in compliance with any and all appli- cable City of Dubuque Specifications and as approved by the City Engi- ~""'v~- --~'-'''''''"'''~- 211 ler and Carol Miller naming the City of Dubuque as defendant therein and claim- ing damages in the amount of $25,000.00 for each of the plaintiffs. Said action al- leged that on September 10, 1975, plain- tiffs were injured as the result of strik- ing a "deep depression in the street at or near the easterly set" of Chicago North- western tracks that intersect East 7th Street. Plaintiffs claimed total medical expenses in the amount of $768.00 and auto damage in the amount of $761.00. This matter was referred to the City Attorney's office, which has interposed appropriate defenses. An offer of settlement has been made in the amount of $2250.00, with Chicago Northwestern Transportation Company offering to contribute $1125.00 toward such settlement and the City of Dubuque contributing the same amount. It is the recommendation of the City Attorney that said offer of settlement be accepted in view of the fact that should a verdict be given, the City could be liable for damages in the amount of the settle- ment offer. It is recommended that the City Auditor be instructed to draw a warrant payable to Joyce Miller and Carol Miller in the amount of $1125.00 and deliver same to the City Attorney for delivery upon receipt of releases and dismissal of said action with prejudice. Original notice with petition attached is herewith enclosed. R. N. Russo City Attorney Council Member Wertzberger moved that the recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Honorable Mayor & City Council On February 14,1977, Mrs. Elizabeth Maas of 1356 Thomas Place filed claim against the City of Dubuque in an unspe- cified amount claiming personal injuries consisting of a broken upper right arm allegedly occuring on February 8, 1977, as the result of a fall on an icy street on Hillcrest Road. Claimant alleges that there was no sidewalk at said point. This matter was referred to the City Attorney's office which has investigated same and conferred with the claimant and finds that she has incurred medical expenses, including hospital, orthopedic and visiting nurse expenses, in the total amount of $1495.00. Claimant has made an offer of settle- ment in the amount of $200.00, and it is 20,1978 Apri RegularSession,May 1,1978 Seconded by Council Member Farrer Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Planning & Zoning Commission submitting minutes of their meeting of April 19, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. 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 March, 1978, presented and read. Council Mem- ber Wertzberger moved that the com- munication be received and filed. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Communication of Iowa D.E.Q. sub- mitting amended operation permit for Wastewater Treatment Plant, 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Iowa D.E.Q. sub- mitting water main extension permits for Babcock's 2nd Addition and Patricia Ann Subdivision, presented and read. Council Member Wertzberger moved that the communications be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Communication of Planning & Zoning submitting latest supplementary sheets for Zoning Ordinance to Article IV Sec- tion 4-118 ID Institutional District, pre- sented and read. Council Member Werb:- berger moved that the communication be received and filed. Seconded by Coun- cil Member Farrell. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. April 20, 1978 Honorable Mayor & City Council Action was filed in the District Court of Iowa in October of 1975 by Joyce Mil- Regular Session, May 1,1978 spoke to the communication. Council Member Wertzberger moved that the communication be received and filed. Se- conded by C6'uncil Member Farrell. Car- ried by the following vote: Yeas-Mayor Tully. Council Mem- bers Brady,li'arrell, King, Wertzberger. Nays-none. Communication of John H. Rhomberg Realtor, Bisping Realty, indicating an in- terest in several building lots presently owned by the City, presented and read. Council Member Wertzberger moved that the communication be referred to the City Manager for investigation and report. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers BradY"Farrell, King, Wertzberger. Nays-none. Communication of Dubuque Metro- politan Area Transportation Study (DMA TSl submitting minutes of their meeting of March 23, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Housing Commis- sion submitting minutes of their meet- ing of April 11,1978, 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Dubuque Five Flags Center Commission submitting minutes of their meeting of April 18, 1978, presented and read. Council Mem- ber Wertzberger moved that the min- utes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Airport Commis- sion submitting minutes of their meet- ingof April 13, 1978, 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Communication of Housing Commis- sion submitting minutes of their meet- ingof April 18, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. 210 by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Communication of Chamber of Com- merce requesting permission to conduct a fireworks display on behalf of the American Wind Symphony on June 17, 1978, presented and read. Council Mem- ber Brady moved that the request be ap- proved subject to final approval of the City Manager. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Communication of Fire Chief Dunphy advising of receipt of check in the amount of $150., as a memorial to Mary Ellen Hingtgen in appreciation of fine services rendered by the rescue squad along with a request by the donor that the money be used for purchase of equip- ment, which is being done, presented and read. Council Member Wertzberger moved that the communication be re- ceived and filed and letter of "Thanks" be sent to donor. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Communiction of Washington Neigh- borhood Council requesting the com- pletion of the diverter project that was previously initiated by the City Staff by placing the remaining diverter on 17th & Washington Street, presented and read. Council Member Farrell moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. John "Hank" Waltz and Rev. Sig- warth spoke to the communication re- questing Council to follow up on green span idea on Washington Street. Council Member Wertzberger moved that the communication be tabled to the next Council Meeting. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, FarreU;-King, Wertzberger. Nays-none. Communication of -W. 11th St. Neigh- borhood requesting that a repre- sentative of their group appear to pro- mote their neighborhood tour scheduled for May 7th, 1978, presented and read. Mr. Russell Nash and Mr. Bob Fisch ..c,'"""'" .. Regular Session, Ma,y 1,1978 213 Auditor directed to issue proper war- rant. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Petition of Donald T. Sand requesting a refund of $25. on the unexpired portion of Cigarette License No. 1288 discontin- ued business on April 1, 1978, presented and read. Council Member Wertzberger moved that the refund be approved and Ci_ty Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Ridge Motor & Machine (employee group) endorsing the effort of correcting railroad crossing conditions, especially 9th, 11th and 12th Streets, 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of City Manager re- commending denial of petition of Brian J. Colby requesting sale of a portion of McKinley Ave., which should be re- served as an entryway to the platted land in the area, presented and read. Council Member Wertzberger moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Apr 1978 Honorable Mayor & City Council Claim was filed against the City of Du- buque on March 14, 1978, by Delman C. Heffner of 1305 Lincoln A venue claim- ing damages to his motor vehicle in the amount of $213.59 and alleging that said damages occurred on March 13,1978, as the result of striking a hole in Arlington Street. This matter was referred to the City Attorney's office who has conferred with the Street Superintendent who has made an investigation of said matter and reports that Arlington is a brick street and no holes were fouIld in same, but some low spots, and that normal driving speed would not cause the damages al- leged ifthere had been no existing defect in the vehicle. In view of the foregoing, it is the re- commendation of the City Attorney that 21, tween Kaufmann Ave. and Kane St. on April 6, 1978, presented and read. Coun- cil Member W ertzbergermoved 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, Council Mem- bers Brady, Farrell, King. Wertzberger. Nays-none. Notice of Claim of Harry F. Radloff, in the amount of $60.19, for car damages in- curred as the result of driving over a de- fective manhole cover at 2225 Bennett St. on April 4, 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 I<'arrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of H. L. Eichhorn, in the amount of $147.12, for car damages incurred as the result of driving into a chuckhole on J.F.K. Road on April 11, 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Kay Boardman of 91 Burns St., objecting to satisfying a small minority group on Keyway Drive barrels, 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, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Communication of Mrs. R. J. Schmaltz of 1754 VizaJeea Dr. objecting totally against any barricades indicating the minority are being heard more than the majority on Keyway Drive. 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Petition of Julia N. Clark requesting a refund of $633.75 on the unexpired por- tion of Beer-Liquor License No. C-9053-77 discontinued business on March 11, 1978, presented and read. Council Member Wertzberger moved that the refund be approved and City ""-~; ~--""....~~'" Regular Session, May 1.1978 Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Fred A. Hardtke Jr., in the amount of $164.75, for car damage incurred as the result of driving into the area of 17th & Jackson Street on April 5,1978, presented and read. Coun- cil 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of Robert J. Kunkel, as next friend of Patricia Kunkel, a minor, in an undetermined amount for personal injuries received by said minor in a fall on ice, and defective walk. at in- tersection of J enni & Theisen Streets on February 22, 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: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of La Von Mary Tropf, in an estimated amount of $75.47, for car damages incurred as the result of driv- ing into a pot hole on Indian Ridge on April 11, 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: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Suit of John A. Schoen & Riggs Biochemical Corp., in the amount of $27,500., as the result of Schoen strik- ing a depression in an unnamed alley Ely of South Main Street and north of Jones Street, resulting in personal injuries and property damage on October 18, 1977, presented and read. Council Member Wertzberger moved that the Notice of Suit be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: y eas ~ Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays - none. Notice of Claim of Rev. Lyle Wilgen- busch, in the amount of $30., for car damages incurred as the result of strik- ing a chuck hole in Chaney 'Road be- 212 the recommendation of the City Attor- ney that said offer be accepted; and that the City Auditor be instructed to draw warrant payable to the order of Eliza- beth Mass in the amount of $200.00 and transmit same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned herewith. R. N. Russo City Attorney Council Member Wertzberger moved that the recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Marty L. Adkins, in the amount of $122.98, for car damages incurred as the result of striking a chuck- hole at J.F .K. & Carter Roads on April 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: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of Debra Herrig, in the amount of $350., for personal injuries received in a fall on an ice covered street on University Ave., on February 27, 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, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of J. E. Greener, in the amount of $13.28, for car damages incur- red as the result of striking a hole in West 3rd Street east of Cardiff St. on April 22, 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: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of Mrs.Wm. Kenyon, in the amount of $15.45, for tow service charges incurred as the result of car be- ing marooned in the mud in the alley be- tween Grandview Ave. and State St. on April 6, 1978, presented and read. Coun- cil Member Wertzberger moved that the Notice of Claim be referred to' the City ........, ~-_... ---_'...~....,._~""d'v_~'.__, 214 215 g. To maintain the foregoing im" provements for a period of four (4J years from the date of their accep- tance by -the City of Dubuque, Iowa; h. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Developer and Subdi- vider, Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A. Swift, his wife, as Owners; i. To construct said improvements, except sidewalks, prior to July 1, 1980, and to construct the sidewalks prior to April 1, 1982. j. To install in accordance with City Specifications, boulevard street light- ing within 30 days after the comple- tion of the adjacent curb and gutter within any particular section of the proposed Subdivision; Section 3. That in the event Gerald P. Swift and Diane M. Swift, his wife, and Thomas P. Swift and Carole A. Swift, his wife, as Owners of said subdivision shall fail to execute the acceptance and fur- nish 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. ATTEST: Leo F. Frommelt City Clerk PASSED, ADOPTED, AND AP- PROVED by unanimous recorded roll call this 1st day of May, A.D., 1978. eluded in Equestrian Heights Subdivi- sion No.1 in the City of Dubuque, Iowa; and WHEREAS, upon said plat appear streets to be known as Arabian ~rail, Shetland Court, Buckskin Circle, to- gether with certain public utility ease- ments which the Owners, by said plat, have dedicated to the City of Dubuque for the public use forever; and WHEREAS, said plat has been exam- ined by the City Planning & Zoning Com- mission and had its approval endorsed 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, except that street grades have not been established, the streets 'brought to grade, or paving, sewer, or water installed; NOW THEREFORE, IT BE RE- SOLVED BY THE CITY COUNCIL OF TilE CITY OF DUBUQUE, lOW A: Section 1. That the dedications of Arabian Trail, Shetland Court, Buck- skin Circle, together with easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of BLOCKS 5 & 6 IN EQUESTRIAN IlEIGHTS SUB- DIVISION NO.2 IN THE CITY OF DU- BUQUE, lOW A, be and the same is here- by approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the Ci- ty of Dubuque, Iowa, upon said plat, pro- vided the owners of said property herein named, execute their written accep- tance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Arabian Trail, Shetland Court, and Buckskin Circle with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubu- que standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as re- quired by Ordinances, and where di- We, the undersigned Gerald P. Swift rected by the City Engineer and the & Diane M. Swift, his wife; Thomas P. City Manager; Swift & Carole A. Swift, his wife having f. To construct all improvements in read the terms and conditions of the compliance with any and all ap- foregoing Resolution No. 170-78 and be- plicable City of Dubuque Specifiea- ing familiar with the conditions thereof, tions and as approved by the City hereby accept the same and agree to per- Engineer; form the conditions required therein. and further provided that said Gerald P. Swift and Diane M. Swift, his wife; and Thomas P. Swift and Carole A. Swift, his wife, as Owners of said subdivision, se- cure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Thomas Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members A. Tully Jr. ACCEPTANCE OF RESOLUTION NO. 170.78 RegularSession,May 1.1978 Regular Session, May 1.1978 WHEREAS, there has been filed with the City Clerk a plat of Lots 1, 2, and 3 of the Subdivision of Block 4 in Equestrian Heights Subdivision No.1, in the City oC Dubuque, Dubuque County. Iowa, by Owners GERALD P. SWIFT and DI- ANE M. SWIFT, his wife, and THOM- AS P.SWIFT aud CAROLE A. SWIFT. his wife; and WHEREAS, said plat has been exam- ined 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; NOW THEREFORE BElT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the plat of Lots 1. 2, and 3 of the Subdivision of Block 4 in Equestrian Heights Subdivision No. 1, in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. PASSED. ADOPTED, AND AP- PROVED by unanimous roll call this 1st day of May, A.D., 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 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, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 170.78 Resolution Approving the Final Plat of Blocks 5 & 6 In Equestrian Heights Subdivision No.2 in the City of Du- buque, Iowa WHEREAS, there has been filed with the City Clerk a plat of Blocks 5 & 6 in Equestrian Heights Subdivision No.2, to be known as BLOCKS 5 & 6 IN EQUESTRIAN HEIGIlTS SUBDIVI- SION NO.2 IN THE CITY OF DUBU- QUE, IOWA, hy: GERALD P. SWIFT and DIANE M. SWIFT, his wife; and THOMAS P. SWIFT and CAROLE A. SWIFT, his wife, Owners, subject to easements of record and according to the recorded plats thereof of Lot 2 of Lot 2 of St. Mary's Place except that portion in- 3, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has reviewed the fi- nal plat of Blocks 5 and 6 of Equestrian Heights Subdivision No.2 and Block 4 of Equestrian Heights No. 1, in the City of Dubuque, Iowa. Blocks 5 and 6 are locat- ed north of Kane Street, east of Hickory Hill, and Block 4 north of Hickory Hill Subdivision southeast of Carter Road,as depicted on the attached map. In voting their approval of the final plat the Planning and Zoning Commis- sion found it to be in compliance with the Subdivision Regulations and Zoning Or- dinance of the City of Dubuque, Iowa, and in conformance with the approved preliminary plat of the area. The Plan- ning and Zoning Commission recom- mends 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 King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 169.78 Resolution Approving the Plat of Lots 1,2, and 3 of the Subdivision of Block 4 In Equestrian Heights Subdivision No. 1, In the City of Dubuque, Dubuque County, Iowa the claim of Delman C. be denied. Original claim is returned herewith. R. N. Russo City Attorney Council Member Wertzberger moved that the communication be received and recommendation of denial approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Iowa DOT addres- sed to Bill Leglar, dated October 21, 1977, advising that additional alterna- tives are being considered for the pro~ posed Highway #561 facility as would af- fect E. J. Voggenthaler Co., presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Heffner Apr 217 ,..."..,:.... Special Session,May 10,1978 Board of Health BOARD OF IlEALTIl OFFICIAL Special Sesstion, May 10, 1978. Board met at 4:30 P.M. (C.D.T.l Present: Board Members Thomas A Tully Jr., James A. Brady, Carolyn Far- rell, Richard Wertzherger. Absent: Board Member Michael D. King. Board Chairman Tully read the call and stated that service thereof has been duly made and this meeting is called for the purpose of setting a date of hearing relative to an appeal by Robert C. & Don- na J. Andresen on property at2914Jack- son Street and acting upon such other business as may come before the Board. Communication of Building Commis- sioner Feyen requesting a hearing in the case of Robert C. & Donna J. Andresen and George & Anna PemsI on code viola- tions at the property at 2914 Jackson Street, presented and read. Board Mem- ber Wertzberger moved that the com- munication be received and filed and public hearing be set for May 15, 1978 at 7:00 P.M. in the Council Chambers in Ci- ty Hall. Seconded by Board Member Farrell. Carried by the following vote: Yeas-Board Members Brady, Farrell, Tully, Wertzberger. Nays-none. Absent-Board Member King. There being no further business, Board Member Wertzberger moved to adjourn. Seconded by Board Chairman Tully. Carried by the following vote: Yeas - Board Member Brady, Farrel Tully, Wertzberger. Nays-none. Absent-Board Member King. Leo F. Frommelt City Clerk 1978 1978 Board of Health Members Approved Adopted ATTEST: City Clerk -",'Jd.;...A.:., Regular Session,Ma)T 1.1978 Iowa, this 1st day BY: Gerald P. Swift, Owner Diane M. Swift, his wife And: Thomas P. Swift, Owner Carole A. Swift, his wife To: Leo F. Frommelt, City Clerk This is to certify that the security pro- vided by the foregoing RESOL UTION NO. 170-78 has been furnished by the Owners. Dated at Dubuque, Iowa this 22nd day 01 May, 1978. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. There being no further business, Council Member Wertzberger moved to adjourn. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. 1978 1978 Dated at Dubuque, May, 1978. Leo F. Frommelt City Clerk Members Counci 216 01 Approved Adopted ATTEST: City Clerk -~_._''"'''~'~ Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to enter into a Redeveloper Designation Agreement with Harold R. Imos and Donald N. Fisk to secure their participation in the planning and imple- mentation of the redevelopment of Blocks 12, 13, 14 and 17 in Dubuque Downtown Plaza in the City of Dubuque, Iowa. this Seconded by Mayor Pro-Tern Wertz- berger. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. RESOLUTION NO. 171.78 Authorizing Execution of Redeveloper Designation Agreement with Harold R. Imus and Donald M. Fisk WHEREAS, pursuant to Resolution No. 108-78 dated April 3, 1978. and a Notice of Public Hearing published in the Telegraph-Herald, a newpaper of general circulation in the City of Dubu- que, Iowa, on April 6,1978, City Council met on May 15, 1978, at 7:30o'clockP.M., Central Time, in the City Council Cham- bers, City Hall, Dubuque, Iowa, to con- sider the proposal to enter into a Rede- veloper Designation Agreement with Harold R. Imus and Donald N. Fisk for real estate identified as Blocks 12,13,14 and 17 in Dubuque Downtown Plaza in the City of Dubuque, Iowa; and WHEREAS, pursuant to said resolu- tion a copy of the Redeveloper's State- ment for Public Disclosure was placed on file in the office of the City Clerk for public inspection; and WHEREAS, the City of Dnbuque, Io- wa, overruled any and all objections, oral and written, to the proposal to enter into a Redeveloper Designation Agree- ment with Harold R. Imus and Donald N. Fisk; NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution and approval of the Agreement as Amended and that D. Michael King be appointed designee. Se.. conded by Mayor Pro-Tern Wertz- berger. Carried by the following vote: 219 Special Session, May 15,1978 COUNCIL CITY Special Session, May 15,1978 218 Health Passed, adopted, and approved 15th day of May, 1978. Richard Wertzberger Mayor Pro-'fem D. Michael King James E. Brady Carolyn Farrell Council Members OFFICIAL Special Session, May 15, 1978. Council Met at 7:30 P.M. IC.D.T.! Present: Council Members Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Absent: Mayor Tully. Mayor Pro-Tern Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of considering the authorization of the execution of a de- veloper designation contract for certain land in the urban renewal area and ac- ting upon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. Marga- ret Wendel of Grandview United Metho- dist Church. Proclamation proclaiming week of May 21st thru 27th as "Insurance Wo- men's Week" was approved and signed by Mayor Pro-Tern Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider authorization of the ex- ecution of a Developer's Contract be" tween the City and Harold R. Imus & Donald N. Fisk for Urban Renewal Land, presented and read. Council Member Farrell moved that the proof of publica- tion be received and filed. Seconded by Mayor Pro-Tern W ertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Honorable Mayor and Members of City Council The enclosed resolution authorizes the execution of a Development Des- ignation Agreement with Harold R. Im- us and Donald M. Fisk for their par- ticipation in the redevelopment of the re- maining Urban Renewal Project land. The Department of Housing and Ur- ban Development has reviewed the Re- developer's Statement for Public Dis- closure submitted by Messrs. Imus and Fisk, and under date of April 27, the Federal Agency advised that it does not have any objection to them being selected as the developer. A copy of the proposed agreement is also enclosed. We respectfully request your adop- tion of the resolution. Gilbert D. Chavenelle City Manager Council Member Farrell moved that the communication be received and filed. May 9, 1978 1978 1978 Yeas - Board Members Brady, Far- rell, King, Wertzberger. Nays-none. Absent- Board Member Tully. Leo F. Frommelt City Clerk Health Board of City Clerk Approved ATTEST: Adopted Board of BOARD OF IlEALTIl MEETING OFFICIAL Present: Board Members James E. Brady, Carolyn Farrell, D. Michael King, Richard W ertzberger. Board Member Board Member Wertzberger read the call and stated that notice thereof had been duly made and this meeting is called to conduct a hearing in the case of Robert C. and Donna J. Andresen rela- tive tothe property located at 2914 Jack- son Street and acting upon such other business as may come before the Board. Communication of Building Commis- sioner; also communication' from At- torney David C. Marion requesting a hearing for Robert C. Andresen of 2914 Jackson Street on Code violations, pre- sented and read. Building Commissioner Feyen, Hous- ing Inspector French and Health Direc- tor Roth spoke to the communication stating various violations of the Building Code by the Andresens, which have not been completed after receiving notices pertaining to same. Bruce Cow hig of Re- habilitation Program advised that the Andresens quality for partial grant to repair their home. Board Member King moved that the communications be received and filed. Seconded by Board Member Farrell. Carried by the following vote: Yeas-Board Members Brady, Far- rell, King, Wertzberger. Nays-none. Absent-Board Member Tully. Attorney David Marion and Mr. & Mrs. Robert C. Andresen spoke to the Board and requested extension of time. Board Member Farrell moved an ex- tension of 30 days to begin abatem~nt. Seconded by Board Member King. Car- ried by the following vote: A Thomas Special Session, May 15, 1978. Board met at 7:00 P.M. (C.D.T. Absent: Tully Jr. Brady, Far- Tully. There being no further husiness Board Member Brady moved to adjourn. Seconded by Board Member King. Car- ried by the following vote: Yeas-Board Members rell, King, Wertzberger. Nays - none. Absent-Board Member ~, _.