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1978 August Council Proceedings 359 REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR. DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PROPERTY HERE. INAFTER DESCRIBED IN LOT 1 AND LOT 3 OF LOT 1 OF BLOCK 4 IN "WESTCHESTER SUBDIVISION" IN THE CITYOF DUBUQUE, IOWA FROM OR.1 OFFICE.RESIDENTIAL DIS. TRICT CLASSIFICATION TO R.4 RESIDENTIAL DISTRICT CLASSIF. ICA TlON. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances,althe City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the ''Zoning Or- dinance and Zoning Map althe City of Dubuque, Iowa ': to reclassify herein- after described property from "OR-1 Office-Residential District" classif- ication to "R-4 Residential District" classification, to wit: the Easterly 200 feet altke southerly 150 feet of Lot 1 of Lot 2 of Block 4,- and the easterly 50 feet olLot::l of Lot ;2 of Block -4 all in "Westchester Sub. division" in the City of Dubuque, Iowa. Section 2. That thejoregoingamend- ment has theretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 7th day of August, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph HeraldNewspaper this 10th day of Aug- ust 1978. It 8/10 Leo F. Frommelt City Clerk Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the fOllouJing vote: Yeas-Mayor Tully, CouncilMembers Brady, Farrell, King. Nays - None. Absent - Counci, Wertzber- ger. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance by reclassifying Lots 1,2, 3, 4 and 5 of Block 1 in Patricia Ann Acres Sub. from R-4 to R-2 Residential District Classification, Regular Session, August 7,1978 Member CITY COUNCIL OFFICIAL Regular Session, August 7, 1978. Council met at 7:30 o'clock P.M. (D.S.T.) Present - Mayor Tully, Council Mem- bers Brady, Farrell, King. City Manager Gilbert D. Chavenelle. Absent - Council Member Wertzberger. Mayor Tully read the call and stated that service thereof has been duly made and this is the regular monthly meeting called for the purpose of acting upon such business as may properly come be- fore the meeting. Invocation was given by Rev. Thomas Keating, Pastor of Holy Ghost Church. Proof of Publication, certified to by- the Publisher, of Notice of Public Hear- ing to amend Zoning Ordinance No. 32- 75 Appendix "A" by reclassifying the Ely 200' of the Sly 150' of Lot 1 of 2 of Block 4; and the Ely 50' of Lot 3 of Lot 2 of Block 4 in Westchester Sub. from OR.! Office Residential to R-4 Residen. tial District Classification, presented and read. No wI'itten objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried the following vote: Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays - None. Absent - Counci Members Wertzber- ger. ORDINANCE NO. 45.78 AN ORDINANCE OFTHE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PROPERTY HERE. INAFTER DESCRIBED IN LOT 1 AND LOT 3 OF LOT 1 OF BLOCK 4 IN "WESTCHESTER SUBDIVISION" IN THE CITY OF DUBUQUE, IOWA, FROM OR.1 OFFICE. RESIDENTIAL DISTRICT CLASSIFICATION TO R.4 RESIDENTIAL DISTRICT CLASSIF. ICATION, said Ordinance having been previously presented and read at the Council Meet- ing of July 3, 1978, presented for final adoption. ORDINANCE NO. 45.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY Member 358 Special Session,J uly 17,1978 - Yeas-Mayor Tully, Council Mem~ bers Brady, Farrell, King, W ertzberger. Nays-None. Leo F. Frommelt City Clerk Approved. . . . . .. . . . .. .. . . . . .... 1978 Adopted.. .. .. . . . .. . . , . . .. .. . .. 1978 Council Members ATTEST: City Clerk -~,,~ -~""'''''>'!l~'^~ 361 Absent - Council Member Wertzber- ger. July 24, 1978 Honorable Mayor and Council Members RE: REZONING REQUEST - BEECH ER PROP. - 2369 WHITE ST. The City of Dubuque Planning and Zoning Commission has reviewed the petition of the Beecher Company, Inc.. requesting inclusion of their property at 2369 White Street, in the City of Dubu- que, Iowa, in a C-2 Local Business Com- mercial District classification. The 33' x 80' parcel, which is currently classified as R-4 Residential District. is depicted on the attached vicinity map. In their review of the petition. the Planning and Zoning Commission has found that there is a residential struc- ture and private garage on the site which, if the request is granted, the peti- tioner intends to demolish so that a new storage building may be constructed to accommodate storage needs of the abut- ting beverage store. The Commission also found that neighborh"ood to be predominantly residential in character and determined that reclassification of this property would be contrary to the strategy underlying the current zoning map for the area. This strategy seeks to contain commercial development to ma- jor arterial streets and limit encroach- ment of those uses into residential neighborhoods. Accordingly, the Planning and Zoning Commission has voted to deny the re- quest and recommends your concur- rence in that decision. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Council Member King moved that the communication be received and filed. Se. conded by Council Member Brady. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Council Member Brady moved tosuspend the rules to let anyone present address the Council ifthey so desire. Seconded by Coun- cil Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Bob Beecher and Betty Beecher spoke to the communication and stated they need more space to recycle when the new State Law goes into effect. Regular Session, August 7, 1978 one present at the public hearing to speak in opposition to the proposal. The Planning and Zoning Commission has voted to approve the reclassification of the subject properties from R3 Res- idential District to R-2 Residential Dis- trict classification and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Council Member Brady moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. AN ORDlN ANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying properties in the Mount Loretta-Tressa Street Neighbor- hood from R-3 Residential District Classification to R-2 Residential District Classification, presented and read. Council Member Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Counci Wertzber- ger. Council Member Brady 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 Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays - None. Absent - Counci Wertzber- Member ger. Council Memher Brady moved that a public hearing be held on the Ordinance on September 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 publich notice of the hearing in the man- ner required by law. Seconded by Coun- cil Member Farrell. Carried by the fol lowing vote: Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays - None. Members Members Member Members Wertzber- . July 19, 1978 Honorable Mayor and Council Members RE:REZONINGREQUEST ~ MT.LO- RETTA - TRESSA STREET NEIGH- BORHOOD The City of Dubuque Planning and Zoning Commission has held a public hearing on a petition submitted by 26 residents of the Mount Loretta-Tressa Street neighborhood to reclassify their properties from R-3 Residential District to R-2 Residential District classification. The subject properties lie in an area gen- erally boundedby Mount Loretta on the north, River Ridge on the west and by the bluff area overlooking Southern A venue on the south and east, all in the City of Dubuque, Iowa, as depicted on the attached vicinity map. In reviewing this request the Commis- sion found that the reclassification ro- quest was prompted by the concerns of area residents that vacant parcels in the neighborhood would be developed in multi-family units..and would . generate additional traffic through the single- family residential area. The Commission determined that the R-3Residential Dis- trict classification which was applied to the area in 1975. was a response to the land-use survey, which preceded the adoption of the new Zoning Map, that had shown a trend toward conversion of older homes in the neighborhood to two- family usage, but that current land-use surveys have. shown a. stabilization of single~family use with no further conver- sions to duplex usage and no new con- struction of multiple units. There was no Regular Session, August 7, 1978 the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 7th day of August. 1978. Thomas A. Tully Jr. Mayor D. MichaelKing .]ame:~ Ii:. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of A ug- ust, 1.978. Council Member Farrell m01Jed final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Counc' Brady, Farrel~ King. Nays - None. A b.~ent " Counc' ger. Leo F. Frommel City Cleric Member 360 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 Farrell moved that the proof of publication be received and filed. Se- conded by Council Member Brady. Car- ried by:the following vote: Yeas. Mayor Tully; Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. ORDINANCE NO. 46.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PROPERTY IN "PATRICIA ANN ACRES SUB. DIVISION" IN THE CITY OF DUBU. QUE, IOWA FROM R.4 RESIDENTIAL DISTRICT CLASSIFICATION TO R.2 RESIDENTIAL DISTRICT CLASSIFI. CATION, said Ordinance having been previously presented B:nd read at the Council Meet- ing of July 3, 1978, presented for final adoption. ORDINANCE NO. 46.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PROPERTY HERE. INAFTER DESCRIBED IN "PATRICIA ANN ACRES SUBDIVISION" IN THE CITY OF DUBUQUE, IOWA FROM R.4 RESIDENTIAL DISTRICT CLASSIF. ICATlON TO R.2 RESIDENTIAL DISTRICT CLASSIFICATION. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" to reclassify herein- after described property from "R-4 Residential District" classification to "R-2 Residential District" classifica- tion, to wit: Lots t 2, 3, 4, and 5 of Block 1 in Patricia Ann Acres Subdivision in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has here tofore been approved by 363 WHEREAS, all interested parties have been given an opportunity to be heard and all objectionswhichhave been duly weighed and considered; now, therefore 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 - Council Members Brady, Far- rell, King. Nays. None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. (Ordering Construction) RESOLUTION NO. 269.78 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 262-78 which was duly passed by this Council for the construc- tion of the Comiskey Park Parking Lot be and the same are 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 that the cost and expense of the said improve- ment be paid from the Community De- velopment Funds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. BE IT FURTHER RESOLVED hy the City Council of the City of Dubuque, that all objections which have been made and filed to the 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 heretofore approved are hereby adopt- ed. 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 7th day 01 August, 1978. D. Michael King James E. Brady Carolyn Farrell Council Members Regular Session, Aug:ust 7, 1978 tioned improvement, and unless proper- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waiv- ed all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid by Community Devel- opment Funds. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of July,1978. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 7th day of August, 1978. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved final adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber. ger. Decision of Council upon object. Ions to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 268.78 WHEREAS, proposed plans and spe- cifications and form of contract for the construction of Comiskey Park Parking Lot have been approved by the City Council of the City of Dubuque and pub- lic notice given as provided by Section 384 of the Code of Iowa, 1978 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improve- ments, said time being this 7th day of August, 1978; and WHEREAS, the City Council met in regular session this 7th day of August, 1978, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and consjdering 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 Regular Session, August 7, 1978 Section 1. That the Code ofOrdinanc- es of the City of Dubuque, Iowa be amended by repealing the definition of legal age as set out in Section 5-2 of Arti- cle Iof Chapter 5 of said code and enact- ing a new definition in lieu thereof of le gal age as follows: Sec. 5.2. Definitions. "Legal age shall mean 19 years of age or more. " Passed, adopted, and approved this 7th day of August, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald this 10th day of August 1978. Leo F. Frommelt City Clerk 11 8/10 Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, CouncilMembers Brady, Farren King. Nays - None. Absent - Council Member Wertzber- ger. Proof of Publication, certified to by the Publisher, of Notice of Pendency hearing on plans, specs., etc. for con- struction of Comiskey Parking Lot, pre- sented and read. Council Member Far- rell moved that the proof of publication be received and filed. Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. (Necessity for Improvement1 RESOLUTION NO. 262.78 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 City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the construction of Com- iskey Park Parking Lot. 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- Wertzber- (OFFICIAL PUBLICATION) ORDINANCE NO. 47-78 AN ORDINANCE OF THE CITY OF DU. BUQUE,IOWA PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA BE AMENDED BY RE. PEALING THE DEFINITION OF LEGAL AGE AS SET OUT IN SECTION 5.2 OF ARTICLE I THEREOF AND EN. ACTING A NEW DEFINITION OF LE. GAL AGE WHICH SHALL HEREAF. TER BE 19 YEARS OF AGE OR MORE. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Wertzber- ger. ORDINANCE NO. 47.78 AN ORDINANCE OF THE CITY OF DU. BUQUE,IOWA PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA BE AMENDED BY RE. PEALING THE DEFINITION OF LE. GAL AGE AS SET OUT IN SECTION 5.2 OF ARTICLE I THEREOF AND ENACT. ING A NEW DEFINITION OF LEGAL AGE WHICH SHALL HEREAFTER BE 19 YEARS OF AGE OR MORE, presented.and read. Council Member Farrell moved that the reading just had be considered the first readingoftheOrdinance. Seconded by Coun- cil Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Council Member Farrell moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meet- ingwhen final action is taken, be dispensed with. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Councr ger. 362 AN ORDINANCE olthe City oIDuhuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by re- vising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque" by reclassifying prop- erty at 2369 White Street from R-4 Residen- tial District Classification to C-2 Local Ser- vice Commercial District Classification, presented and read. Council Member King moved that the Or- dinance be referred to the Planning & Zon- ing,Commission. Seconded by Council Mem- ber Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Counc' Member Member said time being this 7th day of August, 1978: and WHEREAS, the City Council met in regular session this 7th day of August, 1978. at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to 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 RESOINED by the City Coun- cil of the City of Dubuque, that allobjec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein describ- ed 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 7th day of August, 1978. 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 - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. 