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1978 October Council Proceedings 433 the Board of Adjustment for their expan- sion as a Conditional Use. At the public hearing, proponents of the application presented testimony re- garding the public need and support for the existing and expanded YMCA-YWCA facilities. Neighboring property owners presented testimony and the attached pe- titions bearing 79 signatures opposing the reclassification. In addition, the Com. mission received one letter in support of and some eighteen letters in opposition to the application. Those opposed to the re- zoning pointed to the impact of the pro- posed change on property values and a concern for increased traffic, noise and other problems related to the operation of the YMCA-YWCA. There was particular concern expressed regarding the poten- tial uses of the property under the 0R-1 District and the possibility of other re- quests for rezoning in the area. In an effort to address some of the neighbors' objections, the applicant re- quested by the attached letter dated Sep- tember 19, 1978, that the property on the northernmost side of the YMCA-YWCA property be excluded from the rezoning request. That amendment to the applica- tion would allow the property nearest Parkway Street to be used only for &-2 District uses as is presently the case. After considering the evidence and tes- timony presented, the Commission has concluded that a reclassification of the subject properties to allow the expansion of the YMCA-YWCA facilities would be in the public interest. The Commission finds that there is a public, need for an ex- panded YMCA-YWCA facility as evi- denced by the range and type of activities offered and the broad community support of its fund raising effort. In addition, the Commission finds that such a rezoning would not be contrary to the established pattern of land use as the YMCA-YWCA facility presently occupies a major por- tion of the properties to be reclassified. Finally, a zoning change would permit the YMCA-YWCA to expand its off-street parking facilities and thus ,reduce the street parking which has been a problem in the neighborhood. Accordingly, the Planning and Zoning Commission has voted to recommend that the properties included in the appli- cation of the YMCA-YWCA as amended and as legally described in the attached ordinance be reclassified from the R-2 Residential District tothe OR-l"a" Office- Residential District. The Commission has determined that the OR-1"a" District which provides for a more restrictive building height and more restrictive lot coverage than permitted in the OR-1 Dis- trict would be more compatible with the surrounding uses. Also, the exclusion Regular Session, October 2, 1978 C Regular Session, October 2, 1978. Council met at 7:30 P.M. (C.D.T.J Present - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that service thereof had been duly made and this meeting is THE REG ULARL Y MONTHLY MEETING OF THE COUN- CIL called for the purpose of acting upon such business as may properly come be- fore the meeting. Mayor Tully announced the following members to serve on a Ad Hoc Commit- tee to promote favorable consideration of Hotel-Motel Tax Referendum: Donald Meyers, James Brady, Thomas A. Tully, Jr., Carolyn Farrell, Richard Wertz- berger, D. Michael King, David-Bonnett, Gent Wittenberg, Vaughn Gayman, Jean Cheever, Mike Reilly, Joseph Wachtel and John Goodman. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider rezoning of various lots in M.L. 158 (Dodge & Booth-YMCA/YWCAlfrom R-2 Residential to OR-1 Office Residential District Classification, presented and read. Council Member Wertzberger mov- ed that the proof of publication be receiv- ed and filed. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Honorable Mayor and City Council RE: YMCA-YWCA Building Corpora- tion of Dubuque, Rezoning Request, Dodge Street and Booth Street The City Planning and Zoning Com- mission has held a public hearing on the application of the YMCA-YWCA Build- ing Corporation of Dubuque. Iowa, for re- classification of certain properties as le- gally described in the attached ordinance and located west of Booth Street and north of Dodge Street. The application is to reclassify the properties from an R-2 Residential District to the OR-I Office- Residential District as shown on the at- tached map. The YMCA-YWCA requested the pro- posed rezoning so as to allow an expan- sion of their existing facilities at 35 North Booth Street. The YMCA-YWCA which is categorized as a private club is present- ly a non-conforming use in the R-2 Resi- dential District and as such is not permit- ted to expand. The proposed rezoning would permit them to request approval of OFFICIAL September 21, 1978 ity Council 435 to balance that strategy against the hard- ship created for the applicant by the passage of a State law. Accordingly, the Planning and Zoning Commission has voted to recommend that the property at 2369 White Street be reclassified from the present R-4 Residen- tial District to the C-2 Local Service Com- mercial District. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner Council Member Wertzbcrger moved that the communication he received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell. King, Wertzherger. Nays None. AN ORDINANCE of the City ofDubu- que, Iowa, providing that the c'ode of Or- dinances. City of Dubuque, Iowa, be amended by revising Appendix A there of. also known as t.he "Zoning Ordinance and Zoning Map of t.he City of Dubuque. Iowa" by rC'classifying- property at. 2369 White Street. from R-4 Residential Dis- t.rict. Classificat.ion to C-2 Local Service Commercial District Classification, pre- sented and read. Council Member Wert7. her~er moved that the reading just had be considered the first reading of the Or- dinance. 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 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, CounCll Members Brady, Farrell, King, Wertz bergeI'. Nays - ~one. Council Member Wertzberger moved that a public hearing be held on the Ordi- nance on November 6, ]978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed t.o publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members ilrady, Farrell, King, W ertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Vacation and Sale of an alley between Ethel A venue and Prysi Street at its junction with Univer- sity Ave. now platted as Lots A & B in J. S. Brunskill's Addition, presented and read. No written objections were filed Regular Session, October 2, 1978 Leo F. Frommelt City Clerk 1t 10/5 Council Member Wertzberger moved final adoption of the Ordinance as Amended. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Brady. Council Member Brady moved to refer to the Planning & Zoning Commission to consider another way of Or-lor OR_ua" Zoning in the case of the YM-YWCA. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas" Mayor Tully, Council Members Brady, Farrell. Wert"bcrger. Nays - Council Member King-. Couneil recessed at 9:12 P.M. Reconvened at 9:20 P.M. September 21, 1978 Honorable Mayor and City Council HE: Beecher Co.. Inc.. Rezomng- He quest, 2369 White Street On September 20, 1978, the City Plan- ning and Zoning- Commission held a public hearing on t.he application of Beecher Co., Ine. for redassification of property 10 cated at 2369 Whitt' Street. The applica- tion is t.o reclassify the property from an R-4 Residential District to the (;-2 Local Service Commercial District as shown on the attaehed map. This application was originally review- ed by the Planning and Zoning Commis- sion at their meeting of July 17, 1978. At that timethe Commission voted to deny the request on the basis that such a change would be contrary to the zoning strategy for the area established with thc 197GOrdinance. That strateg-y is aimt'd at containing commercial developmf'nt to major art-erial streets and limiting fur ther encroachment into residential neig-hborhoodfJ. A t your request, the Commission call- ed a public hearing to reeonsider its re- commendation to of'ny the application. As sug-gested in the attached letter from t.he City Clerk, the Commission weighed the position in which the applicant was plaeed by passag-e of the "Bot.tle Bill." That legislation, which becomes effectivf' July 1, 1979, wil1 require that the appli- cant provide additional storage spaee to handle an lnnease of bot.tle returns. In reviewing-this matter, the Planning and Zoning Commission has determined that the established zoning strategy for the area remains sound and that strict adherence to it would require the denial of the application. However, the Commis- sion also determined that it is appropriate this 5th day of Octo- Herald Newspaper ber, 1978. "~c~.~.o =~ -n., .'."':.- ~...~ '~,",' '".',"",,', "" --- -- _ t.- ~~~ . :_~. ~ ...,'__::.'c..:..; -".=,-,.~? ;::=:,;;- ''''''= Regular Session, October 2, 1978 IDENTIAL DISTRICT CLASSIFICA- TION TO OR.1 OFFICE RESIDENTIAL DISTRICT CLASSIFICATION, (YMNWCA) said Ordinance having been previously presented and read at the Council Meeting of September 5, 1978, presented for final adoption. ORDINANCE NO. 56.78 AN ORDINANCE OF THE CITY OF DU. BUQUE,IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OFTHE CI- TY OF DUBUQUE, IOWA" BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY AT BOOTH AND DODGE STREETS FROM R.2 RESIDENTIAL DISTRICT CLASSIFICATION TO OR. 1"A" OFFICE.RESIDENTIAL DISTRICT CLASSIFICATION. NOW, THEREFORE, BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CI- TY OF DUBUQUE, IOWA: Section 1. That the Code of Ordin.anc- es of the City of Dubuque, Iowa. be amended by revising Appendix A there- of, also known as the ''Zoning Ordinances and Zoning Map of the City of Dubuque, Iowa ", by reclassifying hereinafter de- scribed property from "R-2 Residential District" classification to "OR-1"a" Of- fice-Residential District" classification to wit: Lot 1 of Lot 1 of Lot 6 of Mineral Lot 158, except the Northerly 175 feet thereof; Lot 2 of Lot 6 of Mineral Lot 158, except the Northerly 175 feet thereof;' West 6'ofLot 1 of Lot 2 of Lot 1 of Lot 6 of Mineral Lot 158,' East 56' of Lot 1 ofLot20fLot1 of Lot 6ofMiu.- eral Lot 158,' Lot :2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 5 of Mineral Lot 158; Lot 2 alLot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 4- of Mineral Lot 1.58; Northerly 92.55 feet of the South Part of Lot 2 olLot 3 of MineralLot 158; and the South Balance of the South Part of Lot 2 of Lot 3 of Mineral Lot 158 all in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D, Michael King Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph 434 from rezoning of the northernmost por- tion of the property will afford further protection to surrounding uses, particu- larly those along Parkway. CITY PLANNING AND ZONING COMMISSION James D, Burke Associate City Planner 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. The following addressed the Council as being in favor of the rezoning: Gordie Mills, King Heer, Wayne Norman, Chuck Kintzinger, Doug Brotherton, Rev. Most, Carol Lauritsen, Lily Moes, Sharon Han- non and Robert Bonnewell. The following voiced objections to re- zoning: Attorney Art GiHoon, represent- ing the neighbors, Jerry Eberhardt, Don- na Gibson, Mark Gibson and Odra Eber- hardt. Petitions of Mrs. Wm. R. Haberetal (80 signers), Helen Gratiot of 1440 Parkway, Jerry & Odra Eberhardt, 1480 Parkway, and Mark & Donna Gibson of 1465 Park- way, objecting to the reclassification of YMCA.YWCA property to OR.! or OR. 1 "a" for various reasons, presented and read, Council Member Wertzberger mov- ed that the petitions be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tuny, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Edward J. Schuster of 1418 Parkway requesting proposal to retain present classification of residential but to permit the one-time. exception allowing reasonable but limited expansion of the YMCA/YWCA facility, presented and read. Council Member Wertzberger mov- ed that the petition be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. City Attorney Russo advised he was of the opinion there was no legal infirmity on voting on OR-l"a". ORDiNANCE NO. 56.78 AN ORDINANCE OF THE CiTY OF DU- BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CiTY OF DU. BUQuE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RE- CLASSIFYINlfPROPERTY AT BOOTH AN.D DOQGESTREETS FROM R-2 RES. 435 to balance that strategy against the hard- ship created for the applicant by the passage of a State law. Accordingly, the Planning and Zoning Commission has voted to recommend that the property at 2369 White Street be reclassified from the present R-4 Residen- tial District to the C-2 Local Service Com- mercial District. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner Council Member Wcrtzberger 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 ofDubu- que, Iowa, providing that the Code of Or- dinances, City of Dubuque, Iowa, he 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 at 2Sfj9 Whit.e Street from R-4 Residential Dis- trict Classification to C-2 Local Serviee Commercial Dist.rict Classification, pre- sented and read. Council Member Wertz- berger moved that the reading just had be considered the first reading of the Or- dinance. 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 rule requiring an Ordinance to be received and filed at two meeting'S prior to the meeting when final action is taken, be dispensed with. Seconded hy Council Member r'arrdl. Carried by the following vole: Yeas - Mayor Tully, Council MembN.'; Brady, F'arr('ll, King, Wertzberger. Nays - :-.Jone. Council Member Wcrtzberger moved that a public heariPg be held on the Ordi oance on November 6. 1978 at 7:S0 o'elock P.M. in the Council Chamher at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner ret]uired by law. S('conded by Council Member Farrell. Carri('d bv th(' following vote: ' Yeas - Mayor Tully, Council Memhers Brady, Farrell, King, W ertzberger. Nays - None. Proof of Publication, certified to bv the Publisher, of Notice of Vacation ani Sale of an alley between Ethel Avenue and Prysi Street at its junction with Univer- sity Ave. now platted as Lots A & Bin J. S. Brunskill's Addition, presented and read. No written objedions were filed Regular Session, October 2, 1978 Leo F. Frommelt City Clerk It 10/5 Council Member Wertzberger m01)ed final adoption of the Ordinance as Amended. Seconded by Council Member King. Carried by the following vote: Yeas" Mayor Tully, Council Members Farren King, Wertzberger. Nays. Brady. Council Member Brady moved to refer to the Planning & Zoning Commission to consider another way of Or-lor OR-"a" Zoning in the case of the YM-YWCA. Seconded hy Council Member Wertzber- ger. Carried by the following- vote: Yeas - Mayor Tully, Council Members Brady. Farrell, Wcrtzherger. Nays - Council Member King-. Council recE'ssed at 9:"12 P.M. Ht't'onVt>nNl at. 9:20 P,M. SepLer 21, 1978 Honorahle Mavor and City Coun~il RE: Beecher Co., Inc., Rezoning Re- quest, 2369 White Street On September 20, 1978, the City Plan- ning and Zoning Commission held a public hearing on the application of Beecher Co., Inc. for reclassification of property lo- cated at 2369 White Street. The applica- tion is to reclassify the property from an R4 Residential District to the (;-2 I Jocal Service Commercial District as shown on the attached map. This application was originally review ed by the Planning and Zoning Commis- sion at their meeting of July 17, 1978. At that timethe Commission voted to deny the request on the basis that such a change would be contrary to the zoning- strategy for t.he area established with the 19750rdinance. Thatstrategy is aimed at eontaining- commercial d('velopmt'nt to major arterial stl'epts and limiting fur- ther eneroaehment into residential neighborhoods. A t your request, the Commission eall- pd a public hf'aring to r('C'onsider its r('- commendation to deny t.he app1ic,ation. As suggested in the attached letter from the City Clerk. the Commission weighed the position in which the applicant was placed hy passage of t.he "Bottle Bill." That legislation, which becomes effeetive .July 1, 1979, will require that the appli- cant provide additional storage space to handle an increase of bottle returns. In reviewing this matter, the Planning and Zoning Commission has determined that the established zoning strategy for the area remains sound and that strict adherence to it would require the denial of the application. However, the Commis- sion also determined that it is appropriate Herald Newspaper this 5th day of Octo- ber, 1978. ~~ c_ ~- -*= ~4- -_............