~_',.,.,~.~"--<c""'""-". 221 that the signal system at 20th & Central, 14th & 16th & Elm should synchonize limited traffic on 17th St.; Reported no traffic data has been gathered recently on 17th St.; Present contract completed for 17th St. Mayor Pro~Tem Wertzberger moved to accept City Staff recommendation and KEEP 17th Street OPEN. Seconded by Council Member King.'Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Communication of Mrs; Earl Maury 2341 Carter Rd. being against the clos- ing of Keyway Drive entrance, pre~ sented and read. Mayor Pro~Tem Wertz- berger moved that the communication be received and filed and referred to Work Session at Hempstead High School on May 30th. Seconded by Coun- cil Member Farrell. Carried by the fol~ lowing vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Joseph A. & Har- riet J. Ginter 2415 Kaufmann Ave. recognizing a Keyway problem, but it should not be corrected by taking away public freedom, presented and read. Mayor Pro-Tern Wertzberger moved that the communication be received and filedand referred to Work Session at Hempstead High School on May 30th. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Communication of Lester Bechen, 1710 Keyway protesting against any structures being placed, all types of vehicles have a right to use all streets, presented and read. Mayor Pro-Tern Wertzberger moved that the communi- cation be received and filed and referred to Work Session at Hempstead High School on May 30th. Seconded by Coun- cil Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent - Mayor Tully. Communication of Dorothy Bechen 1710 Keyway objecting to any perma- nent structure in Keyway, busy streets is what makes our City, presented and read. Mayor Pro-Tern Wertzberger moved that the communication be re- ceived and filed and referred to Work Session at Hempstead High School on Special Session,May 15,1978 Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Communication of Upholsterer's Union objecting to diverters in the 17th Street Area, presented and read. Coun- cil Member King moved that the com- munication be received and filed. Se- conded by Council Member Brady. Car- ried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Council Member King moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent - Mayor Tully. John J. "Hank" Waltz spoke to the Council as being in favor of the diverters stating the area is 80% Residential-20% Business; Promise made by former Council-diverter would be put in and 17th Street be closed off completely. Bob Sawvell of Washington Neighborhood Council spoke as being in favor of diverters. John J. Waltz presented a drawing of suggestive plan for Peter-Cooper Tot Lot. Council Member Brady moved that the drawing be directed to Staff and Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell. Nays-King. Absent - Mayor Tully. The following voiced objections to diverters at 17th & Washington Streets for various reasons: William Ward of 2092 Clifford St., AI Davis of 1675 Elm St., Frank Grote, President of Dubuque Casket Co., Cliff Less representing Du- buque Packing Co., Frank Hardie Adv., Eugene Otting of 1689 Elm St., Carl Davis, President of Local #150, Donald Deich. representative of Advisory Com- mission, Glenn Candler of 1730 Elm St. and Felix Uelner. Council Member Brady moved to re~ impose the rules. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Pro-Tern Wertzberger. Council Members Brady, Farrell, King. Nays - none. Absent--Mayor Tully. City Staff Members, Public Works Di- rector Murray, City Engineer Koch, Planning & Zoning Director Dittemore spoke to Council being of the opinion Special Session, May 15,1978 presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Pro-Tern WertzbeJ:'ger. Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Wilwert's Harley~ Davidson Sales objecting to installation of any more diverters in the area, pre, sented and read. Council Member King moved that the communication be re- ceived and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Dubuque Casket Co. objecting to 17th Street Diverter and green span, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Ethel Bechen E. 27th St., objecting to diverters on both Key Way and W. 17th Street, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of John Miller, 1955 Washington St., objecting to a proposed diverter at the 17th Street intersection, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Chicago, Milwau- kee, St. Paul & Pacific Railroad objec- ting to the proposed vacation of 17th Street between Elm St. and railroad right of way, presented and read. Coun- cil Member King moved that the com- munication be received and iled Seconded by Council Member Brady Carried by the following vote: 220 Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Communication of Washington N eigh- borhood Council requesting Council to finish diverter project on 17th Street (forward from last meeting), presented and read. Council Member King moved that the communication be received. Se- conded by Council Member Brady. Car- ried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Midway Motor Sales objecting to the diverters at 17th & Washington St., presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Dubuque Packing Co. submitting a formal protest to the proposed closing of 17th Street, pre- sented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Eugene A. Otting d/b/a Dip Tap objecting to diverter and park plan for 17th & Washington, pre- sented and read. Council Member King moved that the communication be re- ceived and filed. . Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Frank Hardie Ad- vertising objecting to diverter and green span for 17th Street, presented and read. Council Member King moved that the communication be received and filed. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Communication of F. H. Uelner Preci- sion Tools and Dies Inc. objecting to a traffic diverter at 17th St. suggesting in- stallation of four ways stops at 17th & Elm and 17th & Washington Streets, .~--""~ 223 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the sale of the hereinabove described real estate own- ed by the City of Dubuque, Iowa, to Michael J. Kruser and Norman Brad- field for the total purchase price of Two Thousand ($2000.00) Dollars be and the same is hereby approved, that no ab- stract of title will be furnished, con- veyance shall be by Quit Claim Deed and the City of Dubuque will reserve unto itself all easements for utilities. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of in- terest in real estate as is by law re- quired. Passed, adopted, and approved this 15th day of May, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution and set June 5, 1978 as date of Public Hearing. Seconded by Mayor Pro-Tern Wertzberger. Car- ried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Proof of Publication, certified to by the publisher, of Notice to Contractors for receipt of proposals for construction of Walsh (Parkway) Street Storm Sew- er, presented and read. Mayor Pro-Tern Wertzberger moved that the proof of publication be received and filed. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays -- none. Absent-Mayor Tully. May 4, 1978 The lowest bid was entered by Tri- State Paving Company of Dubuque, Io- wa. Their bid was 17.79% under the en- gineer's estimate. To the Honorable Mayor and Members of City Councij Pursuant to your instructions, sealed bids were received on May 4, 1978 for the Walsh (Parkway) Street Storm Sew- er. I would recommend that the base bid with alternate number one be awarded S~ecial Session, May 15, 1978 OF, ALSO KNOWN AS TilE "ZONING ORDINANCE AND ZONING MAP OF TilE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PROPERTY AT 800 AUBURN STREET FROM ID INSTITU. TIONAL DISTRICT CLASSIFICATION TO R.2 RESIDENTIAL DISTRICT CLASSIFICATION NOW TIlEREFORE BE IT OR. DAINED BY TilE CITY COUNCIL OF TilE 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 Zoning Map of the City of Dubuque, Iowa" to reclassify herein- after described property from "ID In- stitutional District" classification to "R-:2 Residential District" classifica- tion, to wit: Lot :2 of Lot 7 and Lot :2 of Lot 8 in Reche's Subdivision 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, adopted, and approved this 15th day of May, 1978. Richard Wertzberger Mayor Pro-Tem D. Michael King James E. Brady Carolyn Farrell Council Members Leo F. Fromme City Clerk It 5/18 Council Member Farrell moved final adoption of the Ordinance. Seconded by Mayor Pro-Tem Wertzberger. Carried by the following vote: Yeas-Mayor Pro-Tem Wertzberger, Council Members Brady, Farrel~ King. Nays-none. Absent-Mayor Tully. RESOLUTION NO. 172.78 WHEREAS, the City of Dubuque, is the owners of the following described real estate, to-wit: Lot 590 in Hamm's Addition in the Ci- ty of Dubuque, Iowa, WHEREAS, Michael J. Kruser and Norman Bradfield have made an offer to purchase said real estate: and WHEREAS, the City Council of the City of Dubuque, Iowa has examined said offer to purchase real estate and finds that the sale of same should be ap- proved. ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 18th day of May 1978. SI'Hcial Session,Ma)T 15,1978 McAleece ball fields; Redevelop to ln~ dustrial use 6 square block area between 14th & 16th street from the railroad tracks east; Project a new industrial park along Radford Road. Mr. John White of Shive Hattery & Associates requested privilege to ad- dress the Council and reminded them of a proposed fee change in the compensa- tion section of his proposal to the Coun- cil, presently under consideration. Mayor Pro-Tern Wertzberger moved that the Petition of the Dubuque In- dustrial Site Task Force be referred to the City Manager for investigation and report. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Mr. Vern Schiltz addressed the Coun- cil by making a statement that he is op- posed to an Industrial area between the proposed Freeway and Radford Road, Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ingto rezone property at 800 Auburn St. described as Lot 2 of 7 and Lot 2 of 8 in Reche's Sub. from ID Institutional Dis- trict to R"2 Residential District Classifi- cation, 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 Farrell moved that the proof of publication be received and filed. Seconded by Mayor Pro-tern Wertzber- ger. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays~none. Absent - Mayor Tully. ORDINANCE NO. 30.78 AN ORDINANCE OF TilE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIlERE. OF, ALSO KNOWN AS TilE "ZONING ORDINANCE AND ZONING MAP OF TilE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PROPERTY AT 800 AUBURN STREET FROM 10 INSTITU. TIONAL DISTRICT CLASSIFICATION TO R.2 RESIDENTIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meet- ing of April 17 , 1978, presented for final adoption. ORDINANCE NO. 30.78 AN ORDINANCE OF TilE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIlERE. 222 May 30th. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Dennis Bechen (13 years old) objecting to Keyway diver- ters, presented and read. Mayor Pro- Tern Wertzberger moved that the com- munication be received and filed and referred to the Work Session at Hemp- stead High School on May 30th. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Ethel Bechen of 236 E. 27th St. objecting to blocking off Key~ way Drive, presented and read. Mayor Pro-Tern Wertzberger moved that the communication be received and filed and referred to the Work Session at Hemp- stead High School on May 30th. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Communication of Donna Kerkenbush 656 Levi St. objecting to making Key- way a one way street, presented and read. Mayor Pro-Tern Wertzberger moved that the communication be re- ceived and filed and referred to the Work Session at Hempstead High School on May 30th. Seconded by Coun- cil Member Farrell. Carried by the following vote: Yeas - Mayor Pro- Tem W ertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Petition of Dubuque Industrial Site Task Force requesting feasibility fund- ing for Industrial Parks, P & Z Economic Industrial Development Strategies at- tached and Shive Hattery & Associates Dubuque Industrial Park Proposal at- tached, presented and read. Council Member Farrell moved to sus- pend the rules to let anyone present ad- dress the Council is they so desire. Se- conded by Mayor Pro-Tern Wertzber- ger. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Attorney Dave Clemens representing Allan T. Thoms Chairman of the Mayor's Industrial Development Task Force spoke to the communication presented calling for action to relocate Petrakis & Sl'ecial Session,May 15,1978 224 ~ --''''''-~ 225 COUNCIL OF THE CITY OF DUBU- QUE, lOW A: Section 1. Be it resolved that the City Clerk be and he is hereby authorized and directed to publish in the Dubuque Telegraph Herald, a newspaper of gen- eral circulation within the City, public notice in the form of Exhibit "A" attach- ed hereto and made a part hereof. Passed, adopted, and approved this 15th day of May,1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974, the City of Dubuque submitted an Amendment to the Third Year Com- munity Development Block Grant Agreement. The Application was ac- cepted for processing on May 2. 1978 by the Federal Government. Pursuant to Section 570.300 (b) of the Community Development Block Grant Program, a copy of the Amendment is on file in the office of the City Clerk, City Hall, Dubuque, Iowa. The Application is available for inspection by all interested parties, Monday through Friday be- tween the hours of 8:00 AM to 5:00 PM, Saturdays, Sundays and holidays ex- cluded. Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro- Tem W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. RESOLUTION NO. 175.78 Authorizing Publication of Notlca of Environmental Review Findings for Certain Community Development Block Grant Projects WHEREAS, the City of Dubuque will be entering into Grant Agreement B-78- MC-19-0004 with the U.S. Department of Housing and Urban Development, pro- viding for financial assistance to the City under Title I of the Housing and Com- munity Development Act of 1974; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, environmental reviews have been processed for the projects hereinafter to be described to be fi- Sl'ecialSession,May 15,1978 Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Mayor Pro-Tern Wertzberger moved that a public hearing be held on the Or- dinance on June 5, 1978, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Planning & Zoning Commission recommending approval of plat subdividing Lot 1 of Out Lot 723 and Lot 1 of Roman Catholic Graveyard into Lots 1 thru 6 of Kelly's Bluff AND a RE- SOLUTION Approving plat of Lots 1 thru 6 of Kelly's Bluff in the City of Du- buque, presented and read. Calista Bakey of Emmett St. spoke to the communication complaining of drain- age between 133 & 155 St. Mary's St. Mayor Pro-Tern Wertzberger moved that the communication and resolution be referred to the City Solicitor, En- gineering Department and City Man- ager for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. RESOLUTION NO. 174.78 Authorizing Publication of Notice of Availability for Public Inspection Cer. tain Community Development Block Grant Documents WHEREAS, under date of May 2, 1978, an Amendment to the Third Year Community Development Block Grant Agreement was received by the U.S. De- partment of Housing and Urban Development for processing; and WHEREAS, Section 570.300 (hi of the Community Development Block Grant Program required that reasonable effort shall be made to inform citizens involved in or affected by the local Community Development Program that the Amend- ment has been submitted and is avail- able to interested parties upon request; and WHEREAS, Section 570.906 (c) re- quires that there be public notice of the availability of the Amendment to the Third Year Community Development Block Grant Application for inspection by the public; now therefore BE IT RESOLVED BY THE CITY The City Planning and Zoning Com- mission has held a public hearing on the petition of Mr. Kenneth Beatty re- questing R-1 Residential District classif- ication on his recently annexed property currently classified as AG Agricultural District. The Beatty property at 1515 Miller Road is contiguous to Patricia Anne Subdivision at its southern boun- dary south of Kelly Lane, in the City of Dubuque, Iowa. In reviewing the petition the Commis- sion has found that the R-1 Residential classification is consistent with the general land use plan for property lying south of the proposed Cedar Cross Road alignment, and would permit the peti- tioner to build a single-family residence on the site. The Planning and Zoning Commission has voted to approve the Beatty petition and recommends your concurrence. Yeas - Mayor Pro- Tem W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent - Mayor Tully. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, IowR, 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 recently annexed property at 1555 Miller Road described as Lot 2 of Lot 1 of Lot 2 of Mineral Lot 499 in Table Mound Township from AG Agricultural District Classification to R-l Residential District Classification, presented and read. Mayor Pro-Tern Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the follow- ing vote: ~~_"".-"ii"'."""".~'~,~,,,",,,.~.-.,,,.c- Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Mayor Pro-Tem 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: City Planning And Zoning Commission Daniel Dittemore Director of Community Development Mayor Pro-Tern Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: of Gilbert D. Chavenelle City Manager Mayor Pro-Tern Wertzherger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent ~ Mayor Tully. (Awarding Contract) RESOLUTION NO. 173.78 WHEREAS, sealed proposals have been submitted by contractors for the construction of: Walsh (Parkway) Street Storm Sewer pursuant to Resolution No. 137-78 and notice to bidders published in a newspaper published in said City on April 21, 1978: and WHEREAS, said sealed proposals were opened and read on May 4, 1978, and it has been determined that the bid of Tri-State Paving Company, Division of Dubuque Stone Products of Dubuque, Iowa in the amount of $22,763.05 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions; now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con- tract for the above mentioned improve- ment _be awarded to Tri-State Paving Company, Division of Dubuque Stone Products and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTIlER RESOLVED. that upon the signing of said contract and the approval of the contractors bond the Ci- ty Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved this 15th day of May, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members May 4, 1978 Honorable Mayor and Council Members ATTEST: Leo F. Frommelt City Clerk Mayor Pro-Tern Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. to Tri-State Paving in the amount $22,763.05. 227 ty in "Henschel's Addition" which was recently annexed to the City of Dubuque and classified as AG Agricultural District. The petition further requested Planned Unit Development designation on the abov.e described property and on other parcels _ in "Henschel's Black Forest", all within the City of Dubuque's corporate boundaries. The property is located on either side of the southerly extension of Richard's Road as shown in the shaded pattern on the attached map. The City Planning and Zoning Com- mission has found the request for rezon- ing of the property in "Henschel's Addi- tion" to an R-l Residential District class- ification to be appropriate. The Com- mission has also determined that the Preliminary Development Plan for single-family residential homesites in "Henschel's Addition" and "Henschel's Black Forest" will promote the public welfare, and is in conformance with the standards and regulations of the zoning ordinance. Accordingly, the Planning and Zoning Commission recommends the approval of the request for R-1 Residential Dis- trict classification on the parcel in "Hen- schel's Addition". The Commission fur- ther recommends that the petitioner's Preliminary Development Plan be ap- proved and that the entire property be reclassified from R-1 Residential Dis- trict to R-1 Planned Unit Development District classification. City Planning And Zoning Commission Daniel Dittemore Director of Community Development Council Member Farrell moved that the communication be received and filed. Seconded by Mayor Pro-Tern Wertzber- ger. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. AN ORDINANCE of the City of Duhu- que, Iowa, providing that the Code of Or- dinances, 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 prop- erty in "Henschel's Addition" from AG Agricultural District Classification to R-l Residential District; and further, to establish a Planned Unit Development designation on the aforementioned prop- erty in "Henschel's Addition" and on R-1 Residential District property in "Hen- schel's Black Forest" all in the City of Dubuque, Iowa, presented and read. Council Member Farrell moved that the reading just had be considered the Special Session,May 15,1978 and approve recommendation to furnish $70,000 for City's Share to finance Study. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council. Members Brady, Farrell, King. Nays-none. Absent - Mayor Tully. Communication of Building Commis- sioner submitting an ordinance estab- lishing and requiring fees for a permit to operate multiple dwellings, presented and read. Building Commissioner Feyen spoke to the communication. Merlin Langkamp, 2977 Wildwood Dr., was of opinion it was not fair to ask close to $200. for Inspection Fee. Don Cornish, 2985 Oakcrest and Fred Tippe, 483 Loras Blvd., objected to rates being charged. Attorney Dennis Naughton ques- tioned why not charges for duplexes; Fees Excessive; Questioned State Law - Any tax above permit fee is void; Chapter 413.123 of Code of Iowa pro- vides for maximim fee - $7.50 each unit - 75 cents additional unit. Eric Schulz,1045 W. 3rd St., stated fee is excessive; Renter does not get tax break; Need direction. Council Member Brady moved that the communication of Building Commis- sioner be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. AN ORDINANCE amending Chapter 20 of Article VI of the Code of Ordinan- ces of the City of Dubuque, Iowa estab- lishing and requiring permit fees to op- erate multiple dwelling unit dwellings and the business of owning and oper- ating (3) or more dwelling units in the dwelling or more; defining and classify- ing dwellings and dwelling units, pre- sented and read. Council Member Brady moved that the Ordinance be amended to include duplexes and referred back to the Commission for study with concept of charging lower inspection fee - follow up with a hgiher inspection fee for those that are in need of repair. Second- ed by Council Member King. Carried by the following vote: Yeas - Mayor Pro- Tem W ertzberger, Council Members Brady, Farrell, King. Na.ys-none. Absent-Mayor Tully. May 8, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has held a public hearing on a petition requesting R-1 Res- idential District classification on proper- Special Session,May 15,1978 sures which can be instituted to lessen potential adverse impacts and to enhance the environment. 3. No loss of unique environmental resources. 4. No irreversible development trends. 5. A minimum occurrence of adverse effects that cannot be avoided; and 6. No impacts on properties possess- ing historical, archaeological, arch- itectural or cultural significance. The City of Dubuque has made an En- vironmental Review Record for these Projects, and has placed this record on file in the office of the City Clerk in City Hall, 13th and Central Streets, Dubu- que, Iowa. This environmental record is available for examination and may be copied between 8:00 AM and 5:00 PM daily except Saturdays, Sundays and holidays. No further environmental review of the Projects is proposed to be con- ducted, and the City of Dubuque intends to request the U.S. Department ofHous- ing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of Dubuque until 12:00 Noon, Fri- day, June 2, 1978, addressed to Thomas A. Tully, Jr., Mayor of the City of Dubu- que, City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and published May 16, 1978. Leo F. Frommelt, City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. May 10. 1978 Honorable Mayor and Members of City Council The Dubuque City Council and the Du- buque County Supervisors met May 8, 1978 with the Dubuque Metropolitan Solid Waste Agency. The purpose of this meeting was a request from the Dubu- que Metropolitan Solid Waste Agency for $90,000 to finance further study on the preliminary design, cost and rev- enues for a resource recovery facility. It was suggested that the City furnish $70,000 and the County $20,000. We would ask your approval for the $70,000 City share. Francis A. Murray Public Works Director Council Member Brady moved that the communication be received and filed nanced with Community Development Block Grant Funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con- sideration made a determination that the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, lOW A: Section 1. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding oiNo Signifi- cant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspec- tion. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Comiskey Park Improvements Modernization of the Heating Facil- ities at the Dubuque Girls Club Section 2. That the City of Dubuque hereby declares its intent to adopt a re- solution at its meeting of June 5, 1978, authorizing the submission of a request to the U.S. Department of Housing and Community Development to undertake the projects. Passed, adopted, and approved this 15th day of May, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental pro- cedures for the Community Develop- ment Block Grant Program, the City of Dubuque has prepared a Notice of Find- ing of No Significant Effect on the En- vironment for the Projects identified as follows to be undertaken under Title I of the Housing and. Community Develop- ment Act of 1974. Comiskey Park Improvements Modernization of the Heating Fa- cilities at the Dubuque Girls Club The City of Dubuque has found that these Projects have no significant effect on the environment based on the follow- ing fact; and reasons. 