365 Regular Session, August 7,1978 (Ordering Construction) RESOLUTION NO. 272.78 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 259-78 which was duly passed by this Council for the construc- tion of the Pedestrian Curb Ramps be and the same are 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. and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the construction of Ped- estrian Curb Ramps. 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 consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the costs of the improve- ment, they shall be deemed to have waiv- ed all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid by Community Devel- opment Funds. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of July, 1978. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 7th day of August, 1978. Regular Session, August 7. 1978 newspaperpublished in said City on Ju- ly 20, 1978; and WHEREAS, said sealed proposals were opened and read on August 1, 1978, and it has been determined that the bid of Tri-State Paving, Division of Dubuque Stone Products Company of Dubuque, Iowa in the amount of $8,375.30 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifi- cations; now therefore, BE IT RESOLVED by the City 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 Co. and the Manager be and he is hereby di- rected 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. City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of August, 1978. D. Michael King James E. Brady Carolyn Farrell Council Members this 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 - Council Members Brady, Far- rell, King. Nays ~ None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. Proof of Publication, certified to by the Publisher, of Notice to Contractors of Receipt of proposal for construction of Comiskey Park Parking Lot, presented and read. Council Member Farrell mov- ed that the proof of publication be receiv- ed and filed. Seconded by Council Mem- ber Brady. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. 364 Passed; adopted, and approved 7th day of August, 1978. D. Michael King James E. Brady Carolyn Farrell Council Members D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved final adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. Decision of Council upon obJec- tions to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 271.78 WHEREAS, proposed plans and spe- cifications and form of contract for the construction of Pedestrian Curb Ramps have been approved by the City Council of the City of Dubuque and public notice given as provided by Section 384 of the Code @fIowa, 1978, 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, 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 - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member ger. Proof of Publication, certified to by the Publisher, of Notice of Hearing on pendency on Resolution of Necessity for construction of Pedestrian Curb Ramps, presented and read. Council Member Farrell moved that the proof of publica- tion be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber ger. (Necessity for Improvement) RESOLUTION NO. 259.78 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, Wertzber- To the Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m., D.S.T.. Tuesday, August 1, 1978 for the Comiskey Park Parking Lot. The lowest bid was entered by Tri- State Paving, Division of Dubuque Stone Products Company, Dubuque, Iowa. The bid was $8,375.30 which is 13.57% below the Engineer's Estimate. I recommend that the contract be awarded to Tri-State Paving. Gilbert D. Chavenelle City Manager 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. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. (Awarding Contract) RESOLUTION NO. 270.78 WHEREAS, sealed proposals have been submitted by contractors for the construction of Comiskey Park Parking Lot pursuant to Resolution No. 264-78 and notice to bidders published in a August 1, 1978 ..-;!' ~ -.~--""''''''~.~ Regular Session, August 7,1978 (Awarding Contract) RESOLUTION NO. 273.78 WHEREAS, sealed proposals have been submitted by contractors for the construction of Pedestrian Curb Ramps pursuant to Resolution No. 261-78 and notice to bidders published in a newspa_ per published in said City on July 20, 1978: and ATTEST: Leo F. Frommelt City Clerk WHEREAS, said sealed proposals were opened an~ read on August 1, 1978, and it has been determined that the bid of Patrick T. O'Dowd of Dubuque, Iowa in the amount of $8,165.30 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and speci- fications; 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 Patrick T. O'Dowd and the Manager be and he is hereby di- rected 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 City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of August, 1978. Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-CouncilMembers1lrady,Fam:Il,King. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. Proof of Publication, certified to by the Publisher, of Notice to Contractors of receipt of proposals for the construc- tion of 1978 Asphalt Paving Project No. 1, presented and read. Council Member Farrell moved that the proof of publica- tion be received and. filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. D. Michael King James E. Brady Carolyn Farrell Council Members BE IT FURTHER RESOLVED that the cost and expense of said improve- ment be paid from the Community De- velopment Funds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 7th day of August, 1978. 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 - Council Members Brady, Far- rell, King. Nays. None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. Proof of Publication, certified to by the Publisher, of Notice to Contractors for construction of Pedestrian Curb Ramps, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Sec- onded by Council Member Brady. Car- ried by the following vote: Yeas - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member ger. Wertzber- August I, 1978 To the Honorable Mayor and City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m., D.S.T., Tuesday, August l,1978for Ped- estrian Curb Ramps. The lowest bid was entered by Patrick T. O'Dowd, Dubuque, Iowa. The bid was $8,165.30 which is 2.74% below the Engineer's Estimate. I r-ecommend that the contract be awarded to Patrick T. O'Dowd. Gilbert D. ChavenelIe City Manager 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. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber- ger. 366 Honorable Mayor and City Council Claim was filed on March 28, 1978 by Anthony Blatnek of 2160 Lincoln A ve- nue, claiming damages to his motor ve- hicle in the amount of $135.50 and alleg- ing that said damages occurred to his rear fender as the result of a tilted man- hole cover striking same in the area be- hind 2901 Rhomberg Avenue. .This matter was referred to the City Attorney who has investigated same and conferred with the Street Commis- sioner and the claimaint, and claimant has made an offer of settlement in the amount of $90.00. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be di- rected to draw warrant payable to An- thony Blatnek in the amount of $90.00, transmitting same to the City Attorney for delivery upon receipt of appropriate executed releases. Wertzber- July 13, 1978 Members Council Member Farrell moved that the recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays - None. Absent - Council Member ger. 369 Dubuque, Iowa filed claim against the City of Dubuque in the amount of$120.36 and claiming that on April 3, 1978, she struck a heave in the pavement with her automobile at a point on Kerrigan Road near the Grandview turnoff. Claimant alleges that said damages to her motor vehicle consisted of a broken water pump, misalignment of the front end, re- placement of front shock absorber and voltage regulator, claiming that said pavement condition was due to a broken water main. This matter was referred to the City Attorney who has made investigation of same and has conferred with the Street Commissioner and the claimant. Claim- ant has made an offer of settlement of $98.41, and it is the recommendation of the City Attorney that said offer of set- tlement be accepted. The City Auditor should be instructed to draw warrant payable to Mrs. Eldon R. Kramer in the amount of $98.41 and transmit same to the City Attorney for delivery upon receipt of appropriate ex- ecuted releases. Original claim is returned herewith. R. N. Russo City Attorney Regular Session, August 7, 1978 Honorable Mayor and City Council On April 10, 1978, Mrs. Eldon R. Kra- mer of 970 Cedar Point Court, R. R. #2, July 13, 1978 Council Member Farrell moved that the recommendation of settlement be approved and City A uditor directed. to issue proper warrant. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Honorable Mayor and City Council Claim was filed against the City of Du- buque by LaVan Mary Tropf of 2014 Horseshoe Drive on April 17, 1978, claiming that on April 11 her vehicle was damaged as the result of striking a pot hole at 989 Indian Ridge and that damag- es were in excess of $75.47. This matter was referred to the City Attorney who has checked with the street commissioner and conferred with the claimant and reviewed the bills sub- mitted for repair of said vehicle which were in the total sum of $173.65. Claim- ant has made an offer of settlement in the amount of $116.05, and it is the rec- ommendation of the City Attorney that this offer of settlement be accepted and the city auditor be instructed to issue warrant payable to La V on Mary Tropf in the amount of $116.05 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 Wertzber- July 14,1978 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 - Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member ger. above described improvement in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, adopted, and approved this 7th day of August, 1978. D. Michael King James E. Brady Carolyn Farrell Council Members ger. (A Resolution Accepting Improvement) RESOLUTION NO. 278.78 WHEREAS, the contract for the Main Street Lighting from First Street to Fourth Street has been completed and the City _Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract~ plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that the rec- ommendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED tbat the City Treasurer be and he is hereby directed to pay to the contract from Community Dev. Funds issued upon the 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. Council Members Brady, Far- rell, King. Nays - None. Abstain - Mayor Tully. Absent - Council Member Wertzber- Final Estimate RESOLUTION NO, 277-78 WHEREAS. the contract for the Main Street Lighting from First. Street to Fourth Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the cost of said improvement is hereby deter- mined to be $66.456.52. That none of the cost thereof shall be assessable uponpri- vate property and $66,456.52 shall be paid from the Community Development Fund of the City of Dubuque. Passed, adopted, and approved this 7th day of August,1978, D. Michael King James E. Brady Carolyn Farrell Council Members 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. Nays - None. Abstain - Mayor TuUy. Absent - Council Member Wertzber- ger. 1978 Regular Session, August 7 ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tionof the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas" Mayor Tully, Council Members Brady, Farrell, King. Nays. None. Absent - Council Member Wertzber- ger. (A Resolution Accepting Improvement) RESOLUTION NO. 278.78 WHEREAS, the contract for the 20th Street Signalization.from Central Ave- nue to Elm Street 'has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract. plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the rec- ommendation ofthe City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED. that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund issued upon the above de- scribed improvement in amount equal to the amount of his contract, .less any re- tained percentage provided for therein. Passed, adopted, and approved this 7th day of August, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Fa,:"rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. July 25, 1978 To the Honorable Mayor and City Council The construction of the . Main Street Lighting from First. Street. to Fourth Street has been substantially completed in accordance with plans and specifica- tions by Tri-State Paving, Division of Dubuque Stone Products Company of Dubuque, Iowa. Gilbert D. Chavenelle City Manager 368 -~..- ~--""~.2~.;'~",,"'''__K' - it! Rel{ular Session, August 7,1978 '~'-""~.~"-d"',""'."'.~r",,. _..~..__.. 371 Council Member Brady moved that the communication be received and filed and referred to Council. Seconded by Council Members Farrell. Carried by the following vote: Yeas - Mayor Tully. Counei: Brady, Farrell, King. Nays - None. Absent - Council ger. Members Wertzber- July 21, 1978 Honorable Mayor and Council Members RE: FINAL PLAT - "WESTVIEW SHOPPING CENTER PLACE" The City of Dubuque Planning and Zoning Commission has reviewed a final plat subdividing Lot "1 of Lot 2 of "Westview Shopping Center Place" into Lots 1 and 2 of that subdivision. The pro- perty is located at the southwest corner of the intersection of John F. Kennedy Road and Congress Circle in the City of Dubuque, Iowa, as shown on the attach- ed vicinity map. In their review of the above described final plat, the Planning and Zoning Com- mission has determined that it is in con- formance with the Subdivision Regula- tion of the City of Dubuque, Iowa. They also found that a zoning boundary di- vides the property, with the easterly 200 feet of both Lot 1 and Lot 2 currently zoned C-3 Arterial Business Commercial District and the remaining westerly por- tion of those Lots zoned R-4 Residential District. The Commission has voted to approve the plat conditioned on the understand- ing that plat approval does not commit them to extend the C-3 zoning boundary to the remainder of the property, and further, that Lot 2 of the subdivision has two existing curb-cuts onto Congress Circle adequate for development of the site, and therefore, no direct access to or from the property from Kennedy Road will be allowed. The Planning and Zon- ing Commission recommends your favorable consideration of the subdivi- sion of property in "Westview Shopping Center Place" and the above-noted con- ditions. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following. vote: Yeas - Mayor Tully, Council Brady, Farrell, King. Nays - None. Absent - Counci ger. Members Wertzber- CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Member Member ular Session, AUl{ust 7,1978 Members Yeas - Mayor Farrell. King. Nays - Council Member Brady. Absent - Council Member Wertzber- ger. August 1, 1978 Honorable Mayor and City Council Members The following is a report of our fin- dings concerning the sidewalk problems in the Orchard Hills area. The sidewalks in question are located on Orchard Drive. west of Delicia, and in- cludes both sides of the street. The walks at several ofthe homes are under- mining from storm water, causing shif- ting and settling of the walks. It is a problem we have dealt with from time to time over the past three years without resolution to the satisfaction of the property owners. It is our opinion that the storm water undermining the walks actually comes from the individual properties themselves. A portion of the water which normally crosses the side- walk and flows out to the curb is being in- tercepted at the edge of the sidewalk, finding its way beneath the walk. This is evident by a visual inspection of the edges of the sidewalks and can be seen at several locations. We take issue on the concept that the damage is a result of street water under- mining the walks since the pitch of the settling walks indicates erosion from the house side on the walk rather than the street. Furthermore, the street is in fair- ly good condition, with few cracks which would allow infiltration of storm water. I believe that the storm sewer catch basins were spaced and located proper- ly, and that an additional catch basin at the top of the hill would do little to help the situation since only a small quantity of water would be flowing in the street at that location. We have, and will continue to take the position that the general poor conditions of the walk along the entire section are generating their own problem. If impro- perly maintained, one individual's walk can undermine all other walks down- stream. It is our opinion, therefore, that the problem is the responsibility of the pro- pertyowners. However, to be successful in remedying the situation. each and ev- ery walk should be replaced at the same time. We would further recommend the installation of concrete head walls spac- ed every 20 feet to avoid the undermin- ing problem in the future. The cost of such a program would amount toapprox. imately $10.400.00. Tully. Counci Michael A. Koch City Engineer Re At this time we would ask the Coun- cil's permission to proceed with the stu- dy as outlined. It is recommended that Sister Kenneth be retained for a fee of $1,000 per month to continue with Phase 2 of the data processing study. The fee will cover Sister Kenneth's time and resources as well as any outside assis- tance she may use. It is anticipated that Phase 2 and 3 would be completed by the end of fiscai year 1979. Phase 4 con- siderations would require budgeting in FY 80 based on the results of the system design. Sister Kenneth Keller spoke to the problem. 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 Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Council Member Farrell moved that the study be approved and Sister Ken- neth be retained. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully,. Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. August 2,1978 Honorable Mayor and City Council I request your reconsideration of the Shive-Hattery contract for the pre- liminary investigation of a western in- dustrial site. It has been suggested by members of the Mayor's Industrial Committee that the contract be modified to cover the western area only between Radford Road and the Northwest Arterial and in- clude in the contract an investigation of the Kerper Industrial location. I request that the Mayor be author- ized to sign the amended contract in- cluding the Kerper area. An amendment for this purpose is attached. Also enclosed for your information is an amendment adjusting the contract as previously authorized by Council, and a letter of explanation from Mr. William Kasak. Gilbert D. Chavenelle City Manager CounCil Member Farrell moved that the communication be received and filed and request for amendment be ap- proved. Seconded by Mayor Tully. Car- ried by the following vote: Pauline Joyce Program Planner 370 Original claim is returned herewith. R. N.Russo City Attorney Council Member Farrell moved that the recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays. None. Absent - Council Member Wertzber- Member ger. Communication of Leo Ungs, Admin- istrator of Institutional Accounts sub- mitting petitions for Louise Bieberman, Ann Bodish, Blanche Donovan, Elsie Lange, Evelyn Mazurek, Leona Ricken and Josephine Roth requesting suspen- sion of Real Estate Tax for consideration due to age, infirmity and limited in- comes, presented Rnd read. Council Member Farrell moved that the suspen- sions be approved and City Clerk direct- ed to sign approval. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Counci Brady, Fa~rell, King. Nays - None. Absent - Councr Members Wertzber- ger. Printed Council Proceedings for the months of March and April, 1978 were presented. Council Member Brady mov- ed that the Council Proceedings be ap- proved as printed. Seconded by Council Member Farrell. Carried by the follow~ ing vote: Yeas - Mayor Tully. Council Members Brady, Farrell, King. Nays - None. Absent - Council ger. Wertzber. July 31,1978 Honorable Mayor and City Council In fiscal year 1979 a data processing study was budgeted for the purpose of evaluating the city's current data pro- cessing systems and needs and deter- mining the direction of future software and hardware development. The Council requested that the scope of the study be defined for their review and consideration. In conjunction with this request, Sister Kenneth Keller of Clarke College was contacted for assis~ tance in this effort. During the month of July Sister Kenenth undertook the in- itial phase of the data processing study which was to develop a report on the scope, priorities and schedule for' the detailed study to follow. Attached is a copy of this report as well as an outline of the steps necessary for a complete sys. terns study. Member ==-';___"'C-~_"_~ 373 Regular Session, Au~ust 7,1978 the Board of Dock Commissioners of the City of Dubuque, Iowa and Dubuque Barge & Fleeting Service Company, an Iowa corporation. dated the 21st day of August, 1978. be and the saine is hereby approved. Section 2. That the CIty Clerk cause notice of intent to enter said Exclusive Option to Lease to be published as is by law required. Passed. adopted, and approved this 7th day of August, 1978. Thomas A. Tully Jr. Mayor 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 August 21, 1978 as date for public hearing. Second- ed by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Brady, Farrell, King. Nays - None. Absent - Counci' ger. Members Wertzber- August 2, 1978 To the Honorable Mayor And City Council We bave reviewed the proposed pav- ing of Davis A venue in light of the objec~ tIons received at the public hearing on July 17, 1978. We have re-estimated the project, eliminating the base repair and replac~ ing it with a reinforcing fabric to control reflection cracks. The cost of such a pro- gram would be $6,997.64 as compared to the original estimate of $12,118.77. The use of the mat, however. would be experimental, and we could not be cer- tain of its effectiveness as compared to the total reconstruction of the street. Given the fact that the City would be guaranteeIng the work for 10 years by its assessing of the improvement, we cannot recommend it as an alternative. We would propose instead a 1" mat. together with a leveling course which would be placed over the existIng con- crete. The cost would be approximately $1,325.00 and would be borne by the City as part of our 1978 Asphalt Paving Pro- gram. This improvement would only be ex- pected to last a few years, at which time the street would have to be totally re- constructed on an assessment basis. Michael A. Koch City Engineer Council Member Farrell moved that the proposal be approved. Seconded by .. Member Member RESOLUTION NO. 281-78 WHEREAS. the Board of Dock Com- missioners of the City of Dubuque, Iowa and Dubuque Barge & Fleeting Service Company, an Iowa corporation, have entered into an Exclusive Option to Lease certain real estate; and WHEREAS, said proposed Exclusive Option to Lease by and between the Board of Dock Commisisoners of the Ci- ty of the City of Dubuque, Iowa and Dubuque Barge & Fleeting Service Company, a copy of which is hereto at- tached and marked Exhibit "A" and by reference made a part hereof, should be approved; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the proposed Ex- clusive Option to lease by and between WHEREAS. the term of said lease Agreement, as amended; is in excess of three years; and WHEREAS, said proposed Lease Agreement, as. amended, by and be- tween the Board of Dock Commissioners of the City of Dubuque, Iowa and Con- tiCarriers and Terminals, Inc., a copy of which is hereto attached and marked Ex- hibit "A to, and by references made a part hereof, should be approved; NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the proposed Lease Agreement and Amendment thereto by and between the Board of Dock Commis- sioners of the City of Dubuque, Iowa and CONTICARRIERS aod TERMINALS, INC., a Delaware corporation, dated the 21st day of August, 1978, be and the same is hereby approved. Section 2. That the City Clerk cause notice ofiutent to enter said lease agree.- ment, as amended, to be published as is by law required. Passed, adopted, and approved this 7th day of August, 1978. Thomas A. Tully Jr. Mayor 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 August 21, 1978 as date for Public Hearing. Second- ed by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Counei' ger. Wertzber- Regular Session, August 7, 1978 hereto attached, agreeing: (a) That a zoning boundary currently divides the property included in said Plat. with the' easerly two- hundred (200) feet zoned C-3 Ar- terial Business Commercial Dis" trict and the remaining westerly portion zoned R-4 Residential District. (bl That the City of Dubuque, Iowa, is not committed by approval of said Plat to reclassify any of the property to conform to existing or proposed lot lines. (c) To consent to the limitation pro- hibiting curb openings or other access' from John F. Kennedy Road to proposed Lot 2. Section 2. That in the event the owner shall fail to execute the' Accep" tanee provided for in Section 1 hereof within forty-five (45) days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the Plat shall not be effective. this Passed, adopted, and approved 7th day of August, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members Member RESOLUTION NO. 280.78 WHEREAS, the Board of Dock Com- missioners of the City of Dubuque. Iowa and Conti Carriers and Terminals, Inc., a Delaware Corporation, have entered in- to a proposed Lease Agreement and Amendment to said lease for the leasing of certain real estate; and acknowledging and ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE We, the undersigned John A. Link and Esther M. Link. having read the terms and conditions of the foregoing Resolution No. 279-78, and being fa- miliar with the conditions thereof, hereby accept the same and agree to per- form the conditions required therein. Dated at Scottsdale, Ariz. this 15th day of August. 1978. John A. Link Esther M. Link Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell. King. Nays - None. Absent" Council ger. Wertzber- RESOLUTION NO. 279.78 A Resolution Approving the Plat of the Subdivision of Lot 1 of lot 2 of "West- view Shopping Center Place" in the Ci. ty of Dubuque, low.. WHEREAS. there has been filed with the City Clerk of the City of Dubuque, Iowa, a Plat of the Subdivision of Lot 1 of Lot 2 of "Westview Shopping Center Place" in the City of Dubuque, Iowa; and WHEREAS. said Plat has been exam- ined by the City Planning and Zoning Commission and they have found that the same conforms to statutes and or- dinances relating thereto; and WHEREAS, the City Planning and Zoning Commission also found that a zoning boundary divides the property in- cluded in said Plat, with the easterly two-hundred (200) feet zonedC-3 Arterial Business Commercial District and the remaining westerly portion zon- ed R-4 Residential District: and WHEREAS, the City Plinuing and Zoning Commission has further found that adequate access to proposed Lot 2 is provided by way of two existing curb openings on Congress Circle and that a substantial public interest would be served by prohibiting direct access to John F. Kennedy Road from said Lot 2: and WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commission on the understanding that approval of said Plat does not commit the City to reclassify any of the property to conform to existing or proposed lot lines; and WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commission on the condition that direct access to John F. Kennedy Road from proposed Lot 2 be prohibited; and WHEREAS. said Plat has been exam- ined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS. the City Council concurs in the findings, the understandings and conditions of approval established by the City PlannIng and Zoning Commis- sion: 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 of Lot 2 of "Westview Shopping Center Place"in the City of Dubuque, Iowa, be and the same is here- by 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 that the owner of said property shall execute its written acceptance 372 o~___--~ -kN~ -~_""~~_<'-"'''''b.J.'v.....x_"",~ .<'.1 374 375 requesting thatstorm sewer be installed by August 15, 1978 or legal action will be taken to be incompliance with a previous commitment made to his client, presented and read. Council Member Farrell moved that the c-ommunication be received and filed. Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully, Counc: Brady, Farrell, King. Nays - None. Absent - Council vote: Yeas. Mayor Tully nrady, Farrell. King. Nays - None. Absent - Counci Members ger, Communication of Barry A. Lindahl requesting consideration of two pro- blems in the neighborhood of Villa and Rush; (l}some kind of warning for traffic coming east on Rush, (2) either post no parking sign on Villa or to install an addi- tional street light between Cleveland and Rush, presented and read. Council Member }<'arrell moved that the com- munication be received and filed and referred to the City Manager and Traffic Committee. Seconded by COllncil Member King. Carried by the following Wertzber Members Wertzber ger. Petition of Seventh Day Adventist Church requesting permission to solicit funds for its annual Ingathering Cam- paign from August 26th to September 7th, presented and read. Council Mem- ber Brady moved that the petition be forwarded to the City Solicitor for Study. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell. King. Nays - None. Absent - Counci Member Counci Member Regular Session, August 7, 1978 Members Wertzber- ger. Communication of Recreation Com- mission.voting their support of the con- cept of district recreaton centers as op- posed to smaller neighborhood recrea- tion centers, presented and read. Coun- cil Member Brady moved that the com- munication be received and filed and re- ferred to Council. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Nays - None. Absent - Counci Wertzber- ger. Petition of Ameriean Diabetes Assn. by Wayne nauer, local Chairman, re- questing permission to ~onduet a bike ride on September 24 to raise funds, presented and read. Council Member Brady moved that the request be ap- proved subject to coordination of the ci. ty Manager. Seconded by Council Member Farrell. Carried by t.he follow. ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Na.vs - None. Absent - Counci Wertzber- ger. Petition of Dubuque Sertoma Club re- questing permission to conduct t.heir an- nuallight bulb sale on September 23rd, 1978. presented and read. Council Mem- ber Brady moved that t.he request be ap- proved subject to coordination of the Ci- ty Manager. Seconded by Council Member Farrell. Carried by the follow- Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays - None. Absent - Council Member Member Member iog vote: Yeas Mayor Tully Brady, Farrell, King. Nays - None. Absent COllnc !\-Jembers Wertzber- RESOLUTION NO. 284-78 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 in" spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Liberty Restaurants, Inc., 401-405 Cen- tral A ve_ John F. Glynn, 760 East 16th St. Imperial Lanes, Inc., 3505 Stoneman Road James J. Klauer, 1646 Asbury Road Hazel E. Koeller, 2987 Jackson St. Passed, adopted, and approved this 7th day of August, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members Re~ular Session, August 7,1978 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 Tully, Couner Brady, Farrell,King. Nays - None. Absent - Counci ger. Member Wertzher- ger. Communication of City Manager ad vising of prescnt and upcoming vacan- cies on the Zoning Board of Adjustment, prescnted and read. Council Memher Brady moved that the communication be received and filed and referred to Coun- cil. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Memhers Brady, Farrell. King. Nays - None. Ahsent - Counci ger. Communication of City Manager sub" mitting a status report relative to John H. Rhomberg's request of possible pur- chase of City Owned lots, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Wertz ber- Member Member Council ;v1embers Rer Petition of Mrs. Wayne Frank re questing the Council to investigate the possibility of realigning certain bus routes - Kelly Lane, Fremont and Val- entine Drive area, presented and read. Council Memher Brady moved that the petition be referred to the Council and Transit Board. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Counci Wertzber- Wertzher get'. Communication of Attorney Clemens, on behalf of Julius Sprenglemeyer, who resides at corner-of W. Third & Parkway Member Member Members Wertzber. ger. Communication of State of Wisconsin DOT submitting a finding, determina- tion and order relating to the locating, financing and -construction of the in~ terstate bridge, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Farrell. Carri d by the following vote: ATTEST: Leo F. FrommeH City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully. Counci Brady, Farrell, King. Nays - None. Absent - Counci Member Tully, Counci ger. Motion failed. RESOLUTION NO. 282.78 BE IT RESOLVED. By the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro. visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cig- arettes and Cigarette Papers within said City. Aquinas Institute of Theology, 2570 Asbury Mr. Steak #121, 2660 Dodge Street Passed, adopted, and approved this 7th day of August, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Brady moved adop. tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully; Council Members Brady, Farrell, King. Nays. None. Absent - Council ger. RESOLUTION NO. 283.78 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 THEREFORE BE IT RE- SOLVED, By the City Council ofthe Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "B" BEER PERMIT Saint Columbkille Parish, 1240 Rush St. Church of the Nativity, 1225 Alta Vista St. Passed, adopted, and approved this 7th day of August,1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members Wertzber- Member Wertzber- Member Council Member Brady. Vote on the mo- tion was as follows: Yeas - Council Members rell Nays - Mayor King. Absent Brady, Far- Counc Member ~ 375 requesting that storm sewer be installed by August 15, 1978 or legal action will be taken to be incompliance with a previous commitment made to his client, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Wertzber- ger. Communication of Barry A. Lindahl requesting consideration of two pro- blems in the neighborhood of Villa and Rush; (1) some kind of warning for traffic coming east on Rush, (2) either post no parking sign on Villa or to install an addi- tional street light between Cleveland and Rush, presented and read. Council Member Farrell moved that the com- munication be received and filed and referred to the City Manager and Traffic Committee. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Councr Brady, Farrell, King. Nays - None. Absent - Council Member Members Wertzber- ger. Petition of Seventh Day Adventist Church requesting permission to solicit funds for its annual Ingathering Cam- paign from August 26th to September 7th, presented and read. Council Mem- ber Brady moved that the petition be forwarded to the City Solicitor for Study. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent" Counci: Wertzber- ger. Communication of City Manager ad- vising of present and upcoming vacan- cies on the Zoning Board of Adjustment, presented and read. Council Member Brady moved that the communication be received and filed and referred to Coun- cil. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady J Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Communication of City Manager sub- mitting a status report relative to John H. Rhomberg's request of possible pur- chase of City Owned lots, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Regular Session, August 7, 1978 Members Wertzber- Member Member ger. Communication of Recreation Com- mission voting their support of the con- cept of district recreaton centers as op- posed to smaller neighborhood recrea- tion centers, presented and read. Coun- cil Member Brady moved that the com- munication be received and filed and re- ferred to Council. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Counci Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays - None. Absen-t- Council Member Wertzber- ger. Petition of American Diabetes Assn. by Wayne Bauer, local Chairman, re- questing permission to conduct a bike ride on September 24 to raise funds, presented and read. Council Member Brady moved that the request be ap- proved subject to coordination of the ci- ty Manager. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas -Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber. Regular Session, August 7, 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 Tully, Councill\oJembers Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. ger. Petition of Dubuque Sertoma Club re- questing permission to conduct their an- nuallight bulb sale on September 23rd, 1978, presented and read. Council Mem- ber Brady moved that the request be ap- proved subject to coordination of the Ci- ty Manager. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber. ger. Petition of Mrs. Wayne Frank re- questing the Council to investigate the possibility of realigning certain bus routes - Kelly Lane, Fremont and Val- entine Drive area, presented and read. Council Member Brady moved that the petition be referred to the Council and Transit Board. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Communication of Attorney Clemens, on behalf of Julius Sprenglemeyer, who resides at corner of W. Third & Parkway Member RESOLUTION NO. 284.78 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 in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the Ci. ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Liberty Restaurants, Inc., 401-405 Cen- tral Ave. John F_ Glynn. 760 East 16th St. Imperial Lanes, Inc., 3505 Stoneman Road James J. Klauer, 1646 Asbury Road Hazel E. Koeller, 2987 Jackson St. Passed, adopted, and approved this 7th day of Angnst, 1978. Thomas A. Tully Jr. Mayor 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 Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Communication of State of Wisconsin DOT submitting a finding, determina- tion and order relating to the locating, financing and ~onstruction of the in- terstate bridge, presented and_read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Farrell. Carri d by the following vote: Council Member Brady. Vote on the mo- tion was as follows: Yeas - Council Members Brady, rell Nays - Mayor Tully, Counci: King. Absent ger. Motion failed. RESOLUTION NO. 282.78 BE IT RESOLVED, By the City Coun- cil of the City of Dubuque,Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cig- arettes and Cigarette Papers within said City. Aquinas Institute of Theology, 2570 Asbury Mr. Steak #121, 2660 Dodge Street Passed, adopted, and approved this 7th day of August. 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. RESOLUTION NO. 283.78 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- cupiedby such applicants were in- spected and found to comply with the Or- dinances of this City and have filed pro- per bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "B" BEER PERMIT Saint Columbkille Parish, 1240 Rush St. Church of the Nativity, 1225 Alta Vista St. Passed, adopted, and approved this 7th day of August, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members Far~ Member Wertzber- '~-'"''''''...........,..~~-,,-~_'-J-'>>~ ~' 374 Member Counci 377 sented and read. Council Member Brady moved that the communication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Couner Brady, Farrell, King. Nays - None. Absent - Coune: ger. Member Wertzber- Petition of St. Anthony Messenger re- questing permission. to solicit subscrip- tions for St. Anthony Messenger, this has been a yearly request, presented and read. Council Member Brady moved that the petition be referred to the City Solicitor for Study. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully. Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Communication of City Manager rec- ommending installation of a 4000 lumen light on Valeria Street in response to petition of John Kirkpatrick et aI, presented and read. Council Member Brady moved that the recommendation be approved. Seconded by Council Member Farrell. Carried by the follow- ing vote: . Yeas - Mayor Tully, Counc' Brady, Farrell, King. Nays - None. Absent - Counci: ger. Members Communication of City Manager sub- mitting a request for authority to adver- tise for bids for the purchase of a 1250 GPM Pumper, presented and read. Council Member Brady moved that the communication be received and filed and City Manager be authorized to advertise for bids. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- Members Wertzber- ger. Minutes Submitted by Planning & Zoning Commission of their meeting of July 17, 1978; Housing Commission of their meeting of July 18, 1978; Airport Commission of their meeting of July 13, 1978; Dock Commission of their meeting of June 29, 1978; DMATS of their meet- ing of July 27, 1978; Transit Trustee Board of their meeting of July 11, 1978; and Community Development Commis- sion of their meeting of July 11, 1978, presented and read. Council Member Farrell moved that the minutes be re- ceived and filed. Seconded by Council Member Regular Session, August 7, 1978 Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Petition of Lois Pearce et al re- questing permission to close off traffic on Douglas Street from College to Park- way on August 19th, neighborhood pot- lock, presented and read. Council Member Brady moved that the request be approved subject to coordination of City Manager and Traffic Dept. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Petition of Jim Bertsch et al re- questing permission to block off Admiral Street on August 12th to conduct a block party, presented and read. Council Member Brady moved that the request be approved subject to coordination of City Manager and Traffic Dept. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Petition of Mary King et al requesting permission to block off Ohio Street on August 26th to conduct a block party, presented and read. Council Member Brady moved that the request be ap- proved subject to coordination of City Manager and Traffic Dept. Seconded by Council Member Farrell. Carried by the following vote: Yeas ~ Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent- Council Member Wertzber- ger. Petition of National Organization for Women, Dubuque Chapter, requesting permission to conduct a walk/run for the Equal Rights Amendment on August 26, 1978, presented and read. Council Member Brady moved that the request be approved subject to coordination of City Manager and Traffic Dept. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Communication of James N. Clark submitting resignation as a member of the Airport Commission at completion of term of office September 14, 1978, pre- " -'~_;~~"~_c.Di~ Members W ertzber- ger. Petition of R. L. Osterberger et al (11 signers) requesting permission to block off Alta Vista St. on .August 26,_ 1978 from Carlotta to Harvard St., presented and read. Council Member Brady moved that the request be approved subject to coordination of the City Manager and Traffic Dept. Seconded by Council Member Farrell. Carried by the follow- ing vote: - -----,-~~-_..,._"..- 255:~~',:oi:":'0::-':ii: "2 ~':_'f-:~'-:'C::':: Members Wertzber- Wertzber- ger. Communication of Dorothy Buettell of 1005 Lincoln Ave. requesting direc- tional signs to Julien Dubuque's Monu- ment and the cutting of brush that have a tendency to obstruct the view, presented and read. Council Member Farrell moved that the communication be received and filed and referred to the Traffic Dept., Health Dept. and County Board of Supervisors. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councr Brady, Farrell, King. Nays - None. Absent - Council Member ger. Petition of Vincent Lopez et al (7 signers) requesting resealing of an alley abutting property east of Cardiff St. and restored to prior condition before ex- cavation in the area, presented and read. Council Member Brady moved that the petition be received and filed and re- ferred to the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Counei' Members Wertzber- ger. Communication of Norb. Laufenberg requesting favorable consideration to fill a vacancy on the Dubuque Housing Commission, presented and read. Coun- cil Member Farrell moved that the com. munication be received and filed and referred to Council. Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays. None. Absent - Council Member Member Regular Session, August 7, 1978 September 4, 1978, presented and read. Council Member Farrell moved that the request be approved subject to coordina- tion of the City Manager. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Counci! Brady, Farrell, King. Nays - None. Absent - Counei' Member ger. Petition of Mrs. Ross Morley of 693 Kaufmann Ave. indicating an intention for the purchase of a portion of the alley running north beyond the travelled roadway at 693 Kaufmann Ave., presen- ted_ and read. Council Member Brady_ moved that the petition be referred to the City Manager for report by next meeting. Seconded by Council Member FarrelL Carried by the following vote: Yeas ~ Mayor Tully" Council Members Brady, Farrell, King. Nays - None. Absent - Counci' Wertzber- ger. Petition of Dubuque Bank & Trust and Mississippi Valley Running Assn. requesting to conduct a marathon on Wertzber- Wertzber- Petition of John C. Grot john re- questing vacation of an unused portion of Alta Vista Street off Rosedale, pre- sented and read. Council Member Brady moved that the petition be referred to the City Manager for report by next meeting. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Councr Member ger. Communication of City Manager sub- mitting informational material received from DOT about investigation of the fea- sibility of Ground Transportation Cen- ters in Iowa, presented and read. Coun- cil Member Brady moved that the com- munication be received and filed and re- ferred to CounciL Seconded by Council Member Farrell. Carried by the follow~ ing vote: Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays - None. Absent - Councr ger. Members ger. Communication of City Manager re- turning petitions of Nowack & Blake- man as to the purchase of a portion of Union Street indicating that the pro- posed offer of purchase consideration is inadequate and recommending denial of petition at this time, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber. Members Wertzber- Member Member Counci Member 376 Yeas - Mayor Tully, Brady, Farrell, King. Nays - None. Absent ~ Counc 379 Petition of Happy Hour requesting a refund of $75. on unexpired portion of Cigarette License No. 1522. discon- tinued business on July 17.1978. presen- ted and read. Council Member Farrell moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Council Member Brady. Carried by the following vote: There being no further business, Council Member Farrell moved to ad- journ. Seconded by Council Member King. Carried by the following vote: Wcrtzber- Communication of Iowa DOT by Dis- trict Engineer Henely, personally thanking the Mayor, Staff and Police De- partment for their assistance in the ac- complishment of the resurfacing of the Julien Dubuque Bridge, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Bra- dy. Carried by the following vote: Wertzber- At 9:30 P.M. CounCll Member Brady moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Mayor Tully. Vote on the motion was as follows: Wertzber- ciJ Member Brady. Carried by the follow- ing vote: Members Members Member Members Members Wertzber- Wertzber Farrel Leo F. Frommelt City Clerk Members CounCl Counci Coullci Yeas. Mayor Tully, Counci Brady, Farrell, King. Nays - None. Absent - Council Member ger. Mem ber Yeas - Mayor Tully, Brady. FarrelL King. Nays - None. Absent" Council Member Ref Member Counci failed Yeas-Mayor Tully, Brady, Farrell, King. Nays - None. Absent - Council Member ger. Counc Tully Counci Yeas - Mayor Tully Brady, Farrell. King. Nays - None. Absent - Counci ger. Regular Session, August 7, 1978 Mayor Yeas Brady. Nay.." King. Absent ger. Motion Absent ger. Communication of City Manager sub- mitting reports of the City Treasurer, Finance Director, Water Superinten- dent, Health Department, as well as list of claims paid for month of June. 1978, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Navs - None. Ab~ent - Council Member Wertzher. Wertz her- Petition of Lorraine Gordon re- questing a refund in the amount of $-122.50 on unexpired portion of Reer- Liquor License No. C-1532, discontinued business on J unc 24, 1978, presented and read. Council Member Farrell moved that the refund be approved and City Auditor directed to issue proper war- rant. Seconded by Council Member Bra- dy. Carried by the following votE:': Veas - Mayor Tully, Council Members Brady, r~arrell, King. Nays. None. Absent - Counci ger. Petition of Kayle Smith requesting a refund of $633.75 on unexpired portion of Beer-Liquor License No. C-9471,_ dis- continued business on June 23, 1978, prllsented and read. Council Member Farrell moved that the refund be ap- proved and City Auditor directed to is- sue proper warrant. Seconded by Coun- I?,"er. , Proof of Publication, certified to by the Publisher, of a List of Receipts and Disbursements for the month of June, 1978, presented and read. Council Mem- ber Farrell moved that the proof of pub- lication be received ami filed. Seconded by Council Member Urady. Carried by the following vote: Yeas Mayor Tully Brady, Farrell, King-. Navs - None. A b~ent Counci ger. Petition of Peoples Natural Gas re- questing permission to exeavate at Rhomberg & Roosevelt Streets (10 year street\, presented and read. Council Member Farrell moved that the request be approved. Seconded by Council Mem- ber Brady. Carried by the following- vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent. - Counci ger. Wertzber Wertzber. Wertzber- M('mbers Counci Member Memher Member Member Counci Regular Session, August 7,1978 claim of Irvin & Duane Koethe. no ac- tionable negligence on part of the City; Recommending denial of car damage claim of Linda Jurisic, amicably settled; Recommending denial of car damage claim of Lynn E. Lampe, no liability on part of the City; Recommending denial of window damage claim of Nesler Jew- elry & Northwestern National Insur- ance, amicable disposed of; Recommen- ding denial of car damage claim of Rev. M. J. Martin. amicable disposed of; Re- commending denial of car damage claim of David B. Heisey, no actionable negligence on part of the City; Recom, mending denial of personal property damage claim of Gerald R. O'Shaughnes- sy, amicably settled; Recommending denial of motorcycle damage claim of Mike Rohner, no liability on part of the City; Recommending denial of car damage claim of Sally Jo Roy, no liability on part of the City; Recommending denial of car damage claim of John Deere Insurance Cu. on behalf of Wayne Plush, amicably settled. presented and read. Council Member Farrell moved that the communication be received and filed and recommendations of denial be approved. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber ger. Notice of Suit of Thomas Simon. in the amount of $3,223.68 plus court costs and fees claiming insurance liability col- lected by the City based on an agree- ment between the City and its Fire Fighters; Notice of Claim of Randall W. Gray, in it partially estimated amount, for property damage incurred as the re" suIt of a backed-up sewer at 817 Lincoln Ave. on July 22, 1978; Notice of Claim of James L. Kendall, in Lhe amount of $370., for property damage incurred as the result of a backed-up sewer at 1624 Lin- coln Ave. on July 29, 1978; Notice of Claim of Martha D. Reinert, in an undetermined amount, for personal in- juries received in a fall at 1060 Central Ave. on June 2,1978; Notice of Claim of Donna R. Price, in the amount, of $202.15 for car damage incurred as the result of being struck by a Key Line Bus at First and Locust Street on June 25,1978, pre- sented and read. Council Member Far- rell moved that the Notices of Claims be referred to the City Solicitor for investi- gation and report. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Wertzber- gel'. Communica~ionsofCity Attorneyrec- ommending denial of property damage -.~, Wertzber- ger. Communications of Caroline T. Men- ke, reiterating her objections to the pav- ing of the 1300 Block of Iowa Street, ad- dressed to the Mayor, Council Member Wertzberger and City Clerk; also peti- tion of Mrs. Fred Miller et al (5 signers) objecting to paving Iowa Street, presen- ted and read. Council Member Farrell moved that the communication be re- ceived and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council gel'. Proof of Publication, certified to by the Publisher, of publication and notice for release of funds from HUD on Con- struction of Fire Station and Code En- forcement, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Secon- ded by Council Member Brady. Carried by the fonowing vote: Yeas - Mayor Tuny, Council Members Brady, Farrell, King. Nays - None. Absent - Counc ger. Communication of Dubuque Historic Preservation Advisory Board having no objection to the issuance of a demolition permit for 330-332 Bhlff St., presented and read. Council Member Farrell moved that the communication be re- ceived and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays -'None. Absent - Council Member Wertzber- Wertzber- ger. Communication of Ass't. Housing Ad- ministrator advising of an application for demolition permit by Miracle Car Wash at 330-332 Bluff St., presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Counc' Wertzber- 378 Member Brady. Carried by the following vote: Yeas - Mayor Tully, Counci" Brady, Farrell, King. Nays - None. Absent - Council Member Members Member Member Member 379 August 7, 1978 Regular Session cil Member Brady. Carried by the follow. ing vote Petition of Happy Hour requesting a refund of $75. on unexpired portion of Cigarette License No. 1522, discon- tinued business on July 17, 1978, presen- ted and read. Council Member Farrell moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Council Member Brady. Carried by the following vote: Wertzber- ger. Communication of Iowa DOT by Dis- trict Eog-ineer "HeneIy. personally thanking the Mayor I Staff and Police De- partment for their assistance in the ac- complishment of the resurfacing of the Julien Dubuque Bridge. presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Bra- dy. Carried by the following vote: Members Members Wertzber- Counci Member Counci Yeas - Mayor Tully, Brady, Farrell, King. Nays - None. Absent - Council Member ger. Yeas - Mayor Tully Brady, Farrell, King. Navs - None. Ab~ent - Council Wertz ber- Absent ger. Communication of City Manager sub- mitting reports of the City Treasurer, Finance Director, Water Superinten- dent. Health Department, as well as list of claims paid for month of .June, 1978, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully Brady, Farren, King, Nays - T\~om'. Absent Counci gl'r. Proof of Publication. certified to by the Publisher, of a List of Receipts and Disbursements for the month of June, 1978, presented and read. Council Mem- ber Farrell moved that the proof of pub- lication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Member Wertzber- ger. Petition of Peoples Natural Gas re- questing permission to excavate at Rhomberg & Roosevelt Streets (10 year street), presented and read. Council Member Farrell moved that the request be approved. Seconded by Council Mem- ber Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Council Members Wert7.ber- Member Counci Member Counci -" --"--',"",_..., ular Session, August 7, 1978 Re 378 claim of Irvin & Duane Koethe, no ac- tionable negligence on part of the City; Recommending denial of car damage claim of Linda Jurisic, amicably settled; Recommending denial of car damage claim of Lynn E. Lampe, no liability on part of the City; Recommending denial of window damage claim of Nesler .Jew- elry & Northwestern National Insur- ance, amicable disposed of; Recommen- ding denial of car damage claim of Rev, M, J. Martin, amicable disposed of; Re- commending denial of car damage claim of David B. Heisey, no actionable negligence on part of the City; Recom- mendinR' denial of personal property damage claim of Gerald R. O'Shaughnes sy, amicably scttled; Recommending denial of motorcycle damage claim of Mike Rohner, no liability on part of the City; Recommending denial of car damage claim of Sally J 0 Roy, no liability on part of the City; Recommending denial of car damage claim of John Deere Insurance Co. on behalf of Wayne Plush, amicably settled, presented and read. Council Member Farrell moved that the communication be received and filed and recommendations of denial be approved. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Couricil Member Wertzber- Members Wertzber. Wertzber- Wertzber- Q'er_ '-' Communication of Dubuque Historic Preservation Advisory Board having no objection to the issuance of a demolition permit for 330-332 Bluff St., presented and read. Council Member Farrell moved that the comm unication be re- ceived and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas -Mayor Tully, Council Members Brady, Farrell, King. Nays ;None. Absent - Counc: ger. Communication of Ass't, Housing Ad- ministrator advising of an application for demolition permit by Miracle Car Wash at 330-332 Bluff St., presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas - Mayor Tully. Council Members Brady, Farrell, King. Nays - None. Absent - Coune: Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councr Brady, Farrell, King. Nays - None. Absent - Council Member Member Member Members At 9:30 P.M. Council Member Brady moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Mayor Tully. Vote on the motion was as follows: There being no further business. Council Member Farrell moved to ad- journ. Seconded by Council Member King. Carried by the following vote: nci Wertzber- Wertzber- Wertzber- Member Members Farrel Leo F. Frommelt City Clerk Members Tully, Counci Motion failed. Counci Member Member Member Yeas - Mayor Tully, Counc Brady, Farrell, King. Nays - None. Absent - Cou ger. Yeas - Mayor Tully, Brady, Farrell, King. Nays - None. Absent - Counci: ger. Counci Counci Mayor Yeas Brady. Nays King. Absent ger. Wertzber- ger. Petition of Lorraine Gordon re- questing a refund in the amount of $422.50 on unexpired portion of Beer- Liquor License No. C-1532, discontinued business on June 24, 1978, presented and read. Council Member Farrell moved that the refund be approved and City Auditor directed to issue proper war- rant. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent - Counci: ger. Petition of Kayle Smith requesting a refund of $633.75 on unexpired portion of Beer.Liquor License No. C-9471, dis. continued business on June 23, 1978, prilsented and read. Council Member Farrell moved that the refund be ap- proved and City Auditor directed to is- sue proper warrant. Seconded by Coun- Wertzber- Member Member ger. Notice of Suit of Thomas Simon, in the amount of $3,223.68 plus court costs and fees claiming insurance liability col- lected by the City based on an agree- ment between the City and its Fire Fighters; Notice of Claim of Randall W. Gray, in a partially estimated amount, for property damage incurred as the re- sult of a backed-up sewer at 817 Lincoln Ave. on July 22, 1978; Notice of Claim of James L. Kendall, in the amount of $370., for property damage incurred as the result of a backed-up sewer at 1624 Lin- coln Ave. on July 29, 1978; Notice of Claim of Martha D. Reinert, in an undetermined amount, for personal in- juries received in a fall at 1060 Central Ave. on June 2, 1978; Notice of Claim of Donna R. Price, in the amount of $202.15 for car damage incurred as the result of being struck by a Key Line Bus at First and Locust Street on June 25, 1978, pre- sented and read. Council Member Far- rell moved that the Notices of Claims be referred to the City Solicitor for investi- gation and report. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Counci Brady, Farrell, King. Nays. None. Members Members Wertzber- ger. Communications of City Attorneyrec- ommending denial of property damage .", W ertzher- ger. Communications of Caroline T. Men- ke, reiterating her objections to the pav- ing of the 1300 Block of Iowa Street, ad- dressed to the Mayor, Council Member Wertzberger and City Clerk: also peti~ tion of Mrs. Fred Miller et al (5 signers) objecting to paving Iowa Street, presen- ted and read. Council Member Farrell moved that the communication be re- ceived and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Brady, Farrell, King. Nays - None. Absent - Councr ger. Proof of Publication, certified to by the Publisher, of publication and notice for release of funds from HUD on Con- struction of Fire Station and Code En- forcement. presented and read. Council Member Farrellmoved that the proof of publication be received and filed. Secon- ded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Absent ~ Council Member Member -~~=ll 381 At 5:35 P.M. Council Member Wertz- berg'er moved to go into F;xecutive ses- sion to discuss pending legal matters on the Sewage Plant and toconsult with the City Attorney for direction. Seconded by Mayor Tully. Carried by the follow- ing vote: Yeas Mayor Tully, Council Members Brady, King, Wertzberger. Navs - None. Ab~ent. Council Member Farrell. At 6:25 P.M. the Council reconvened in regular session and the Mayor an- nounced that the progress report has been considered and the Council gave the City Solicitor instruetions to con- tinue negotiations. There being no further business Council Member King moved to adjourn. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully I Council Members Brady, King, Wertzberger. Nays - None. Absent - Counci' 1978 1978 Member Farrel Leo F. Frommelt City Clerk Members 1978 Counci Special Session CITY COUN OFFICIAL Special Session, August H, 1978. Council met at 4:15 P.M.