-- ---',_. -~ F ~ -----f , -~- ~ -=+ ~ ------~ Regular Session, October 2, 1978 IDENTlAL DISTRICT CLASSIFICA. TION TO OR-l OFFICE RESIDENTIAL DISTRICT CLASSIFICATION, (YMJYWCA) said Ordinance having been previously presented and read at the Council Meeting of September 5, 1978, presented for final adoption. ORDINANCE NO. 56-78 AN ORDINANCE OF THE CITY OF DU. BUQUE,IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI. NANCE AND ZONING MAP OF THE CI. TY OF DUBUQUE,IOWA" BY RECLAS. SIFYING HEREINAFTER DESCRIBED PROPERTY AT BOOTH AND DODGE STREETS FROM R.2 RESIDENTIAL DISTRICT CLASSIFICATION TO OR. l"A" OFFICE-RESIDENTIAL DISTRICT CLASSIFICATION. NOW, THEREFORE, BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CI. TY OF DUBUQUE,IOWA: Section 1. That the Code of Ordinanc- es of the City of Dubuque, Iowa. be amended by revising Appendix A there- oj; also known as the ''Zoning Ordinances and Zoning Map of the City of Dubuque, Iowa ", by reclassifying hereinafter de- scribed property from "R-2 Residential District" classification to "OR-l"a" Of- fice-Residential District" classification tQwit: Lot 1 of Lot 1 of Lot 6 of Mineral Lot 158, except the Northerly 175 feet thereof; Lot.2 of Lot 6 of Mineral Lot 158, except the Northerly 175 feet thereof; West 6'ofLot 1 of Lot ;lofLot 1 of Lot 6 of Mineral Lot 158; East 56' of Lot 1 of Lot 2 of Lot 1 of Lot 6 of Min- eral Lot 158; Lot :2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 5 of MineTfd I,ot 158; Lot 2 of Lot 2 vfLot 1 of Lot 1 of Lot 1 of Lvt 4 of Mineral Lot 158; Northerly 32.55 feet of the SQuthParl of Lot 2 of Lot :I of Mineral Lot 158; and the South Balance of the South Part of Lot 2 of fA)t:l oflvIineralLot 1!i8all in the City of Dubuq'ue, lowa. 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 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael Ki.ng Carolyn Farrell Council Members ATTEST, Leo F'. Frommelt City Clerk Published officially in the Telegraph 434 from rezoning of the northernmost por- tion of the property will afford further protection to surrounding uses, particu. larly those along Parkway. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner 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. The following addressed the Council as being in favor of the rezoning: Gordie Mills, King Heer, Wayne Norman, Chuck Kintzinger, Doug Brotherton, Rev. Most, Carol Lauritsen, Lily Moes, Sharon Han- non and Robert Bonnewell. The following voiced objections to re- zoning: Attorney Art Gilloon, represent- ing the neighbors, Jerry Eberhardt, Don- na Gibson, Mark Gibson and Odra Eber- hardt. Petitions of Mrs. Wm.R. Haber et a1 (80 signers), Helen Gratiot of 1440 Parkway, Jerry & Odra Eberhardt, 1480 Parkway, and Mark & Donna Gibson of 1465 Park- way, objecting to the reclassification of YMCA-YWCA property to OR-lor OR- 1 "a" for various reasons, presented and read. Council Member Wertzberger mov- ed that the petitions be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas" Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Edward J. Schuster of 1418 Parkway requesting proposal to retain present classification of residential but to permit the one-time exception allowing reasonable but limited expansion of the YMCAfYWCA facility, presented and read. Council Member Wertzberger mov- ed that the petition be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brad'y, Farrell, King, W ertzberger. Nays - None. City Attorney Russo advised he was of the opinion there was no legal infirmity on voting on OR-l"a". ORDINANCE t.JO. SG.78 AN ORDINANCE OF THE CITY OF DU- BUQUE,IOWA, PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY RE. VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RE. CLASSIFYING"PROPERTY AT BOOTH AND DODGE $TREETS FROM R-2 RES. I 437 advising and counseling the City Council in the area or areas of cultural develop- ment of the resources available within the City in the fields of art. music, drama and in the local history field; and WHEREAS, the tasks for which the Committee was organized have been com- pleted; and WHEREAS, other agencies, boards and commissions, both public and private, have been organized and have assumed responsibilities for the advancement of various cultural activities for the City of Dubuque; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Resolution No. 128-61 adopted by the City Council on May 1,1961 establishing the Cultural Ad- vancement Committee be and the same is hereby repealed and existence of said Committee is hereby terminated. Passed. adopted. and approved this 2nd day of October. 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 on amend- ment of Current Budget. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the following ATTEST: vote: Leo F. Frommelt Yeas - Mayor Tully, Council Members City Clerk. Brady, Farrell, King, Wertzberger. Council Member Wertzberger moved Nays - None. adoption of the Resolution. Seconded by Proof of Publication. certified to by the Council Member Farrell. Carried by the Publisher, of Notice of Hearing indicating following vote: use of Revenue Sharing Fund expendi- Yeas _ Mayor Tully, Council Members tures, presented and read. No written ob. Brady, Farrell, King, Wertzberger. jections were filed and no oral objectors Nays _ None. were present in the Council Chamber at RESOLUTION NO. 327.78 the time set for the hearing. Council WHEREAS. the City Council under Me-mber Wertzberger moved that the date of May 1, 1961, adopted Resolution proof of publication be received and filed. No. 128-61 establishing a Cultural Ad~ Seconded by Council Member Farrell. vancement Committee for the purpose of Carried by the following vote: Regular Session, October 2,_1978 Section 1. That the disposal of interest of the City of Dubuque, Iowa in the real estate described as: Lot A in J.B. Brunskill's Addition in the City of Dubuque, Iowa to ROSEMARY WILHELM be and tbe same is hereby approved for the total pur- chase price of $1420.00, plus costs ofpubli- cation and filing fee, that conveyance shall be by Quit Claim Deed, no abstract will be furnished and City of Dubuque, Iowa retains and reserves to itself perpe tual easement rights for utilities located therein and right of ingress and egress to repair and maintain the same. Section 2. That the disposal of interest of the City of Dubuque, Iowa in the real estate described as: Lot B in J .S. Brunskill's Addition in the City of Dubuque, Iowa to ROBERT SIG WARTH be and the same is hereby approved forthe total pur- chase price of $380.00, plus costs of publi- cation and filing fee, that conveyance shall be by Quit Claim Deed, no abstract will be furnished and City of Dubuque re- tains and reserves unto itself perpetual easement rights for utilities located therein and right of ingress and egress to repair and maintain the same. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of conveyance conveying the above described real estate to Rosemary Wilhelm and Robert Sigwarth, respec- tively, upon receipt of the purchase price in full. Section 3. That the City Clerk be and be is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Re- corder. the Dubuque County Auditor and the City' Assessor. Passed, adopted, and approved this 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Regular Session, October 2, 1978 Lot B in J.S. Brunskill's Addition in the City of Dubuque, Iowa to Robert Sigwarth, for the purchase price of $380.00., plus costs of publication and filing fees; that no abstract of title will be furnished and conveyance shall be by Quit Claim Deed and the City reserves and retains easements for utilities located therein and right of ingress and egress to repair and maintain the same. Section 3. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of in- terest in real estate as is by law required. Passed. . adopted. and approved this 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Leo F. Frommelt City Clerk it 10/5 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 326.78 WHEREAS, pursuant to Resolution and published notice of time and place of hearing. published in the Telegraph-Her- ald, a newspaper of general circulation published in the City of Dubuque, Iowa on September 21, 1978. the City Council of the City of Dubuque, Iowa met on the 2nd day of October, 1978, at 7:30 o'clock P.M. (CDT)in the City Council Chambers, City Hall, Dubuque, Iowa to consider the pro- posal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter described, to ROSEMARY WILHELM and to ROBERT SIGW ARTH, respec- tively; and WHEREAS, the City Council of the Ci- ty of Dubuque; Iowa overruled any and all objections. oral or written, to the propos- al to dispose of interest of the City of Dubuque, Iowa in the hereinafter de- scribed real estate to ROSEMARY WIL- HELM and to ROBERT SIGWARTH, respectively; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of Octo- ber, 1978. 436 and no oral objectors were present in the Council Chamber at the time set for hear- ing. Council Member Wertzberger mov- ed that the proof of publication be receiv- ed and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. OHDINANCE NO. 57.78 AN ORDINANCE VACATING THE AL. LEY LYING BETWEEN ETHEL AVE. NUEAND PRYSI STREET AT ITS JUNC. TURE WITH UNIVERSITY AVENUE IN THE CITY OF DUBUQUE, IOWA AND AUTHORIZING DISPOSAL OF SAME, said Ordinance having been previously presented and read at the Council Meet- ing of September 18, 1978, presented for final adoption. ORDINANCE NO. 57.78 AN ORDINANCE VACATING THE AL. LEY LYING BETWEEN ETHEL AVE- NUE AND PRYSI STREET AT ITSJUNC. TURE WITH UNIVERSITY AVENUE IN THE CITY OF DUBUQUE, IOWA AND AUTHORIZING DISPOSAL OF SAME. WHEREAS, Rosemary Wilhelm and Robert Sigwarth have petitioned the Ci- ty Council of the City of Dubuque, Iowa for the vacation of a 20 foot alley lying be- tween Ethel A venue and Prysi Street at its juncture with University A venue 1:n the City of Dubuque, Iowa be vacated and the same be sold to said petitioners; and WHEREAS, Planning and Zoning Commission of the City of Dubuque, Iowa has approved the vacation of said describ. ed alley; and WHEREAS, the City Council of the City of Dubuque, Iowa finds and deter- mines that said alley should be vacated as it serves no further public purpose and that same should be sold; NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That the alley lying be- tween Ethel A venue andPrysi Street at its juncture with University A venue in the City of Dubuque, Iowa be and the same is hereby vacated, and that said a~ ley has been platted and hereafter to be known and described as: Lot A andLotBinJ.S. Brunskill's Ad- dition in the City of Dubuque, Iowa. Section 2. That the disposal of the in. terest of the City of Dubuque, Iowa in said vacated alley be and the same is hereby approved and saicl'real estate be sold as follows: Lot A in J.S. Brunskill's Addition in the City of Dubuque, Iowa, to Rose- mary Wilhelm, for the purchase price of $1420.00. plus costs of publication filing fees; Regular Session, October 2, 1978 439 EWAGE RENTAL FUND - As Certified As Certified - or Last Amount of Amount 01 --- Amended on Change, mendedt _~mended on I Chan~e I Amended to: 1. Total Begin. Cash Bal. 941,993 941,00. 2. Non-Property TaKIncom, 1,864,967 1,864,00' 3.Statc.SharedRevcnue ~~o 736,448 2,070,512 ~ 355 ~ _ 2,034,888 27,504 2,070,512 {7,324 7,82' 7,32' 1,461 5,85! Policy and Administration Home I. Comm. Environment 12,848,685 13,664.674 Human Developmenl 2,710,407 2,806,799 7,3241 Community Protection 1,013,169 1,044,169 There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased 000- property tax revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. Leo F. Frommelt City Clerk Passed this 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Itichard VVertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 3,439,07 524,27 2,914,797 2.914,79 186,30 19.307 2,709,18 50,715 (57,657) 108,372 108,372 4,307. 104,06fi Yeas - Mayor Tully, Council Members Brady, Farrell, King, VVertzberger. Nays - None. Communication of Louis J. Jaeger et ux, by Attorney Leifker, submitting a proposed resolution approving prior plat on Lots 1 and 2 of Lots 1 thru 19 of Jaeger Heights and requesting the matter be re- ferred to Planning & Zoning Commission, presented and read. Council Member Wertzberger moved that the communica- tion be referred to the City Attorney and Planning & Zoning. Seconded by Council Member Farrell. Carried by the following vote: ATTEST: Leo F. Frommelt City Clerk I hereby certify the above transactions to be a true copy ofthe proceedings ofthe city council and the resolutions passed in the above matter. October 2,1978 Leo F. Frommelt City Clerk Council Member VV ertzberger moved adoption of the resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, VVertzberger. Nays - None. OTHER FEDERAL MONIES FUND mended to: _381.131 1,550,274 , --j Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Hempstead High School re- questing permission to conduct their an- nual Homecoming Parade on October 20, 1978, presented and read. Council Mem- ber VV ertzberger moved that the request be approved subject to implementation of the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Communication of City Manager re- commending that provisions of Code of Ordinances be enforced and that the own- ers of a building located on Lot 161 Bel- mont Addn. be required to dismantle same, presented and read. Council Mem- ber VVertzberg-er moved that the recom- mendation be approved and a public hear- ing be held on November 6, 1978 at 7:30 o'clock P.M. in the Council Chambers in City Hall and City Clerk directed to pub- lish notice and notify owners as required by law. Seconded by Council Member Brady. Carried by the following vote; ~~Q!._ 1,931,401 (2,000 57,371 576,050 1,874,034 576,050-----1.~4,03 _ 280,000 _~5,652 1,512,982 15.400 1,874,034 39,652, 520,9981 15,400: 576,05(11 1,357,355 59,371 ~9!~ 1,297,984 280,000 _26,000 991,894 12,10: 1,771,870 (J4,OOO: _~6,068 26,102 .1,215,802 _~~!Q..._~215,802 940,892 _.~5~5 202.9~5 n,037 51,945 20,000 26,102 1,215,802 1.297,984 Reason: Carryovers from FY78 budget of $574,050 and $2,000 Washington St. Tool Library. 4. Property Tax Aski!:g _~ 5. Total Resources 2,806,960 6: Less, Workiog Ba1.(Res.l 743,772 7. Net Resrcs.for Expnd. 2,063,188 8. Total Requirements 2,063,188 9. Community Protection 355 ~O. Human Development 6,355 11. Home & Comm. Env!!~ __ 2,028,974 12. Policy llod Admiois. .27,504 13. Total Exp_enditu~~. __ 2,063,188 PROGRAM TOTALS FROM: 14 --.--- TO: 15 5,711,648 5,727,023 ROAD USUAX ,UNOC As Certllied mount or Lest of Am_~tnded on_ Change mended to: 1,036,702 50,715 1,087,!!: 1,101,655 1,101,651 1,250,000 1,250,001 3,388,357 581,932 2,806,425 2,806,425 186,309 15,000 2,605,116 ~mended to: 1,495,750 3,817,412 657,000 5,142,896 11,113,058 _734.998 10,378,060 10,378.060 2,923,778 2.145,500 4,511,381 797,401 10,378,060 2,914,7971 Reason: Carryovers from FY78 of $50,715 and new projects include Old Mill Bridge and Freeway 661 Phase II Study. Amount of Change ~~~11 194,2~ AsCertilled or Last Amended on ----..!