1. Assessment of the nature, magnitude, and duration of any. ad- verse and positive impacts. 2. Consideration ofalternatives to the Project, commitment of resources, known views of local groups, mea- 226 ~~' ~ ,.- ....., ...""""."'*"-.. -:~ ----~;- 229 WHEREAS, there has been filed with the City Clerk a plat of the Subdivision t6 be known as Block 10, Block 11, and Block 12 of "Knob Hill" in the City of Du- buque, Iowa, by John Duggan, Trustee under the "Regina Duggan Trust"; and WHEREAS, upon said plat appear streets to be known as Parkland Hill Drive and Beacon Hill Drive, together with certain public utility easements which the Owner by said plat has dedi- cated to the public forever; and WHEREAS. said plat has been exam- ined by the Dubuque Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been exam- ined by the Dubuque City Council and they find that the same conforms to the statutes and ordinances relating there- to, except that street grades have not been established, the streets brought to grade, or paving, sewer or water in- stalled; NOW THEREFORE BE IT RESOLV- ED BY TilE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A AS FOL- LOWS: Section 1.' That the dedications of Beacon Hill Drive and Parkland Hill Drive. together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Block 10, Block 11, and Block 12 of "Knob Hill" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat, provided the Owner of said proper- ty named herein, execute his written ac- ceptance thereto attached, agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard-surface Park- land Hill Drive and Beacon Hill Drive with Bituminous concrete. or with concrete paving with inte- gral curb, all in accordance with City of Dubuque standard specifi- cations; b. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in' accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and Special Session, May 15,1978 amendment to the adopted budget for the City of Dubuque as to the expendi- ture of certain general revenue sharing funds. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted, and approved this 15th day of May, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution and set June 5, 1978 at 7:30 P.M. in the Council Cham- bers in City Hall as time for Public Hear- ing. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger. Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. 1978 Apr Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has reviewed the final plat submitted by Mr. John Duggan for Lots 1 through 7 of Block 10, Lots 1 through 13 of Block 11 and Lots 1 through 10 of Block 12 all in "Knob Hill" Subdivision. The property is located north of Fremont A venue east of Dug- gan Drive in the City of Dubuque, Iowa. The Planning and Zoning Commission has found the above described final plat to be in conformance with the approved. revised preliminary plat of the area and in conformance with the Subdivision Regulations and the Zoning Ordinance of the City of Dubuque, Iowa. The Com- mission has voted their approval of the final plat and recommends your concur- rence. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Farrell moved that the communication be received and filed. Seconded by Mayor Pro-Tern Wertzber- ger. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger. Council Members Brady, :F'arrell, King. Nays - none. Absent-Mayor Tully. RESOLUTION NO. 178.78 Resolution Approving the Plat of Block 10, Block 11, and Block 12 of "Knob Hill" in the City of DUbuque, Iowa 21, Special Session,May 15,1978 RESOLUTION NO. 176.78 Resolution Directing the City Clerk to Publish Proposed Amendment to the Fiscal Year 1978 Budget and Date of Public Hearing. WHEREAS, an amendment is propos- ed to the Fiscal Year 1978 Budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that a public hearing must be held on such a budget amend- ment. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TilE CITY OF DUBUQUE, lOW A: Section 1. That the City Clerk is hereby authorized and directed to publish the proposed amendment to th-e Fiscal Year 1978 Budget and the date of Public Hearing. Passed, adopted, and approved this 15th day of May, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution and set June 5, 1978 at 7:30 P.M. as date of Public Hear- ing. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. RESOLUTION NO. 177-78 Resolution Authorizing a Public Ilear. ing forthe Expenditure of Certain Gen- eral Revenue Sharing Funds. WHEREAS, it is proposed that the City of Dubuque expend $15.000 of Gen- eral Revenue Sharing Funds towards the salaries of the Five Flags Civic Cen- ter; and WHEREAS, Section 51.15 of the Lo- cal Assistance to State and Local Gov- ernments Act of 1972. as amended, pro- vides that the public hearing require- ments of the Act shall apply to the amendment, revisions or modifications of an adopted budget where a major change is proposed; and WHEREAS, such proposed expendi- ture is such an amendment, revision, or modification of the adopted budget for the City of Dubuque for the fiscal year beginning July 1, 1977. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF TilE CITY OF DUBUQUE, lOW A: Section 1. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearing on an _.~..~.~-~- - -~ The proposed amendment requires a public hearing, and the attached resolu- tions authorize the publication of the no- tices as required by Section 384.16 of the 1977 Code of Iowa and the Federal Reve- nue Sharing Act. Your adoption of the two resolutions is requested. Gilbert D. Chavenelle City Manager Council Member Farrell moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell. King. Nays-none. Absent - Mayor Tully. All items listed have been approved by the City Council during the course of the year or are the result of overruns on various budgeted line items. Honorable Mayor and City Council Attached is a proposed amendment to the Fiscal Year 1978 budget. This amendment is necessary to re- flect new or increased appropriations. Specified for each item is a breakdown of the source of revenue supporting the line item. Items in the cash balance col- umn are being supported by available cash on July 1, 1977. New revenue is rev- enue which was not anticipated when the budget was finalized last spring. 228 first reading of the Ordinance. Seconded by Mayor Pro"Tem Wertzberger. Car- ried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Council Member Farrell moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Pro-Tern Wertzberger. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell. King. Nays-none. Absent - Mayor Tully. Council Member Farrell moved that a public hearing be held on the Ordinance on June 5,1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to pub~ lish notice of the hearing in the manner required by law. Seconded by Mayor Pro.Tem Wertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. May 10, 1978 .;;;.,.,'..'-o;c....""'-. ""~- ...;;.J&. -.~-~ 231 D.B.Q. Inc. (Also Sunday Sales) 4th and Locust St. JoAnn H. Klauer - 1097 Jackson St. RichardH. Tigges - 1701 Asbury Road. Passed, adopted, and approved" this 15th day 01 May, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members 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 Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Mr. Gilbert Chavenelle City Manager Action was filed in the District Court in and for Dubuque County, Iowa, wherein Mary Shively was plaintiff and the City of Dubuque, Iowa was named defendant, being Law No. 40606, and said plaintiff praying for damages against the City in the amount of $12,000.00 for personal injuries alleged- ly suffered as the result of a fall due to an alleged defective public sidewalk. This matter was referred to the City Attorney who interposed appropriate defenses thereto and the matter was tried to the Court and on June 3, 1977, judgment and decree was entered in favor of the plaintiff and plaintiff was awarded judgment in the amount of $6400.00 with court costs in the amount of$37.DO assessed against the City ofDu- buque. This matter was appealed by the City of Dubuque to the Supreme Court of Iowa on June 30, 1977 and on April 28, 1978, the said Supreme Court affirmed the findings of the trial court in Dubuque County. Petition together with copy of the Su- preme Court ruling are attached hereto. R. N. Russo City Attorney Council Member Farrell moved that the comm unication be referred to the City Manager. Seconded by Mayor Pro- Tern Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent - Mayor Tully. Communication of Edgar M. Dempsey May 2, 1978 Special Session,May 15,1978 Dubuque, Iowa, that the Manager be au thorized to cause to be issued to the fol- lowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Resurrection Men's Service Club (Al- so Sunday Sales) - McAleece Field. Evening Optimist Club of Dubuque (Also Sunday Sales) - McAleece Field. Jim J. Jach & Dr. Robert Myers (Also Sunday Sales) - 4th Street Ball Park. CLASS "C" BEER PERMIT Earl Tegeler (Also Sunday Sales) - 2850 Burlington St. Earl Tegeler (Also Sunday Sales) - 620 S. Grandview Ave. Cremer Grocery Company (Also Sun- day Sales) - 731 Rhomberg Ave. Walgreen Co. (Also Sunday Sales) - 555 John F. Kennedy Rd. Beecher Co. Inc. (Also Sunday Sales) - 2399 White Street. Beecher Co. Inc. (Also Sunday Sales) - 1691 Asbury Rd. Passed, adopted, and approved this 15th day 01 May, 1978. Richard Wertzberger Mayor Pro-Tern D."Michael King James E. Brady Carolyn Farrell Council Members 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 Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. RESOLUTION NO. 181.78 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOL V- ED, By the City Council of the City of Dubuque, Iowa, that the Manager be au- thorized to cause to be issued to the fol- lowing named applicants a Liquor Li- cense. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club (Also Sunday Sales) - Randall Place. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bar-X. Inc. (Also Sunday Sales) 2616 Windsor Ave. SpecialSession,May 15,1978 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 Pro-'femW ertzberger, Council Members Brady, Farrell, King. Nays - none. Absent - Mayor Tully. RESOLUTIONS NO. 180.78 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, the premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW TIlEREFORE BE IT RESOLV- ED, By the City Council of the City of where directed by the City Engi 178-78, and being familiar with the condi neer and the City Manager; tions thereof, do hereby accept the same f. To install boulevard street light- and agree to perform the conditions re- ing in accordance with the plans quired thereon. submitted with the plat; Dated at Dubuque, Iowa this 15th day g. To consent to the limitation pro- of May, 1978. hibiting curb cuts or other access John Duggan, Trustee from Fremont A venue to Lots 1 under the through 7 of Block 10 of "Knob "Regina Duggan Trust" Ilill". TO: LEO F. FROMMELT, h. To construct the foregoing iPl- CITY CLERK provements in accordance with This is to certify that the security pro- plans and specifications approved vided by the foregoing Resolution No. by the City Manager, under the 178-78 has been furnished by the owner. inspection of the City Engineer, Dated at Dubuque, Iowa, this - and in a manner approved by the day of , 1978. City Manager; Gilbert D. Chavenelle i. To maintain the foregoing im- City Manager provements for a period of four (4) Council Member Farrell moved adop- years from the date of their accep- tion of the Resolution. Seconded by tance by the City of Dubuque, Mayor Pro-Tern Wertzberger. Carried Iowa; by the following vote: j. To provide the foregoing con- Yeas - Mayor- Pro-Tern W ertzberger, struction and maintenance at the Council Members Brady, Farrell, King. sole expense of the subdivider, Nays-none. John Duggan, Trustee under the Absent-Mayor Tully. "Regina Duggan Trust" as owner; RESOLUTION NO. 179.78 k. To construct said improvements, BE IT RESOLVED by the City Coun- except sidewalks and lighting, cil of the City of Dubuque, Iowa, that the prior to and to con- following having complied with the pro- struct the sidewalks and street visions of law relating to the sale of Cig- lighting prior to _~_; arettes within the City of Dubuque, and further provided that the said John Iowa, be granted a permit to sell Cigar- Duggan, Trustee under the "Regina ettes and Cigarette Papers within said Duggan Trust", as owner of said Subdi- City. vision, secure the performance of the Phillip John Mihalakis and William foregoing conditions by providing secur- Paul Shaffer - 1404 Pine Street. ity in such form and with such surety as Passed, adopted, and approved this may be acceptable to the City Manager. 