(C.D.T.l Present - Mayor Tully, Council Mcm bers Brady, King, Wertzberger. City Manager Gilbert D. Chavenelle. Absent Council Member Farr Approved Adopted ATTEST: City Clerk August 14 ell Mayor Tully read the call and stated that service thereof had been duly made and this meeting is called fortnc purpose of discussing financial and operating re- ports of the treatment plant and acting upon such other business as may proper- ly eorne before a regular meeting of t.he Council. Financial Summaries, of both the Wastewater Treatment Facility and the Water Utility, were presented and discussed. It was indicated that a 46% Sewage rate. increase was anticipated, effective January 1,1979. It was further indicated a water rate increase is also an- ticipated. A flow diagram was presented to the Council of the Wastewater Treat- ment Plant, which seems to be in good working order except the operation of the Centrifuges. Considerable discus- sion centered around the operation of the Wastewater Treatment Plant, due to the notification from DEQ. Attorney Russo stated that up to this point the Ci- ty has no proof to vindicate their cause. More documentation is needed to essen~ tially pinpoint the trouble and recom- mended that the Engineering firm be re- quested to put it in writing as to the pro- blem at the Wastewater Treatment Plant. Council Member Wertzberger moved for the suspension of the rules. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, King, Wertzberger. Nays - None. Absent - Council Member Farrell. Mr. Paul Oberman, a local chemist, ad~ dressed the Council by making various suggestions as to the operation of Pri- mary Clarifiers, elimination of more BOD, overflow of weirs, and centrifuges, possibly going to lower operation of speed for centrifuges. Council Member Wertzberger moved that the City Manager be directed to investigate the problem with the Consulting Engineers and to prepare a written report, within seven days, why the plant is not working within limits. Seconded by Mayor Tully. Carried by the following vote: Members Yeas. Mayor Tully, Counc Brady, King, Wertzberger. Nays - None. Absent - Counci Member Farrel -" ~ ~ / -'~_'~"'"'<?;..;t...'"'-'v;,_.x",,, 380 Regular Session, August 7, 1978 Approved ............ 1978 Adopted. __........" 1978 ---...- - - --- - - ~_.-- COUTII'H Members ^ TTEST: City Clerk twenty percent expansion grace period. In this way, any proposed expansion of floor area in an existing C~6. Planned Commercial District would have to be reviewed and approved as a Planned Unit Development. In its review, the Commission has found that the proposed amendment is necessary and appropriate. This amend- ment permits the City to review, eval- uate and approve plans for commercial expansions which have significant im- pacts upon the community. The amend- ment's requirement of careful plan preparation and analysis places it clear- ly within the purpose and scope of the C-6 Planned Commercial District as set forth in the General Statement of Intent. Accordingly, by a unanimous vote the Planning and Zoning Commission has approved the proposed amendment and recommends your favorable considera- tion. Member Brady. Mr. William Cafaro. one of the de- velopers of Kennedy Mall, stated that the Mall has developed in a reasonable fashion and has of its own volition devel- oped the area in the last twenty five years. Century Drive and Wacker Drive was developed and paid for at their own expense. also the upgrading of the in- tersection of Kennedy and Wacker Drive. They also provided a parking ra- tio in excess of present Zoning guide- lines. Instead of parking for the present 2780 cars it could very well be. devel- oped, by rearrangement and re-striping, to 3123 cars. Dubuque does not warrant another shopping center as there is no prime location available within the City 383 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 King. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. Council Member Brady entered the Council Chamber at 8:08 P.M. Planning Director Dittemore spoke to the communication of the Planning and Zoning Commission. Council Member Wertzberger moved to suspend the rules to let anyone pre- sent address the Council if they so de- sire. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully. Council Members Farrell, King. Wertzberger Nays - None. Absent - Counci Special Session, August 21, 1978 Member Brady. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance rela- tive to special provisions governing the expansion of existing C"6 Commercial Districts expansion of existing buildings and uses, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Council Member Brady. August 15, 1978 Honorable Mayor and Council Members RE: Zoning Ordinance Amendment Expansion of Existing C-6 Districts and Uses The City of Dubuque Planning and Zoning Commission has held a public hearing on an amendment to the Zoning Ordinance which would revis!:' the provi- sions governing expansion of existing development in thE' C-O Plann~d Com- mercial District. A copy of the proposed amendment is attached. Currently, the C-O Planned Commer- cial District provides that expansion of gross floor area in an existing C-6 District is permitted to an extent not ex- ceeding twenty percent of the gross floor area existing in the District when the Zoning Ordinance was adopted. Any expahsion above twenty percent would require approval as a Planned Unit Development. The proposed amendment would revise these provisions by removing the ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of A ug- ust 1978. 11 8/24 Council Member Wertzbergermoved final adoption of the Ordinance. Second- ed by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent. Cound the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed. adopted. and approved this 21th day of August, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members Leo F. Frommelt City Clerk - =t= I ~ ==r=-_. , t :::E- Special Session, August 21, 1978 prove the amendment and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas . Mayor Tully, Council Members Farrell, King, Wertzberger. Nays. None. Absent - Council Member Brady. ORDINANCE NO. 48.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS "THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING THE DEFINITION FOR "DEPARTMENT STORE" IN ARTICLE XI AND ADOPTING A NEW DEFINI. TION FOR "DEPARTMENT STORE" IN ARTICLE XI, said Ordinance having been previously presented and read at the Council Meet- ing of July 3, 1978, presented for final adoption. ORDINANCE NO. 48.78 AN ORDINANCE OF THE CITY OF DU.. BUQUE, 10WA,PROVIDING THAT THE CODE OF ORDINANCE, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPENDIX A TH'lOREOF, ALSO KNOYffl.-M:'II:IE ZONING OR. DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RE. PEALING THE DEFINITION FOR "DE. PARTMENT STORE" IN ARTICLE XI AND ADOPTING A NEW DEFINITION FOR "DEPARTMENT STORE" IN AR. TICLE XI NOW THEREFORE BE IT OR" DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque. Iowa ': by repealing the deFn itionfor "Department Store" in Artt:cle XIin lieu- thereof, as follows,' Article XI Definitions Department Store - any retail store offering multiple lines or categories of merchandise which exceeds sixty thousand f60,OOO) square feet in floor area. de~oted to sales, display, or storage. Section 2. That the foreging amend- ment has heretofore been approved by Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of considering .adoption of a zoning ordinance adopting a new definition of department store and acting upon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. David Pacholke, Chaplain of Finley Hospital. Proclamation proclaiming Sept. 4th to 10th as "Union Label Week" was 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 repealing definition of Department Store, presented and read. No written objections were filed and no oral objec- tors were present in the Council Cham- ber at the time set for the hearing. Coun- cil Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Absent - Counc' OFFICIAL Special Session, August 21, 1-978. Council met at 7:30 P.M. IC.D.T.I Present - Mayor Tully, Council Mem- bers FarreH, King, Wertzherger. City Manager Gilbert D. Chavenelle. Absent at roll call - Council Member Brady. August 15. 1978 Honorable Mayor and Council Members RE: Zoning Ordinance Amendment Definition of Department Store The City of Dubuque Planning and Zoning Commission has held a public hearing on an amendment to the Zoning Ordinance which would revise the defini- tion of "Department Store", A copy of the proposed amendment is attached. The proposed amendment would change the Ordinance's defnition so that "Department Store" would read: any re- tail store offering multiple lines or cate- gories of merchandise which exceeds sixty thousand (60,000) square feet in floor area devoted to sales, display or storage." The current definition sets twenty thousand (20,000) square feet as the threshold for floor area which separ- ates department stores from other retail establishments. In reviewing the proposed amend- ment, the Commission has found it to be appropriate. Accordingly, the Planning and Zoning Commission has voted to ap- 382 CITY COUNCIL Member Brady. " Special Session, August 21, 1978 ",,-ddy, 385 presented and read. Council Member Wertzberger moved that ~he reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members 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 Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 50-78 AN ORDINANCE IMPOSING A HOTEL AND MOTEL TAX FOR AND BY THE CITY OF DUBUQUE,IOWA WHEREAS, the 67th General As- sembly afthe State of Iowa has enacted Senate File 396,' and WHEREAS. the Governor of the State of Iowa has signed Senate File 336 into law, and WHEREAS, Senate File 336 authorizes a city to impose by ordinance and an electiona hotel and motel taxat a rate not to exceed Seven percent upon certain housing accommodations as de- fined in said Senate File 336; and WHEREAS, the City Council of the City ot Dubuque deems it to be in the best interest of the City to impose such a hotel and motel tax for and within the City of Dubuque: NOW THEREFORE BE IT OR. DAINEDBYTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA- Section 1. That effective April 1, 1979, in accordance with the provisions of Senate File 336 as enacted by the 67th General Assembly, there is hereby im- posed in the City of Dubuque a hotel and motel tax at a rate of five percent upon the gross receipts from the renting of any and all rooms, apartments or sleep- ingrooms in any hote~ mote~ inn, public lodging house, rooming house, or tourist court or in any place wh-ere sleeping ac- commodations are furnished to tran- sient guests for rent, whether with or without meals, except the gross receipts from the renting of sleeping rooms in dormitories and in memorial unions at all State of Iowa universities and col- leges, and such tax shall be collectedfor and on behalf of the City of Dubuque by the State Director of Revenue. Section 2. That revenue derived by the CityofDubuquefrom the imposition of a hotel and motel tax shall be used in 4-117.6.1 Expansion of an Existing C-6 Planned Commercial District No expansion of an existing C-6Plan- ned Commercial District shall be per- mitted by the Council except as a plan for such expansion is submitted and approved as a Planned Unit Develop- ment in accordance with the re- quirements and procedures of Sec- tion .9-110 of this ordinance. 4.117.6.2 Expansion of Existing Buildings and Addition of New Buildings or Uses No expansion of existing buildings and no addition of new buildings or uses shall be permitted within an ex- isting C-6 Planned Commercial Dis- trict except as a plan for the entire district including such expansion or addition is submitted and approved as a Planned Unit Development inac- cordance with the requirements and procedures of Section .9-110 of this or- dinance. " 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 21th day of August, 1978. Thomas A, Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Council Members 1t 8/24 Council Member Wertzbergermoved final adoption of the Ordinance. Second- ed by Council Member King. Carried by the following vote: Yeas -Mayor Tully, CouncilMembers Brady, King, Wertzberger. Nays - Council Member Farrell. Council Member Brady moved to revise Ordinance No. 49-78 inserting something of 2% or less expansion with- out being exempt from this Ordinance with Time Limit to be at the discretion of the City Attorney. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ORDINANCE NO. 50.78 AN ORDINANCE IMPOSING A HOTEL AND MOTEL TAX FOR AND BY THE CITY OF DUBUQUE,IOWA, ATTEST, Leo F. Frommelt City Clerk Published in the Telegraph Herald Newspaper this 2.9th day of August 1978. Leo F, Frommelt City Clerk Special Session, August 21. 1978 Mr. Nic Yiannias requested that they be given some zoning stability in the area. Mr. John Walsh stated that an Ordi- nance of this type cause aversion to development. The proposed Ordinance is not in the best interest of the Com- munity. Also it would not save Urban Renewal property. "Article IV District Regulations Section 4-117 C-6 Planned Commer. cial District 4-117.6 Special Provisions Govern- Ing the Expansion of Existing C.6 PlannedCommercial.Districts and Uses Contained Therein ORDINANCE NO. 49.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF D\JBUQUE, IOWA" BY REPEALING SECTION 4.117.8 OF AR. TlCLE IV AND ADOPTING A NEW SECTION 4.117.6 OF ARTICLE IV, PRESCRIBING SPECIAL PROVI. SIONS GOVERNING THE EXPAN. SION OF EXISTING C.6 COMMER. CIAL DISTRICTS AND USES CON. TAINED THEREIN, said Ordinance having been previously presented and read at the Council Meet- ing of July 3, 1978, presented for final adoption. ORDINANCE NO. 49.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING OR. DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION 4.117.6 OF AR. TICLE IV AND ADOPTING A NEW SECTION 4.117.6 OF ARTICLE IV, PRESCRIBING SPECIAL PROVI. SIONS GOVERNING THE EXPAN. SION OF EXISTING C.6 COMMER. CIAL DISTRICTS AND USES CON. TAINED THEREIN NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof,. also known as. "Zoning Ordi- nance and Zoning Map of the City of Dubuque, Iowa" by repealing Section 4-117.6 o/Article IV thereof, and enac- ting a new Section4-117.6of Article IV in lieu thereof, as follows: limits. The Council has a great oppor- tunity to increase the tax base within the City. The Mall does not want to be relegated to a second rate position. In the planned expansion they would come up with a detailed traffic plan. They must protect themselves and did not take advantage of the City. Zayre and K-Mart have already exceeded 20% ex- pansion. Kennedy Mall has paid 1.7 million dollars in taxes, employ 2000 peo- ple, and have over 4 million in sales. 'fhey feel that they are being discrimin- ated against. Attorney Donald DeSalvo, the Youngstown Ohio firm's attorney stated that the present Ordinance gives them a right to a 20% expansion. They. have made a legal review of leases and re- stricted covenants. Much time and effort has been spent in the uniqueness of the shopping plan development. If the amendment is passed ability to finalize present negotiations will be eliminated. They relied on the Ordinance and this could be a case of taking property with- out due process. This amendment to the Ordinance will retard. major shopping centers in the area, and also would place an unnecessary burden on Kennedy Mall. If permitted to do what we have a right to do it would stabilize the City limits. Because of the investment in Ken- nedy Mall we would be looking for an- other shopping center. The Amendment to the Ordinance is capricious and they have rights as a property owner. He re- quested that the Ordinance not be pass- ed this evening. Attorney Russo requested and got an approval from the chair that the clerk be instructed to enter the following into the record: 1. No engineering studies were pre- sented by the objectors. 2. Objectors claiming rights to relief on basis of Financial expenditures for re- view of existing leases and as related to existing covenants. 3. Objectors expended monies and ef- fort for purpose to check out market area. 4. Objectors have expended monies and resources connected wi,th studies and conferences with prospective ten- ants in the proposed development of their property. Attorney Robert Bertsch addressed the Council as a: representative of Key City Investment Co. who presently rent property to Zayre, by stating that the proposed amendment is not necessary and. has a negative effect of . stifling nominal growth. Imposing a blanket C-6 restriction should not be. Expansions are necessary and should be considered if not unreasonable. 384 iIii Sllecial Session, August 21, 1978 ',,",,".~""-"~-, -~-~ 387 real estate by and between the Board of Dock Commissioners and Conti Carriers and Terminals, Inc., a Delaware corpor- ation. pursuant to the terms and condi- tions of said Lease Agreement. a copy of which is attached hereto and by refer- ence made a part hereof, be and the same is hereby approved. Section 2. That the Mayor and the Ci- ty Clerk be and they are hereby author- ized to execute said Lease Agreement for and on hehalfofthe City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder and the of- fice of the City Assessor. Passed, approved. and adopted this 21st day of August, 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 Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider approval of an Exclusive Op- tion to Lease between the Dock Commis- sion and Dubuque Barge & Fleeting Ser- vice Co., presented and read. No written objections were filed and no oral objec- tions were present in the Council Cham- ber at the time set for the hearing. Coun- cil Member Wertzberger moved that the proof of publication be received and fil- ed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. RESOLUTION NO. 288.78 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 August 11,1978 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 21st day of August, 1978, at 7:30 o'clock P.M. (CDT) in the City Council Cham- bers in the City Hall, Dubuque, Iowa, to consider the proposal to enter into an Exclusive Option to Lease certain real estate by and between the Board of Dock ecial Session, August 21, 1978 Section 2. That the foregoing transfer of funds has heretofore been ap- proved by the Community Development Commission. Passed, adopted, and approved this 21st day of August, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell 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 follow-ing vote: Yeas - Mayor Pro-Tern Wertz- berger, Council Members Brady, Far- rell, King. Nays - none. Abstain - Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider approval of a Lease Agreement and Amendment between the Dock Commission and Conti Carriers and Ter- minals Inc., presented and read. No writ- ten objections were filed and no oral ob- jectors were present in the Council Cham ber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member FarrelL Carried by the following votes: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 287-78 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 August 11, 1978 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 21st day of August, 1978 at 7:30 o'clock P.M. (CDT) in the City Council Cham- bers in the City Hall, Dubuque, Iowa to consider the proposal to enter into Lease Agreement by and between the Board of Dock Commissioners of the City of Dubuque, Iowa and Conti Carriers and Terminals, Inc., a Delaware corporation; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to grant a Lease Agreement to lease certain real estate: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the proposal to enter into a Lease Agreement to lease certain S ber7, 1978 be and proved. Section 2. That the Commissioner of Elections in and for Dubuque County, Iowa is herewith directed to place said proposition upon the ballot in said Gen- eral Election for the voters of the City of Dubuque, Iowa to be voted upon. Passed, adopted, and approved this 21st day of August, 1978. Thomas A. Tully Jr~ Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members is hereby ap- ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution.-Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. AN ORDINANCE amending the Code of Ordinances of the City of Dubu- que, Iowa, by repealing Section 36-74 of Article III thereof and enacting a new Section 36-74 in lieu thereof to provide for staggered terms of membership and to provide that said members shall serve without compensation; by repealing Sec- tion 36-80 of Article III thereof and enac- ting a new Section 36-80 in lieu thereof to provide for review of certain documents when the Transit Authority is a party thereto; and by repealing Section 36-81 of Article III thereof and enacting a new section 36-81 of Article III in lieu thereof to provide for time and place of meetings of the Transit Authority, presented and read. Council Member Wertzberger moved that the Ordinance be tabled to a Work Session to be held with the Transit Board. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 286.78 A Resolution Directing the Transferof Certain Community Development Block Grant Funds NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubu- que, Iowa: Section 1. That an amount not to ex- ceed Two Thousand Dollars ($2,000) shall be transferred and reprogrammed as shown below. From: Contingency Fund To: Washington Tool Library Project the same of said 386 accordance with the provisions Senate File 336. Section 3. That there shall be an elec- tion on the imposition of-the hotel and motel tax set forth in Section 1 at the November 7. 1978 general election. Section 4. That the Dubuque County Auditor, as Commis'sioner of Elections, be and he is hereby requested to call the question of the imposition of the hotel and motel tax at a rate offive percent at the next general election as prescribed by law. Section 5. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of this ordi- nance to the Dubuque County Auditor as Commissioner of Elections and the State Director of Revenue. Section 6. That the Ordinance No. 4'2-78, passed, adopted and approved on the 17th day of July, 1978 be and the same is hereby repealed and of no fur- ther force and effect. Passed, adopted, and approved this 21st day of August, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael}(ing James E. Brady Carolyn Farrell Council Members Leo F. Frommelt City Clerk ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph HeraldNewspaper this 24th day of Aug- ust 1978. it 8/24 Council Member Wertzbergermoved final adoption of the Ordinance. Second- ed by- Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, CouncilMembers Brady, Farrell, King, Wertz-berger. Nays - None. RESOLUTION NO. 285.78 WHEREAS, the City of Dnhuqne, Iowa has passed, adopted and approved Ordinance No. 50-78, being an Ordinance to fix and levy a Hotel-Motel Tax for the City of Dubuque, Iowa; and WHEREAS, the proposition to levy such tax must be submitted tothe voters at a general election to-wit: the General Election on November 7, 1978; and NOW THEREFORE IT BE RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of the proposition to levy a Hotel-Motel Tax in the City of Dubuque, Iowa for the City of Dubuque, Iowa to the electorate at the General Election to be held on Novem- ...~- -~_~~,~,,'."-~._'-J4,.-$."'''_'''~' 388 389 WHEREAS, there has been filed with the City Clerk of Dubuque, Iowa, a Plat in which Lot 4, Lot 5 and Lot 6, each in Herbst Subdivision in the City of Dubu- que, Iowa, are platted as Lot 1, Lot 2 and Lot 3 of "Herbst University A venue Place" in the City of Dubuque, Iowa; and WHEREAS, said Plat has been exam- ined by the City Planning and Zoning Commission and they have found that the same conforms to statutes and or- dinances relating thereto except that the lot to be known as Lot 3 of "Herbst University A venue Place" does not front on a public street; and WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commission on the condition that the lot to be known as Lot 3 of "Herbst Univer- sity A venue Place" is currently improv- ed as a parking area and that no further development of said lot shall be under- taken until said lot having frontage on a public street; 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 the lot to be known as Lot 3 in "Herbst University A venue Place" does not front on a public street; and WHEREAS, the City Council concurs in the condition of approval set forth by the City Planning and Zoning Commis- sion: NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 2. That in the event the owner of said porperty shall fail to ex- ecute the Acceptance provided for in Section 1 hereof within forty-five (45) days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the Plat shall not be effective. Section 1. That the Plat of "Herbst University- A venue Place" in the City of Dubuque, Iowa, be and the same is here- by approved and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat, provided that the owner of said property shall execute its written acceptance hereto attached, acknowledging and agreeing: (a) That the City of Dubuque, Iowa, will not issue a permit for any de- velopment of the lot to be known as Lot 3 in "Herbst University Avenue Place" in the City of Dubuque, Iowa, except as said lot shall be made a part of a conform- ing zoning lot having frontage on a public street. Special Session, August 21, 1978 Council Member King moved to ac- cept Items 1, 2 and 3 for the Fire Station bidding and directed that Bonds be fur- nished by sub-contractor. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. August 15,1978 Honorable Mayor and Council Members RE: Final Plat Herbst University A venue Place The City of Dubuque Planning and Zoning Commission has reviewed a final plat in which Lot 4, Lot 5, and Lot 6, each in Herbst Subdivision are platted as Lot 1, Lot 2 and Lot 3 of "Herbst University Avenue Place". The property is located at 2160 and 2178 University Avenue, as shown on the attached vicinity map. In their review of the above-described final plat, the Planning and ZoningGom- mission has determined that it is in con- formance with the City's Zoning Or- dinance and Subdivision Regulations with the exception that proposed Lot 3 does not have frontage on a public street. This lot is presently improved as a parking area for the University of Dubuque whose 1976 long-range plan calls for the eventual expansion of this parking area eastward. to McCormick Street. The Commission has voted to approve the plat including the waiver of the re- quirement that proposed Lot 3 front on a public street conditioned on the under- standing that no further developmednt will be permitted on Lot 3 unless it is combined with other lots which do have public street frontage. The attached let- ter of intent indicates the University's willingness to accept such a condition and the attached resolution formalizes it. Accordingly, the Planning and Zoning Commission recommends your fa vorab- Ie consideration of the plat of "Herbst University Avenue Place" and the above-noted condition. 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 - M1l.yor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. of in RESOLUTION NO. 289.78 A Resolution Approving the Plat 'Herbst University Avenue Place" he City of Dubuque, Iowa. 1978 Honorable Mayor and City Council At the work session with mechanical and electrical contractors you requested that the new fire station building be plac- ed on the agenda of the August 21st meeting for discussion on bidding the job. It was suggested that the "bid assignment" method be used. In this regard you may wish to consider: 1. Electrical, plumbing, and heating would be bid separately and bids receiv- ed two weeks before the general con- tract bids. 2. That the subcontract bids be ap- proved by the City Council and assigned to the general contractor. 3. That it be specified that the general contractor shall accept the subcontracts approved by the Council, be responsible for all the work, provide all risk in- surance, performance and maintenance bonds and warranties. 4. It is possible that some _provision should be made for the general contrac- tor to also approve of the subcontrac- tors. It could be argued that the general contractor will merely not bid if he disap- proves of a subcontractor. In the in- terest of receiving as many good bids as possible some arrangement, however, might be provided for both city and gen- eral contractor approval of subcontract bids. I do not believe that it will be possible to provide an alternative direct contract bid simultaneously with the bid assign- ment method and therefore it will not be possible to provide a price comparison between alternative bid procedures. Would you please discuss the bidding . process with your staff so that instruc- tions may be given to the architect when selected. SJlecial Session, August 21. 1978 $50.00 and in view of the foregoipg, it is the recommendation of the City At- torney that said offer of settlement be accepted and the City Auditor be in- structed to draw warrant payable to Craig Kline in the amount of $50.00 for delivery to said claimant upon receipt and execution of appropriate 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 Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. A 5 ugust 1 , Gilbert D. Chavenelle City Manager ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution and referred to the City Attorney after completion. Seconded by Council Member Farrell. Carried by the following vote: Yeas -Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. August 4, 1978 Honorable Mayor & City Council On June 12, 1978; Craig J. Kline of 1233 Washington Street, filed claim against the City of Dubuque in the amount of $60.36 claiming that on June 9, 1978 he damaged the exhaust system of his motor vehicle as the result of the rough condition of Hill Street between Dodge and Wooten Streets. This matter was referred to the City Attorney who has made an investigation thereof, and conferred with the City Street Commissioner and the claimant. Claimant has made an offer of settle- ment of said claim in the amount of Commissioners of the City of Dubuque, Iowa and Dubuque Barge & Fleeting Service Company; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to grant an Exclusive Option to Lease certain real estate; NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the proposal to enter into an Exclusive Option to Lease cer- tain real estate by the Board of Dock Commissioners of the City of Dubuque, Iowa and Dubuque Barge & Fleeting Service Company, pursuant to the terms and conditions of said Exclusive Option to Lease, a copy of which is attached hereto and by reference made a part hereof" be apd the sanie is hereby ap- proved. Section 2. That the Mayor and the Ci- ty Clerk be and they are hereby auth- orized to execute said Option to Lease for and on behalf of the City of Dubuque, Iowa. Section 3. That the City, Clerk be and he is hereby directed to file a certified copy of t\1e Resolution in the office of the Dubuque County Recorder and the of- fice of the City Assessor. Passed. approved, and adopted this 21st day of August,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members -- ,'~,.^',+ SjJecial Session, AURust 21, 1978 -~___~.^~"",-'v_ ... 391 263 in the City of Dubuque. Iowa"loca- ted at the southwest corner of the inter- section of Judson Drive and Asbury Road from R~2 Residential District Classification to R-3 Residential District Classification, 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 Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzherger 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the public hearing be held on the Or- dinance on September 18, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Han aud that the City Clerk be instructed to publ&~ notice of the hear- ing in the manner required by law. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. August 15, 1978 Honorable Mayor and Council Members RE: Rezoning Request Milwaukee-Diamond Street Neighbor- hood The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposal to reclassify pro- perty in the Milwaukee-Diamond Street neighborhood. The subject properties lie in an area bounded by Jackson Street on the east, the City's corporate limits on the north, the bluff on the west side of Central Avenue on the west, and the al- ley between Milwaukee and East 32nd Street on the south. This area is current- ly zoned in Industrial District classifica- tions and the proposed change would ap- ply Commercial and Residential classifi- cations as depicted on the attached vicinity map. In reviewing the .proposed rezoning, the Commission found that the Milwau- kee-Diamond Street area is a neighbor- hood of mixed residential and commer- cial use surrounded by major. arterial streets and commercial and industrial uses. Despite these adverse external conditions residential uses predominate with some 20 of 23 residential structures being owner-occupied and with nearly all homes being well-maintained. Special Session, AUR'ust 21, 1978 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. August 15,1978 Honorable Mayor and Council Members RE: Rezoning Request 3061 Asbury Road The City of Dubuque Planning and Zoning Commission has held a public hearing on a petition submitted by the Powers Land Company requesting re- classification of property at 3061 Asbury Road. At the public hearing, the petitioner presented testimony that the property's location at a corner across from commer- cial uses makes it unsuitable for single- family development. He also suggested that the R-3 Residential District would be preferable as a buffer between those commercial uses and the single-family area to the West. Neighboring property owners, however, presented testimony and a petition bearing 77 signatures in opposition to the proposed rezoning. The basis of their objection was the im- pact of the proposed zoning change on the value of their property for single- family use and the potential fora greater increase in traffic on Judson Drive re- sulting from an increase in density. After hearing the evidence and the testimony presented, the Commission has determined that the proposed rezon- ing would be incompatible with the cur- rent development of adjoining proper- ties to the west and south and that the right-of-way of Judson Drive represents the most logical boundary between the commercial and the single-family devel- opment in the area. Accordingly, the Planning and Zoning Commission has voted to deny the petition for reclass- ification from R-2 Residential District to R-3 Residential District and to recom- mend that you concur in that decision. 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 Members Brady, Farrell, King, Wertzberger. Nays - None. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque. Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying property de- scribed as "Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot ments and to recommend your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. AN ORDINANCE of the City of Dubuque. Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 3-103.9 of Article III, structures permitted above the Height Limits, to establish provisions for church heights and ap- purtenances and further, to repeal max- imum building height in Section 4-104.6 of Article IV and enact a new maximum building height in Section 4-104.6 of Arti- cle IV establishing provisions for church heights and appurtenances in residen- tial and office-residential districts, 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 Farrell. Car" ried by the following vote: Yeas - Mayor Tully, Council Members 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on September _18, .1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hear- ing in the manner required by law. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. Council Member Farrell moved that the "Grandfather Clause" be considered as an amendment to the Ordinance. Se- conded by Council Member King. Car- ried by the following vote: 390 Passed, adopted, and approved this 21st day of August, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ACCEPTANCE OF RESOLUTION NO. 289.78 The University of Dubuque, having read the terms and conditions of Resolu- tion No. 289-78 of the City Council of the City of Dubuque, Iowa, and being fa- miliar with the conditions thereof, here- by accepts the same and agrees to the conditions set forth therein. Dated at Dubuque, Iowa this 21st day of August, 1978. UNIVERSITY OF DUBUQUE By Walter F. Peterson, President By PaulJ. Laube, Secretary August 15. 1978 Honorable Mayor and Council Members RE: Zoning Ordinance Amendments Structures Permitted Above the Height Limits The City of Dubuque Planning and Zoning Commission has held a public hearing on certain amendments to the Zoning Ordinance which establish new provisions modifying building height limitations. A staff report and a copy of these amendments are attached. The proposed amendments are aimed at correcting an oversight in the present Ordinance. They provide for the cus- tomary zoning practice of exempting from district height limits such struc- tures as flag poles, chimneys, spires, and elevator bulk-heads. These amendments also allow for an increase in the limita- tion on Church height from twenty-five feet to seventy-five feet provided great- er yard areas are established. The Planning and Zoning Commission has determined that the proposed amendments are necessary and appro- priate. They have, therefore, voted unanimously. to approve the amend- ATTEST: Leo F. Frommelt City Clerk ~ Ii Special Session, AUll'ust 21, 1978 ~.3L....::"._~ -.~--',"",~"~ ,_~.~;,j.,>""",..,..)", ZJ - 392 393 ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Counil Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - None. Abstain - Council Member Wertz- berger. Communication of Pat Flanagan, Chairman of Physical Education Depart- ment at Loras College indicating an in- terest to serve on the Playground & Recreation Commission, presented and read. Council Member Wertzberger moved that the communiction be receiv- ed and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Kiwanis Club requesting permission to conduct a Kids Day Pea- nut Sale on September 15, 1978, presen- ted and read. Council Member Wertz- berger moved that the request be ap- proved subject to coordination of the Ci- ty Manager. Seconded by Council Mem- ber King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Honorable Mayor and City Council Attached is the petition of John C. Grot john for the vacation of a portion of Alta Vista Street. The City Engineer investigated the situation and recommends that the re- quested portion of Alta Vista be vacated. It does not appear, however, that Mr. Grot john is the record title holder of the adjacent properties. Mt. Grot john is be- ing contacted to check on this situation. If there are several abutters we should get their written assent. Also, the pro- perty should be valued and a selling price established. We are awaiting the report of abut- ting property ownership before going further with the request for vacation. Gilbert D. Chavenelle City Manager Council Member Wert?:berger moved that the communication be received and filed and referred to the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. August 15, 1978 Special Session, AUll'ust 21, 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 Tully, Councr Brady, Farrell, King. Nays - None. Abstain - Counc berger. RESOLUTION NO. 292.78 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, Tbe premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued the following named applicants a Liquor Li- cense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Lighthouse Corporation, 2560 Dodge St. Darlene Sexton (Also Sunday Sales) 1602 Central Ave. The Redstone, Inc., 504 Bluff St. Neldia Fitzgibbons (Also Sunday Sales) 1700 Central Ave. James R. Bainbridge, 1375 Locust St. Melvin A. Spiegel halter (Also Sunday Sales) 1029111. Main St. Passed. adopted. and approved this 21st day of AUglH~t, 1978. Thomas A. Tully Jr. Mayor D. Michael King- James E. Brady Carolyn Farrell Council Members CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea Co., Inc. (Also Sunday Sales) 3333 Asbury Rd. Dubuque Packing Co., 701 E. 16th St. Earl Glenn Corbett (Also Sunday Sales) 408 West Locust St. Kenneth Leo Simon (Also Sunday Sales) 2418 Central Ave. Passed, adopted, and approved this 21st day 01 August, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members Wertz- Members Member 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on September 18, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hear- ing in the manner required by law. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 290.78 BE IT RESOLVED, By the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cig- arettes and Cigarette Papers within said City. Darlene Sexton, 1602 Central Ave. Mike McCann's, 690 West Locust St. Passed, adopted, and approved this 21st day of August,1978. Thomas A. Tully Jr. Mayor 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 Members Brady, Farrell, King. Nays - None. Abstain - Council Member Wertz- berger. RESOLUTION NO. 291-78 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 THEREFORE BE IT RE- SOLVED, By the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued tothe following named applicants a Beer Per- mit. This area was placed in Its current In. dustrial classification in 1975 in recogni- tion of surrounding uses and a long- range land-use plan which calls for a mixed commercial and industrial development in the area north of East 32nd Street. The proposal to change the status of zoning in the neighborhood comes as a result of a continuing friction between residents and adjoining com- mercial operations. After considering the facts and testi- mony presented at the hearing, the Com- mission has determined that the propos- ed rezonings as shown on the attached vicinity map are appropriate and in the public interest. The proposed changes reflect current land use, and thus pro- vide a temporary stabilization for the area. The proposed changes will also protect the area from a disorderly tran~ sition to contemplated commercial and industrial development by requiring that such development be approved through the. rezoning process rather than by sporadic conversion under cur- rent zoning. Accordingly, the Planning and Zoning Commission by unanimous vote has ap- proved the proposed reclassification of the Milwaukee-Diamond Street area and recommends your favorable considera~ tion. 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 Members 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 reclassifying properties in the Diamond-Milwaukee Street Neighbor- hood from Industrial District Classifica- tions to Commercial and Residential Dis- trict Classification, 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 following vote: Yeas ~ Mayoi' Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the rule requiring an Ordinance to be received. and filed at two meetings "" 395 ~ Re/(ular Session, September 4, 1978 CITY COUNCIL OFFICIAL Regular Session, September 4. 1978 No members of the Council being pre" sent the meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved. . . .. . . .. .. .. . .. .. .. .. 1978 Adopted. . . . .. . . .. . .. .. . . .. .. .. 1978 Council Members ATTEST: City Clerk ,"_h'.-'_ -"_~._" _'.-OJ.. Special Session, August 21, 1978 _ -.:::---~~"._~ -~-""'""~"='v~"-'''', 394 Services, 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Notice of Claim of Delbert J. Noel. in the amount of $31.47. for personal in. juries received on Bunker Hill Golf Course on June 28. 1978. presented and read. Council Member Wertzberger moved that the Notice of Claim be refer- red to the City Attorney for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Nile Harper et al (13 signers) opposing to proposed expansion of the Student Parking Lot between Bennett & Hale Streets and the pro- posed opening onto Hale Street from said lot as planned by the University of Dubuque, presented and read. Council Member .Farrell moved that the petition be referred to City Staff to report back at next Council Meeting. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. There being no further business, Council Member Wertzberger moved to adjourn. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved 1978 Adopted. 1978 - - - - - CouncIl Members ATTEST: - City Clerk August 15.1978 Honorable Mayor and City Couneil Attached is a copy of the petition of Mrs. Ross Morley for the vaeation of an alley at 693 Kaufmann. The petition was referred to the City Manager at Couneil meeting of August 7th with instruetions to report back to Couneil August 21st. The petition has been investigated by the City Engineer. The Morley home is loeated on the alley. A letter has been sent to the peti- tioner along with a plat showing the sec- tion of alley we would recommend for va- eation. We have asked the petitioner to eon- tact other abutters to the alley for their written concurrence. It was explained to the petitioner that she would pay the cost of survey and plat, the cost of notice and filing plus one hundred dollars. We a wait the response of the peti tioner. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed and referred to the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. MINUTES SUBMITTED BY Five Flags Commission of their meeting of August 1, 1978; Citizens Advisory Com- mission of their meeting of July 25,1978; Playground & Recreation Commission of their meeting of July 17, 1978; Com- munity Development Commission of their meeting of August 8, 1978 and Planning & Zoning Commission of their meeting ot August, 14, 1978, presented and read. Council Member Wer.tzberger moved that the minutes be received and filed. Seconded by Comicil Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Northwestern Bell requesting permission to cut into a por- tion of a ten year street along University A venue from Loras to Asbury, presen- ted and read. Council Member Wertz- berger moved that the request be ap- proved subject to City Engineering ap- proval. Seconded by Council Member Farrell. Carried by the following vote: Yeas" Mayor TuUy ,Council Members Brady"Farrell, King, Wertzberger. Nays - None. Communications of Iowa D.E.Q. sub- mitting water main construction permit for Schiltz Sub. No. -2 also sewer con- struction permit for Hillcrest Family