&!Q. 1,356,000 REVENUE SHARING FUND mended to: 769,87 1,002,000 Regular Session, October 2, 1978 ing the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifica- tions proposed at the hearing, if any. Thereupon, the following resolution was introduced: RESOLUTION NO. 328.78 A Resolution Amending the Current Budget for the Fiscal Year Ending June 30, 1979. Be It Resolved by the Council of the Ci- ty of Dubuque, Iowa: Section 1. Following notice published September 21, 1978, and the public hear- ing held October 2,1978, the current bud- get (as previously amended) is amended as set out herein. 438 Yeas - Mayor Tully, Council Members Brady, Farrell, King, VVertzberger. Nays - None. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Dubuque County, Iowa, and to the State Comptroller: The Council of the City of Dubuque in said county met on October 2, 1978, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed- amendment, it was consid- ered and taxpayers were heard for or against the amendment. The Council, after hearing all tax- payers wishing to be heard and consider- Change 178,43: 36,441 214,881 (26,028] 2~O,OO8 240,908 15,37 35,903 174,03 15,600 240,908 ~317,319 3,780,963 657,000 5,142,896 10,898,178 ----261,026 10,137,152 10,137,152 _2,908,403 2,109,597 4,337,351 781,801 10,137,152 1. Total Begin. Cash Hal 2. Non.Proporty Tax Income 3,Stllte-ShllredRevenue 4. Property Tax Asking 5. Total Resoureei 6. Loss, Working Bal. (Res.l 7. Net Resres. for Expnd. 8. Total Roquirements 9. Community Proteetion 10. Human Development 11. Home & Comm. Environ. 12. Policy and Adminis. 13. Totai Expenditurei 108.372 2,806,425 Reason: Carryovers from FY78 bndget $178,431; new new grants of $16,000; out- side assistance $20,949; and new programs of $26,028. Amount 01 Change -l2.i021 As Certified or Lasl Amended on 757,768 1,002.000 1,759,7~ ~0,068 1,189,700_ 1.189,700 940,892 187,900 40,908 20,000 1,189,700 1. Total Begin. Cash Hal. 2. Non-Proporty Tax Income 3.State.SharedRevenue 4. Property Tax Asking 5. Total Resources _ 6. Less, Working Hal. (Res.) 7. Net Resres. for Expnd. 8. Total Requirements ~_ 9. Community Protection 10. Human Development H. Home & Comm. Environ. 12. Policy and Adminis. 13. Total EXE,endituros Reason: Carryovers from FY78 budget of $12,102 and engineering on for 17th St. Storm Sewer $14,000. Far- WHEREAS, the City Council of the Ci- ty of Dubuque, Iowa, has given its pre- liminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the con- struction of the 1978 Curb Replacement Project. BE IT THEREFORE RESOLvED that on the 16th day of October, 1978, a public hearing will be at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubuque, Iowa which shall be riot less than four days nor more than twenty days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improve- ment, and the City Clerk is hereby di- rected to advertise for proposals to the contractors for the construction of the above mentioned improvement. 441 Approved and placed on file for final ac- tion. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved approval of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. RESOLUTION NO. 330.78 Approval of Preliminary Estimate plans, specs., form of contract, etc., in the amount of $48,867.72 for construction of 1978 Curb Replacement Project, pre- sented and read. Council Member Wertz- berger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. (Fixing Dale of Hearing) RESOLUTION NO. 331-78 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Printed Council Proceedings for the month of June, 1978, presented for ap- proval. Council Member Wertzberger moved that the Council Proceedings be approved as printed. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. BON 0 PROPOSITION SPECIAL ELECTION SEPTEMBER 12, 1978 State of Iowa, County of Dubuque: ss I, George J. Brown, County Auditor and Commissioner of Elections do hereby cer- tify that on Tuesday, September 12,1978, in the City of Dubuque, an election was held on the following measure to wit: Shall the following public measure be adopted? Shall the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $3.180,000 for the purpose of reconstructing the existing Carnegie Stout Public Library Building and con- structing and equipping an addition thereto and acquiring real estate therefor in said City? APPROVED: Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members Regular Session, October 2, 1978 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of YMCA requesting permis- sion to conduct the annual Halloween Parade on Monday evening, October 30, 1978, presented and read. Council Mem- ber Brady moved that the request be ap- proved subject to implementation of the City Manager. Seconded by Council Member W ertzberger. Carried by the fol- lowing vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Regular Session, October 2, 1978 County .Courthouse, Dubuque, Iowa, on Monday, September 18, 1978. In testimony whereof, we have hereun- to set our hands and caused this to be at- tested to and sealed by the County Aud- itor as Commissioner of Elections, this 18th day of September, 1978. Absent Wilfred Bahl, Chairman slDonald C. Meyers Member slLloyd C. Hayes Member 440 Communication of City manager sub- mitting plans and specs. for construction of 1978 Curb Replacement Program, pre- sented and read. Council Member Wertz- berger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: WHEREAS, proposed plans, specifica- tions, and form of contract have been duly prepared and approved by the City Coun- cil of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the follow- ing: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the construction of the 1978 Curb Re- placement Project. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk, objections to the amount of the cost Of the improvement, they shall be deemed to have waived all objections thereto. SaId improvement shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid from the Community Development Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 2nd day of October, 1978. Brady, Far- (Necessity for Improvement) RESOLUTION NO. 329.78 Yeas - Council Members rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. ATTEST: s/George J. Brown County Auditor and Commissioner of Elections Council Member Wertzberger moved that the Canvass be received and made a matter of record. Seconded by Council Member Farrell. Carried by the following vote; Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Dubuque Senior High School requesting permission to conduct their Homecoming Parade on October 6, 1978, presented and read. Council Mem- ber Wertzberger moved that the request be approved subject to implementation of the City Manager. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. egory. Also attached are applications receiv- ed by the City Clerk's office for exemp- tions, based on the 1977 Tax list filed with the City. Some of those filed are not being allowed by the City Assessor, as of this year, and we understand some of them are being appealed. :Que to pending litigation andreclass- ification of various properties we recom- mend acceptance and approval of the City Assessor's list to be filed in the office of the County Auditor to meet proper filing requirements. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the recommendation be approved. Seconded by Council Member King. Car- ried by the following vote: September 26. 1978 Honorable Mayor and Members of the City Council Herewith attached is the Agricultural and Horticultural tax exemption list for 1978 as submitted by the City Assessor. According to the new law greenhouses are now included in the horticultural cat- TOTAL VOTE 205 121 185 410 177 167 112 185 142 206 299 282 438 268 257 290 387 268 412 379 325 302 295 394 306 92 6884 The Bond Proposition passed with a 63.8% yes vote. In testimony, whereof, I have hereunto set my hand and the seal of Dubuque County this 18th day of September, 1978. ATTEST: sl George J.Brown, County Auditor and Commissioner of Elections I, further certify that an official can- vass of said election was held in Dubuque PRECINCT YES NO BLANK 1 105 70 30 2 71 32 18 3 85 81 19 4 199 144 67 5 68 74 35 6 82 53 32 7 57 34 21 8 99 45 21 9 85 39 18 10 134 56 16 11 150 108 41 12 164 B6 32 13 285 134 19 14 152 87 29 15 141 89 27 16 162 96 32 17 190 146 51 18 156 106 6 19 263116 33 20 233 117 29 21 178 126 21 22 187 82 33 23 140 117 38 24 254 100 40 25 204 68 34 Absentee 71 15 6 TOTAL 3915 2221 748 Resolution No. 335-78 was presented amending Resolution No. 391-75 to pro- vide for a reduction in the membership of the Community Development Commis- sion of the City of Dubuque, Iowa. Council Member Brady moved adop- tion of the resolution as presented. Seconded by Council Member Farrell. Vote on the motion was as follows: Yeas - Council Members Brady, Far- rell. Nays - Mayor Tully, Council Members King, Wertzberger. Motion failed. Council Member Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Mr. Donald Meyers, a member of the Community Development Commission addressed the Council relative to the reduction of membership of the Commis- sion. Council Member King moved that sec- tion "A" Membership indicating eleven members be replaced with a number of Nine. Section "H" (1) should read four representatives from target areas; not more than one from any organized area. Item (5) At least two members listed above be from low and moderate house- holds as defined by HUD. Item (6) No less than four nor more than five from the total of all target areas. Also Delete Section two Page 2. Council Member King moved adoption of the amendments. Seconded by Council Member W ertzberger. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members King, Wertzberger. Nays - Council Members Brady, Far- rell. RESOLUTIO'" NO. 335.78 A Resolution Amending Resolution No. 391.75 to Provide fora Reduction in the Membership of the Community Devel. opment Commission of the City of Du. buque, Iowa WHEREAS, Resolution No. 391-75 has established a Community Development Commission for the City of Dubuque, Iowa; and WHEREAS, the Boards and Commis- sions Study Group, as established by the City Council, has made a study of the membership composition of the Com- munity Development Commission and has recommended that the membership be reduced from thirty-one (31) to nine (9) members; and WHEREAS, the 443 Regular Session, October 2, 1978 easterly terminus of the Ramada Inn frontage road to Cedar Cross Road. Said frontage shall be constructed in accor- dance with plans dated July 19, 1978 and approved by the office of the City En- gineer. The entire cost thereof including City inspection services shall be paid by the grantee. (b) That the grantee first ob- tain a permit to construct the frontage road on the State of Iowa right of way from the Iowa Department of Transpor- tation. (c) That the grantee shall enter in- to a contract for the construction of said frontage road which shall contain a clause obligating the contractor and his bonds- man to maintain the improvement in good repair for a period of four years from the date of acceptance of the improvement by the City, and a clause requiring the con- tractor to furnish surety bond with the Ci- ty of Dubuque named as one of the obli- gees, guaranteeing faithful performance of said contract. (d) That upon completion and acceptance of said improvement, it shall become a public frontage road under the exclusive charge and control ofthe Ci- ty of Dubuque. Section 2. That the authority granted herein shall terminate Qn December 2, 1979, unless the terms and conditions of this resolution are accepted in writing by the grantee prior to that date. Section 3. This resolution shall be in full force and effect from and after its final passage, adoption, and publication as pro- vided by law. Passed, adopted, and approved this 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 334.78 Edward Tschiggfrie, owner of Tschig- gfrie Excavating having full knowledge and understanding of all the terms and conditions of Resolution No. 334-78 hereby accepts the same as passed and agrees to comply with the terms and con- ditions thereof. 10.6.78 has City Counci Edward Tschiggfrie Tschiggfrie Excavating 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, W,ertzberger. Nays - None. '~ZJ.;; Regular Session, October 2, 1978 (A Resolution Accepting Improvement: RESOLUTION NO. 333.78 WHEREAS, the contract for the East 22nd Street at Windsor A venue - School Signals 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 acceptance, now there- fore, BE IT RESOLVED, hy the City Coun. cil of the City of Dubuque, that the recom- mendation of the 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 Road Use Tax Fund issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted, and approved this 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion ofthe Resolution. Seconded by Coun- cil Member Farrell. Carried by the follow. ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager sub- mitting a resolution granting Tschiggfrie Excavating the right to construct a fron- tage road aJong Highway 20 between Ra- mada Inn & Cedar Cross Road, presented and read. Council Member Wertzberger moved that the communication be receiv- ed and filed. Seconded by Council Mem- ber FarrelL Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays- None. RESOLUTION NO. 334.78 A Resolution Granting Tschiggfrie Ex. cavating the Right to Construct a Fron. tage Road In Accordance with the At. tached Plans and Specifications Dated July 19, 1978, from the Easterly Ter. minus of the Ramada Inn Frontage Road to Cedar Cross Road. BE IT RESOLVED hy the City Council of the City of Dubuque, Iowa: Section 1. (a) That the grantee agrees to construct a frontage road from the Passed, adopted, and approved this 2nd day of October, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members 442 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 - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Communication of City Manager advis- ing of completion of construction of the East 22nd Street at Windsor A venue school signals by Uhlrich Electric Com- pany, presented and read. Council Mem- ber Brady moved that the communication be received and filed. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Final Estimate RESOLUTION NO. 332.78 WHEREAS, the contract for the East 22nd Street at Windsor A venue School Signals has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $16,419.25 That none of the cost thereof shall be assessable upon private property and $16,419.25 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted, and approved this 2nd day of October, 1978. ' Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E; Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Coun- cil Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. 445 Regular Session, October 2, 1978 Approved and placed on file for final ac~ tion. 337-78 Preliminary Estimate and approval of specs. etc.. for replacement of City Hall Windows in the amount of $13,755.00, presented and read. Council Member Far- rell moved adoption of the resolution. Se- conded by Council Member W ertzherger. Carried by the following vote: Yeas _ Council Members Brady, ~"'ar- rell, King, Wertzberger. Nays -None. Abstain -Mayor Tully. WHEREAS, the City Council ofthe Ci- ty of Dubuque. Iowa, has given its prelim- inary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the re- placement of windows in City Hall, 13th & Central Avenue, Dubuque, Iowa. BE IT THEREFORE RESOLVED that on the 16th day of October, 1978, a public hearing will be at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and he isherebydirected to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubuque; Iowa which shall be not less than four days nor more than twenty days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improve- ment, and the City Clerk is hereby direc- ted to advertise for proposals to the con- tractors for the construction of the above mentioned improvement. ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved ap- proval of the Resolution. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. RESOLUTION NO. APPROVED Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members Fixing Date of Hearing RESOLUTION NO. 338.78 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 property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex- pense of making such improvement will be paid from the Local Public Works Fund 51. Yeas - Mayor Tully, Council Members King, Wertzberger. Nays _ Council Members Brady, Far- rell. Communication of League of Women Voters urging that the reduced members of the Community Development Commis- sion be truly representative of the Com- munity, presented and read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager sub- mitting plans, specs., for replacement of 21 windows on third floor of City Hall, presented and read. Council Member Far- rell moved that the communication be re- ceived and filed. Seconded by Council Member W ertzberger. Carried by the fol- lowing vote: Yeas _ Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Necessity for Improvement RESOLUTION NO. 336-78 WHEREAS, proposed plans, specifica- tions, and form of contract have been duly prepared and approved by the City Coun- cil of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the follow- ing: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the replacement of windows in City Hall, 13th and Central A venue, Dubuque, Iowa. Regular Session, October 2, 1978 D. Members of the Community De. velopment Commission shall at- tend at least 75% of all regularly scheduled and held meetings with- in any twelve-month period. If any member does not attend the pre- scribed number of meetings, it shall constitute grounds, after hearing by the Community Development Commission, for the Commission to recommend to the City Council that said member be r,eplaced. E. No member of the Community De- velopment Commission may be an employee of the City. F. Not more than one representative from the same board or commission of the City of Dubuque may be a member of the Community Devel- opment Commission at anyone time. G. All members ofthe Community De- velopment Commission shall serve without compensation except for reimbursement of authorized out- of-town travel expenses incurred in the discharge of their duties. H. The membership ofthe Community Development Commission shall at all time include the following repre- sentation. 1. Four representatives from target areas - but not more than one from any organized area. 2. Three At-Large Members 3. One Housing Commission Member 4. One Rehabilitation Commission Member 5. At least two members listed above be from low and moderate house- hold as defined by HUD. 6. No less than four nor more than five from the total of all target areas. The City Manager and the Mayor or their designates shall serve as ex officio members of the Community Develop- ment Commission. The City Council will review the mem- bership on the Commission yearly to in- sure that it maintains a fair representa- tion of the community. this Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Council Members adopted, and approved October, 1978. Passed, 2nd day of Th€: above resolution was introduced, iLPproved and ordered placed on file with the City Clerk this 2nd day of October, 1978. ATTEST: Leo F. Frommelt City Clerk Council Member King moved adoption of the Resolution as Amended. Seconded llY Council Member W ertzberger. Car- ried by the following vote: adopted the recommendations of the Boards and Commissions Study Group and has directed that the Community Development Commission propose a means of implementing said recommen- dations; and WHEREAS, the Community Develop- ment Commission has considered the di- rective of the City Council and has pro' posed an amendment to Resolution No. 391-75 to provide for a reduced member- ship on the Community Development Commission; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That Section II, Member- ship, of Exhibit A of Resolution No. 391-75 be repealed and a new Section II of Ex- hibit A of Resolution No. 391-75 be adopted in lieu thereof, as follows: "II. Membership" A. The Community Development Commission shall have a member- ship of nine persons. The seven members as described in Section II, H. 1. and 2. herein shall be ap" pointed by the City Council of the City of Dubuque for a period of three years. Three of the initial ap- pointments shall be for a one-year term, three of such appointments shall be for a term of two years, and the balance of such appointments shall be for a term of three years. The two members as described in Section II, H. 3. and 4. herein shall be nominated for appointment to the Community Development C011.1- mission by their respective Com- missions, and shall serve as mem- bers of the Community Devel- opment Commission for terms coin- ciding with the terms set forth by their respective Commissions. Up- on completion of their term of of- fice, members shall continue to serve in their full capacity until a successor has been duly appointed. The City Council shall solicit re- commendations from represen- tative organizations agencies, and the public before making said ap- pointments. B. Membership of the Community De- velopment Commission shall be li- mited to residents of the city of Du- buque. C. A vacancy caused by resignation or other reasons on the Community Development Commission shall be filled by the City Council ofthe City of Dubuque within thirty days, for the unexpired term of office in the manner prescribed in Section II, A. hereOf. 444 447 Regular Session, October 2, 1978 this 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, W ertzberger. Nays - None. Abstain - Council Member King. September 21. 1978 Honorable Mayor and Council Members RE: Final Plat David Maiers Lots 1 through 12 of Block 1 in "Highland Park Estates" At its meeting of September 20, 1978, the City of Dubuque Planning and Zoning Commission reviewed a final plat submit- ted by David L. Maiers seeking to sub- divide Lot 2 of 1 oiLat 1 of 1 ofl ofl ofl of 2 of 1 of 1 of High-Land Farm into Lots 1 through 12 of Block 1 in "Highland Park Estates." The property is located south of West 32nd Street, west of Highland Park Drive and north of Arbor Hills Drive. The Planning and Zoning Commission has determined that the above-described plat is in compliance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque. The Commission had vo- ted to approve the final plat and recom- mends 'your concurrence. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner 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, W ertzberger. Nays - None. Abstain - Council Member King. RESOLUTION NO. 341.78 Resolution Approving Plat 01 Subdivi. sion of Lot 2 o' Lot 1 o' Lot 1 of Lot 1 of Lot 1 of Lot1 of Lol1 of Lot 2 of Lot 1 of Lot 1 of High.Land Farm, Dubuque County, Iowa, now in the City o' Dubu- que, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High-Land Farm, Dubuque County, Iowa, now in the City of Dubuque, Iowa is platted as Block Passed, adopted, and 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members approved WHEREAS, said Plat has been exam- ined by the City Council and they find that the same conforms to statutes and or- dinances relating thereto; NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the Plat of the Sub- division of Lot 1 of Lot 12 of Althauser's Subdivision in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. September 21, 1978 Honorable Mayor and Council Members At its meeting of September 20, 1978, the City of Dubuque Planning and Zoning Commission reviewed a final plat submit. ted by Ardwin and Geneva Droessler seeking to subdivide Lot 1 of Lot 12 in Althauser's Subdivision into Lots 1 and 2. The property is located on the west side of Althauser Street just south of Edison Street. The Planning and Zoning Commission has determined that the above-described plat is in compliance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque. The Commission has voted to approve the final plat and recom- mends your concurrence. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Members A Resolution Approving the Plat o. the Subdivision of Lot 1 of Lot 12 of Alt. hauser's Subdivision in the City o. DU' buque, Iowa WHEREAS, there has been filed with the City Clerk a Plat of the Subdivision of Lot 1 of Lot 12 of Althauser's Subdivision in the City of Dubuque, Iowa; and WHEREAS, said Plat has been exam- ined by the City Planning and Zoning Commission and had its approval endors- ed thereon; and Yeas - Mayor Tully, Councii Brady, Farrell, W ertzberger. Nays - None. Abstain - Council Member King-. RESOLUTION NO. 340.78 RE: Final Plat Ardwin and Geneva Droessler Lot 1 of Lot 12 in Althauser's Sub. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planm'lT Regular Session, October 2, 1978 The Planning and Zoning Commission has approved the plat and has recom- mended your endorsement of it. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: RESOLUTION NO. 339.78 A Resolution Approving the Plat o' the Subdivision o' Lot 11 and Lot 12 o. "Dennis Dargan's Subdivision o' Out Lots 672 and 673 in Dubuque, in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a Plat of the Subdivision of Lot 11 and 12 of "Dennis Dargan's Subdi- vision" of Out Lots 672 and 673 in Dubu- que, in the City of Dubuque, Iowa; and WHEREAS, said Plat has been exam- ined by the City Planning and Zoning Commission and had its approval endors- ed thereon: and WHEREAS, said Plat has been exam- ined by the City Council and they find that the same conforms to statutes and or- dinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A, Section 1. That the Plat of the Subdivi- sion of Lot 11 and Lot 12 of "Dennis Dargan's Subdivision" of Out Lots 672 and 673 in Dubuque, in the City of Dubu- que, Iowa, be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubu- que, Iowa upon said Plat. Passed, adopted, and approved this 2nd day of October, 1978. 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, Wertzherger. Nays - None. Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 446 Passed, adopted, and approved this 2nd day of October, 1978. RichardWertzberger Mayor Pro-Tem 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 Coun- cil Member Wertzberger. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Discussion relative to disbanding Citizens Advisory Commission was pre- sented. Council Member Brady moved to retain the Commission until some later time due to their unfinished efforts on the Dog Ordinance and Recreation Program. Seconded by Mayor Tully. Vote on the motion was as follows: Yeas - Council Member Brady. Nays - Mayor Tully, Council Members Farrell, King, Wertzberger. Motion failed. Al Schockemoehl advised the Council that the present Commission would not care to serve on any kind of Ad Hoc Com- mittee to provide further study on any project started. Council Member Farrell moved to re- move the Citizens Advisory Commission from the Governmental Structure from the City of Dubuque, Iowa and notes of ap- preciation for services, be sent. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Na'ys - Council Member Brady. September 21, 1978 Honorable Mayor and Council Members RE: Final Plat Allen Wallis Jr. Lots 11 and 12 of Dargan's Subdivision At its meeting of September 20, 1978, the City of Dubuque Planning and Zoning Commission reviewed a final plat submit- ted by Allen Wallis Jr. seeking to sub- divide Lots 11-and 12 of Dennis Dargan's Subdivision into Lots 1 and 2 thereof. The property is located at and east of 271-273 Dorgan Place. The Planning and Zoning Commission has found that an off-street parking lot that exists on Lots 12 and 13 of Dargan's Subdivision is encroaching upon Lot 11, while the driveway to the dwelling on Lot 11 encroachesu'pon Lot 12. The proposed final plat will accommodate a transfer of parcels intended to correct this situation. ~4, 449 September 21, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zon- ing Commission has held a public hearing on the Preliminary Development Plan and Planned Unit Development designa- tion proposal for the Alverno Apartment project. The property is located in Stone- hill Subdivision, west of Windsor Avenue and north of Xavier Hospital, in the City of Dubuque, Iowa. The City Planning and Zoning Commis- sion has found' that the Preliminary De- velopment Plan for the 100-unit apart- ment building for housing elderly tenants will promote the public welfare. Further, the Commission has determined that the Preliminary Development Plan conforms to the standards and regulations of the Zoning Ordinance. Accordingly, the Planning and Zoning Commission recommends that the peti- tioner's Preliminary Development Plan be approved and that the above-des- cribed property be reclassified from R-4 Residential District to R-4 Planned Unit Development District. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner Lot 2 of Lot 1 of Lot 1 of Clin-Que Inc. Addn., and Lot 1 of Lot 1 of Lot 1 of Clin- Que Inc. Addn., from AG Agricultural District to C-3 Arterial Business Com- mercial District Classification, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays -None. Council Member Farrell moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Farrell moved that a public hearing be held on the Ordinance on November 6, 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 hearing in the man- ner required by law. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Regular Session, October 2, 1978 September 21, 1978 Honorable Mayor and City Council RE: Eleanor Rafoth and Thomas Luk- setich Rezoning Request Century Drive Area On September 20, 1978, the City Plan- ning and Zoning Commission held a public hearing on the application of Eleanor Ra- forth and Thomas Luksetich for reclass- ification of certain properties to the west of Century Drive. The application is to reclassify the properties from an AG- Agricultural District to the C-3 Arterial Business Commercial District and the L-I Light Industrial District as shown on the attached map. The properties in question were volun- tarily annexed to the City last October. They consist of two parcels: one v:acant, the other partially occupied by a mini- warehouse facility. In reviewing the request, the Commis- sion has determined that a C-3 District classifiction would be most appropriate for all the property and would be more compatible with present and planned land use in the vicinity. By placing all of the property in the C-3 District, the City would have greater control over the range of uses and intensity of develop- ment permitted on the property than would be possible under the L-I District. In addition, the C-3 District provides for a logical transition area between the ex- isting industrial uses to the south and the residential zoning to the north. It was noted by the Commission that the applicants acknowledged that while they would prefer the reclassification as requested that they would be able to work with a C-3 District classification on the entire tract. Accordingly, the Planning and Zoning Commission has voted to recommend that the subject properties be reclassified from the present AG-Agricultural Dis- trict to the C.3 Arterial Business Com- mercial District. CITY PLANNING AND ZONING COMMISSION James D. Burke As'sociate City Planner 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, Wertzberger. Nays - None. AN ORDINANCE o!the City o!Duhu- que, Iowa, providing tha the Code of Or'- dinances, City of Dubuque, Iowa be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying Lot 1 of Lot 1 of Regular Session, October 2, 1978 west side of Embassy West Drive approx- imately 250 feet north of Pennsylvania Avenue. AN ORDINANCE 01 the City of Dubu- que, Iowa, providing that the Code of Or- dinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying portions of pro- perty in Embassy West Subdivision from R-3 Residential District Classification to R-2 Residential District 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 - 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 November 6, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the Clty Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. 