15th day of May, 1978. Section 3. That in the event John Richard Wertzberger Duggan, Trustee under the "Regina Mayor Pro-Tern Duggan Trust", shall fail to execute the D. Michael King acceptance and furnish the security pro- James E. Brady vided for in Section 2 hereof within 45 Carolyn Farrell days after the date of this Resolution, Council Members the provisions hereof shall be null and void and the acceptance of the dedica- tion and approval of the plat shall not be effective. PASSED, ADOPTED, AND AP- PROVED by recorded roll call this 15th day of May, 1978. Richard Wertzberger Mayor Pro-Tem D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 178-78 I, the undersigned John Duggan, Trustee under the "Regina Duggan Trust", having read the terms and condi- tions of the foregoing Resolution No. 230 be" --_~,~,'-""'.~c",,,.;.~, 233 gard to House File 914, are 27.83% for the Police System and 32.61% for the Fire Retirement System. The following schedule shows the results obtained from the application ofthese rates to the payroll as of July 1,1977. Police Fire 27.83% $318,257 $1,300 $819,557 $454,202 As indicated in the preceding schedule, the dollar amount of contribu- tions are estimates based on the salaries in effect on July 1, 1977. Our calculations assume that salaries will increase, and, therefore, that appropriations will in- crease. Since the appropriations now be- ing budgeted for are to be received in the 1978-1979 fiscal year, it is my recommen- dation that the contributions to be in- cluded in the budget be increased from the dollar amounts shown in this letter. The increased dollar amounts would be those determined by applying the nor- mal rates of contribution to the salaries being budgeted for. The additional normal rate of contri- bution resulting from House File 914 has been determined to be 3.63% for the Police System and 6.21 % for the Fire System. Of these, 1.21% is being con- tributed by the members. This leaves 2.42% for the Police System and 5.00% for the Fire System that will be used for requesting State funds, If these percen- tages are applied to the July I, 1977 payroll figures, the amounts to be paid to the City by the state are: Police $1,388.844 32.61% $452,902 $1,300 Fire $1.143,576 Special Session, May 15, 1978 1. Annualized compensa- tion................. 2. Normal rate ofcontri- bution ............ 3. Estimated normal con- tribution(1)x(2)..... 4.Estlmatedexpenlles. 5. Estimated appropria. tion. this $1,388.844 5.00% $69,442 These amounts represent the differ. ence between what the City would have paid before House File 914 and what the City would have to pay after House File 914. I hereby verify the preceding figures and authorize the use of this letter (and attachments) for purposes of filing a claim with the State of Iowa pursuant to House File 914. Call me if you have any questions about these figures and/or comments. Denis J. Sullivan, F,S.A., J.D. Consulting Actuary May 9, 1978 To the Honorable Mayor City Council and City Manager The trustees of both the Fire and Po- $1.143,576 2.42% $27,675 Annualizedcompen- sation........... Additional rate of contribution .... State payment to Cityequals(l)x(2} 1. 2. s. Passed, adopted, and approved 15th day of May, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Mayor Pro-Tern Wertzberger, Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none, Absent-Mayor Tully. AN ORDINANCE vacating a portion of a 45 foot wide easement over and across Lot 1 of 2 of Byrne's Subdivision in the City of Dubuque, Iowa, presented and read. Council Member Farrell moved that the reading just had be con- sidered the first reading of the Ordi- nance. Seconded by Mayor Pro-1'em Wertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully, Council Member Farrell moved that the rule requiring an Ordinance to be re. ceived and filed at two meetings prior to the meeting when final action is taken; be dispensed with. Seconded by Mayor Pro-Tern W ertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Council Member Farrell moved that a public hearing be held on the Ordinance on June 5,1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Mayor Pro-Tern W ertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. terns Our actuarial valuation as of July 1 1977 indicates that the City's new nor. mal rates of contribution, without re- Special Session, May 15,1978 onded by Council Member Brady. Car- ried by the following vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays--'none. Absent - Mayor Tully. Petition of Chamber of Commerce re" questing permission to conduct a parade on June 15, 1978 as a kick-off for the weekend activities for the Festival of Arts on the Mississippi, presented and read, Council Member Farrell moved that the petition be approved and re- ferred to the City Manager for imple- mentation. Seconded by Council Mem- ber Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Schiltz Develop- ment requesting vacation of an ease- ment abutting Lot 1 of 2 in Byrne's Sub. which was acquired when Pennsylvania Ave, was widened, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Mayor Pro-Tern Wertz- berger. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. RESOLUTION NO. 182.78 Resolution Vacating a Portion of a 45 Foot Wide Easement Over and Across Lot 1 of 2 of Byrne's Subdivision In the City of Dubuque, Iowa. WHEREAS, there has been present- ed to the City Council of the City of Dubuque, Iowa a plat, dated May 15, 1978, prepared by Shive-Hattery and Associates for the vacation of a 40 foot portion of a 45 foot wide easement over and across Lot 1 of2 of Byrne's Addition, and of 2005 Rosedale requesting two hour parking on north side of Rosedale west- erly from A voca extending 90' fronting on his property, presented and read. Council Member Farrell moved that the communication be referred to the City Manager and Traffic Department. Sec- onded by Council Member Brady. Car- ried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully, Communication of Herrig Real Estate indicating an interest in the purchase of Lots 314 & 315 Lennox Addition (corner of Van Buren & DrexeIl, presented and read. Council Member Farrell moved that the communication be referred to the City Manager and Staff. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of City Manager ad- vising of negotiations going on with own- er of Medical Associates Building and wishing to submit a report at this meet- ing, presented and read. Public Works Director Murray pre- sented a verbal report on costs for possi- bilities of renting Medical Associates for housing various governmental bodies now having offices in different parts of town - Planning & Zoning, Community Development, Youth Services, Dock Commission, Human Rights and Health Department. Also presented several uses and cost of demolition of Trenkle Building. Council Member Brady expressed negative feelings about Medical Associ- ates Building. Council Member Farrell found it difficult to respond to verbal re- port. 232 May 2, 1978 Board of Trustees Police and Fire Retirement Systems Dubuque, Iowa 52001 Re: Police and Fire Retirement Sys- WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RESOLV- ED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat dated May 15, 1978 prepared by Shive-Hattery and Associates covering the real estate herein above described, be and the same is hereby approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and in behalf of the City of Du- buque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. ,;f[f:W">J;' Council Member Brady moved that the Public Works Director be instructed to put statement in writing at next Coun- cil Meeting for Council Study. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Dock Commission requesting meeting with the Council to consider goals and objectives; also the possible merging of Dock personnel with the Street Department, presented and read. Council Member Farrell moved that the communication be received and filed and workshop be set for May 31, 1978 after Council briefing session. Sec- 235 On April 28. 1978. Captain Jenaman and myself met with Mr. Kaufman and Mr. Joseph Link to discuss the petition. It appears as if the petitioners' request has been answered satisfactorily. I have sent a note to the petitioners. Gilbert D. Chavenelle City Manager Mayor Pro-Tern Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Proof of Publication. certified to by the Publisher, of List of Receipts and Ex- penditures for month of March, 1978. presented and read. Mayor Pro-Tern Wertzberger moved that the proof of publication be received and filed. Sec- onded by Council Member King. Carried by the following vote: Yeas-:-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Petition of Memorial Day Committee requesting permission to conduct their annual parade on May 29th, 1978, pre- sented and read. Mayor Pro-Tern Wertz- berger moved that the request be ap- proved subject to final approval of the City Manager. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Petition of Donald Sand requesting a refund of $211.25 on unexpired portion of Beer-Liquor License #C-313B, discon- tinued business on April 1, 1978, pre- sented and read. Mayor Pro-Tern Wertz- berger moved that the refund be approv- ed and City Auditor directed to issue proper warrant. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Peter J. Takos sub- mitting his resignation from the Hous- ing Code Revising Committee, present- edand read. Mayor Pro-Tern Wertzber- ger moved that the resignation not be ac- cepted until suitable replacement can be made. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays ~ none. Absent-Mayor Tully. SpecialSession,May 15,1978 Mayor Pro-Tern Wertzberger moved that the minutes be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Five Flags Center Commission submitting minutes of their meeting of May 2, 1978, presented and read. Mayor Pro-Tern Wertzberger moved that the minutes be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent - Mayor Tully. Communication of Community Devel- opment Commission submitting minutes of their meeting of April 18, 1978, pre- sented and read. Mayor Pro-Tern Wertz- berger moved that the minutes be re- ceived and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tem Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Iowa D.E.Q. sub- mitting water main extension permits on Equestrian Heights Subdivision No. 2, Knob Hill-Blocks 10, 11 & 12. and Knob Grove-Blocks 3 & 4, presented and read. Mayor Pro.Tem Wertzberger moved that the communication be re- ceived and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Insurance Depart- ment of Iowa authorizing Merchants Mutual Bonding Co. to transact its ap- propriate business in Iowa to May, 1979, presented and read. Mayor Pro- Tem Wertzberger moved that the communi- cation be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent ~ Mayor Tully. April 28, 1978 Honorable Mayor and City Council I am returning to you the petition in regard to the use of Ungs Street by school buses. On April 6, 197B, Mr. Kauf- man, Director of School Bus Drivers, in- structed the drivers not to use Ungs Street. Special Session,May 15,1978 narrative report describing the various preservation measures that have been adopted and to report on the status of the current proposal in relation to those efforts. In response to that request, we offer the attached report. Daniel Dittemore Director of Community Development Mayor Pro-Tern Wertzberger moved that the communication be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent - Mayor Tully. Communication of Playground & Rec- reation Commission submitting minutes of their meeting of April 10, 1978, pre- sented and read. MayorPro-Tem Wertz- berger moved that the minutes be re- ceived and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Housing Rehabili- tation Program submitting minutes of their meeting of April 25, 1978, present- ed and read. Mayor Pro-Tem Wertzber- ger moved that the minutes be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Citizens Advisory Commission submitting minutes of their meeting of April 25, 1978, presented and read. Mayor Pro-Tern Wertzberger moved that the minutes be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Board of Dock Commissioners submitting minutes of their meeting of March 29, 1978, pre- sented and read.Mayor Pro-Tern Wertz- berger move,d that the minutes be re- ceived and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Communication of Transit Trustee Board submitting minutes of their meet- ingof April 11,1978, presented andread. May 9, 1978 Honorable Mayor and City Council At your meeting of May I, 1978, you considered a recommendation of the Planning and Zoning Commission pro- posing an amendment to the Conditional Use provisions of the OR-l Office-Resi- dential District to include restaurants and cabarets as Conditional Uses that could be established, together with other uses, in structures designated by Council resolution as having historical or architectural significance. In discus- sion of that matter, the City Council noted that zoning controls and other ef- forts undertaken in the interest of his- torical preservation has become com- plex.Staff was requested to present a lice Retirement Systems have reviewed the actuarial assumptions made by the firm of Milliman and Robertson, Inc. Said assumptions were approved by the respective boards and are hereby pre- sented for your acceptance. Gerald Hird, Secretary Fire and Police Retirement Systems City of Dubuque, Iowa Council Member Farrell moved that the communication be received and filed and made a matter of record. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of Auleen C. Eber- hardt indicating a strong protest against the curtailment of bus service in the City, presented and read. Mayor Pro- Tern Wertzberger moved that the com- munication be received and filed, and referred to the Transit Board. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Communication of Planning & Zoning Commission advising that the proposal of Council Member Brady to amend Zon- ing Ordinance to regulate the size oftav- erns and bars will appear at the Commis- sion meeting scheduled for May 17, 1978 presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. -~-"''''''~~'''''''"''''''':'''-;iC' 237 proved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Honorable Mayor and City Council On AprH 7, 1978. claim was filed against the City of Dubuque by Daniel May 4. 1978 Honorable Mayor and City Council Mr. Fred A. Hardtke, Jr. of 511112 Rhomberg A venue filed claim against the City of Dubuque on April 17,1978 in the amount of $164.75, claiming that on April 5, 1978, he damaged the oil pan and tie rod of his auto as the result of striking a hole in the street at 1700 Jackson. This matter was referred to the City Attorney who has made an investigation thereof and finds no liability on the part of the City. Accordingly, it is the recom- mendation of the City Attorney that the claim of Fred A. Hardtke, Jr. be denied. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved that the communication be received and filed and recommendation of denial ap* proved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. May 4, 1978 Honorable Mayor and City Council Albert M. Weber of 2190 Key Way Drive filed claim against the City of Du- buque on May 2, 1978 in the estimated amount of $219.00-$242.00. Claimant al- leges that on April 8, 1978 barrels erect- ed as barricades on Key Way Drive were rolled down the street striking claim- ant's auto and causing damages thereto. This matter was referred to the City Attorney who has made an investigation of same and finds there is no liability or negligence on the part of the City. It is the recommendation of the City Attor- ney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. May 9, 1978 Special Session, May 15,1978 legedly suffered a broken bone and torn ligaments in her ankle as a result. This matter was referred to the City Attorney who has made a review of same and checked the pertinent law con- cerning same, and finds no liability on the part of the City. It is therefore the recommendation of the City Attorney that said claim of Debbie Herrig be de- nied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. May 8, 1978 Honorable Mayor and City Council On January 31, 1978, Christopher J. Green of 939 Mt. Loretta filed claim against the City for damages in the amount of $86.00, claiming damages to his vehicle as the result of striking a large stone in his lane of traffic on January 8, 1978 at 5:45 p.m. at 703 Dodge. Mr. Green alleges he could not go around the stone because there was a car in the adjoining lane, and accordingly he could not evade the stone, otherwise he would have caused an accident. I have examined said claim and have conferred with the City Street Depart- ment, and it is the opinion of the City At- torney's office that such alleged defec- tive condition did not exist for such a length of time as either would give the City actual or constructive notice of said condition. It could have very well been dropped off some vehicle or for some un- explained reason be in the area in which it was which does not necessarily auto- matically make the City liable. The City is liable only for such alleged defective conditions as exist for an unreasonable length of time so that the City either has actual notice or constructive notice of said condition. Considering all of the facts, including the circumstances under the existing law, it is the opinion of this writer that there is no liability on the part of the City of Dubuque and said claim should be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved th<lt the communication be received and filed and recommendation of denial ap- 26. 1978 Special Session,May 15,1978 May 1, 1978 Honorable Mayor and City Council On December 23, 1977, Violet A. Tu- jetsch filed claim against the City of Du- buque for personal injuries allegedly suffered as the result of a fall at the northeast corner of 9th & Main Streets in the City of Dubuque, Iowa, claiming that she slipped on snow and ice in the ,area of the public walk that has been graded down to street level for approach to said curb for handicapped persons, and that as a result of said fall she has suffered very serious personal injuries requiring hospitalization, surgical care and medical attention and that in addi- tion she has suffered substantial loss of earnings. I have made a careful review of this matter and have checked with the Engineering Department, and I am ad- vised that the curb cuts for the handi- capped at said location were done in ac- cordance with and pursuant to stan- dards adopted by the Iowa Department of Transportation; and in addition there- to, my investigation discloses that it had snowed on that date, or the day before. I have made a thorough review of this problem in view of the fact that I con- sider this petitioner, who is a City em- ployee, suffered a severe economic and financial loss; and in an effort to ease her burden, this office has been in communi- cation with the City Manager's office and the Personnel Office, and according- ly, having reviewed the matter and ex- amined the pertinent law, it is the opin- ion of the City Attorney that there is no actual negligence on the part of the City of Dubuque. Accordingly, it is the recommenda- tion of the City Attorney that the claim of Violet A. Tujetsch be denied. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. April 26, 1978 Honorable Mayor and City Council On April 21, 1978, claim was filed against the City of Dubuque, Iowa in the amount of $350.00 by Debbie Herrig of 2599 Pearl Street, this city, and alleging said damages occurred on February 27 as the result of a fall on snow covered ice in the street on University Avenue by Midwest Chemical, and that claimant al- Apri 236 Honorable Mayor and City Council Daniel Naderman of 2250 Jackson Street filed claim against the City ofDu" buque on March 23, 1978 claiming that on March 22, 1978 he struck a series of potholes in the street on 21st Street be- tween White Street and Central A venue and as a result allegedly damaged the front suspension of his motor vehicle and claimed damages in the amount of $160.00. This matter was referred to the City Attorney's office who has made an inves- tigation of same and finds that the City had not had actual or constructive notice of said condition and that the claim for damages appears to have no relationship to the alleged defective condition. It is therefore, the recommendation of the City Attorney that said claim of Daniel Nadermann be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved that the communication be received and filed and recommendation of denial be approved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. April 28, 1978 Honorable Mayor and City Council Claim was filed against the City ofDu- buque, Iowa on October 17, 1977, by Rose G. Placke of 1403112 Lincoln Ave- nue, this City, claiming personal injuries suffered on October 7, 1977 as the result of an alleged fall on Hamilton Street be- tween Rhomberg and Lincoln A venues claiming an alleged low spot in the ground resulting from tree removal. This matter was referred to the City Attorney who has made an investigation of said matter, and finds no liability or negligence on the part of the City. In view of the foregoing it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Council Member Wertzberger moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-'-Mayor Tully. 239 Fitzpatrick as the result of death of reg- istered heifer killed by a fallen tree on Airport property on November 3,1977. presented and read. Mayor Pro-Tern Wertzberger moved that the Original Notice be referred to the City Attorney for investigation and report. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzherger. Council Members Brady, Farrell, King. Nays - none. Absent-Mayor Tully. Public Improvement Lien by Crew- masters Inc., in the amount of $13,312.33 against the general contractor in the construction of Eagle Point Water Treatment Plant, for labor and material furnished, presented and read. Mayor Pro-Tern Wertzberger moved that the Public Improvement Lien be referred to the City Attorney for investigation and report. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Petition of Raymond Leuschner et al (17 signers) requesting street light in 600 block of E. 22nd & Providence, present- ed & read. Mayor Pro-Tern Wertzberger moved that the petition be referred to the City Manager and Electrical Inspec- tor for investigation and report. Second- ed by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Communication of A. Y. McDonald Co. requesting attention to their request to obtain an option agreement for the pur- chase of property in the Fourth Street area, Petrakis Park, presented for dis- cussion. At 11:00 P.M. Mayor Pro-Tern Wertz- berger moved to go into Executive Ses- sion to discuss possible sale of City own- ed property, more particularly for Mc- Donalds; City Attorney requesting course of conduct. News Media, Kilgore of KDTH and Freund of T-H questioned Executive Session. Council Member Brady moved to Ad- journ. MOTION DIED FORA LACK OF ~ECOND. Council Member Farrell seconded the motion to go into Executive Session. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzherger, Council Members Farrell, King. Nays-Council Member Brady. Absent-Mayor Tully. Special Session, May 15,1978 """ -.~-_".""''''''''''_~ "o....~d'"_A'<.\Y 238 Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Notice of Claim of Delbert J. McCul- lough, in the amount of $10.00, for car ex- penses incurred for wrecker service as the result of his car dropping into a cave- in on Stetmore Street on March 19, 1978, presented and read. Mayor Pro-Tern Wertzberger moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Notice of Claim of David Baumann, in the amount of $1805.66 for property damage incurred as the result of a backed-up sewer at 201 Princeton Place on April 23, 1978, presented and read. Mayor Pro-Tern Wertzberger moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Notice of Claim of Albert M.W eber, in the approx. amount of $242.00 for car damages incurred as the result of said car being struck by rolling barrels from the Keyway barricade on April 8, 1978, presented and read. Mayor Pro-Tern Wertzberger moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Notice of Claim of Duane Frick, in an undetermined amount, for personal in- juries received from a fall off a bicycle due to a depression in the street at 3235 Baldwin Drive on April 15, 1978, pre- sented and read. Mayor Pro-Tern Wertz- berger moved that the Notice of Claim be referred to the City Attorney for in- vestigation and report. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent~Mayor Tully. Original Notice, action of money judg- ment, in the amount of $600., for Leo H. Special Session, May 15,1978 a broken windshield and misalignment of the front end. This matter was referred to the City Attorney who has made an investigation of same and finds there is no liability on the part of the City. It is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Pro~Tem Wertzberger moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro" Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Honorable Mayor and City Council John G. Ryan of 1035 Valentine Drive filed claim against the City of Dubuque on April 3, 1978 in an estimated amount of $65.75, claiming said damages occur- red to his motor vehicle on April!, 1978 as the result of striking a pothole on Val- entine Drive, thereby breaking the ball joint on t.he right front wheel of said ve- hicle. This matter was referred to the City Attorney who has made an investigation of same and has conferred with the Street Department and the claimant. Claimant has made an offer of settle- ment in the amount of $65.75. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to John G. Ryan in the amount of $65.75 and trans- mit the same tothe City Attorney for de- livery upon receipt of releases. Original claim is returned herewith. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved that the communication be received and filed and recommendation of settlement and City Auditor be directed to issue proper warrant. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Pro-'I'em Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Petition of Thompson's Food Market requesting refund in the amt. of $50 on unexpired portion of Class "C" Beer Per- mit No. C-4123-77, discontinued business on May 7. 1978, presented and read. Mayor Pro-Tern Wertzberger moved that the refund be granted and City Au- ditor directed to issue proper warrant. May 3, 1978 May 9, 1978 Honorable Mayor and City Council Lowell H. Wolter of 2196 Keyway, filed claim against the City of Dubuque on April 11, 1978 in the estimated amount of $92.39. Claimant alleges that on April 8, 1978 barrels erected as barri- cades on Keyway and Woodland Drive were rolled down the street striking claimant's auto and causing damages thereto. This matter was referred to the City Attorney who has made an investigation of same and finds there is no liability or negligence on the part of the City. It is therefore the recommendation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Wolter of 2196 Key Way in the estimat- ed amount of $87.55. Claimant alleges that on April 4, 1978 barrels erected as barricades at the intersection of Key Way and Woodland Drive were rolled down the street striking claimant's truck and causing damages thereto. This matter was referred to the City Attorney who has made an investigation of same and finds there is no liability or negligence on the part of the City. It is therefore the recommendation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Pro-Tern Wertzberger moved that the communication be received and filed and recommendation of denial ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. May 4. 1978 Claim was filed by H. L. Eichhorn of 2160 Woodland Arms on April 26, 1978, claiming damages in the amount of $147.12 allegedly occuring to his motor vehicle on April 11, 1978 as the result of striking a pot hole on Kennedy Road in front of Roshek Used Car Sales and claiming that said damages consisted of Honorable Mayor and City Council 241 spoke to Council requesting assistance in the water runoff problem in her area. Council Member Wertzberger moved that the City Manager I Staff and City Solicitor be instructed to investigate and report back to Council with possible solution to the water runoff problem on Kelly's Bluff. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers King, Wertzberger. Nays-none. Absent-Council Members Brady, Farrell. RESOLUTION NO. 103.70 A Resolution Approving the Plat of Lots 1 through 6 of Kelly's Bluff in the City of Dubuque, Iowa, DUbuque County, Iowa WHEREAS. there has been filed with the City Clerk a plat of the Subdivision to be known as KELLY'S BLUFF IN THE CITY OF DUBUQUE, IOWA, by: KELLY'S BLUFF PROPERTIES, LTD., Owners, subject to easements of record and according to the recorded plats thereof of Lot 1 of Outlot 723 and Lot 1 of Roman Catholic Grave Yard to be known as Lots 1 through 6 of Kelly's Bluff in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, upon said plat appear streets to be known as KELLY'S BL UFF together with certain public utility easements which the owners, by said plat, have dedicated to the public forever; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval 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, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Kelly's Bluff together with easements for public utilities as the same appear upon said plat, be and the same are here- by accepted; Section 2. That tbe plat of KELLY'S BLUFF IN TilE CITY OF DUBUQUE, lOW A, be and the same is hereby ap- proved and the Mayor and City Clerk- are hereby authorized and directed to endorse the approval of the City of Du- buque, Iowa, upon said plat, provided the owners of said property herein named, execute their written accep- tance hereto attached agreeing: Special Session,May 24,1978 COUNCIL OFFICIAL Special Session, May 24, 1978. Council met at 4:30 P.M. (C.D.T.) Present - Mayor Tully, Council Members King, Wertzberger. City Man- ager Gilbert D. Chavenelle. Absent - Council Members Brady, Farrell. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called to CONSIDER APPROVAL OF A FINAL PLAT SUB- DIVIDING LOT 1 OF OUTLOT 723 AND LOT 1 OF ROMAN CATHOLIC GRAVEYARD INTO LOTS 1 THROUGH 6 OF KELLY'S BLUFF and acting upon such other business as may properly come before a regular meeting of the Council. 3, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has reviewed a final plat subdividing Lot 1 of Outlot 723 and Lot 1 of Roman Catholic Graveyard into Lots 1 through 6 of Kelly's Bluff. The property is located south of West Third Street east of Cardiff Street in the City of Dubuque, Iowa, as shown on the at- tached map. The Planning and Zoning Commission has found the plat to be in conformance with the approved preliminary plat of the area, noting that Lot 6 as shown on the plat is not of sufficient size to be de- veloped under the R-4 classification. The Planning and Zoning Commission has voted to approve the plat and recom- mends your concurrence. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Wertzherger moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem. bers King, Wertzberger. Nays - none. Absent-Council Members Brady, Farrell. Council Member Wertzberger moved to suspend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Council Member King. Car- ried by the following vote: Yeas-Mayor Tully, Counc: bers King, Wertzberger. Nays-none. Absent-Council Members Farrell. Calista Mem- Brady, St. Emmett Apri 451 Bakey of CITY li ",," --... ~._'~~,,~....;""".~.Ki..'_ Special Session, May 15,1978 COUNCIL RECONVENED IN REG- ULAR SESSION AT 11:22 P.M. Mayor Pro-Tern Wertzberger moved that the City be instructed to explore all possibilities of acquiring six acres of ground to A.Y. McDonald in the 4th Street Area. Seconded by Council Mem- ber King. Carried by the following vote: Yeas-Mayor Pro-Tem Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. There being no further business, Ma- yor Pro-Tern Wertzberger moved to ad- journ. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Absent-Mayor Tully. Leo F. Frommelt City Clerk 1978 1978 Members Counci ATTEST: City Clerk Approved Adopted 240 243 Special Session,May24,1978 Approved .......... 1978 Adopted. .......... 1978 - - - - ~-- Council Members ATTEST: City Clerk S ~ecial Session, May 24,1978 tion and approval of the plat shall not be effective. PASSED, ADOPTED, AND AP- PROVED by recorded roll call this 24th day 01 May, 1978. ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 183-78 We, the undersigned. Kelly's Bluff Properties, LTD.. having read the terms and conditions of the foregoing Resolu- tion No. 183-78 and being familiar with the conditions thereof, hereby accept the same and agree to perform the eon- ditions required therein. Dated at Dubuque, Iowa, this 16th day of March, 1978. By: W. A. Norman, President Gilbert D. Chavenelle City Manager Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers King, Wertzberger. Nays-none. Absent-Council Members Brady, Farrell. There being no further business, Council Member Wertzberger moved to adjourn. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor. Tully, Council Mem- bers King, Wertzberger. Nays - none. Absent-Counc Farrell. This is to certify that the security pro- vided by the foregoing RESOLUTION NO. 183-78 has been furnished by the Owners. Dated at Dubuque, Iowa this 30th day 01 May,1978. Brady, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Council Members Leo F. Frommelt City Clerk Members KELLY'S BLUFF PROPERTIES. LTD. By: Wesley W. Heitzman, Secretary TO: LEO F. FROMMELT, CITY CLERK To install storm sewers and catch- basins in accordance with plans submitted with the plat; To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; To construct all improvements in compliance with any and all appli- cable City of Dubuque Specifica- tions and as approved by the City Engineer; To maintain the foregoing im- provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa; To provide the foregoing con- struction and maintenance at the sole expense of the Developer and Subdivider, Kelly's Bluff Proper- ties, LTD, as owners To install in accordance with City Specifications, boulevard street lighting within 30 days after the completion of the adjacent curb and gutter within any particular section of the proposed subdivi- sion and further provided that said Kelly's Bluff Properties, LTD., 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. To reduce all streets to grade and to construct concrete curb and gutter and to hard-surface Kelly's Bluff with bituminous concrete, or with concrete paving with inte- gral curb, all in accordance with City of Dubuque standard specifi- cations; To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat; To install water mains and water service laterals in accordance with plans submitted with the plat: Section 3. That in the event Kelly's Bluff Properties, LTD., as owners of said Subdivision shall fail to execute the ac- ceptance and furnish the security pro- vided 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 dedica- To construct said improvements except sidewalks, prior to June 1 1979, and to construct the side walks prior to June 1, 1980,; 242 g. j. h. h. d. e. a. c. I. 245 TO ARTICLE IV, SECTION 4.109.4, CONDITIONAL USES OF TilE OR.1 OFFICE.RESIDENTlAL DISTRICT, TO PROVIDE FOR TilE OPERATION OF CABARETS OR RESTAURANTS IN STRUCTURES DESIGNATED AS illS. TORI CALL Y AND/OR ARCIlITEC. TURALLY SIGNIFICANT, said Ordinance having been previously presented and read at the Council Meet- ing of May 1, 1978. presented for final adoption. ORDINANCE NO. 31-78 AN ORDINANCE OF TilE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT TilE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIlERE. OF, ALSO KNOWN AS TilE "ZONING ORDINANCE AND ZONING MAP OF TilE CITY OF DUBUQUE, IOWA," BY ENACTING A NEW SUBSECTION 4 TO ARTICLE IV, SECTION 4.109.4, CONDITIONAL USES OF TilE OR.1 OFFICE.RESIDENTIAL DISTRICT, TO PROVIDE FOR TilE OPERATION OF CABARETS OR RESTAURANTS IN STRUCTURES DESIGNATED AS illS. TORICALLY AND/OR ARCIlITEC. TURALLY SIGNIFICANT NOW TIlEREFORE BE IT OR. DAINED BY TilE CITY COUNCIL OF TilE CITY OF DUBUQUE,IOWA: Section 1. That the Code of Ordinan- ces of the City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa ", to enact anew subsection.f toAr- tide IV, Section 4-109.4, Conditional Us- es of the OR-l Office-Residential Dis- trict, as follows: "ARTICLE IV RESIDENTIAL DISTRICT REGULATIONS S.ctlon4.1090R.10FFICE.RESIDEN. TIAL DISTRICT 4.109.4 Conditional Us.s 4) Cabarets or restaurants in struc- tures or areas which have been des- ignated by the Dubuque City Council as historically or architecturally significant, after public hearing and consultation with the State Histori- cal Preservation Offices and Dubu- que County HistoricalSociety. A con- ditional Use Permit for such uses may be granted by the Board of Ad. justment only onfinding that the pro. posed use, any change, alteration or modification of the external ap- perance of the building, improve- ment, or property, the numberofper- sons or employees on the premises, and other operational aspects of the proposal are compatible with the in- tended historical or architectural character of the area. " Regular Session, June 5, 1978 CITY OFFICIAL Regular Session, June 5, 1978. Council met at 7:30 P.M. IC.D.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 a-nd this is the regular meeting of the Ci- ty Council called for the purpose of ac- ting upon such business as may properly come before the meeting. Invocation was given by Rev. Robert Caldwell, Pastor of Summit Congre- gational Church. Proclamations proclaiming month of June, 1978 as "Burglary Prevention Month" and month of June as "Recrea- tion and Parks Month" were read, ap- proved and signed by Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear. ing to amend the Zoning Ordinance by enacting a new subsection 4 to Article IV Section 4-109.4 conditional uses of the OR-1 Office Residential District to pro- vide for the operation of cabarets or rest- aurants, in structures designated as his- torically and/or architecturally signifi- cant, presented and read. No written ob. jections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. 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, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Wayne Norman spoke on behalf of the Ryan House; Creating a garden area for customers waiting for service; Intend to add on south side of building. 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, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. ORDINANCE NO. 31-78 AN ORDINANCE OF TilE CITY OF DU. BUQUE, IOWA, PROVIDING TIlAT 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 TilE CITY OF DUBUQUE, IOWA", BY ENACTING A NEW SUBSECTION 4 COUNCIL -~-""'.""""""""'~~ ,.?d...~'>~" . 244 SpecialSession,May 31,1978 - - CITY COUNCIL OFFICIAL Special Session, May 31, 1978. Council met at 4:30 P.M. IC.D.T.). Present - Council Members Farrel King, Wertzberger. City Manager Gi bert D. Chavenelle. Absent - Mayor Tully, Council Mem- ber Brady. Mayor Pro-Tem Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called to consider application for trans" ler-of abeer permit for Dubuque Jaycees and acting upon such other business as may properly come before a regular meeting of the Council. An application for transfer of Beer Permit by the Dubuque Jaycees from their present location at 10231/2 Main St. to 7th and Town Clock Plaza for June 2nd and 3rd, presented and read. Mayor Pro-Tern Wertzberger moved approval of the application. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Farrell, King. Nays-none. Absent-Mayor Tully, Council Mem- ber Brady. There being no further business Council Member Farrell moved to ad. journ. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Farrell, King. Nays-none. Absent-Mayor Tully, Council Mem- ber Brady. 1978 1978 Leo F. Frommelt City Clerk Members Counc Approved Adopted ATTEST: City Clerk