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. In revJewing this proposal, the Com- mission has found the R-2 Residential Dis- trict classification to be consistent with development plans for the area and sound zoning practice. The Commission has ap- proved the reclassification of the describ- ed portions of the "Embassy West" sub- division and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION James D. Burke Associate City Planner 1 in Highland Park Estates" in the City of Dubuque, Iowa; and WHEREAS said plat has been exam- ined by the City, Plan Commission and had its approval endorsed thereon; and WHEREAS said plat has been exam- ined by the City Council and they find same conforms to the Statutes and Ordi- nances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat, and the Mayor and Clerk are hereby further authorized and directed to endorse upon said plat as the holder of the 32nd Street sanitary sewer special assessment en- cumbrance lien, the consent of the City of Dubuque to such platting and a release from the said 32nd Street sanitary sewer special assessment encumbrance lien of all streets, easements and other areas dedicated by said plat to the public and to the City of Dubuque, Iowa. However, the said release shall specify that the City of Dubuque preserves its 32nd Street sani- tary sewer special assessment encum- brance lien as to any and all other land shown on said plat to which said lien may be attached other than the streets, ease- ments and other areas dedicated to the City of Dubuque and the public by said plat. Passed, adopted, and approved this 2nd day of October, A.D., 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Coun. cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, Wertzberger. Nays - None. Abstain - Council Member King. September 21. 1978 Honorable Mayor and City Council RE: Zoning Request Embassy West Subdivision The City of Dubuque Planning and Zon- ing Commission has held a public hearing on a proposal to reclassify property in the "Embassy West" subdivision from the R-3 Residential District to the R-2 Resi- dential District. The property, as shown on the attached map, is located on the 448 451 Yeas - Council berger. Nays - Mayor Tully, Council Members Farrell, King. Motion failed. Petition of Equestrian Heights Subdi- vision requesting permission to install three street lights in Equestrian Heights Sub. No.1, presented and read. Council Member Wertzberger moved that the re- quest be approved and referred to the Ci- ty Manager and Electrical Inspector for implementation. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell. King, Wertzberger. Nays - None. RESOLUTION NO. 344-78 BT IT RESOLVED, By tbe City Coun- cil of the City of Dubuque. Iowa. that the following having complied with the provi- sions of law relating to the sale of Cigaret- tes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Rose Marie A. Montgomery and Shirley A. Huseman, 504 Central Ave. Robert J. Mootz, 1076 University Ave. Passed, adopted, and approved this 2nd day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Coun- cil Member Farrell. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 345.78 WHEREAS, Applications for Beer Permits have been submitted and filed LO this Council for approval and the same have been examined and approved; 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; ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fol- lowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Triangle Investments, Inc. (Also Sun- day Sales) 1575 John F. Kennedy Road Wertz Regular Session, October 2, 1978 Members Brady, Yeas - Mayor Tully, Council Members Brady, Farrell, King, WerLzberg('r. Nays None. Council Member Wertzberger moved to reconsider Action taken regarding dis- banding Citizens Advisory Commission, Seconded by Council Member Brady Vote on the motion was as follows: equipment plus the cost of vehicle main- tenance. I recommend the approval and accep- tance of this contract. Gilbert D. Chavenelle City Manager Council Member Farrell moved that the contract be approved as amended. Se- conded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Dubuque Housing Rehabilitation Commission submitting a resolution repealing the original guide- lines approved in 1976 and March, 1977 and May, 1977 and substituting a new set of guidelines in lieu thereof, presented and read, Council Member Wertzberger moved that the communication be receiv- ed and filed. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 342.78 A Resolution Repealing Current Guide. lines for the Interim Assistance Hous- ing Rehabilitation Program and the Concentrated Rehabilitation Loan and Grant Program, and Approving New Guidelines for the Administration of Said Programs. WHEREAS, that the Housing Rehabil- itation Commission of the City of Dubu- que has heretofore approved such Guide- lines. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the current Guidelines for the Housing Rehabilitation Program (Interim Assistance - Resolution 438-76; and Concentrated Rehabilitation Loans and Grants - Resolutions 87-77 and 185-77 (amendment) be repealed. Section 2. The Guidelines for the Housing Rehabilitation Assistance Pro- gram, hereto attached and marked "Ex- hibit A" be, and the same hereby are, ap- proved as rules for the administration of said program. Passed, adopted, and approved this 2nd day of October, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members Regular Session, October 2, 1978 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, W ertzberger. Nays - None. Abstain. Mayor Tully. AN ORDINANCE oltbe City 01 Dubu- que, Iowa, providing that the Code of Or- dinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" which amendment shall establish a Planned . Unit Development designation on property lying in an R-4 Residential District in "Stone Hill Subdivision No.1" in the City of Dubuque, Iowa, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberg-er. Nays - None. Abstain. Mayor Tully. Council Member Farrell moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken,be dispensed with. Seconded by Council Member Brady. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Council Member Farrell moved that a public hearing be held on the Ordinan.ce on November 6, 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 Council Member Brady. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully, Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Communication of Public Works Di- rector requesting consideration of ap- proval of architectural contract for design and construction of Library Addition, presented and read. Council Member Wertzberger moved that the communica- tion be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 343.78 WHEREAS, there is presented a pro- posed contract between the City of Dubu- que, Iowa, by and through its Library Board and the Durrant Group Inc., in con- nection with the proposed library im- provements, WHEREAS, the City Council and the Library Board approve said contract. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, as follows: Section 1. That the proposed contract by and between the City of Dubuque, Iowa and its Library Board and The Dur- rant Group Inc., be and the same is here- by approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized to execute said contract for and on behalf of the City of Dubuque, Iowa. Section 3. That said contract be for- warded to the Library Board of the City of Dubuque, Iowa, for execution thereof by the said Library Board. Passed, adopted, and approved this 2nd day of October, 1978, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Counei1 Memhers ATTEST: IJeo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: 450 September 26, 1978 Honorable Mayor and City Council I submit to you a contract between the Dubuque Police Department and the State Department of Public Safety for continuing the Alcohol Safety Action Pro- gram for the period October 1, 1978, through September 30, 1979. Under the contract, the State will pay 80% of the cost of the servicE!s of two patrolmen and one sergeant and 80% of equipment for a total 01 $51,226.26. Tbe City wili pay tbe remaining 20% of the cost of services and ,-=".,,_~ -~__~"",~~:,,,,""_d,,"; 453 Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - None. Abstain - Council Member Brady. Mayor Tully announced that Hallo- ween "Trick or Treat" will be observed on October 31, 1978. At 11:15 P.M. Council Member Wertz- herger moved to retire into Executive Session to discuss pending litigation. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council reconvened in Regular Session at 12;26 P.M. Mayor Tully announced that the City Solicitor was given further instructions concerning pending litigation. There being no further business, Coun- cil Member Wertzberger moved to ad- journ. Seconded by Council Member King. Carried by the following vote: Yeas. Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Adopted ATTEST; City Clerk 1978 1978 Members Regular Session, October 2, 1978 Leo F. Frommelt City Clerk Counci Approved. recommending denial of claim of John & Janet Anthony, amicably settled; denial of car damage claim of James L. Kluesner, no actionable negligence on the part of the City; denial of car damage claim of Kenneth L. Norpel, amicably settled; de- nial of car damage claim of Harold Palen, presented and read. Council Member Wertzberger moved that the recommen- dations of denial be approved, Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wert:.>:bcrger. Nays - None. Petitions of Tait'N Ale requesting a re- fund of $633.75 on unexpired portion of Beer"Liquor License No. C"9693-78 and Church of the Nativity requesting a re- fund of $225. on the unexpired portion of Class "B" Beer Permit, presented and read. Council Member Wertzberger mov- ed that the refunds be granted and City A uditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas" Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Notices of Claims - Cecil E. Pinell, in the amount of $28.30 plus, for expenses in- curred as the result of a fall thru a rotten hoard in the bleachers at Petrakis Park on July 28, 1978; Royce A. Ohde, in an un- determined amount, for personal injuries received as the result of a fall in the bleachers at Petrakis Park on July 28, 1978; Small Claims Court on behalf of Randall N. Gray et ux in the amount of $933. as the result of a blocked sewer at 817 Lincoln Ave.; Notice of Suit of Aud- rey Oberfoell, in the amount of $4000.. for personal injuries received in a fall on a defective curb at 2446 Washington St. on May 17, 1978; Marie Gottschalk, in the amount of $63.97, for personal injuries received in a fall in a defective street at 19th & Central on August 14, 1978, presented and read, Council Member Wertzberger moved that the Notices of Claims be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Shive Hattery As- sociates requesting an extension of time to complete Industrial Park Study, to Oc- tober 30, 1978, presented and read. Coun- cil Member Wert:.>:berger moved that the request be approved and extension be granted to October 30, 1978. Seconded by Council Member Farrell. Carried by the following vote: Regular Session, October 2, 1978 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communications of State Board of Health offering recommendations rela- tive to Dubuque Municipal and Flora Swimming Pools both as to operation and physical aspects of the facilities, presen- ted and read, Council Member Wertzber- ger moved that the communications be referred to the Recreation Department. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager sub- mitting a 1977 Cruise Book of the V.S.S. Dubuque for availability to the Council, by request of the Mayor, presented and read. Council Member Wert:.>:berger mov- ed that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor 'fully, Council Members Brady, Farrell, King, Wertzberger, Nays - None. Submission of Master Plan and Off-Air- port Land Use Plan for the Dubuque Mu- nicipal Airport, presented and read. Council Member Wertzberger moved that the plans be received and filed. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor 'I'ully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Minutes Submitted - Playgr und & Recreation Commission for their meeting of Sept. 11th; Community Development Commission of their meeting of Sept. 12th; 5 Flags Center Commission of their meeting of Sept. 19th; Housing Commis- sion of their meeting of Sept. 19th; DMATS of their meeting of Aug-. 30th; Transit Trustee Board of their meeting of Sept. 14th and Airport Commission of their meeting of Sept. 14th, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager sub- mitting reports of the Treasurer, Finance Director, Water Supt., Health Dept.. also list of claims of July, 1978, presented and read. Council Member Wertzberger mov- ed that the communication be received and filed. Seconded by Council Member Farrel]. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. . Communications of City Attorney this ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Coun- cil Member Farrell. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 346.78 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 occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council olthe City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "cn (COMMERCIAL) BEER AND LIQUOR LICENSE Linda L. Sheldon, 1399 Jackson St. Passed, adopted, and approved this 2nd day of October, 1978, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Coun- cil Member Farrell. Carried by the fo - lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King ,W ertzberger. Nays - None. Communications of Ron & Stephanie Hahlen submitting statements with ref- erence to the Boards and Commissions Study Group, also comments concerning J.F.K. Road, presented and read. Council Member Wertzberger- moved that the communications be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: adopted, and approved October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 452 Passed, 2nd day of ill Said improvement shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex- pense of making such improvement will be paid from the Local Public Works Fund 51. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 2nd day of October. 1978. Record o' Final Adoption The foregoing resolution was finally passed and adopted. as proposed. by the City Council this 16th day of October. 1978. Passed, adopted. and approved this 16th day of October, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved final adoption of the Resolution. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 347.78 WHEREAS, proposed plans and spec- ifications and form of contract for the Re- placement of 21 windows on the third floor in City Hall, 13th & Central A venue, Dubuque, Iowa have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code oUowa, 1977 per- taining 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 16th day of Oc- tober, 1978: and WHEREAS, the City Council met in regular session this 16th day of October. 1978, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plans. specifications or contract for or cost of the improvement herein described and pro~ posed to be made; and WHEREAS, all. interested parties have been given an opportunity to be heard and all objections which have been 455 Special Session, October 16, 1978 City Council OFFICIAL Special Session, October 16, 1978. Council met at 7:30 P.M. (C.D.T.) Present. Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Absent - City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of considering various contract awards and acting upon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. Jack Harley of Dubuque Rescue Mission. Proclamations proclaiming week of Oc- tober 16th thru 22nd as "Children .with Learning Disabilities Week", Week-ol November 19th to 26th as "Bible Weekl', Week of October 16th thru 22nd as "Area Residential Care Week" and October 31st as "Trick or Treat Night" from 5 P.M. to 8:30 P.M. were approved and signed by Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolu- tion of Necessity for the installation of 21 Windows in the City Hall, presented and read. Council Member Wertzberger mov- ed that the proof of publication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. (Necessity for Improvement) RESOLUTION NO. 336.78 WHEREAS, proposed plans, specifica- tions, andJorm of contract have been duly prepared and approved by the City Coun- cil of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the follow- ing: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the replacement of windows in City Hall, 13th and Central Avenue, Dubuque, Iowa. 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, amI unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. =",-'&.i Special Session, October 4, 1978 City Council 454 OFFICIAL Special Session, October 4, 1978. Council met at 8:00 P.M. (C.D.T') Present - Mayor Tully, Council Mem bers Brady, King. City Manager Gilbert D. Chavenelle. Absent - Council Members Farrell, Wertzberger. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of giving further direction to the City At- torney on pending litigation and acting upon such other business as may properly come before a Regular Meeting of the Council. At 8:05 P.M. Council Member Brady moved to retire to ,Executive Session to dis~1,lsS pending litigation. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, King. Nays - None. Absent - Council Members Farrell, W ertzberger. Council reconvened in Regular Session at 8:30 P.M. Mayor Tully announced that the Coun- cil received the status report and gave further instructions to the City Attorney, City Manager, and Staff relative to pen- ding litigation. There being no further business, Coun- cil Member Brady moved to adjourn. Se- conded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, King. Nays - None. Absent - Council Members Farrel Wertzberger. Leo City 1978 1978 Members F. Frommelt Clerk --.--. Counci Adopted ATTEST: City Clerk Approved. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members 457 public welfare to make the herein men tioned improvement, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all obj~ctions thereto. Said improvement shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid from the Community Development Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 2nd day of Octo- ber. 1978. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 16th day of October. 1978. 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 - Council Members Brady, Far- rell, King. Wertzberger. Nays - None. Abstain - Mayor Tully. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 350.78 WHEREAS, proposed plans and spec- ifications and form of contract for the con- struction of the 1978 Curb Replacement Project have been approved by the City Council of the City of Dubuque and public notice given as provided by Section 384 of the Code of Iowa, 1978, pertaining to pub- lic contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or con- tract for or cost of such improvements, said time being this 16th day of October, 1978: and WHEREAS, the City Council met in special session this 16th day of October, 1978, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and con- sid,ering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and pro- posed to be mad~j and The plan of such improvement An estimate of the cost of the im- provement for the construction of the 1978 Curb Re- placement Project. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the 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 - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolu- tion of Pendency for construction of 1978 Curb Replacement Project, presented and read. Council Member Wertzberger moved that the proof of publication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. (Necessity for Improvement) RESOLUTION NO. 329-78 WHEREAS, proposed plans, specifica- tions, and form of contract have been duly prepared and approved by the City Coun- cil of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the follow- ing: (1: (2' '~'-""'-""""","""'~';'~; Special Session, October 16. 1978 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Zephyr Aluminum Products, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon signing of said contract and the ap- proval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuc- cessful bidders. Passed, adopted, and approved this 16th day of October. 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Co~mcil Members Special Session. October 16. 1978 Passed, adopted, and approved 16th day of October. 1978. Richard Wertzberger Mayor Pro-Tern 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" Council Members Brady, Far- rell, King. W ertzberger. Nays - None. Abstain - Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice to Contractors for in- stallation of windows in the City Hall. pre- sented and read. Council Member Wertz" berger moved that the proof of publica- tion be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far" rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. October 10, 1978 1'0 the Honorable Mayor & City Council Pursuant to your instructions sealed proposals were received until 10:00 a.m. D.S.T., Tuesday, October 10, 1978 for in- stallation of 21 windows in City Hall. The lowest bid was entered by Zephyr Aluminum Products, Inc. of Dubuque, Iowa. The bid was $14,091.00 which is 2.4% above the Engineer's Estimate. I recommend that the contract be awarded to Zephyr Aluminum Products, Inc. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. (Awarding Contract) RESOLUTION NO. 349.78 WHEREAS, sealed proposals have been submitted by contractors for the in- stallation of 21 windows in City Hall pur- suant to Resolution No. 348-78 and notice to bidders published in a newspaper pub- lished in said City on October 5,1978; and WHEREAS, said sealed proposals were opened and read on October 10, 1978, and it has been determined that the bid of Zephyr Aluminum Products, Inc. of Dubuque, Iowa in the amount of $14,091.00 456 duly weighed and considered; now, there- fore BE IT RESOLVED by the City Council oBhe 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, specif- ications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 16th day of October, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members this 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 - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. (Ordering Construction) RESOLUTION NO. 348.78 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution ofNe- cessity No. 336-78 which was duly passed by this Council for the installation of win- dows in City Hall 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 accor" dance 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 Local Public Works Fund 51. BE IT FURTHER RESOLVED that the City Cerk be and heis hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law. 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. 459 353.78 WHEREAS, the owners of an area ap- proximately 21.82 acres in size lying West of the main portion of the City of Dubu- que, Iowa and immediately contiguous to and South of, that portion of the city limits identified as U.S. Highway 20 and West of Mercer Drive, now voluntarily petition the City Countil for annexation of their property to the City of Dubuque. Iowa: and WHEREAS. the inhabitants of said territory will be enabled to secure the benefits of city government if said pro- perty is incorporated within the limits of the City of Dubuque. Iowa. to-wit. the benefits of police and fire protection.. and the securing of water. sewer and other municipal services; l;\nd WHEREAS, Chapter 368 of the Code of Iowa. as amended. authorizes the ex- tension of city limits under such cir- cumstances by adoption of a Resolution therefor; and WHEREAS,.the future growth, orderM ly development and preservation of the public health of the City of Dubuque, Iowa makes it imperative that said premises be made a part of the City of Dubuque, Iowa: NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Dated this 9th day of October, 1978. ROMAC, INC. By s/Wilma McNamara President By srreresa Ann Wahlert Secretary CHIADO CORPORATION By stM. M. Cooney Its Attorney Council Member Wertzberger moved that the petition be approved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. REsoLuTION NO. Special Session, October 16, 1978 this Richard Wertzberger Mayor Pro-Tern 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 - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. To the Honorable Mayor and Members of the City Counc: Romac, Inc., an Iowa corporation, the Owner, and Chiado Corporation, the Con- tract Purchaser, of the following-de- scribed real estate WHEREAS, said sealed proposals were opened and read on October 10, 1978, and it has been determined that the bid of Tri-State Paving, Division of Dubu- que Stone Products of Dubuque, Iowa in the amount of $43,469.80 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions; now therefore, BE IT RESOLVED by the City Couoeil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Tri-State Paving, Division of Dubuque Stone Products Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuc- cessful bidders. Passed, adopted, and approved 16th day of October, 1978. Special Session, October 16, 1978 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 16th day of October, 1978. Richard Wertzberger Mayor Pro-Tern 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 - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice to Contractors of Re- ceipt of Bids for construction of 1978 Curb Replacement Project, presented and read. CO-uncil Member Wertzberger mov- ed that the proof of publication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. October 10, 1978 To the Honorable Mayor & City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m. D.S.T., Tuesday, October 10, 1978 for the 1978 Curb Replacement Project. The lowest bid was entered by Tri- State Paving, Division of Dubuque Stone Products Company, Dubuque, Iowa. The bid was $43,469.80 which is 2.15% below the Engineer's Estimate. I recommend that the contract be awarded to Tri-State Paving. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. (Awarding Conlracl) RESOLUTION NO. 352.78 WHEREAS, sealed proposals have been submitted by contractors for the 1978 Cutb Replacement Project pursuant to Resolution No. 351-78 and' notice to bid- ders published in a newspaper published in said City on October 5, 1978; and 458 WHEREAS, all interested parties have been given an opportunity to be heard an~ all objections which have been duly weighed and considered; now, therefore BE IT 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, specif- ications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 16th day of October, 1978. Richard Wertzberger Mayor Pro-Tern 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: Yes - Council Members Brady, Farrell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. (Ordering Construction) RESOLUTION NO. 351.78 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU' QUE that pursuant to a Resolution of Necessity No. 329-78 which was duly passed by this Council for the construc- tion of the 1978 Curb Replacement Pro-' ject be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the peti-' tion of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now _D.!lfile in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improve- ment be paid from the Community Devel- opment Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for pro- posals for the construction of the various improvements-herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that Section 1. That the territorial limits of the City of Dubuque, Iowa be _and they hereby are extended to include the area comprised of the following-described real estate: Lot 2 of Lot 2 of Lot I, Lot 1 of Lot 1 of Lot 2 of Lot 1, and Lot 2 of Lot 1 of Lot 2 of Lot I, all of Hawkeye Stock Farm (said property being shown upon the plat attached hereto marked Exhibit "A" and by this reference made a part hereof) Section 2.. That the premises herein annexed shall become part of the Nine- teenth voting precinct in 'the City of Du~ buque, Iowa. Lot 2ofLot 2 of Lot 1; Lot 1 of Lot 1 of Lot 2 of Lot 1 and Lot 2 of Lot 1 of Lot 2 of Lot 1 of Hawkeye Stock Farm in Section 28, Township 89 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa; a plat of which is hereto attached marked Exhibit" A" and by this reference made a part hereof, disclosing the location of said property -and indicating the contiguity of the said property- with the existing city limits of the City of Dubuque, hereby peti- tion that the City annex the above-de- scribed real estate to the City of Dubu- que, Iowa. 461 Leo F. Frommelt City Clerk Council Member Wertzberger.moved adoption of the Resolution and directed the City Manager to procure adequate in- surance coverage. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Communication of Board of Supervi- sors requesting further clarification of the City's position in the rezoning of Green Briar Ltd. located 1112 miles west of JFK Road from A~l Agricultural to p-e Planned Complex District consisting of93 acres, presented and read. Council Mem- ber Wertzberger moved that the commu- nication be received and filed and refer- red to Planning & Zoning. Seconded by Council Member Brady. Carried by the' following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Dock Board advis- ing of a possible additional operating fund' request due to the repair of the damaged bull dozer and expressing that the Board, would be looking to the Council for addi- tional funds, presented and read. Council Member Wertzberger moved that the communication be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Kidney Foundation of Iowa Inc., requesting permission to sell Tootsie Roll Candy in the City as part of a State wide activity to support the fight against kidney,disease, presented and read. Council Member Wertzberger moved that the request be approved subject to implementation of the City Manager. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King,Wertzberger. Nays - None. Petition of Cue Masters Billiards re- questing a change in the City Ordinance prohibiting minors from frequenting a bil- liard hall, presented and read. Council Member Wertzberger moved that the pe- that the City of Dubuque, Iowa, wishes to participate therein and that the Mayor is authorized and directed to execute said Agreement on behalf of the City of Dubu- que, Iowa. ADOPTED this 16th day of October, 1978. Thomas A. Tully, Jr. Mayor 7",.;..,_- ~:4#._"'" Special Session, October 16, 1978 cil Member King. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. Communication of Dubuque County! Municipal Civil Defense requesting to ad- dress the Council relative to approval of Dubuque County/Municipal request for assistance in the recovery phase of a dis- aster within the County, presented and read. Council Member Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Se- conded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Attorney Wm. Blum and Robert Gooch spoke to the communication advising no special funding required; Acquisition and disposition of real and personal property must be by unanimous vote. 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. Communication of City Manager re- commending favorable consideration to the Dubuque County/Municipal Aid Agreement, presented and read. Council Member Wertzberger moved that the communication be received and filed. Se- conded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzherger. Nays - None. RESOLUTION NO. 356.78 In Support of the Dubuque Countyl Municipal Mutual Aid Agreement WHEREAS the City Council of Dubu- que, Iowa, recognized the need to provide for mutual aid and assistance between Dubuque County and the City of Dubu- que, Iowa, and between the City of Dubu- que, Iowa, and the other municipalities in Dubuque County, in the event of natural disaster, enemy attack, civil disturbance, or other emergency; and WHEREAS, toward that end there has been prepared a CountylMunicipal Mutu- al Aid Agreement in accordance with Chapters 29C and 28E of the Code of Iowa, (1977), as amended, a copy ofwhich agreement is attached hereto, and WHEREAS, the (StateIOfficeofDisas- ter Services has recommended adoption of this type of Agreement; NOW, THEREFORE BE IT RESOLV- ED BY the City Council of Dubuque Iowa, that said Agreement is approved, Special Session, October 16, 1978 Council Member Wertzberger moved that the authorization be approved. Se- conded by Council Member Brady. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farren, King, Wertzberger. Nays * None. AN ORDlN ANCE of the City o!Dubu- que, Iowa, providing that the Code of Or- dinances, City of Dubuque, Iowa, be amended by revising Section 22-1 to pro- vide a revised definition of a secondhand dealer andby revising subsection A and B of Section 22.2 to include the term second- hand dealer and to clarify the records in- spection provisions and by revising Sec* tion 22-3 as pertains to transactions with persons under eighteen (18) years of age and by revising Section 22-4 as pertains to the reporting requirement upon receipt of construction tools, presented and read. Council Member Wertzberger moved that the Ordinance be tabled to the Coun- cil Meeting of November 6,1978. Second- ed by Council Member Farrell. Carried by the following vote: Yeas * Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Na.1's - None. RESOLUTION NO. 355.78 WHEREAS, the City Council under date of May 5, 1967, adopted Resolution No. 120-67 establishing the Dubuque Ad- visory Commission to which interested citizens would be appointed to serve in an advisory capacity to the City Council; and WHEREAS, the tasks and assign- ments for which the Commission was or- ganized have been completed; and WHEREAS, the City Council on Octo- ber 2, 1978, during the course of a regu- larly held City Council meeting, termin- ated by motion the existence ofthe Dubu- que Advisory Commission; NOW, THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the action of the City Council on October 2,1978 repealing Res- olution No. 120-67 adopted by the City Council on May 6, 1967 establishing the Dubuque Advisory Commission and ter- minating the existence of said Commis~ sion be and the same is hereby ratified. Passed, adopted, and approved this 16th day of October,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Coun- Passed, adopted, and approved this 16th day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. RESOLUTION NO. 354.78 WHEREAS, there has been presented to the City Council of the City of Dubu- que, Iowa, the Financial Report, City of Dubuque, Iowa, Fire & Police Retirement Systems for the fiscal year ended June 30, 1978: and WHEREAS. the City Couucil, City of Dubuque, Iowa, has examined same and finds that said report should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Financial Report, City of Dbuque, Iowa, Fire & Police Re- tirement Systems for the fiscal year end- ed June 30, 1978, presented to the City Council of the City of Dubuque, Iowa, be and the same is hereby approved. Passed, adopted, and approved this 16th day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members 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. October 9, 1978 Honorable Mayor and City Council Will you please authorize Mr. Leo Frommelt to sign city papers on behalf of the City Manager during my absence from the city October 12 through October 19. The papers to be signed will consist mostly of purchase orders and expense payment vouchers. Gilbert D. Chavenelle City Manager 460 46;1 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. (A Resolution Accepting Improvement) RESOLUTION NO. 358-78 WHEREAS, the contract for the Walsh (Parkway) Street Storm Sewer has been completed and the City Manager has ex- amined 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 acceptance, now therefore, BE IT RESOLVED by the City Couneil of the City of Dubuque, that the recom- mendation of the 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 her.ep"y dJ- rected to pay to the contractor from the funds to be realized from the Sanitation Fund and Finley Hospital, issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, adopted, and approved this 16th day of October,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. Petition of Assembly of God Church re- questing permission to canvass the City with an informational flyer about the Church, presented and read. Council Member Brady moved that the petition be received and filed. Seconded by Coun- cil Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Communication of City Manager re- commending denial of petition of Robert A. Wagner et al requesting a two hour Sl'ecial Session, October 16, 1978 this That none of the cost thereof shall be assessable upon private property and $25,656.24 shall be paid from the Sanita- tion Fund and Finley Hospital. The Honorable Mayor and City Council The construction of the Walsh (Park- way) Street Storm sewer has been sub- stantially completed in accordance with plans and specifications by Tri-State Pav- ing Company of Dubuque, Iowa. Gilbert D. Chavenelle City Manager 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. FINAL ESTIMATE RESOLUTION NO. 357.78 WHEREAS, the contract for the Walsh (Parkway) Street Storm Sewer has been completed and the City Engi- neer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore. BE IT RESOLVED by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $25,656.24. substantiate this by enclosing an apprais- al made of the property. Further, this price is in line with other recent property transactions approved by the Council. You have before you a petition from Mr. and Mrs. Paul Loes for your consid- eration, offering $500 for the land. I re~ commend that the offer of $500 be denied and that a minimum offer of $1,384 be es- tablished to proceed with vacation. Mike Koch, City Engineer, will be prepared to discuss the matter with you. Gilbet D. Chavenelle City Manager Council Member Brady moved that the communication be received and filed. Se- conded by Council Member W ertzberger. Carried by the following vote: Yeas - Council Members Brady, Far- rell, Wertzberger. Nays - Mayor Tully, Counci' King. 1978 Member Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 'iii Passed, adopted, and approved 16th day of October, 1978. October 6, ~.' "",.,;,,,~.. ~'_' "'',,;'c,c '",'~'~' Special Session, October 16, 1978 Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Se- conded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members King, Wertzberger. Nays. Council Members Brady, Far- rell. Council Member Brady moved that the Civil Service Commission be directed to hold another promotional exam for the purpose to fill the position of Ambulance Driver/Attendant. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of University of Dubuque re- questing permission to have a bonfire on the evening of October 20,1978, as part of their Homecoming activities, presented alid read. Todd Newman and Pam Middlebrook, U of D students, spoke to the petition and submitted a set of guidelines to be follow- ed by them indicating proper supervision and control, if the request is granted. Council Member Brady moved that the request be approved subject to terms submitted by the University of Dubuque, if in compliance with DEQ as to burning material to be used, and also proper su- pervision of the Fire Department. Se- conded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, King, W ertzberger. Nays - Council Member Farrell. Communication of F. Paul Loes et ux submitting an offer of $500. for vacation and sale of Aspen Street, and if not ac- cepted requesting approval of the plat of Aspen Street as originally platted, pre- sented and read. Mr. Loes spoke to the communication by stating that the offer of $500. is too high. Council Member Wertzberger moved that the City Manag- er be authorized to make an offer of $1000. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas - Council Members Brady, Far- rell, Wertzberger. Nays - Mayor Tully, Council Member King. Honorable Mayor and City Council Several weeks ago you referred to the city. staff a petition to vacate Aspen Street. We worked with the representa- tive of the petitioners and made all ar- rangements to vacate the street and sell the property. We asked $1,384 plus re- cording and advertising expenses. This is approxImately 10 cents per sq. ft. and I October 11, 1978 tition be referred to the City Attorney. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. October 10, 1978 Honorable Mayor and City Council Members For the past four years, the City of Du- buque has filled vacancies in the job clas- sification of Ambulance Driver/Atten- dant by a promotional examination given to members of the Fire Department. It has been the intent of the Department to give a promotional examination in order to broaden the career objectives of per- sonnel in the Fire Department. Recently a number of personnel in the ambulance service requestd to be trans- ferred out of the ambulance service into the Fire Companies. In order to honor the request for their transfers and in order to provide a list of eligible candidates to fill the Ambulance Driver/Attendant vacan- cies, a promotional civil service examina- tion is given. At that time, only one per- son within the Fire Department express- ed interest in becoming an Ambulance Driver/Attendant. Because it appears that there is a lack of interest within the Fire Department to pursue a career as Ambulance Driver/At- tendant, I am asking that in the future we give a civil service entrance examination for the position of Ambulance Driver/At- tendant rather than the traditional pro- motional examination. The joJ> require- ments would be exactly the same as those of our current ambulance personnel in or- der that we may maintain the same effec- tive and efficient service that the City now provides. Therefore, to provide that we have an active list of qualified candidates for the job classification of Ambulance Driver/ Attendant, I would request the Council to adopt the attached Ordinance establish- ing that the civil service examination for the classification of Ambulance Driver/ Attendant be an original entrance exami- nation rather than a promotional exami- nation. 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 - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. AN ORDINANCE creating the posi- tion of Ambulance Driver(s)/Attendant(s) in the City of Dubuque, Iowa, prescribing the duties thereof and the qualifications thereof, presented and read. 462 Illil\ !' 1111,11 , ii! illlllil 465 me City Council of the City of Dubuque. Iowa on Matters of. Roadway Planning and Land Development In the John F. Kennedy Road Corridor. WHEREAS, Resolution No. 360-78 has modified plans for the improvement of John F. Kennedy Road; and. WHEREAS, such modification is made in the interest of securing a roadway capable of accomodating the expansion of commercial development in the John F. Kennedy Road corridor; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That it is the policy of the City Council that the installation of a center barrier median on John F. Ken- nedy Road will be considered only at such time as average annual daily traf- fic volume has reached twenty-four thousand (24.000 AADT) vehicles per day. Section 2. That it is the policy of the City Council that the additional right- of-way requirement and roadway width established by foregoing Reso- lution No. 360-78 is made in acknow- ledgement of land development antici- pated in the John F. Kennedy Road corridor, and of the local objectives to be served in such development; fur- ther, it is determined that zoningregu- lations and other land development controls now in force in that area are reasonably consistent with planned roadway improvements, and consider- ation of additional restrictions on de- velopment intensity is judged to be un- warranted at this time. Passed, adopted. and approved this 16th day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members SJlecial Session, October 16, 1978 ATTEST, Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 362.78 BE IT RESOLVED, By the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provi- sions of law relating to the sale of Cigaret- tes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 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. RESOLUTION NO. 380.78 Resolution Amending Resolution 95.78 by Repealing Section 1 Thereof and En. acting a New Section 1 in Lieu Thereof Establishing Roadway Width and Right. of.Way Width of John F. Kennedy Road from Asbury to Wacker Drive, and Wacker Drive from John F. Kennedy Road to Highway 20. WHEREAS, improvements on John F. Kennedy Road from Dodge and Wacker to Asbury are essential to meet the pre- sent and future transportation needs in this area; and WHEREAS, the original concept at the public hearing was to construct a 64 foot street, a 16 foot median on a 90 foot right-of-way; and WHEREAS, after a series of meetings with businesses along the corridor, the City modified that concept in Resolution 95-78 to a 60 foot roadway on an 80 foot right-of-way; and WHEREAS, as a result of recent anti- cipated developments in the corridor, it appears advisable to construct a 68 foot roadway on an 88 foot right-of-way. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A, Section 1. That the City Council en- dorses the concept of the construction of a 68 foot roadway on an 88 foot right- of-way from Dodge and Wacker to John F. Kennedy and John F. Kennedy from Wacker to Asbury. Also that the City Clerk be authorized and directed to forward a copy of this Resolution to the Iowa Department of Transportation. Passed, adopted, and approved this 16th day of October, 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 Memher Wertzherger moved adoption of the Resolution. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor. Tully, Council Members Brady, Farrell, King, Wertzherger. Nays - None. RESOLUTION NO. 381.78 A' Resolution Declaring the Policy of Session, October 16, 1978 may call for remodeling of whole I~yout. 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. Communication of Delos Dorweiler re- questing that if his existing yard on J.F.K. Rd. is reduced, a full range envi- ronmental impact study be furnished as advised by the Federal Highway people, presented and read. Council Member Wertzberger moved that the communica- tion be received and filed. Seconded by Council Member King. Carried by the fol- lowing vote: Yeas - Mayor Tully, Council Members! Brady, Farrell, King, Wertzberger. Nays - None. Communication of West End Business, and Professional Association Inc. advis- ing of a unanimous adoption of a resolu- tion supporting the Council in widening I Kennedy Road from Highway 20 to Asbu- ry Road to a travelled width of 68' and a right of way width of 88', presented and read. Jim Walsh, President of West End Bu- siness & Professional Assn. Inc. advised 70% of the members present approved the Corridor Area. Public Works Director Murray stated sidewalks will be built as part of this pro- ject. 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. Honorable Mayor and City Council Members As a result of changes in anticipated de. velopments along the John F. Kennedy Corridor, amendments for improvements of John F. Kennedy seem expedient. Presently, as stipulated in the Resolu- tion 95-78 adopted March 20, 1978, John F. Kennedy was to be widened to a 60 foot roadway on an 30 foot right-of-way. After further discussions with involved busi- nessmen and property owners in light of now anticipated development along JFK, it seems fitting to construct the facility to a 68 foot roadway on an 88 foot right-of- way. Attached is a resolution amending Sec- tion 1 of Resolution 95-78 which changes the width of the street to 68 feet on an 88 foot right-of-way. We would respectfully request your adoption of this resolution. Francis A. Murray Public Works Director October II, 1978 Special parking zone on Delhi St., petition be re- turned for consideration at this meeting, presented and read. Council Member Wertzberger moved that the communica- tion be received and filed and City Manag- er be directed to install signs for 2 hour parking for the duration of Finley Hospi- tal construction, Monday thru Friday from 9 A.M. to 6 P.M. Seconded by Coun- cil Member Farrell. Carried by the ~ollow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Public Works Direc- tor submitting a resolution requesting authorization for the Mayor to execute a contract with Durrant Group Inc. for en- gineering services on the 32nd St. Fire Station, presented and read. Council Member Wertzberger moved that the communication be received and filed. Se- ~onded by Council Member Brady. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. RESOLUTION NO. 359.78 WHEREAS, the City Council has ap- proved the selection of an architect to pro- vide certain services in connection with the 32nd Street Fire Station; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute a contract with the Durrant Group, Inc. to provide all architectural and engi- neering services for the Fire Station at 32nd Street and Central A venue. Passed, adopted, and approved this 16tb day 01 Oetober, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 464 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. Communication of Holiday Oil Distri- buting Inc. advising of 11 minimum cost of $150,000. to them in the further widening of J.F.K. Road, presented and read. Pat Chew spoke to the communication advising of no objection to the widening; Would be very expensive; Suggested it ~"'-"-"-" " 467 cancellation of service for 3200 or more subscribers is consistent with Section 7 of Ordinance No. 25-63, presented and read. Council Member Wertzberger moved that the communication be referred to the City Manager and City Solicitor. Second- ed by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzherger. Nays - None. MINUTES SUBMITTED - Citizens Advisory Commission of 9-26; Dock Com- mission of 8-14, 9-6 and 9-19; Five Flags Center Commission of 10-3 and Housing Rehabilitation Commission of 9-26, pre- sented and read. Council Member Wertz- berger moved that the minutes be receiv- ed and filed. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of DEQ submitting ex- tended permit of 250' of 6" water main in St. George Sub., also permit for 180' of 8" pipe for Theisen Bldg. Co., presented and read. Council Member Wertzberger mov- ed 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, Wertzberger. Nays - None. Communication of City Manager sub- mitting reports of City Treasurer, Fi- nance Director, Water Supt., Health Dept., also list of claims for August, 1978, presented and read. Council Member Wertzberger moved that the communica- tion 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. Proof of Publication, certified to by the Publisher, of List of Receipts and Dis- bursements for month of August, 1978, presented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Second- ed by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Notices of Claims - Mrs. Mary Kerth, in an undetermined amount, for personal injuries received in a fall at the alley on 16th Street; Julie A. Heinz, in an undeter- minzed amount, for personal injuries re- ceived in a fall in front of City Hall on Sep- tember 26, 1978; Shirley Anne Stonskas, in an undetermined amount for personal injuries received as the result of being struck by a city-owned bus at 22nd & Cen- tral Ave. on September 1, 1978, present- Special Session, October 16, 1978 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Charlotte Solomon submitting her resignation as a member of the Historical Preservatioll" Commis- sion, presented and read. Council Mem- ber Wertzberger moved that the commu- nication be received and filed and resigna- tion accepted with regret. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Copy of Communication to Walnut Grove Co. from HUD advising them of their disapproval of preliminary proposal for 26 Elderly Units on W.17th St., pre- sented and read. Council Member Wertz- berger moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor TuBy, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Iowa Arts Council advising of non-support of Dubuque's Community Incentive Program, present- ed and read. Council Member Wertzber- ger moved that the communication be re- ceived and filed. Seconded by Council Member Brady. Carried by the follow~ng vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Employment Interviewer submitting a Statistics Re- port for 1978 on the Mayor's Summer Youth Employment Program, presented and read. Council Member Wertzberger moved that the communication be receiv- ed and filed. Seconded by Council Mem- ber King. Carried by the following vote: Yeas - Mayor 'fully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communications of Edna Wunderlich, Mary G. Starr, Copy of communication to Teleprompter from Thomas A. Lukse- tich, Robert J. Reding, Hazel Boal, Mrs. Fred Moehl, Mrs. Donald L. Brauhn, Rob- ert P. Clark, Miss Else Moehl, Harold E. Schuster, Mrs. Louis Noel and Emma L. Bergman all objecting to the proposed TV Rate Increase, presented and read. Coun- cil Member Wertzbergcr moved that the communications be received and filed. Se- conded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Cable TV Commis- sion recommending the City seek the opi- nion of legal counsel on whether or not Sllecial Session, October 16L 1978 A TTES~': 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. Communication of Fourth Street Neighborhood Ass'n. objecting to the op- eration of a Liquor License at 320 Main Street, presented and read. Council Mem- ber Wertzberger moved that the commu- nication be received and filed and referr- ed to Council & Staff. Seconded by Coun- cil Member FaITell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Peoples Natural Gas advising of rate increase effective November 20, 1978 - 2.270 cents per hundred cubic ft. in town residential and commercial; 2.189 cents to rural custom- ers - average $36. to typical residence, presented and read. Council Member Wertzberger moved that the communica- tion be received and filed. Seconded by Council Member Brady. Carried by the following vote: ~~~=.=~~"~.=~ ="-,~~.,c,-"c~"" Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 364.78 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The p'remises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED, By the City Council of the City of Du- buque, Iowa, that the Manager be author- ized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Orville P. Murphy (Also Sunday Salesl - 139 Locust Street. CLASS "B." (HOTEL. MOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling (Also Sunday Salesl - 701 Dodge Street. Passed, adopted, and approved this 16th day'of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members -- John Francis Davis, Jr. crest. Sunnycrest Manor Health Care Fa- cility - 2375 Roosevelt St. Passed, adopted, and approved this 16th day of October, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 466 CLASS "B." BEER PERMIT Big "G" Steak House, Inc. (Also Sunday Sales) - Plaza 20. Loras College - Alta Vista St. & Loras Blvd. CLASS "C" BEER PERMIT Groves-Kelco division of Marshall Foods Inc. (Also Sunday Sales) - 1920 Elm St. Nash Finch Company'- JOJIll F. Ken- nedy Rd. & H wy. 20 West. John Francis Davis, Jr. (Also Sunday Sales) - 3345 Hillcrest. Passed, adopted, and ap-proved this 16th daJ of October. 1978. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: 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 Mem- bers Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 363.78 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 RESOLV- ED By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. Hi Thomas A. Tully Jr. Mayor Richard Wertzberger D. Miclmel King James E. Brady Carolyn Farrell Council Members 3345 '~-""',,"_.~,'"~_..,""":'-fii1>.'_,J.l( ~/. 468 ~I 469 November 1, 1978 Honorable Mayor and City Council On October 12. 1978. tbe Cable TV Commission of the City of Dubuque, Iowa transmitted a written communication to the Honorable Mayor and City Council and the City Manager relating to the view of said commission pertaining to the in- tent of the Teleprompter firm to drop the classification of a lifetime rate and to con- vert all cable subscribers to the regular rate effective December 1, 1978. I have been in communication with the City Manager in connection with this matter, and it is my understanding that in his opinion such a change constitutes a rate change and must be done with coun- cil approval. I refer you to the letter of October 12, 1978 of the Cable TV Commission which appears to be quite extensive and exhaus- tive and essentially quite to the point. In reviewing Ordinance No. 25-63 and Ordinance No. 8-75, it manifestly appears that in effect a lifetime rate is being eli- minated; and that such being the fact, the consequential change results in a rate change and council approval must be se- cured. Accordingly, it is the position of the Ci- ty Attorney's Office that the determina- tion of the City Manager that such a move by Teleprompter is in effect a rate in- crease and such rate increase must com- ply with the provisions of Section 8 of Or- dinance No. 25-63 which provides as fol- lows: "The Company shall have the right to prescribe the reasonable service rules and regulations for the conduct of its busi- ness, not inconsistent with the provisions of this Ordinance. Such rules shall be filed with the City Clerk and shall be effective as of the date of such filing, and be subject to approval by the City Council within six months after such filing." is hereby confirmed. Section 1 of Ordinance No. 8-75, among other things, states as follows: ".. .The Company agrees it shall be sub- ject to all authority now or hereafter pos- sessed by the City Council or any other body having competent jurisdiction to fix reasonable and compensatory television signal distribution rates. . . ." R. N. Russo City Attorney Council Member Wertzberger 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, Wertzberger. Nays - None. Communication of Teleprompter Cable TV requesting discussion set for this Rel!:ular Session, November 6, 1978 November 1, 1978 Honorable Mayor and City Council On October 4,1978, Mr. Thomas Millit- zer, Telepromper of Dubuque General Manager and Mr. Terry Meyering, Dis- trict Manager, came to my office and re- viewed the October 3rd letter indicating a change in the rate structure by eliminat- ing the charter lifetime rate of $5.75 per month. In my discussion with Mr. Millit- zer and Mr. Meyering I indicated that Section 9 of the franchise, which reads as follows, would be controlling in the mat- ter. "The Company agrees that it shall be subject to all authority now or hereafter possessed by the City Council or any other body having competent jurisdiction to fix reasonable and compensatory tele- vision signal distribution rates." I also cited the most recent rate ordi- nance amendment no. 8-75, which specifi- cally lists the lifetime rate as $5.75. Based on the franchise and the ordi- nance I believe that the proposal to change the lifetime rate is a matter which must be considered by the City Council and be made subject to an amending rate ordinance. I am enclosing a copy of the letter of Oc- tober 3rd from the Teleprompter Cable TV Company and ask that this proposal be brought before you for your considera- tion. Gilbert D. Chavenelle City Manager Council Member Wertzberger 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, Wertzberger. Nays - None. OFFICIAL Regular Session, November 6, 1978. Conncil met at 7:30 P.M. (C.S.T.) Present - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that service thereof had been duly made and this meeting is called for the purpose of acting upon such business as may prop- erly come before the Meeting. Invocation was given by Rev. James Gordon, Pastor of St. Elias the Greek Or- thodox Church. Proclamations proclaiming second week in November as "Youth Apprecia- tion Week" and Week of November 12 to 18 as "Key Club Week," were so proclaim- ed by Mayor Tully. ity Council C Special Session, October 16, 1978 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that the Transit Board be directed to re- port back within 2 months as to recom- mendations as to cuts by the previous Board and forestall any action by previ- ous direction from the Council to rein- state services. Seconded by Council Mem- ber King. Carried by the following vote: Yeas - Mayor Tully, Council Members King, Wertzberger. Nays - Council Members Brady, Far- rell. Council Member Wertzberger-moved that Staff be directed to petition the County Board Of Supervisors for annexa- tion of Mercer Drive; Seconded by Coun- cil Member Brady. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Fred Tippe addressed the Council re- questing Ordinance to delete 4 or 5 year requirement experience for Plumbing In- spectors; Only inspection in trades that requires this. Advised of new mandatory inspection on Housing Code coming up. There being no further business, Coun- cil Member King moved to adjourn. Se- conded by Council Member Wertzberger. 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 ed and read. Council Member Wertzber- ger moved that the Notices of Claims be referred to the City Attorney for investi- gation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Attorney ad- vising that the sewer back-up claim of Ed- ward J. Matous was litigated in the Dis- trict Court and has been disposed of at no cost to the City, presented and read. 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. Petitions of Michael T. Dawson re- questing a refund of $75. on unexpired portion of Cigarette License No. 1551 and Dubuque Art Association requesting re- fund of $225. on unexpired portion of Beer Permit No. B-SB 5308-78, presented and read. Council Member Wertzberger mov- ed that the refunds be granted and City Auditor directed to iS,sue proper war- rants. Seconded by Council Member Far- rell. Carried by the followinj:{ vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proofs of Publication, certified to by the Publisher, of Notices of expiration of right of redemption and for taking tax deeds (Sophia Clark) for Lots 38, 39, 40 in Pleasant View Addn., also (Stella & Ver- non Moore)on Lot 1 of20f1 of4ofMineral Lot 122, presented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ProotofPublication, certified to by the Publisher, of Notice of Receipt of Bids for receipt of Fire Apparatus, presented and read. Council Member Wertzberger mov- ed that the proof of publication be receiv- ed and filed. S'econded by Council Member Farrell. Carried by the following vote: Yeas - Mayor' TuBy, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Communication of Plarining & Zoning submitting Zoning Supplemental Sheets for Ordinances adopted thru September 18, 1978, presented and read. Council Member Wertzberger moved that the communication be received and filed. Se- conded by Council Member Farrell. Car- ried by the following vote: