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1977 November Council Proceedings 554 Special Session, October 31,1977 Councilman Pregler moved that the communication he received a'hd filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. (Awarding Contract) RESOLUTION NO. 450.77 WHEREAS, sealed proposals have been submitted by contractors for the Municipal Garage Addition pursuant to Resolution No. 413-77 and notice to bid- ders published in a newspaper published in said City on October 7,1977: and WHEREAS, said sealed proposals were opened and read on October 25, 1977, and it has been determined that the bid of J.P. Cullen and Son Construct- ion Company of Dubuque, Iowa in the amount of $188,358 was the lowest bid for the furnishing of all labor and mater- ials and performing the work as provid- ed for in the plans and specifications; now therefore, BE IT RESOJ.VED by the City Coun- cil of the City of Duhuque that the con- tract for the ahove mentioned im- provement be awarded to J.P. Cullen and Son Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the cootractors bond the City Treasurer is authori'ed and in- structed to return the bid deposits to the unwccessful bidders. Passed and adopted this 31st day of October, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Waltcr A. Pregler Councilmen ATTEST: I.eo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolntion. Seconded hy Mayor Stackis. Carried hy the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wert,bm'ger. Nays-none. Abstain-Councilman Tully. Communication of Fire Chief Dunphy requesting permission to go to bid for the new modular type ambulancc, pre- sented and read. Couneilman Wert,ber- ger moved that the request be granted. Seeonded by Couneilman Tnlly. Carried by the following vote: Regular Session, November 7, 1977 555 . 1978 . 1978 CITY COUNCIL OFFICIAL Regular Session, November 7, 1977- Council met at 7:30 P.M. (C.S.T.) Present-Mayor Staekis, Councilmen Brady, Pregler, Tuily. City Manager Gil- bert D. Chaveneile. Absent-Councilman Wertzberger. Mayor Stackis read the call and stated that sèrvice thereof had been duly made and this is THE REGULAR MONTHLY MEETING of the Council cailed for the purpose of acting upon such business as may properly come before the Meeting. Invocation was given by Rev, Mark M. Gurman of Seyenth Day Adventist Church. Proclamations prociaiming week of November 6 thru 12 as "Children With Learning Disabilities W.ek" and week of November 13th to 19th as "American Edueation Week" were read, approved and signed by Mayor Stackis. Communication of Board of Dock Commissioners submitting minutes of their meetings of October 5 and October 19, 1977, presented and read. Council- man Tully moved that the minutes be received and filed. Seconded by Couneil- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Couneilmen Brady. Pregler, Tully. Nays-none. Absent-Councilman Wert,berger. Communication of Airport Commis- sion submitting minutes of their meet- ing of October 13, 1977, presented and read. Councilman Tully moved that tbe minutes be received and filed. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Communication of Planning & Zoning Commission submitting minutes of their meetings of October 11 and October 24, 1977, presented aod read. Couocilman Tully moved tbat the minutes be receiv- ed and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayer Stackis, Counciimen Brady, Pregler, Tnlly. Nays-none. Absent-Councilman Wertzberger. Communication of Five Flags Civic Center submitting minutes of their meeting of October 18, 1977, presented and read. Councilman Tully moved that tbe minutes be received and filed. Se- conded by Councilman Pregler. Carried by the following vot"' Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication ofCET A Coordinator submitting CET A Title VI Contract for fiscal year 1978 and requesting approval of new contracts subjeet to Council approval, prfsented and read. Council- man Brady moved that the contract be rejected. MOTION DIED FOR LACK OF A SECOND. Counciiman Wertzber- ger moved that the program be adopted and Mayor be instructed to sign contract. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Tully, Wertzberger. Nays-Counciiman Brady. There being no further business, Councilman Tully moved tbat the meet- ing adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stuckis, Councilmen Hrady, Pregler, Tully, Wertzbcrger. Nays-none. Approved... . Leo F. Frommelt City Clerk Adopted................... ATTEST, City Clerk Councilmembers -~-- Yeas-Mayor Stackis. Counciimen Brady, Pregier, Tully. Nays-none. Absent-Councilman Wertzberger. Communication of Five Flags Center Building Committee submitting minutes oftbeir meetingofOctober 12, 1977, also information secured on visit to Madison and Duluth Civic Centers, presented and read. Counciiman Tully moved that the minutes and information report be received and filed. Seconded by Councii- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Counciimen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Communication of Playground and Recreation Commission submitting min- utes of their meeting of October 17, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vok Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Counciiman Wertzberger. Communication of Housing RehabUl- tation Commission submitting minutes of their meeting of October 25, 1977, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Couneilman Pregier. Carried by the following vote: Yeas-Mayor Stackis, Counciimen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Communieation of Housing Commis- sion submitting minutes of their meet- - ing of October 18, 1977, presented and read. Councilman Tully moved that the minntes be received and filed. Seconded by Couociiman Pregier. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wert,berger. Communication of Dubuque Cithens Advisory Commission submitting min- utes of their meeting ofOctober 25, 1977, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Counciimen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Communièation of Five Flags Center Commission sobmitting minutes of their meeting of November 1, 1977 also Spec- ial Memorandum to tbe Council, present- 556 the City ofDubuque Water Department, presented and read. Couneilman Tuily moved that tbe commuuication be re- ceived aud filed. Secunded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Staekis. Councilmen Brady. Pregler, 'l'uily. Nays-none. Absent-Councilman Wertzberger. Communication of City Manager sub- mitting Financial Audit of the Housing Authority for the period of Marcb 1. 1976 to June 30, 1977. presented and read. Councilman Tuily moved that the communieation be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily. Nays-none. Absent-Councilman Wertzberger. Communication of Assistant City Manager advising that the Housing Commission has selected William Wat- ters as a replacement to the Rehabilita- tion Commission and requesting Council confirmation, presented and read. Coun- cilman Tully moved that the commnnica- tion be received and filed and request approved. Seconded by Mayor Stackis. Carried by tbe foilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily. Nays-none. Absent-Councilman Wertzberger. Communication of City Manager sub- mitting reports of the City Treasurer, Finance Director, Water Superinten- dent. Health Department, as well as a list of claims paid. for month of Septem- ber, 1977. presented and read. Council- man Tuily moved that the communica- tion be received and filed. Seconded by Mayor Stackis. Carried by the foilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily. Nays-none. Absent-Councilman Wertzberger. Proof of Publication, certified to by the Publisher, of list of receipts and expenditures. also list of eiaims for month of September. 1977. presented and read. Councilman Tuily moved that the proof of publication be received and filed. Seconded by Mayor Stackis. Car- ried by the foilowing vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tuily. Nays-none. Absent-Councilman Wertzberger. Communication of City Manage'r requesting-discussion relative to a visit being arranged with the State Building Code Commissioner, possibly for week of December 12. 1977. presented and Regular Session, November 7, 1977 Regular Session, November 7, 1977 557 ed and read. Councilman Tuily moved that the minutes and special memoran- dum be received and filed. Seconded by Mayor Stackis. Carried by the foilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Communication of Iowa D.E.Q. advis- ing of no decision at this time as to final payment of grant payment for Wastewa- ter Treatment facilities. however inter- im payment is now being processed, pre- sented and read. Councilman Tuliy moved tbat the communication be re- ceived and filed. Seconded by Mayor Stackis. Carried by the foilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tuily. Nays-none. Absent-Councilman Wertzberger. Communication of Advisory Council on Historic Preservation, Washington D.C., submitting procedures devised to facilitate compliance with terms of spec- ial condition attached to Marshall- Roosevelt Park Improvements. present- ed and read. Councilman Tuily moved that the communication be received and filed and referred to the Historieal Pre- servation Commission. Seconded by Mayor Stackis. Carried by the foilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tuily. Nays-none. Absent-Councilman Wertzberger. Communication of City Assessor sub- .mitting stipulations of settlement agreed upon by Fischer Realty and Fis- cher & Co. Inc. on the Fischer building and Arcade building, presented and read. Councilman Tuily moved that tbe communication be received and filed. Seconded by Mayor Stackis. Carried by the foilowing vote: Yeas-Mayor Staekis, Councilmen Brady. Pregler, 'fully. Nays-none. Absent-Councilman Wertzberger. Commnnication of Dubuque Bicycle Club extending thanks for support given for the first annual Dubuque Criterium Bicycle Race, presented and read. Conn- cilman Tuily moved that the communica- tion be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler. Tuily. Nays-none. Absent-Conncilman Wertzberger. Communication of City Manager sub- mitting the Financial Andit beginning July 1, 1976 through Jnne 30. 1977, for read. Councilman Tuily moved that the communication be received and filed. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tuily. Nays-none. Absent-Conncilman Wertzberger. Communication oCDubuque County Auditor advising of sale of various County owned properties witbin the City and requesting Conncil approval of same, presented and read. Councilman Tuily moved that the communication be received and filed and request approved. Seconded by Councilman Pregler. Car- ried by the foilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Notice of Personal Injury Claim of Rose Placke. in an undetermined amount, for injuries received in a fail between the curb and sidewalk on Ham- ilton Street on October 7. 1977, present- ed and read. Councilman Tuily moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pre- gler. Carried by the foil owing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily. Nays-none. Absent-Councilman Wertzberger. Notice of Car damage claim of Donald J. Manders, in the amount of $45.00, as the result of driving into broken glass in tbe street at 497 College St. on October 11, 1977, presented and read. Council- man Tuily moved that the notice uf claim be referred to the City Solicitor for investigation and report. Seconded by - Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tuily. Nays-none. Absent-Councilman Wertzberger. Original Notice and Petition before the Iowa Industrial Commissioner by Robert F. Briggs Jr., claimant, City of Dubuque Employer and Hawkeye Secur- ity Insurance Co. as insurance carrier advising of a hearing to be held after October 25th as the result of an Indns- trial accident. presented and read. Coun- cilman Tully moved tbat the notice be referred to the City Solicitor for investi- gation and report. Seconded by Council- man Pregler. Carried by the foilowing vote: - Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Notice of truck damage claim of Mrs. James Freiburger. in an estimated amount of $65.92. for truck damage in- enrred as the result of a gate dropping on said trnck at the Iowa Street parking ramp on October 21.1977, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully. Nays-none. Absent-Councilman Wertzberger. Notice from Small Claims Court by Edward J. Matous, PlaintIff vs. City of Dubuque in the amount of $230., based on damage from sewer backup plus loss of work time at 2175 Roosevelt St.. pre- sented and read. Councilman Tuily moved that the Notice be referred to the City Solicitor for investigation and re- port. Seconded by .Councilman Pregler. Carried by the foilowing vote, Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily. Nays-none. Absent-Councilman Wertzberger. October 28,1977 Honorable Mayor and City Council On the 15th day nf August, 1975. Or- iginal Notice with Petition attached was served on the City of Dubuque by Mollie Brandenberg, plaintiff, against the City of Dubuque and Duhuque Elec- tric Motor Service, Inc.. defendants, wherein the plaintiff claimed injuries al- legedly resulting from a fail on a public sidewalk at the southwest corner nf the intersection of 13th and Wbite Streets in the City of Dubuque, claiming an ac- cumulation of ice and snow thereat and further claiming damages in the amount of $12,000.00. and that said aileged fail and injuries occurred on the 21st day of February, 1975. Said original notiee with petition at- tached was referred to tbe City Attor- ney's Office and appropriate defenses have been asserted against said action, and in tbe col"se of preparing said cause for trial an offer of settlement in the amount of $200.00 was made. In the opinion of tbis writer, said offer of set- . tlement should be aecepted. The City Auditor should be instruct- ed to draw a warraot payable to Mollie Brandenberg in the amount of $200.00 and transmit the same to the City At- torney for delivery upon receipt of Dis- missal with Prejudice and respective releases from liability. The original no- NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code ances of the City amended then",l: aho n.' dinan~c and Zoning Map of the Dubaque, Ioma", to recla.'."fy ter de.""itwd property from AG cultural Distriel to C-S Arterial ne.s.' Di.strict classi"cation, the follom- inydescribcdreale;tate, tomit:' Property de.<rribed as Lot 1-2-1-1-2- 1 of Mineral Lot 244: Lot 2-2-1-1-2-1 of lVhneral Lot 244: and Lot 1 of 18 and Lot 1 of 19 of Center Grove all in thc City~fDubuque, lama. Section 2. That said territory I"", become a part of the 19th Voting Pre- cinct of the GityofDutmque, I",me Section 3. That the fore.qoiny amendment has heretofore been a¡,- proved by the Planniny and Zordng Commi"ion of tire City of Dubuqae. lama. Po""" adopted, and approved tI,is 7thda1/0i'Novemlrer.1977. . . EmilSt.aclcis Mayor Tho";as A. Tully Jr. Walter A. Pregler Jame.Œ. Brady Councilmen Section 3. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, lama. 558 Regular Session, November 7, 1977 Regular Session, November 7, 1977 559 tiee with copy of petition attaehed thereto is reta.-ned herewith. R. N. Russo City Attorney Councilman Tully moved that the reeommendation of settlement be ap- proved and City Auditor directed to is- sue proper warrant. Seconded by C oun-I cilman Pregler. Carried by the follow- ingvote: Yeas-Mayor Stackis, Councilmea B...dy, , Pregler, Tully. Nays-none. Absent-Councilman Wert"berger. Proof of Publication, ce,tified to by the Publisher, of Notiee of Public Hear- ing to amend the Zonin~ Ordinanee by reclassifying the Tschiggfrie-Hocsefield property parts of M.L. 244 and 1 of 18 and 1 of 19 of Center Grove f,om AG Agricultural to C-3 Arterial Bnsiness District, presented and read. No writ- ten objections were filed and no ocal ob- jectors were present in the Council Chambers at the time set for the bear- ing. Councilman 'fully moved that the proof of publication be received and fil- ed. Seconded by Mayo>' Stackis. Ca,- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully. Nays-none. Absent-Councilman Wert"berger. ORDINANCE NO. 70.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT I THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZON. ING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING THE TSCHIGG. FRIE.HORSEFlELD PROPERTY ON DODGE STREET FROM AG AGRI. CULTURAL DISTRICT TO C.3 ARTE. RIAL BUSINESS DISTRICT CLASSIFI. CATION, said Ordinance baving been previously pcesented and read at the Council Meeting of October 3, 1977, presented for final adoption. ORDINANCE NO. 70.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING THE TSCHIGGFRIE. HORSEFIELD PROPERTY ON DODGE STREET FROM AG AGRICULTURAL DISTRICT TO C.3 ARTERIAL BUSI. NESS DISTRICT CLASSIFICATION Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wert,bergec. ORDINANCE NO. 71.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING THE ANTHONY PROPERTY ON ROOSEVELT ROAD FROM AG AGRICULTURAL DISTRICT TO R.2 RESIDENTIAL DISTRICT CLASSIFICATION, said Ordinan,e baving been previously presented and read at the Council Meeting of October 3, 1977, presented fo, final adoption. A1'TES7' LeoF. Frommelt City Glnk Published o.//icially in the Telegraph Herald Newspaper U,is 10th day of No- vember, 1977. ORDINANCE NO. 71.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING THE ANTHONY PROPERTY ON ROOSEVELT ROAD FROM AG AGRICULTURAL DISTRICT TO R.2 RESIDENTIAL DISTRICT CLASSIFICATION NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: LeaF. F,."mmelt City Clerk Section 1. That the Code of Ordin- ances of the City of Duhuque, Ioma, be amended by revising Appendix A lhere- at also known as the "Zoning Ordin- ance and Zoning Map of the City of Du- buque, Iowa", to recla."ify hereinafter described property from "AG Agricul- tural District" to "R-2 Residential Dis- trict" clas,;fication, the following de- scribedreale.state, to wit, Lot 2 of the Nartbeast 'I, of the Sou- theast % o/Section 12, Tomn",ip 89 North, Range 2 East of the 5th Prin- cipal Meridian, in the City of Dabu- que, lama, Section 2. That said territory has become a part of the 4th Voting Pre- cinct of the City of Dubuque, Ioma. 1t 11/10 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Mayor Stackis. Carried b)1 the follow- ing vote.- Yea,s-Mayor Stadci", Councilmen Brody, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend tbe Zoning Ordinance so as to reclassify the Anthony property on Roosevelt Road from AG Agricuitural to R.2 Residential District Classifica- tion Lot 2 ofNE'I, ofSE'/, Sec. 12 Twp. 89 N. R 2E, presented and read. No written objections were filed and no, oral objectors were present in tbo Council Cbamber at the time set for the hearing. Councilman Pregler moved that the proof of publication be receivèd and filed. Seconded by Councilman Tul- ly. Carried by the followingvok Pa.md, o.dopted, and approved thi.s 7th day ofNovem t>er, 1977. P;miIStacki.s Mayor ThomasA. TullyJr- WalterA. Pregler James E. Brady Councilmen A TTES1'.- L,'oF.F,."mmelt City Clerk Publi;hed in the Teleqraph Herald Newspaper 10th day of N,,- vemhcrJ.977. I.eoF. Frommelt Cit.yClerk 1111/10 Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried Iry the fol- laming vat" Yew-MayorStad"s, Councilm,mBTOJJy, Pregler, Tully. Na1/s-none. Ab;ent-Councilman Wertzberger. Proof of Pnbli,ation, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning O,dinance on ¡'the Dubuque Development Inc. proper- ty from AG Agricultural to R-2 and R-3 'Residential District Classification, be- ing a portion of the Siegert Farm prop- erty, presented and read. No written objections were filed and no oral objec- tors were pcesent in the Council Cbam- ber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Sec- onded by Councilman Pregle,. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully. Nays-none. Absent-Councilman Wert,berger. ORDINANCE NO. 72.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PORTIONS OF THE DUBUQUE DEVELOPMENT, INC. PROPERTY FROM AG AGRICULTUR. AL DISTRICT TO R.2 AND R.3 RESI. DENTlAL DISTRICT CLASSIFICA- TION, said Ordinance having been previously presented and read at the Council meet- ing of October 3, 1977, presented for fi- nal adoption. ORDINANCE NO. 72.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY 560 Regular Session, November 7, 1977 OF DUBUQUE, IOWA, BE AMENDED one quarter of the southeast one BY REVISING APPENDIX A THERE- quarter of Section 20, T89N, R2E of OF, ALSO KNOWN AS THE "ZONING the ,>th Principal Meridian; thence ORDINANCE AND ZONING MAP OF W 84'1.12 teet; thence NO', 10' E, THE CITY OF DUBUQUE, IOWA," BY 581.14 fee't; thence N 89', .50' W, RECLASSIFYING PORTIONS OF THE 1.so.00 feet; thence N O~ 13' W, DUBUQUE DEVELOPMENT, INC. 527,31 jeet; thence N 89~ 47' E, PROPERTY FROM AG AGRICULTUR. 150.00 feet; thence SO', 13' E, 329.8,7 AL DISTRICT TO R.2 AND R.3 RESI. feet; Ihence S 57', 50' E, 243.29 feel; DENTIAL DISTRICT CLASSIFlCA. Ihence SO': 10' W, 317,00 feel; TION thence ea.,t 10 the west property NOW THEREFORE BE IT ORDAIN. line of Lot 2 of Lot 1 of Ihe South- ED BY THE CITY COUNCIL OF THE east one quarter of the southeast CITY OF DUBUQUE, IOWA: one quarter of Section 20, 7'89N, Section 1. That the Code of Onlin- R2E of Ihe 5th Principal Men'dÙw, ance.' of the City of Dubuque, Iowa. be being parallel to and 350,00 feet amended by revising Apendix A there- we"terly of the east section line of of, also known as the "Zoning Ordin- Seclion 20,' T89N, R2E of the 5th ance and Zonin,q Map of the City of Du- Principal Meridian; thence ""nther- huque, Iowa': to recla",ify hereinafter ly to the point of heginning, all in described property from AG Agricul- the City of Dubuque, Iowa, tural Di,strict to "R-2 Residential Dis- Section 3. That 8aid ter..;toru I"", trict" cla"ificatian. the fallowing de- hecame a part of the 20th Voting Pre- "rihedreale8tate, to wit; cinct of the City ofDubuqae, IoU'a, The area hounded by a line descrih- Section 4. That the faregoiny cd as follows; Commencing at the amendments have heretofore been ap- Southeast corner of Section 20. proved by the Planning and Zaninq T89N, R2E, af the 5th Principal Me- Commis,sian of tlw Cily of Dubnqae, Ihence West along ,said ,sec- Iawa, tion 346,80.t<.d to a point Iwinq Pa,s"cd, adopted, and approved Ihi., the So.uthwe..t ,00rnerofJ.ot 2 o.fLot 7thdo.yofNoeeml¡er, 1977. 1 of the Southeast 'I, at the So.uth- - EmiISt""ki" ea;t 'I, of Sedio.n 20. T89N, R2E o.f Mayor the 5th Principal Merr:dian; thence Tlwn",s A. Tully,Jr, NO", 18' W, 3S3,OO feet ,dong the Walter A, Pregler west property line of .'aid 101. l¡einy James E. Brady parallel to. and 850.00 feet w,d"rly Coancilmen at the Ea,st section line o.f' ,<aid .m- ATTEST lion to. the point of beginning; Lea J', Frommelt Thenc" NO", 18' W, 2159.81 fed; City Cleric theneeS 89", 57' W 99-9.46 feet; PnbliÛred oft>'cially in the Teleyraph thence SO', 13' E, 1.197..9.'1 feet; Herald New,spaper thi.s 10th day of Na- thence N 89', 47" E, 150,00 feel; 'lember 1,977. thenceSO",I,j'E,329.8, (eet;thence S 57",50' E, 248.2,9 (ecl;ú,ence SO', 10' W, -9noo feel; thence Eo.,t to. Ihe point of Iwginning, all in the City of DalJUque, Io.wa, Section 2. That the Code Ordin- ances of th" City of DulJUqrw, IH' amended by revi"'-ny Appendix A 0/ al,so. kno.wn 0..' Ihe "Zoning Onlin- nnre and honing Mnp of Ihe City 0..1 Dubuque. Iowa': to reda.,.,!!!,lwreina!: ter de,<eribed pro.perty from "AG Agri- cultural Dr:strict" da,ssification to "R-.'I Re...-d,mtial District" clas,8THeo.tirm, Ihe f"llowi"'1 de"ccil;ed real "st~te, 10. wit.- An area bDunded Inl 0. /ine d"sccil,- rod a,' tÒllmm," Cam~"mdny at the .sout/rea,st coruer 0.( S"ctio.n QO. T8.9N, R2E of 'II" 5tÌ1 Me- thence We,sl alo.ny ,"'c- to. Ihe point af t/re .,o.alhw,',st cor- Io.fthe,sout/rea,st Regular Session, November 7, 1977 561 tio.n be reeeived and filed. Secoaded by Councilman Pregler. Carried by the foi- lowing vote: Yeas-Mayor Stack!s. Co.uncilmen Brady. Pregler,Tuily. Nays-no.ne. Absent-Councilman Wertzberger. ORDINANCE NO. 73.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY ENACTING A NEW SECTION 5.108 OF ARTICLE V THEREOF, PROVID- ING FOR REGULATION REQUIRE- MENTS AND THE DEFINITION OF ADULT ENTERTAINMENT ESTAB- LISHMENTS, said Ordinance having been previously presented and read at the Conncil Meeting of October 17, 1977, presented for final adoption. ORDINANCE NO. 73.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY ENACTING A NEW SECTION 5-108 OF ARTICLE V THEREOF, PROVID. ING FOR REGULATION REQUIRE- MENTS AND THE DEFINITION OF ADULT ENTERTAINMENT ESTAB- LISHMENTS NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the CDde of Ordin- ances Qf the City of Dubuque, IQwa be amended by revising Appendix A the- reQf, also. knQwn as the "ZDning Ordin- ance and Zoning Map Qf the City Df Du- buque. Iowa'; by enacting a new Sec- tiDn 5-108 Qf Article V thereQf, as fol- IQWS; "ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS Section 5-108 Adult Entertainment Establishments Regulations, Re. quirements and Definitions Section 5-108.1 General Statement of Intent The special prQvisiDns of this Sec- tiQn are intended to. regulate the 10- catiDn of adult entertainment estab- lishments as herein defined, by spe- cifying districts in which such uses may be permitted and requirements fQr spatial separatiQn Df such uses. LeaF. Frommelt Ci'yCle,-k 11 11110 Councilmo" Tully maved .IÏ1fal odol'- lion 'he Ordinance. Seconded IHI Pr'cgler. Carried by II"'foi- lowingi","" Y"u<-MouOT'Stocki,s. Coon";ln".,, Brad", Preyler. T~lIy, ' Nml,s-nm,e- Ab;enl-Caa"cilrnan 1I'",tz"erg"'-, Proof of Publication. certified to by tbe Publisher, o.f Notice of Public Hear- ing to amend the Zoning Ordinanee by enacting a new Section 5-108 Qf Article V thereof pro.viding for regulation re- quirements and the definition of Adult Entertainment Establishments, pre- sented and read. No written objections were filed and no oral objectors wore present in the Council Cbamber at the time set for the hearing. Councilman Tully moved that the proof of publica- Nothing in this ordinance shall be cDnstrued or interpreted to permit adult entertainment e.stablishrnents in area.' other than those set forth herein, Adult entertainment estab- lishments are hereby acknQwledged to. have special characteristics and impact., upon their surroundings, and upo.n the use and enjDyment of adjacent prDperty. It is the intent of these regulatiDns to provide fDr the confinement o.f adult entertainment establishments to thQse CQmmer- cial and Industrial areas in which these special impacts are judged to he least disruptive to the use and enjoyment of adjacent prDperties. These regulation., are further inten- ded to require that adult entertain- ment establishments shall nDt he permitted to. IQcate in .mch CDncen- tratiQn that their operational fea- tures may establish the dDminant character of any CDmmercial or In- dustrialarea. These regulations are further in- tended to. prDtect and balance lawful rights o.f expressiDn with Dther law- ful rights to. the enjoyment and use Df prDperty. and are made with full co.nsideration Df the legal and con- stitutiQnal issues heretDfore adjudi- cated, Section 5.108.2 Application and Scope of Regulations The prQvisio.ns Df this section shall gDvern the location and spatial sep- aratiDn of adult entertainment es- tablishments in Commercial Dis- tricts and Industrial Districts, and no such regulated use, as defined, may be permitted except in co.nfo.r- mance with these provisiQns. Section 5.108.3 Definitions The fQllDwing definitions shall gov- ern the interpretatio.n Qf this Sec- tiQn, 1) Adult Entertainment Establish- ments A,. establishment having as a sub- stantial or portion Df its business the offering Qf entertainment, stDcks in trade Df materials, scenes or presentatio.ns characterized by emphasis Dn depiction Qr descrip- tiDn Df "Specified SexualActivities" o.r "Specified Anatomical Areas': as hereindefined. 2) Adult BookStore An establishment having as a sub- stantial Dr significant portiDn of its stQck in trade, bQQks, magazines. and Dther periodicals whieh are dis- tinguished or characterized by their emphasis on matter depicting. de- scribing or relating to "Specified 562 Regular Session, November 7, 1977 Regular Session, November 7, 1977 563 Sexual Activities" or "Specified An- atomicaIAreas': las defined below!, or an establishment or section devo- ted to the sale or display of such ma- terial - 3) Adult Motion Picture Theatre A n enclosed building with a capac- ity of 50 ar mare persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or re- lating to "Specified Sexual Activi- ties" or "Specified Anatomical Areas ", las defined below! for obser- vation by patrons therein, 4) Adult Mini Motion Picture Thea. tre An enclosed building with a capac- ity far less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or re- lating to "Specified Sexual Activi- tie.," or "Specified Anatomical Areas" (as defined below), for obser- vation by patrons therein, 5) Specified Sexual Activities 1. Human Genitals in a state of sexual stimulation oraro.sal; 2. Acts of human masturbation, sexual intercourse orsodomy; 3. Fondling or other erotic lauch- ing of human genitals, pubic re- gion, buttock or female breast. 6) Specitled Anatomical Areas 1. Less than completely and opa- quely covered Ia) human gen- itals. pubic regia", Ib) buttoele and Ie} female breast below a point immediately above the top of the areola; and 2. Human male genitals in a dis- cernibly turgid state, even if completely and opaquely caver- ed. Section 5.108.4 REGULATIONS GOVERNING THE LOCATION AND Spatial Separation of Adult Entertainment Establishments Adult Entertainment establish- ments. and including adult book sla- res, adult motion picture theaters, and adult mini-motion picture thea- ters. as herein defined are hereby declared to be regulated uses ac- carding to this ordinance and their location and spatial separation shall be governed by rules as follows; a) Uses regulated by this ardin- once may be established within a Commercial Zoning District or Industrial Zoning District but not within one thousand two hundred feet 11200' of any Resi- dential Office-Residential or In- stitutionalZoning District. b! No use regulated by this ordi- nance shall be allowed within five hundred feet ~;Oo, of any otherregulateduse." Passed, approved and adoptedtJiis 7th day of November, 1977. Emil Stackis Mayor Thomas A. Tully Jr. James E. Brady Walter A. Pregler Councilmen ORDINANCE NO. 74.77 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING LOT 18 OF THE FINLEY HOME ADDITION FROM R.3 RESIDENTIAL DISTRICT CLASSIFI. CATION TO ID INSTITUTIONAL DIS. TRICTCLASSlFiCATION WHEREAS, Lot 18 of Finley Home Addition is property of the Finley Hos- pital and had been made a part of a Hos- pital-Medical Dislriet according to Or- dinanceNo.11-73; and WHEREAS, Ordinance No. 32-75 had established a replacement institutional Distr,ct in lieu of the Hospital-Medical District, but had failed to include Lot 18 of Finley Home Addition within said Institutional District because of an ap- parent clerical error. NOW THEREFORE BE IT ORDAiN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Code of Ordin- anc", of the City of Dubuque, Iowa, be amended by revi.,ing Appendix A thereo!: also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" by roclassifying the following described real e"tate from "R-3 ReÚdential Di,trict" classifica. tion to the "ID [n,titutional District" classification as follow", Lot 18 of Finley Home Addition in the City of Dubuque, Iowa Section 2. That the foregoing amendment has heretofore been ap- proved by the Planning and Zoning Commission pursuant to Section 8. 103.2 of Appendix A of the Code of Or- dinances of the City of Dubuque, Iowa, Passed, adopted, and approved this 7th day of November, 1977. EmilStackis Mayor ThomasA. TullyJr. James E. Brady Walter A. Pregler ATTEST, Councilmen Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of No- vember 1977. ATTEST, Leo F. Frommelt City Clerk Publl;shed officially in the Telegraph Herald Nermpaper this 10th day of No- vember 1977. LeoF. Frommelt City Clerk 1111/10 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by thefol- lowing vat" Yeas-MayorStaclds, ConnellmenBrady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Proof of Pablication, certified to by the Publisher. of Notice of Public Hear- ing to amend the Zoning Ordinance by reclassifying Lot 18 Finley Home Addn. (Finley Hospital) from R-3 to ID Indus- trial District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the bearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. ORDINANCE NO. 74.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING' ORDINANCE AND THE ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING LOT 18 OF THE FINLEY HOME ADDITION FROM R.3 RESIDENTIAL DISTRICT CLASSIFI. CATION TO ID INSTITUTIONAL DIS. TRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meeting of October 17, 1977. presented for final adoption. LeaF. Frommelt 1111/10 City Clerk Councilman Pregler moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowingvot" Yeas-Mayor Stm:k.ís, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Petition of A & H Development Inc. requesting vacation and disposal in an access street running from Roosevelt Street westerly being in Lot 2 of 1 of 1 of 2 of 1 of 7 of Peil's Sub., presented and read. Councilman Tully moved that tbe petition be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. AN ORDINANCE approving release of interest in Lot20fl of 1 of2 of 1 of7 in Peil's Sub. and be sold to A & H De- velopment Inc. for $1.00 and directing Clerk to publish notice, presented and read. Councilman Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, 'fully. Nays-none. Absent-Councilman Wertzberger. Couneilman Tully moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is tak- en, be dispensed with. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Councilman Tully moved tbat a pub- lic hearing be held on the Ordinance on November 21, 1977. 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 Coun- cilman Pregler. Carried by the follow- ingvote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Couneilman Wertzberger. AN ORDINANCE providing that tbe Code of Ordinances be amended by add- ing a Section to be numbered 20-30 cre' ating a Housing Code Committee for the purpose of reviewing and recom- mending to the City Manager and City Council Housing Code Standards and enforcement procedures, presented and read. Councilman Tully moved to table the Ordinance to tbe Council Meeting of November 21, 1977. Seconded by Coun- October27,1977 Regular Session, November 7, 1977 565 564 Regular Session, November 7, 1977 cilman Pregler. Carried by the follow- ingvote: Yeas-Mayor Stackig, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Petition of Dixie Jungblut requesting- a refund of $50. on the unexpired por- tion of Cigarette License No. 1318 dis- continued business on October 11, 1977, and on unexpired Beer-Liquor License No. C-9443-77 in the amount of $422.50, presented and read. Councilman Preg- ler moved that the refunds be granted and City Auditor directed to issue pro- per warrants. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Petition of Holy Trinity Parish re- questing a refund of $225. on the unex- pired portion of Class "B" Beer Permit No. 3380, discontinued business on Oc- tober 10, 1977, presented and read. Councilman Pregler moved that the re- fund be granted and City Auditor di- rected to issue proper warrant. Second- ed by Mayor Stackis. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler,1'ully. Nays-none. Absent-Councilman Wertzberger. Petition of Fairway Ford Sales Inc. requesting a refund of $50. on unexpir- ed portion of Cigarette License No. 1163, discontinued business on October 17, 1977, presented and read. Council- man Pregler moved that the refund be granted and City Auditor directed to is- sue proper warrant. Seconded by May- or Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully. Nays-none. Absent-Councilman Wertzberger. Petition of Carl VanDuelman request- ing a refund of $50. on the unexpired portion of Cigarette Lieense No. 1267, discontinued business on October 27, 1977 and $37.50 on unexpired Class "C" Beer Permit No. 2078, presented and read. Councilman Pregler moved that the refunds be granted and City Andi- tor directed to issne proper wan-ants. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Petition of Stephen D. Noonan re questing a refund of $633.75 on the un- expired portion of Beer-Liquor License No. 9837-77 discontinued business on September 29, 1977, presented and read. Councilman Pregler moved that the refund be granted and City Auditor directed to issue proper warrant. Sec- onded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Petition of Library Board of Trustees Building Committee reqnesting permis- sion to address the Council on Novem- ber 7th for the purpose of discussing their plans for an addition to the pubiic library, presented and read. Councilman Pregler moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Sec- onded by Councilman Brady. Carried by the following vote: Yeas-Mayor Slaekis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Norman McMoliin of the Library Board, Wiiliam Fullmer, Director and A. J. Kisting, Chairman of Building Committee spoke to the Cooncil statiog they met with 9 firms on October 11th relative to preliminary plans and reno- vations: 22,000 square feet at present, 13,00 more feet recommended, Durrant Group Inc. presented proposai of cost in the amount of $5000. Work plan would include: Anaiysis of existing building, Analysis of existing iibrary operations, Provide programing and coneept plan- ning for library needs-remodeling, addi- tion on branch library, Promotional ma- terial and budget data. Councilman Tully moved that the feasibility study be approved. Seeonded by Couneilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Petition of Sherry I E. Peterson, a stu- dent at Audubon Scbool, requesting a traffic light at the corner of Windsor & East 22nd Street, presented and read. Councilman Tully moved that the peti- tion be refe.-red to tbe Traffie Depart- ment and City Manager directed to write a letter to the petitioner. Seeond- ed by Mayor Stackis. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman W ertzberger. - 1i._~-~-~'--~-- Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the fi- nal plat submitted by Dubuque Devel- opment, fnc. subdividing the Sub of Lot 2 of the NE '1< of the SE '/< of Section 20, Township 89 North, Range 2 East of the 5th Principal Meridian: and Lot 1 of tbe SE'I, of the SE'¡, of Section 20, l'ownship 89 North, Range 2 East of the 5th Principal Meridian, which property was recently annexed to the City of Dubuque, Iowa, and is more commonly known as tbe Siegert farm. Tbe intent of the subdivision of the property is to accommodate transfer of ownership. The Planning and Zoning Commission has voted to approve the final piat as submitted and recommends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and flied. Sec- onded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Couneilmen Brady. Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. RESOLUTION NU. 451-77 Resolution Approving Plat of the Sub. division of Lot 1 of Southeast One. Quarter of Southeast One.Quarter, Section 20, Township 89 North, Range 2 East of 5th Principal Meri- dian, and of the Subdivision of Lot No.2 of Northeast One.Quarter of Southeast One.Quarter, Section 20, Township 89 North, Range 2 East of the 5th Principal Meridian, All Being in Dubuque Township, Dubuque County, Iowa WHEREAS, there has been flied with the City Clerk a plàt of tbe Subdi- vision 01 Lot 1 of Southeast One-Quar- ter of Southeast One-Quarter, Section 20, Townsbip 89 North, Range 2 East ot 5tb Principal Meridian, and of the Sub- division of Lot No.2 of Northeast One- Quarter of Southeast One-Quarter, Sec- tion 20, Township 89 North, Range 2 East of 5th Principal Meridian, all being in Dubuque Township, Dubuque Coun- ty,lowa:and WHEREAS, said plat has been exam- ined by the City Planning & Zoning Commission and had its approval en- dorsed thereon: and WHEREAS, said plat has been exam- ined by the City Council and they find that the same conforms to statutes and ordinances relatingtbereto. NOW, THEREFORE, BE 1'1' RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the plat of the Subdivision of Lot 1 of Southeast One-Quarter of Southeast One-Quarter, Section 20, Townsbip 89 North, Range 2 East of 5th Principal Meridian, and of the Subdivision of Lot No.2 of Northeast One-Quarter of Southeast One-Quarter, Section 20, Township 89 Nortb, Range 2 East of 5th Principal Meridian, all being in Dubu- que Township, Dubuque County, Iowa is hereby approved and the Mayor and City Clerk are hereby autborized and dirècted to endorse the approval of the City of Dubuque, Iowa. upon said plat. Passed, adopted, and approved by recorded roll call this 7th day of Novem- ber, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Mayor Stackis moved adoption of tbe Resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Tully. Nays-Councilman Brady. Absent-Councilman Wertzberger. October25,1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the fi- nal plat of Blocks 1 and 2 and Lots A, B, and C of "Embassy West" Subdivision in the City of Dubuque, Iowa. Tbe pro- perty is bounded on the south by Penn- sylvania Avenue, on the east by the proposed NorthWest Arterial, and on the west and north by the City's cor-por- ate limits. The Commission has found the final plats to be in conformance with the ap- proved preiiminary plat for the area and also in compiiance with tbe Subdi- vision Regulations and tbe Zoning Ordi- nance of the City ofDubuque, Iowa. The Commission has voted its ap- proval of the final plat described above, and recommends your favorable consid- eration. City Planning and Zoning Commission DanielDittemore Director of Community Development 567 Regular Session, November 7,1977 Regular Session, November 7, 1977 566 Yeas-Mayor Stackis. Councilmen Brady, Pregier, Tully. Nays-none. Absent-Councilman Wertzberger. tion, tbe provisions hereof shall be null and void and the acceptance of tbe dedi- eation and approval of the plat shall not be effective. Passed, adopted, and approved by re- corded roll call this 7th day of Novem- ber,A.D..1977. Councilman Tully moved that the communication be received and filed. Seconded by Conncilman Pregler. Car- ried by the following vot., Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tnlly. Nays-none. Absent-Councilman Wertzberger. RESOLUTION NO. 452-77 Resolution Approving the Plat of Blocks 1 and 2 of Embassy West Sub. division In the City of Dubuque, Dubu. que County, Iowa WHEREAS. there has been filed with the City Clerk a plat of the Subdi- vision to be known as BLOCKS 1 AND 2 OF EMBASSY WEST SUBDIVI- SION IN THE CITY OF DUBUQUE. IOWA, by: DUBUQUE DEVELOP- MENT, INC.. Owners, subject to ease- ments of record and according to the re- corded plats thereof of Lot 1 of 1 of the Southeast one quarter of the Southeast one quarter of Section 20, T89N, R2E of the 5th Principal Meridian in the City of Dubuque. Dubuque County. Iowa: and WHEREAS, upon said plat appear streets to be known as Embassy West Drive, Embassy Court, Ambassador Court together with certain public util- ity easements which the Owners, by said plat, have dedicated to the public forever: and . WHEREAS, said plat has been exam- ined by the City Planning and Zoniog Commission and had its approval en- dorsed thereon: and WHEREAS, said plat has been exam- ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that streets have not been brought to grade, or paving, sewer or water installed: NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the dedications of Embassy West Drive, Embassy Court and Ambassador Court, together with easements for publie utilities as the same appear upon said plat, be and the same are hereby aceepted: Section 2. That tbe plat of BLOC1<S 1 AND 2 OF EMBASSY WEST SUBDI- VISION IN THE CITY OF DUBUQUE, lOW A, be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse tbe approval of tbe City of Du- buque, Iowa, upon said plat, provided the owners of said property herein nam- ed, execute their written acceptance herete attached agreein~: a. To reduce all streets to grade and to construct Embassy West Drive with 10" rolled stone base and 3" of bituminoos concrete snrfacing and Embassy Court and Ambassador Court with 8" rolled stone base and 2'1>" of bi- tuminous concrete surfacing or 8" and 6" respectfully of Port- land Cement Concrete pavement with integral curb and gutter. All of the foregoing shall be con- structed according to the latest City ofDubuque Specifications: b. To install sanitary sewer mains and sewer laterals in accordance witb plans submitted with the plat: c. To install water mains and water service laterals in accordance with plans submitted with the plat: d. To install storm sewers and catchbasins in accordance with plans submitted with the plat: e. To install concrete sidewaiks as reqnired by Ordinances, and where direcJed by the City Engi- neer and the City Manager: f. To construct all improvements in compUance with any and all applicable City of Dubuque Spe- cificatinns and as approved by tbe City Engineer: g. To maintain tbe foregoing im- provements for a period of fnur (41 years from tbe date of their acceptance by tbe City of Dubu- que, Iowa: h. To provide the foregoing con- strucJion and maintenance at the sole expense of the Develope<' and Subdivider, Dubuque Devel- opment, Inc., as Owner: i. To construct said improvements, except sidewalks, prior to July 1, 1979. and to coostruct the side- walks. prior to September 1, 1980. j. To install in accordanee with City Specifieations, boulevard s¡"eet lighting within 30 days af- ter the eompletion of the adja- cent eurb and gutter within any partieular section of tbe propos- ed Subdivision: and further provided that said Dubuque Development, Ine.. as Owners of said Subdivision, secure the pedormance of the foregoing conditions by providing security in such form and with such sur- eties as may be acceptable to the City Manager. Section 3. That in the event Dubu- que Development, Inc. as Owners of said Subdivision shail fail to execute the aeceptance and furnish tbe security provided for in Section 2 h,,'eof, within 45 days after the date of Ibis Resolu- FINAL ESTIMATE RESOLUTION NO. 453.77 WHEREAS, the contract for the Alta Vista Street Curb and Gutter Re- placement Project bas been completed and the City Engineer has submitted bis final estimate showing tbe cost the- reof inciuding 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 de- termined to be $12,379.86. That none of the cost thereof shall be assessable up- on private property and all shall be paid from the 03-1022-2403 Fund of the City ofDubuque. Passed, adopted, and approved this 7th day of November, 1977. Emil Stackis Mayor Tbomas A. Tully Jr. James E. Brady Walter A.Pregler Councilmen EmilStackis Mayor Thomas A. Tully Jr. Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 452.77 We, the undersigned, Dubuque De- velopment. Inc" having read the terms and conditions of the foregoing Resolu- tion No. 452-77 and being familiar witb the conditions thereof, hereby accept tbe same and agree to perform the con- ditions required therein. Dated at Dubuque, Iowa, this 7tb day of November, 1977. DUBUQUE DEVELOPMENT, INC. By Edward J. Tschiggfrie President By Robert G.Steichen Secretary TO: LEO F. FROMMELT, CITY CLERK This is to certify that tbe security provided by the foregoing RESOLU- TION NO. 452-77 has been furnished by the Owners. I Dated at Dubuque, Iowa this 17th day o[November, 1977. Gilbert D. Cbavenelle, City Manager Councilman Tully moved adoption of the resolution. Seconded by Council- man Pregler. Carried by the following vok Yeas-Mayor Stackis, Councilmen Preg- ler,Tully. Nays-Councilman Brady Ab"nt-Councilman Wert,.berger. October24,1977 To the Honorabie Mayor and City Council This is to advise you that the Alta Vista Street Curb and Gutter Hepiace- ment Project has been compieted in ac- eordanee with the City of Dubuque plans and specifieations. I, therefore, recommend the accep- tance of the above named project. Gilbert D. Cbavenelle City Manager Couneilman Tully moved that tbe communication be received and filed. Seconded by Cuuncilman Pregler. Car- ried by the following vote: ATTEST, LeoF.Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Second!).d..-by Council- man Pregler. Carried by the following' vat" Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Couneilman Wertzberger. (A Resolution Accepting Improvement) RESOLUTION NO. 454.77 WHEREAS, tbe eon tract for the Al- ta Vista Street Curb and Gutter Re- placement Projeel has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- eording to the terms of the contrael, plans and specifications and rerom- mends its acceptance, now therefore, BE IT RESOLVED, by the City Council of tbe City ofDubuque. that the recommendation of the City Manager be approved and that said improvement be and the same is bereby ae>:cpted. BE 1'1' FURTHER RIèSOLVED, that the City Treasurer be and he is hereby directed to pay to the eontraetor [rom Fund 0:3-1022-2403 in amount equal to tbe amount of his contract, less any re- tained pereentage provided for therein. 568 Regular Session, November 7, 1977 Passed, adopted, and approved this 7th day of November, 1977. EmilStackis Mayor Thomas A. Tully Jr. James E. Brady Walter A. Pregler Couneilmen ATTEST: LeoF.Jo'rommelt City Clerk Couneilman Tully moved adoption of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of proposals for Construc- tion of Schmitt Harbor Municipal Boat Ramp, presented and read. Councilman Pregler moved that the proof of publica- tion be received and filed. Seconded by Councilman Brady. Carried by tbe fol- lowing vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. November 1, 1977 To the Honorable Mayor and City Council Pursuant to your instructions sealed bids were received on November 1, 1977 for the Schmitt Harbor Boat Ramp. The lowest bid was entered by Tsehiggfrie Excavating Company of Dubuque. Their bid was 17.3% over the engineer's estimate. I would recommend that the contract be awarded to Tschiggfrie Excavating Company. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. (Awarding Contract) RESOLUTION NO. 455-77 WHEREAS, sealed proposals have been submitted by contractors for the Schmitt Harbor Boat Ramp pursuant to Resolution No. 416-77 and notice to bid- ders published in a newspaper publish- ed in said City on October 13, 1977; and WHEREAS, said sealed proposals were opened and read on November 1, 1977, and it has been determined that tbe bid of Tschiggfrie Exeavating Com- pany of Dubuque, Iowa in the amount of $41,757.38 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 there- fore, BE IT RESOINED by the City Coun- eil of the City of Dubuque that the con- tract for the above mentioned improve- ment be awarded to Tsehiggfrie Excav- ating Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, tbat upon tbe signing of said conb'act and the approval of tbe contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved this 7th day ofNovember, 1977. EmiiStackis Mayor James E. Brady Waiter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Brady. VOTE ON MOTION WAS AS FOLLOWS: Yens-Councilmen Brady, Pregler Nays-Mayor Stackis. Abstain-Councilman Tully. Absent-Councilman Wertzberger. MOTION FAILED TO CARHY. Councilman Pregler moved to recon- sider the vote and authorize City Man- ager to delete items to bring within budget not to exceed $41,155 and amend Cnntract aceordingly. Seconded by Mayor Stackis. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Nays-none. Abstain-Conncilman Tully. Absent Councilman Wertzberger. November 2, 1977 To the Honorable Mayor and City Conncil As a part of the construction pro- gram previously outlined for tbe 17th' Street Storm Sewer we had set aside $21,200 to relocate any conflicting wat- ermains. A copy of that budget is at- tached. The public hearing that was held on tbe project alsn included the expendi- ture of the $21,200 which was made up of the purchase of watermain and pipe Regular Session, November 7, 1977 569 fittings. together with force account la- I bor cost from the Water Department. Before proceeding with the purchase of the pipe and fittings, we feel it is ne- e~ssary that a Resolution be passed au- thorizing said work to be done by the Water Department. Tbe total cost of the project as it now stands is $25,032.49. the difference being three additional relocation areas we had not previously tho~ght necessary. Of the total cost, $12,504.49 will be paid under the Local Public Works Pro- gram, the remaining $12.528.00 is force account work not eligible under the grant and will be paid from the Water Works General Fund. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. RESOLUTION NO. 456.77 WHEREAS, the City of Dubuque bas awarded a construction contract for the 17th Street Storm Sewer, and WHEREAS, it is necessary that cer- tain watermains be relocated from tbe path of said sewer, and WHEREAS, a public hearing was held on October 3, 1977 at wbich time no objections were received on the pro- ject, NOW THEREFORE, be it resolved by the City Council of the City of Dubu- que that the City Water Department be authorized and directed to reioeate con- flicting water mains to the proposed 17th Street Storm Sewer, the estimat- ed costofwhicb is $25,032.49. Passed, adopted, and approved this 7th day of November, 19n Emil Stackis Mayor James E. Brady Waiter A. Pregler Councilmen ATTEST: l.eoF.Frommelt City Clerk Couneilman Pregler moved adnption of the Resolution. Seconded by Council- man Brady. Carried by the following vot., Yeas-Mayor Stackis, Councilmen Brady, Pregler. Nays-none. Abstain-Councilman Tully. Absent-Councilman Wertzberger. November2,1977 To the Honorable Mayor and City Council Enclosed are the preliminary plans, specifications and estimate for the con- struction of the South Fork Sanitary In- terceptorSewer. 'fhe sewer is to serve future subdivi- sions on a major portion 01 the soutber- Iy limits of the City, and is to be financ- ed through Local Public Works Funds. Sewage Rental Funds and by private contributions from benefitted subdivid- ers. Gilbert D. Chavenelle City Manager Mayor Stackis moved that the com- munication be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Nays-none. Abstain-Councilman Tully. Absent-Councilman Wertzberger. RESOLUTION NO. 457.77 Approval of preliminary estimate and proposed plans and specs. for con- struction of the South Fork Sanitary Sewer, in the estimated amount of $101,899.86. presented and read. Mayor Stackis moved adoption of the Resolu- tion. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Nays-none. Abstain-Councilman Tully. Absent-Councilman Wertzberger. (Necessity for Improvement) RESOLUTION NO. 458.77 WHEREAS. proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the City Council of tbe City of Dubuque. Iowa, and are now on file in the office of the City Clerk showing among other things the following; (I) The plan of sucb improvement (2) An estimate of the cost of the im- provement for tbe construction of the South Fork Sanitary Sewer. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for public welfare to make the herein men- tioned improvement, and unless proper- ty owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, tbey sball be deemed to have waived all objections thereto. Said improvement shall be construct- ed and done in accordance with the 571 Regular Session, November 7, 1977 Regular Session, November 7, 1977 570 join with the Iowa Department of Trans- portation according to Agreement #77. F-104 for purposes of cooperating in the acquisition of the real estate; and WHEREAS, the provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act has been observed and jnst compen- sation for the property has been deter- mined: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the City Manager and City Solicitor be and they are herehy authorized and directed to execute agreements of purchase and to do any and all things necessary and requisite including the affixing of the City seal to certain instruments to acquire the fee simple title interest in the following described parcels of real property in ac- cordance with the Uniform Relocation Assistance and Real Property Acquisi- tion Policies Act, Owner: Joseph F. and Ruth M Siegert Legal Description: Lot 2 of the Sub of Lot 1 of the SE'I. ofSE'I, Section 20, T89N, R2E of the 5th P.M., and Lot2 of the Sub ofLot2 of the NE'I. ofthe SE'I., Section 20; T89N,R2E of the 5th P.M. Price: $l1ß,880 Section 2. That just compensation as herein established is not less than the fair market value of the property as es- tablished by independent appraisal. Section 3. That the City Manager and City Solicitor be and they are hereby authorized and directed to institnte emi- nent domain proceedings for the acquisi- tion of the real estate should the offer of payment of just compensation be re- fused by tbe owners. ~. Passed, adopted, and approved this 7tb day of November. 1977. Emil Stackis Mayor Thomas A. Tully Jr. James E. Brady Walter A. Pregler Councilmen be :~~t~'::'e ~'a~:¡:~:~~~~o::'~:~J~; I substituting tbe lot number 229 for Lot 239 as set out in said resolution. and inall parts thereof Lot 229 should be substi- tuted in lieu of said Lot 239, and that it is the intentionoftbe City Council that the provisions of said Resolution No. 207-77 apply in all respects to the structnre known as 311 So. Locnst, being Lot 4 of Lot 229 in Union Addition, in the City of Dubuque, Dubnque County, Iowa. Section 2. In all otber respects Reso- lution No. 207-77 is hereby ratified and confirmed. Section 3. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dnbuque County, Iowa. Passed, adopted, and approved this 7th day of November, 1977. Emil Stackis Mayor Thomas A. Tully Jr. James E. Brady Walter A. Pregler Members of Board of Health Passed, adopted, and approved this 7tb day of November, 1977. Emil Stackis Mayor James E. Brady Walter A. Pregler Councilmen plans and. specifications whicb have been approved by the City Cuncil and arc now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Local Public Works Fund, Sewage Rental Fund and private contributions. The above resolution WaS introduced, approved and ordered. placed on file with the City Clerk this 7th day of No- vember.1977. Approved and placed on file for final action. APPROVED: Emil Stackis Mayor James E. Brady WalterA.Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Nays-none. Abstain-Councilman Tully. Absent-Councilman Wertzberger. Application of Dale Stierman re- questing annexation to the City of Du- buque, property contiguous to the City at the Morocco and A RESOLUTION extending the territorial limits of the City to include the Stierman property, presented and read. Councilman Tully moved that the ap- plication and resolution be referred to the City Attorney. Seconded by Coun- cilman Pregler. Carried by the follow- ingvote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Conncilman Wertzberger. Councilman Tully moved that the City Manager and Staff be directed to permit Stierman to connect to City ser- vices with stipulation to annex. Second- ed by Councilman Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully. Nays-none. Absent-Councilman Wertzberger. ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved approval of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Nays-none. Abstain-Councilman Tully. Absent-Councilman W ertzberger. ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Brady. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. RESOLUTION NO. 461.77 A Resolution Authorizing the Acquisi. tion of Certain Hereinafter Described Real Estate for Right.Of.Way for a Northwest Arterial Roadway WHEREAS. Dubuque City Council Resolution No. 58-77 has directed that appropriate proceedings be instituted for the acquisition of certain property of Joseph F. and Ruth M. Siegert, said pro- perty having been since platted and de- scribed as Lot 2 of of the Sub ofl,ot 1 of SE'I< of SE 'I. , Section 20, T89N, R2E of the 5thP.M.. and Lot20ftbeSubofLot2 of the NE'I, of the SE'I., Section 20, T89N, R2E,ofthe 5th P.M. said Lots con- taining 19.44 acres exclusive of right-of- way of Pennsylvania Avenue (or Middle Road): and WHEREAS, Resolution No. 57-77 provides that the acquisition of the real estate shail be carried out aecording to provisions of tbe Federal Uuiform Relo- cation Assistanee and Real Property Ac- quisition Policies Act; and WHEREAS, Resolution No. 258-77 provides that the City of Dubuque sball (Fixing Date of Hearing) RESOLUTION NO. 459.77 WHEREAS, the; City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion for the construction of the South Fork Sanitary Sewer. BE IT THEREFORE RESOLVED that on the 21st day of November. 1977, a public hearing will be at 7:30 p.m. in the Council Chamber of the City of Du- bnque at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications. form of con- tract and cost of said improvement. and the City Clerk be and be is hereby di- rected 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 be is hereby directed to have pub- lished the notice of pendency for said improvement, and the City Clerk is hereby directed to advertise for propos- als to the contractors for the constrnc- tion of the above mentioned improve- ment. RESOLUTION NO. 460.77 WHEREAS, the City Council passed, adopted and approved a Resolution on the 20th day of June. 1977, wherein the City Council determined that the struc- ture known as 311 So. Locust, being Lot 4 of Lot 239 in Union Addition, in the City o!Dubuque, Dubuque County, Iowa. to be a nuisance and directed tbe City Manager to dismantle and remove tbe same: and WHEREAS. in truth and in fact, through an inadvertence and mistake the said real estate was incorrectly des- cribed and should have been decribed as the structure known as 311 So. Locust, beingLot40fLot229in Union Addition. in the City of Dubuque, Dubuque Coun- ty,lowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seeonded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. RESOLUTION NO. 462-77 BE IT RESOl.YED by the City Coun- cil of the City of Dubuque, Iowa, tbat the following having complied witb the pro- visions oflaw relating to the saie ofCiga- 572 Regular Session, November 7, 1977 rettes within the City of Dubuque, Iowa, be granted a permit to seil Cigarettes and Cigarette Papers within said City. Janis E. Jentz, 2093 Washington St. Passed, adopted, and approved this 7th day of November, 1977. Emil Stackis Mayor Thomas A. Tully Jr. James E. Brady WaIter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Tuily. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily. Nays-none. Absent-Councilman Wertzberget. RESOLUTION NO. 463.77 WHEREAS, appiications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the foilowing ap- plications be granted and pèrmits issned upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Nash Finch Company, John F. Kennedy Road,Hwy20West Eagle Discount Supermarket #109 (Also Sunday Sales I 200 S. Locust St. Passed, adopted, and approved this 7th day of November, 1977. Emil Stackis Mayor Thomas A. Tuily Jr. James KBradý Walter A. Pregler Couneilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Tuily. Carried by the foilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily. Nays-none. - Absent-Councilman Wertzberger. RESOLUTION NO. 464-77 WHEREAS, appiications for Beer Permits were filed by the within named applicants and they have received the approval of this Council: and WHEREAS. the premises to be occu- pied by such applicants were inspected and found tocomply with the Ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that tbe Manager be authorized to cause to be issued to the foliöwing named applieants a Beer Per- mit. CLASS "C" BEER PERMIT Nasb Finch Company, John F. Kennedy Road,Hwy.20West Eagle Discount Supermarket #109 (Aiso Sunday Salesl200 S. Locust St. Passed, adopted, and approved this 7th day of November, 1977. Emil Stackis Mayor Thomas A. Tuily Jr. James E. Brady Walter A. Pregler Councilmen ATTEST; Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Tully. Carried by the following vote; Yeas-Mayor SL"kis, Councilmen Brady, Pregier, Tnlly. Nays-none. Absent-Councilman Wertzberger. RESOLUTION NO. 465.77 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the compliance with the pro- visions of Chapter 131, Acts of the First Regular Session, 64th Generai Assem- bly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LIC"'NSE T & M, Inc. (Also Sunday Sales) 1298 Main St. Crane Enterprises, Inc., 2245 John F. Kennedy Michael J. Lucas, Jr.. 1064 University Ave. Lowrie Smith (Also Sunday Salesl521 E. 22nd St. Janis E. Jentz. 2093 Washington St. Passed, adopted, and approved this 7th day of November. 1977. Emil Stackis Mayor Thomas A. Tuily Jr. James E. Brady Walter A. Pregler Councilmen' ATTEST: Leo F'. Frommelt City Clerk Regular Session, November 7, 1977 573 Councilman Pregler moved adoption Approved....".,........""" 1978 of the resolution. Seconded by Council- man Tuily. Carried by the foilowing Adopted................""'"1978 vote; Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Nays-none. Absent-Councilman Wertzberger. RESOLUTION NO. 466.71 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be occu- pied by sueb applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and tbey have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dnbu- que, Iowa, that the Manager be authori- zed to cause to be issued to tbe foilowing named applicants a Liquor License. Council Members ATTEST: City Clerk CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE T & M, Inc. (Also Sunday Salesl1298 Main Street Crane Enterprises, loc.. 2245 John F. Kennedy Micbael J. Lucas, Jr., 1064 University Ave. I~owrie Smith (Also Sunday Sales) 521 E. 22nd St. Janis E. Jentz. 2093 Washington St. Passed, adopted, and approved this 7th day of November,1977. Emil Stackis Mayor Thomas A. Tuily Jr. James E. Brady Walter A. Pregler Councilmen ATTEST; Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, 'fully. Nays-none. Absent-Couneilman Wertzberger. There being no further business, Councilman Tuily moved to adjourn. Seconded by Counciiman Pregler. Car- ried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily. Nays-none. Absent-Couneilman Wertzberger. Leo F. Frommelt City Clerk 574 Special Session, November 21, 1977 park iri the West End area, presented and read. Councilman Pregler moved that the communieation be referred to Council, Park Board and Community De- veiopment Commission. Secouded by Councilman Wertzberger. Carried by the followiog vote: Yeas-Mayor Stackis, Couucilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on relocation aud desigu of J.F.K. Road, presented and read. Councilman Pregler moved that tbe proof of publica- tion be received and filed. Seconded by Councilman Wertz berger, Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Our Redeemer Lutheran Church being opposed to any J.F.K. Road Improvement which will e- liminate two entrances or prevent a left turn for traffic either entering or exiting tbeir property, presented and read. Councilman Pregler moved that the communication be received and filed. Se- conded by Councilman Wcrtzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. N,vs-none. CITY COUNCil OFFICIAL Special Session, November 21, 1977. Council met at 7:30 P.M. (C.S.T,) Present-Mayor Stack is, Councilmen Brady, Pregler, 'fully, Wertzberger. City Manager Gilbert D, Chavenelle. Mayor Stackis read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CONSIDERING DISPOSAL OF IN- TEREST IN A PROPOSED STREET IN PEIL'S SUBDIVISION and acting upon such other business as may pro- perly come before a Regular Meeting of the Council. Invocation was given by Rev. Vernon H. Naffier of St. Mark's Lutheran Church. Communication of Planning & Zoning Commission submitting minutes of their meeting of November 2, 1977, presented and read. Councilman Wertzberger moved that the minutes be received and flied. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Conncilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Five Flags Theater Building Committee submitting minutes of their meetingofOctober 27, 1977, pre- sented and read. Cou~eilman Wertzber- Honorable Mayor November I, WI I ger moved that the mmutes be receIved d C '1 and filed. Seeonded by Councilman an Theo~~~~ ";,~nDUbuque Planning and Tully. Carried by the follow~ng vote: Zoning Commission has held a public Yeas-M~yor Stackis, CouncIlmen Brady, hearing on the petition of Mrs. Pat Pregler, 1ully, Wertzberger. Klossner, and otber beauticians, to Nays-none. include members of the cosmetology Communicatio~ of Comm~nity Devel- profession in an OR-l Office-Residential opmentCommlsslOnsubmlttmgmmutes District. This matter dates back to May oftheir meeting of October 25, 1977, pre- 12,1977, when Mrs. Klossner requested sented and read. CouncIlman Wertzber- reclassification of property lying in an ger moved that tbe mmutes be receIved OR-l District to a Commercial classifica- and flied. Seconded by Councilman tion to permit her to operate a beauty Tully. CarrIed by the followmg vot" shop, and at that time the Commission Yeas-Mayor StackIs, CouncIlmen Brady, also considered expansion of the list of Pregler. Tully, Wertzberger. Permitted Uses in the OR'1 District to Nays-none. inciude beauticians. The Commission de- Communication of Peoples Natural nied botb issues at their meeting of June Gas advising of a rate increase of 2.366' 22, 1977, and communicated their find- for in-town residentiai and commercIal ings to you in a letter dated June 27, and2.274'tornralsmallvolumefirmcus- 1977, attacbed hereto. tomers on bills issued after November At your meeting of Juiy 5, 1977, you 18, 1977, presented and read. Council- directed that the Planning and Zoning man Wertzberger moved that the com- Commission give further consideration munication be received and filed. Se- to the Klossner proposals and the Com- conded by Councilman Tully. Carried by mission subsequentiy reviewed them at the following vote: meetings of July 19, 1977, and Septem-' Yeas-Mayor Stackis, Councilmen Brady, ber 21, 1977, a work session on October Pregler, Tully, Wertzberger. 24,1977, and a public hearing on Novem. Nays-none. ber 2, 1977. Communication (copy of) of West End In studying tbis matter, the Commis- , N.".~.~ '"';..~ " ."" ,." "00 "0"'" '""' """"",, ""1 ~,...~ "-~;¡;#Çc~;+C- --t, - Special Session, November 2~, 1977 575 nance forms with regard to the proposed zoning amendment which would include beauticians and barber shops in the Office-Residential Districts. The alter- natives presented were: "A" which would expand the definition of Profes- sional Office to include beauticians and barhers: "B" provides for their inclusion as a Principal Permitted Use in the OR-] Office-Residentiai District: "C" controls the inclusion ofthe uses in OR-l Districts by Conditional Use Permit: and "D" wouid permit those uses as an aceessory use to a permitted professional office building (From Staff Report of October 24, 1977). The Planning and Zoning Commission has determined 1) that the issue before them was not whether the beauticians and barbers were professionals, but the long-range effects of broadening the uses permitted in the OR-l District: 2) that the present ordinance provisions are not unique or unreasonable (based on September 21, 1977, Staff Report on Sur- vey of other Ordinances!: 3) that the pro- posed amendment is unnecessary as beauty shops and barber shops are ade- quately provided for in eight of the six- teen zoning districts, and tbat tbere are only three OR-l District locations in the entire City which are not located next to a district where the subject uses are per- mitted: and 4) the amendment is undesir- able, as the characteristics of the use are its reliance upon patron traffic which is not in keeping with the intent of the OR- 1 District, and inclusion of these uses might necessitate consideration of simi- lar uses and this further broadening of the uses could result in tbe abandonment of the buffering effect for which the dis- trict was established. The Planning and Zoning Commission voted unanimously 16-0) to deny the peti- tion as described above. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Tully moved that the communication be received and filed and recommendation of Planning & Zoning Commission be approved. Seconded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Councilmen Pregler, Tuily. Wertz- berger. Nays-Mayor Stackis, Councilman Brady. Councilman Tully moved to suspend the ruies to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays-none. Councilman Brady ,made known to the Council that he had received a eampaign contribution from Mrs. Kronfeldt - Mrs. Kronfeldt's husband has a beauty parior: Asking if he would be allowed to vote on the matter. Attorney Russo was of the opinion that tbe contribution does not disqualify Councilman Brady from voting. Duane Sendt, President of Hair Dressers Society read a statement in favor of allowing beauticians and barbers in the OR-l Office-Residential District Classification. Communication of Attorneys Naugh- ton and Breitbacb requesting to be heard on behalf of National Cosmetolo- gists Ass'n. and representing various members of the local association, present- ed and read. Attorney Breitbach spoke to the com- munication stating Chapter 147 of the Code of Iowa: "Professions defined"; Only 2 of practiced professions not al- lowed in OR-l Classification. Attorney Dennis Naughton, representing Mr. & Mrs. Mike Kronfeldt, was critical of sur- vey of Pianning & Zoning Staff: Should look to places in Iowa for a fair compari- son: Be given a chance to be treated evenly: Not rubber stamping Pianning & Zoning. Rhonda Kronfeldt stated at the Planning & Zoning Commission hearing, there was not one opposition from the public. Councilman Tully moved that the communication of Attorneys Naughton and Breitbach be received and filed. ,Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-none. Petition of Gloria Clemens et al (721 signers) requesting amendment of Zoning Ordinance to expand profession- al office use to include beauticians, cos- metologists and barber shops, present- ed and read. Councilman Tully moved that the petition be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Pregier moved that the Planning & Zoning Commission's recom- mendation be overruled and Klossner petition be referred for proper proceed- ings for an amendment to the Zoning Ordinance. Seconded by Councilman Brady. Carried by the following vote: 576 Special Session, November 21, 1977 Yeas-Mayor Stackis, Councilmen Brady, Pregler. Nays-Councilman Tnlly. Werlzherger. Councilman Brady moved that the Planning & Zoning Commision be iu- structed by the Councii, to draw up an amendment to Section 4-109.2 of Zoning Ordinance for Cosmetologists and bar- bers and to start proceedings for a date of hearing. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady,Pregler. Nays-Councilman Tully, Wertzberger. Communication of Iowa D.E.Q. sub- mitting construction permit for RET Corporation and South Fork Interceptor Sewers, presented and read. Conncil- man Wertzberger moved that the com- munication be received and filed. Se- conded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Staclds, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. Printed Council Proceedings for the month of June, 1977, presented for approval. Councilman Wertzberger moved tbat the Council Proceedings be approved as printed. Seconded by Coun- ciiman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. CITY OF DUBUQUE MUNICIPAL ELECTION HELD NOVEMBER 8, 1977 CANVASS HELD NOVEMBER 14, 1977 CERTIFICATE State of Iowa, Dubuque County, ss: We the undersigned members of the Board of Supervisors acting as a Board of Canvassers, do hereby certify that the following is a true and correct abstract of the votes cast for each of the Dubuque City Candidates in the City of Dubuque Municipal Election held on November 8,1977 as listed and enu- merated hereinbelow by precinct and in accordance with the respective returns from the precinct election officials. P,.o'"01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Absentee Totals J,m., E. 'm', 275 140 256 374 277 250 172 198 163 232 265 243 308 266 289 297 318 282 383 360 286 239 296 201 157 113 6640 Do",IdE. C'm'," D,¡ohS,. F""II 107 360 60 166 106 259 171 463 139 247 132 224 88 170 89 204 61 168 88 248 119 353 79 326 83 505 87 305 107 330 124 337 115 466 105 325 126 463 110 468 90 376 62 398 101 398 81 394 45 358 49 229 - - 2524 8540 D..I' M;oh.., W,n"A. A""' D..1d Toto' K'"g P'.g'.' W"'eme,,,Wlllo,ghb, VolI"g 348 376 79 238 558 166 117 38 89 254 247 203 83 161 420 461 396 116 278 727 248 174 74 136 418 199 147 88 154 375 162 121 55 104 276 206 142 65 141 330 148 106 43 107 256 242 183 66 161 401 345 257 95 229 530 313 209 41 215 459 543 384 101 342 706 319 185 67 219 449 309 210 83 238 501 322 204 82 250 490 457 340 77 285 661 369 227 95 268 513 480 327 140 370 704 487 310 89 367 659 392 269 72 269 547 374 268 81 236 529 373 268 81 228 543 419 297 89 282 558 353 258 69 216 476 154 183 63 112 322 --~---- 8436 6161 2032 5695 12662 We further certify that at the Dubuque City Municipal Election held November 8. 1977 the following persons, bavingreceived the largest number of votes insaid elect- ion, are declared elected to the Dubuque City Council as follows, to-wit: Carolyn Farrell David Michael King James E. Brady Special Session, November 21, 1977 577 We further certify tbat David J. WilioughbÝ was declared eiected to a six year term of Park Commissioner. ATTEST: Donaid C. Meyers-Chairman Lloyd C. Hayes-Member Wilfred Bahl-Mcmber - George J. Brown, County Auditor Commissioner of Electious I, George ,I. Brown, duly eiected and acting County Auditor and Commissioner of Elections of Dubuque County, Iowa do hereby certify that the aþove and within con- sisting of one (1) page is a trne and correct abstract of the canvass of the City of Du- buque Municipal election held November 8, 1977. In testimony, whereof, witness my band and the seal of the County of Dubuque, Iowa this 14th day of November,1977. George J. Brown, County Auditor Commissioner of Elections of Dubuque County, Iowa Conncilman Wertzberger moved that the canvass be approved and made a matter of record. Seconded by Connciiman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert,berger. Nays-none. November 16, 1977 Honorable Mayor and City Council I herewith snbmit the reports of the City Treasurer, Finance Director, Health Department, as well as a list of claims paid for the month of October 1977. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Counciiman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. November8,1977 Honorable Mayor and City Councii I am returning to you the petition of Sacred Heart Church and Sherryl E. Peterson concerning the installation of school traffic signals at Windsor and East 22nd Street. This signai installation was scheduled to be made during the fiscal year 1979 and the expense was budgeted at $16,000. I ask your approval to install these signals during fiscal year 1978 instead of the budgeted signal installation at Locust and Raiiroad A venne. If this substitution is made $13,600 will be avaii- able in the current budget to do the Windsor Avenue - 22nd Street job. We believe the signais can be installed tbis spring. I have sent letters to each of the peti- tioners giving them this information. Giibert D. Cbavenelle City Manager Councilman Wertzberger moved that the communication be received and filed and approved. Seconded by Connciiman Pregler. Carried by the following vote: Yeas-Mayor Sta.cIds, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. November8,1977 Honorable Mayor and City Conncii I have appointed Mr. James C. Davis to the Plumbing Board for another five year term beginning November 2, 1977. I request your affirmation of this ap- pointment. Giibert D. Chavenelle City Manager Counciiman Wertzberger moved that the communication be received and filed and appointment affirmed. Seconded by Counciiman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. November 14, 1977 Honorable Mayor and City Council It is my understanding that you wish to dissolve tbe County-City Authority which was established some years ago to build and maintain a proposed joint County-City buiiding. I have been informed by the Office of the County Supervisors that they are willing that the Authority be dissolved but that to do so it will require the action of the three board members to dissolve the corporation. To tbis end, it is re- quested that you reappoint Mr. Ray 578 Special Session, November 21, 1977 request from the Office of the Finance Director. Goedken for a six year term as of April 1976. Mr. Goedken's appointment is one made by both the City Council and the County Board of Supervisors. The Board of Supervisors will affirm the appoint- ment. The otber two members, Clem Welsh, a County appointment, has been reap- pointed and the term of Mr. John Sher- man, City representative on the board, continues through 1978 and no reap- pointment is necessary in his case. It is my understanding that any re- maining money of the corporation wm be divided between the County and the City on a fifty-fifty basis when the corpo- ration is dissolved. GilbertD, Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed and appointment be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. November 15.1977 Honorable Mayor and Members of City Council Since we have recently acquired the Trenkle Building we would like to have the opportunity at the council meeting on November 21 to discuss future use of the facility. At a recent council workshop we dis- cussed five possible alternatives. At that meeting we suggested that it may be advisable to employ an architect to review these five alternatives as to their feasibility. At the meeting on Monday we would like the opportunity to discuss this as a possibility. GilbertD. Chávenelle City Manager Councilman Wertzberger moved that tbe communication be reeeived and filed and City Manager autborized to hire an architect in an amount not to exceed $2500. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Preg- ler, Tully, Wertzberger. Nays-Councilman Brady. November 16, 1977 Honorabie Mayor and Members of the City Council Submitted herewith is the Financial Audit of the City of Dubuque Iowa Transit System for the period begin- ning July 1,1976 througb June 30, 1977, performed by O'Connor, Broob & Com- pany o!Dubuque, Iowa. Additional copies are available opon Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the commuoication be received and filed. Seconded by Councilman Tully. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Eric Schulz, repre- sentative of Dnbuque Realtors, submit- ting a list of remediAl factors relative to codes and presale inspections, present- ed and read. Councilman Wertzberger moved that the commnnication be re- ceived and filed. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. Communication of Iowa D.E.Q. indi- cating the treatment plant is unable to meet with effluent BOD requirements of 30 mg/l average and 45 mg/l maxi- mum and referring the matter to the Compliance and Planning Division for legal action, presented and read. Coun- . cilman Pregler moved that the commu- nicHtion be received and filed and refer- red to Manager and Staff. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Councilman Preg- ler relative to the impatience of D.E.Q. toward the Sewage Plant and Dubuque Packing Co., presented and read. Coun- cilman Pregler moved that the commu- nication be reeeived and filed and refer- red to City Manager and Staff. Second- ed by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert,berger. . Nays-none. November 7, 1977 Honorable Mayor & City Council On August 22, 1974, the City ofDubu- que, Iowa was served with Original No- tice with petition attaehed. wherein Ta- tiana O'Rourke was plaintiff and the City of Dubuque, Iowa and Monte Carlo Restaurant were named as defendants. The piaintiff claimed damages from the City of Dubuque, Iowa in the amount of $10,000.00 and alleging said claim was for personal injuries suffered as the re- sult of a fall on the public sidewalk abut- ting the Monte Carlo Restaurant and claiming said fall was due to a defective Special Session, November 21, 1977 579 walk thereat: said lawsuit being Law No. 40283 in tbe Distriet Court of Dubu- que County, Iowa. This matter was referred to the City Attorney wbo asserted defense thereto, and that the plaintiff made an offer of settlement in the amount of $1,750.00 of which tbe City is to pay $1,450.00 and the balance being paid by the other named defendant. It is the re- commendation of the City Attorney that said offer of settlement be accept- ed and the City Auditor be instructed to draw warrant payable to Tatiana O'Hourke in the amonnt of $1,450.00 and transmit the same to the City At- torney for delivery upon receipt of re leases and Dismissal of said cause with prejudice. Original Notice and Petition is bereto attached. R.N.Russo City Attorney Councilman Pregler moved that the communication be received and filed and recommendatioo of settlement ap- proved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communic~tion of John Deere Insur- ance Co. advising tbat a defective stop sign at the intersection of Loras & Au- burn contributed to an accident be- tween Kathleen Plush and William Wel- tel' on June 10, 1977, presented and read. Councilman Pregler moved that tbe communication be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully. Wertzberger. Nays-none. Notice of Claim of Bonita A. Hennag- ir, in an estimated amount of $300, for damage incurred as tbe resuit of a back- ed-up sewer at 1926 Clifford Street on November 3. 1977, presented and read. Councilman Pregler moved that the No- tice of Claim be referred to the City So- licitor for investigation and report. Sec- onded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-none. Notice of Claim of Paul G. Galle, in the amount of $122.. for car damage in- curredas tbe result of driving into a manhole cover at 4th & Locust Streets on November 4, ]977. presented and read. Councilman Pregler moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wert,berger. Nays-none. Notice of Claim of Eugene K. Sand, in tbe amount of $12.88. for car damages incurred as the result of driving into an excavation on J.F.K. Road on Novem- ber 7, 1977, presented and read. Coun- cilman Pregler moved that the Notice of Claim be referred to the City Solicit- or for investigation and report. Seeond- ed by Councilman Wert,berger. Car- ried by the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Notice of personal injury claim of Betty Jane Kenline, in an undetermined amount, for injuries received in a fall on a defective sidewalk at 251 West 8th Street on October 7, 1977, presented and read. Counciiman Pregler moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Proof of Publication, certified to by tbe Publisher, of Notice of Intent to consider disposal of interest in a pro- posed street in Peil's Subdivision to A&H Development Company, (off Roos- evelt St.), presented and read. No writ- ten objections were filed and no oral ob- jectors were present in the Council Chamber at the time set for the hear- ing. Councilman Wertzberger moved tbat the proof of publication be received and filed. Seconded by Councilman Tul- ly. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. ORDINANCE NO. 75-77 AN ORDINANCE PROVIDING FOR THE INTENT TO CONSiDER DISPOS. AL OF INTEREST IN A PROPOSED STREET IN PEIL'S SUB. TO A. & H. DEVELOPMENT CO., said Ordinance having been previously presented and read at tbe Council Meeting of November 7, 1977, present- ed for final adoption. ORDINANCE NO. 75.77 WHEREAS, A & H Development Co., has petitioned the City Council of the City of Dubuque, Iowa for the dis- posal and release of its inter"t in a "proposed street" being a "rip of 40 feet long and 50 feet wide, as shown on Plat filed in liook of Plats #16, page 580 Special Session, November 21, 1977 146, filed for record September 20, 1947, copy of which plat is hcreto at- tached and by reference made a part hereot and which "proposed street" is shown as 11/ing in Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 7 in Peil's Sub- division in the City of Dubuque, Iowa,- and WHEREAS, the City Council of the City of Dubuque, Iowa finds that,;t should dispose of its interest in "pro- posed street" lying within Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 7 in Peil's Subdivision in the City of DUbU-¡ que, Iowa as said "proposed street" is of no future use as a street to the City of Dubuque, law", NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the interest of the City of Dubuque, Iowa in a "propos'ed street" as shown in plat filed in Book of Plats #16, paye 146, filed for record on September 20, 1947, asLot2 of Lot 1 of Lot 1 of Lot 20f Lot 1 of Lot 7inPeil's Subdivision in the City of Dubuque, Iowa be and the same is hereby releas- ed and same should be sold to A & H Development Co.. Inc. fo,' the purchase price of $1.00 plus the costs of publica- tion and that no abstract of title will be furni.,hed and that conveyance shall be by Qu':' Claim Deed. Section 2. That the City Clerk be and he iB hereby authorizeiand direct- ed to publish notice of intent to dispose afinterest in real estate as is by law re- quired. Passed, adapted, and approved this 21st day of November, 1977. EmilStackis May"" ThomasA. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST, Leo F. Frommelt City Clerk Publi.<hed officially in the Telegraph Herald newspaper this 28th day of No- vembe,,1977. LeoF. Frommelt City Clerk 1111/28 Councilman Wertzberger moved fi- nal adoption of the Ordinance. Second- ed by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 467-77 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in tbe Telegraph Herald, a newspaper of general circula- tion published on November 10, 1977, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met ou the 21st day of November, 1977, at 7:30 (CST) in the City of Dubuque, City Hal!, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Duhuque, Iowa iu real estate, bereinafter described, to A & H Developmeut Co.. Inc.: and WHEREAS, City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the pro- posal to dispose of interest of City of Dubuque, Iowa in the hereinafter de- scribed real estate to the above named party: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OFDUBUQUE,IOWA: Section 1. Tbat the disposal of inter- est of City of Dubuque, Iowa in and to, and the conveyance of a "proposed street" being a strip 40 feet long and 50 feet wide, said proposed street lying in: Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 7 in Peil's Subdivision in the City of Dubuque, Iowa. according to Plat dated May 11, 1947, and filed for record on September 20, 1947, in Book of Plats 16, Page 146, Dubuque County Records to A & H Development Co., Inc. be and the same is hereby approved for the purchase price of $1.00, plus costs of publication and recording fees: no ab- stract of title will be furnished and con- veyance shall be by Quit Ciaim Deed. Section 2. That tbe Mayor and City Clerk be and they are hereby authoriz- ed and direeted to execute said deed of conveyance and the City Clerk be and he is hereby autborized and directed to deliver said deed of conveyance to the grautee upon payment of the purchase price and costs of publication. Section 3. That the City Clerk be aud he is bereby authorized and direct- ed to record certified copy of this Reso- iutionin the office of tbe Dubuque County Recorder. Passed, adopted, and approved this 21st day of Novem- ber,1977. EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Waiter A.Pregler Councilmeu ATTEST: LeoF.Frómmelt City Clerk Special Session, November 21, 1977 581 Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Ordinanees, City of Dubuque be amend- ed by adding a Section to be numbered 20.30 creating a Housing Code Commit- tee for the purpose of reviewing and re- commending to tbe City Manager and City Council Housing Code Standards and Enforcement procedures, present- ed and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Mayor Stackis. VOTE ON THE MOTION WAS AS FOLI.OWS: Yeas-Mayor Stackis, Councilmen Preg- ler. Nays-Couneilmeo Brady, Tully, W ertzberger. MOTION FAILED. Councilman Tully moved that Staff be directed to prepare appropriate doc- uments and assign task of reviewing housing codes and enforcement to the Housing Commission. Seconded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Councilmen Tully, Wert,berger. Nays-Mayur Stackis, Councilmen Brady, Pregler. MOTION FAILED. Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully, Wertzberger. Nays-uone. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Ordinanees, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also kuown as the "Zoning Or- dinance and Zoniug Map of the City of Dubuque, Iowa" by reclassifying por- tions of Henschel's Subdivision from AG Agricultural District to R-l Resi- dential District Classification, present- ed and read. Mayor Stackis moved that the reading just had be considered the first reading of the Ordinanee. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Mayor Stackis moved that the rule requiring an Ordinance to be received aud filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Mayor Stackis moved that a public hearing be held on the Ordinance on De- cember 19, 1977, at 7:30 o'clock P.M. in tbe Couucil Chamber at tbe City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Coun- cilman Pregler. Carried by the follow- ing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. November7,1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing ou a proposai to classify proper- ty recently annexed to the City in an R- 1 Residential District classification. The 9.50 acre tract, part of "Henschel's Sub- divisioo", lies on either side of the sou- therly extension of Mela Drive south- west of the proposed Cedar Cross Road extension in the City o!Dubuque, Iowa. The Planning and Zoning Commis- sion has voted to approve the recla"ifi- cation of the above described property from AG Agricultural District to R-l Residentiai District classification, and recommends your favorable considera- tion. November7,1977 Honorable Mayor and Councilmen The City Planning and Zoning Com- missiou has held a public bearing on an amendment to Section 4-104.4, the Con- ditional Uses of the Residential Dis- tricts of Ordinance No. 32-75, tbe Zon- ing Ordinaoce of the City of Dubuque, Iowa. The Planning and Zoning Commis- sion has studied the provision to allow parking and storage of automobiles on property in an R-District where it lies in close proximity to a Commercial or lustitutional District use. The Commis- sion has determined that the amend- meut is au appropriate solution to such simil... parkiog nceds that could arise, and that could be accommodated within tbe restrictioos provided in the ordin- ance amendment without nceessitating a zouing change on the property itself. City Planuing and Zoning Commission Daoiel Dittemore Direct",' of Community Development Mayor Stackis moved that the com- munication he received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: 582 Special Session, November 21, 1977 The Planning and Zoning Commis- sion has voted to approve the amend- ment to Section 4-104.4 and recom- mends your favnrable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Mayor Stackis moved that the com- munication be received and filed. Sec- onded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, I Pregler, Tully, Wertzberger. Nays-none. AN ORDINANCE of the City of Du- buque, Iowa, providing that tbe Code of Ordinances, City of Dubnque, Iowa. be amended by revising Appendix A thereof. also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa", by repealing Section 4-104.4 4) of Article IV and enacting a new Section 4-104.4 41 of Article IV in lieu tbereof, to provide for parking and storage of automobiles in R-Districts as a Conditional Use, presented and read. Mayor Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Wertzberger. Carried by tbe fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Mayor Stackis 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- man Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Counèilmen Brady. Pregler. Tully, Wertzberger. Nays-none. Mayor Stackis moved that a public hearing be held on the Ordinance on De- cember 19, 1977, 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 Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-none. November 9,197', Honorable Mayor aod Members of City Council Satisfactory arrangements have beeo made for the Downtown Association to install a public addre" system in the downtown to provide background mu- sic. A copy of their October 2 letter re ferred to my office is attached. We would recommend the adoption of the enclosed ordinance to which we have incorporated by reference a No- vember 8 letter which deseribes in some detail the metbod ofinstallation. Members of the Downtown Associa- tion have been invited to the November 21 City Council meeting to respond to any questions which may arise during your consideration of the matter. GilbertD. Chavenelle City Manager Mayor Stackis moved that the com- munication be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. ORDINANCE NO. 76.77 AN ORDINANCE AUTHORIZING DOWNTOWN ASSOCIATION TO CONSTRUCT A PUBLIC ADDRESS SYSTEM IN TOWN CLOCK PLAZA, presented and read. Mayor Stackis moved that the reading just had be con- sidered the first reading of the Ordin- ance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Mayor Staekis 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- man Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. ORDINANCE NO. 76.77 AN ORDINANCE AUTHORIZING DOWNTOWN ASSOCIATION TO CONSTRUCT A PUBLIC ADDRESS SYSTEM IN TOWN CLOCK PLAZA NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the DowntownAs.",- ciation of the City of Dubuque, Iowa be, and they are hereby granted the ,,- vocable and authority to con- struct maintain a public addres.' in Town Clock Pla,a under the and conditions set forth in this Ordinance and a letter dated Novem- ber 8, 1977, attached hereto and made a part hereof Section 2. That such comtruction shall be done in accordance with heretofore submitted and approved by the .,"pernision ----' Special Session, November 21, 1977 583 City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinanc" of the City of Dub'uque. Section 3. That the permi"ion here- in granted is expre."ly conditioned on permittees agreement to: a) Assume any and all liability for damages to persons or property which may result from the exis- tence, location, in,tallation. con- I struction or maintenance of .,aid public addre." system; b) To pay on behalf of the City of Dubuque all sum.' which the City of Dubuque shall become obligated to pay by reason of the liability impos- ed upon the City of Dubuque for damages of any kind resultin.q from the location, installation, existence, construction or maintenance of said Public address 'ystem, su,tained by caosed by ac- or otherwise, to defend at it., own expense and on behalf of said City an)! claim against the City of Dubuque <rut of the location. installation, construction or maintenance of public ad- dTe" system and to pay "o,onable attorney fee.. therefor; c) To indemnify and hold City of Du- buque free and harm Ie" from any and all claims, 10", liability and expense for injuries to third per,ons or damages to property of third per- sons. or for damage property of City of Dubuque a rewalt of or in installation. construc- and repair the per- of the d"ign, erection. location, con- ,truction, repair or maintenance of said facility and said permittee hereby cove- nants and agrees not to assert such claim or defense against the City of Du- buque in the event of claim asserted for personal injaries and/or property dam- age against the permittee ari..ing out of or in an)! way connected with the loca- tion, installation, construction, design, Tepair and maintenance of the fadlily herein permitted- Section 6. Thi., Ordinance shall be. come effective and the rights hereun- der accrue to The Downtown A"ocia- tion when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed nn tMs Ordinance. Passed. adopted. and approved this 21,t day of November, 1977. EmilStackis MayoT Thomas A. Tully Jr. Richard Wertzb,,'yer James E. Brady WalterA.Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 76.77 The undersigned having read and be- ing familiar with the terms and condi- tions of Ordinance No. 76-77 hereby. for themselves, their successors or assigns, as owners of the abutting property, ac- cept the some and agree to be bound by the conditions and therein contained to be by permit- tees. DatedDecember2,1977 DawntownAssociationof Dubuque, Iowa By: Thoma' E. Graham. PTesident Publi,hed officially in the Telegraph Herald new'puper this 7th day of De- cember 1977. LeoF.Frommelt City Cterk it 12/7 Mayor Staekis moved final adoption of the Ordinance. Seconded by Coun- eilman Pregler. Carried by tbe follow- ing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-none. ORDINANCE NO. 77.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVlDlNG THAT THE CODE OF ORDINANCES. CITY OF DUBUQUE, IOWA, BE AMENDED 584 Special Session, November 21, 1977 Special Session, November 21, 1977 585 BY ADDING A NEW SUBSECTION 12 TO SECTION E OF SECTION 25.210 AND BY ADDING A NEW SUBSEC. TION 11 TO SECTION F OF SECTION 25.210 OF SAID CODE, PROVIDING THAT VEHICLES STOP BEFORE EN. TERING THOSE INTERSECTIONS DESIGNATED AS STOP INTERSECT. IONS, presented and read. Counciiman Wertz- berger moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Counciiman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-none. Counciiman 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 Coun- ciiman Tully. Carried by the following vote: Yeas-Mayor Stackis, Counciimen Brady, Pregier, Tully, Wertzberger. Nays-none. ORDINANCE NO. 77.77 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW SUBSECTION 12 TO SECTION E OF SECTION 25.210 AND BY ADDING A NEW SUBSEC. TION 11 TO SECTION F OF SECTION 25.210 OF SAID CODE, PROVIDING THAT VEHICLES STOP BEFORE EN. TERING THOSE INTERSECTIONS DESIGNATED AS STOP INTERSEC. TIONS. NOW THEREFORE, BE IT ORDAIN. ED BYTHE CITY COUNCIL OFTHE Cl. TY OF DUBUQUE, IOWA: Section 1. That Section E and Sec- tion F of Section 25-210 of the Code of Ordinances of the City of Dubuque, Iowa, be amended so that such section shall read as follow", Sec. 25.210. (b) Those intersections designated are hereby declared to be "Stop In- tersections" for all purposes of this section. E. Eastbound vehicles must stop before entering the intersection of: 12. Henion and Helena Streets. F. Southbound vehicles must stop before entering the intersection of: 11. Key Way Drive and South way. " Section 2. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed and of no farther force or ef- fect. Passed, approved and adopted this 21st day of November, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen Wert,berger moved that the request be approved subject to coordination of City Manager and he directed to seek bold harmless ciause insurance to cover. Seconded by Counciiman Tully. Carried by the following vote: Yeas-Mayor Staekis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Dubuque Area Develop- ment Association requesting permission to meet with the Councii on November 29, at 7:00 P.M. for a further report to determine market potentiai for a shop- ping center in the Urban Renewal Land, presented and read. Counciiman Pregler moved that the communication be refer- red to the Council Meeting to be held on December 29, 1977 at 7:00 P.M. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Airport Commission re- questing local funds for the purchase of snow removal equipment, approximate- ly $16,000.. presented and read. Coun- cilman Pregler moved that the petition be referred to Ceuncii and City Man- ager. Seconded by Counciiman Wertz- berger. Carried by the following vote: Yeas-Mayor Stackis, Counciimen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of William O'Neill requesting refund of $75. on unexpired portion of Cigarette License No. 1147, discon- tinued business on September 30, 1977, presented and read. Counciiman Pregler moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Counciiman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Beverly A. Larsen re- questing refund of $50., on unexpired portion of Cigarette License No. 1183, discontinued business on November 10, 1977, presented and read. Councilman Pregier moved that the refund be ap- proved and City Auditor directed to issue proper warrant. Seconded by Counciiman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregier, Tully, Wertzberger. Nays-none. Communication of Iowa North- western Development Co. by Attorney Sprengeimeyer, requesting approval of two plats covering the next pbase of Ar- bor Oaks Subd.. presented and read. ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 28th day of November 197Z Leo F. Frommelt City Clerk 11 11/28 Councilman Wertzberger moved final adoption of the Ordinance. Seconded by Counciiman Tully. Carried by the fol- iowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Alvin H. Maus et ai 19 signers) requiring the installation of a yield sign at the nortbeast corner of Tressa and St. George Streets, pre- sented and read. Couneiiman Wertzbel'- ger moved tbat the petition be received and filed and referred to City Manager and Traffic Department. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Operation Friendship re- questing permission to solicit funds in front of the liquor stores on New Year's Eve to heip Operation Friendship Kids, presented and read. Councilman Wert,- berger moved that tbe request be ap- proved subject to coordination of City Manager. Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of John E. Combs et ux re- questing vacation of a portion of Lex- ington Street (Off Montcrest Street and Hempstead), presented and read. Coun- cilman Wertzberger moved that the pe- tition be received and flied and referred to City Manager and Stafffor investiga- tion and report. Seconded by Mayor Staekis. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Julien Walk Association requesting permission to place Christ- mas decorations of greens and ribbon on newly installed lights on iower Main Street, presented and read. Councilman Attorney Sprengeimeyer addressed the Council relative to the communica- tion stating cross ground in subdivision does not belong to Northwest Develop- ment: Requesting acceptability to or not to the plats: Imposing on Northwest De- veiopment to put in an improvement over ground they do not own: Question- ing if Pianning & Zoning Commission can tell them the road must go in a cer- tain place now. Couneilman Pregler moved that tbe communication of Iowa Northwestern Development be received and filed. Seconded by Conncilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of David L. Maiers relative to tbe Iowa Northwestern De- velopment Co's. request for approval of plats in the Arbor Oaks Sub.. more par- ticularly in relation to providing another exit street in the snbdivision, presented and read. Attorney Dave Kintzinger. representing David Maiers, spoke to Council stating Maiers is willing to pay for 70% cost of proposed street: Willing to spend $12,500 toward construction of street. Couneilman Pregler moved that the communication of David Maiers be re- eeived and filed. Seconded by Coun- cilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. A RESOLU'I'ION Approving plat of the Sub. of Lot 20 Block 6, in Arbor Oaks Sub. and Lot20fl of 1 of 1 ofloflof20f 1 of 1 of Highland Farm AND A RES- OLUTION Approving plat of Block 7 Ar- bor Oaks in the City of Dubuque, Iowa, presented and read. Councilman Wertz- berger moved that the Resolutions be referred back to the Planning & Zoning Commission and that the developer ad- dress himself to question brought up tonight as to entrance and exit. Seeond- ed by Councilman Tully. Carried by the following vote: Yeas-Councilmen Brady, Pregler, Tul- ly, Wertzberger. Nays-Mayor Stackis. Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the fi- nal plat of "Buena Vista Court" submit- ted by Mr. and Mrs. Donald Licht for their property located on a westerl:' ex- tension of River Vista Drive, north of Boleyn Road and the City's corporate boundary but witbin tbe jurisdictional ".-.......- \ji ..----... 586 Special Session, November 21, 1977 review limits of the City of Dubuque, Iowa. In reviewing the final plat of "Buena Vista Court", the Planning and Zoning Commission has found that the plat meets all the conditions for approval as set forth in approval of the preliminary plat. The Commission has voted to ap- prove the final plat and recommends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Conncilman Pregler. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert,berger. Nays-none. RESOLUTION NO. 468-77 Resolution Approving the Plat of "Buena Vista Court in Section 2, Du- buque Township, Dubuque County, Iowa" WHEREAS, there has been filed witb tbe City Clerk a plat of the subdivision to be known as "Buena Vista Court in Sec- tion 2, Dubuque Township, Dubuque County, Iowa". Donald M. Licht and Arlene K. Licht, husband and wife, and WHEREAS, upon said plat appear streets to be known as River Vista Drive and Eii Drive together with certain public utility easements which the Owners by said plat have dedicated to the public forever: and WHEREAS. said plat has been ex- amined by the City Planning and Zoniug Commission and had its approval en- dorsed thereon: and WHEREAS, said plat has been ex- amined by the City Council and they find that tbe same conforms to statutes and ordinances relating thereto. except tbat the streets have not been brought to grade, or paving or water installed: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. Tbat the dedications of River Vista Drive and Eii Drive. to- gether with the easements for public utilities as the same appear upon said plat be and the same are hereby ac- cepted; the dedication of River Vista Drive aisoincludesLot20fLot lofLot2 of Lot 1 ofLot2 of Lot 1 of Lot 1 ofRiver Vista Heights, Dubuque County. Iowa. Section 2. That the plat of "Buena Vista Conrt in Section 2, Dubuque Townsbip Dubuque County, Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby au- tbori"d and directed to endorse the ap- proval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named. execute their written acceptance hereto attach- ed agreeing: a. To reduce all streets to grade and to construct concrete cnrb and gutter and to hard surface River Vista Drive and Eii Drive with bituminous con- crete, or witb concrete paving with in- tegral curb, all in accordance witb Ci- ty of Dubuque standard specifica- tions: b. To install water mains and water ser- vice laterals in accordance with plans submitted with the plat: c. To construct the foregoing im- provements in accordance witb plans and specifications approved by the Ci- ty Manager, nnder tbe inspection of City Engineer, and in a manner ap- proved by the City Manager: d. To maintain the foregoing im- provements for a period of four (41 years from tbe date of their accept- ance by the City of Dubuque, Iowa; e. To provide the foregoing construct- ion and maintenance at the sole ex- pense of the subdivider Donald M. Licht and Arlene K. Licht, husband and wife as owner; f. To construct said improvements with the 2-year allowable time limit. g. All utilities will be buried. and further provided tbat said Donald M. Licht and Arlene K. Licht, husband and wife. as owner of said Subdivision, secure the performance ofthe foregoing conditions by providing secority in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Donald M. Licht and Arlene K. Licht, husband and wife, shall fail to execute the accept- ance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution. the pro- visions hereof shall be null and void and the acceptance of tbe dedication and ap- proval of the plat shall not be effective. PASSED. ADOPTED. AND AP- PROVED by recorded roll call this 21st day of November, A.D., 1977. Emii Stackis Mayor Tbomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST; Leo F. Frommelt City Clerk Special Session, November 21, 1977 587 ACCEPTANCE OF RESOLUTION NO. 468.77 We. the undersigned Donald M. Licht and Arlene K. Licht, busband and wife having read tbe terms and conditions of the foregoing Resolution No.'468-77 and heing familiar with the conditions thereof. hereby accept the same and agree to perform the eonditions re- quired therein. Dated at Dubuque, Iowa, this 21st day of November, 1977. Donald M. Licht Arlene K. Licht TO: LEO F. FROMMELT CITY CLERK This is to certify that the security pro vided by tbe foregoing RESOLUTION NO. 468-77 has been furnished by the owners. Dated at Dobuque.lowa, tbis 30th day of November, 1977. Gilbert D. Chavenelle City Manager Couneilmao W ertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert,herger. Nays-none. Aogust 29, 1977 Honorable Mayor and Couneilmen Tbe City of Doboque Planning and ;~;~~::t ~~~~~~~~:v~:iso~e:i~~~~ ~~~~; I 1 of Lot 1 of Lot 1 of Lot 2 of "Louis H. Walter Place" into Lots 1 and 2 of tbat Subdivision. The property lies on tbe south side of Cedar Crnss Road abutting the Ace Mobile Home Park and is witbin the City of Dubuque's jurisdictional reo. view limits. A map of tbe area, showing the subjeet property in a sbaded pat- tem, is attacbed. The Planning and Zoning Commission bas determined that the final plat, as sobmitted, meets the minimum re- quirements of the Subdivision Regula- tions of tbe City of Dubuque, Iowa. and recnmmends your favorable considera- tion. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and fikd. S".onded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Bradv. Pregler, Tully, Wertzberger. . Nays-none. RESOLUTION NO. 469.77 A Resolution Approving the Plat of the Subdivision of Lot20f Lot 1 of Lot 1 of Lot 1 of Lot 2 of "Louis H. Walter Place" In Section 34, Township 89 North, Range 2 East of the 5th Prin. cipal Meridian, Dubuque Township, Dubuque County, Iowa, and is Platted as Lot 1 and Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of "Louis H. Walter Place" in Section 34, Township 89 North, Range 2 East of the 5th Prln. cipal Meridian, Dubuque Township, Dubuque County, Iowa. WHEREAS, said plat has been ex amined by the City of Dubuque Planning and Zoning Commission and had its ap- proval endorsed thereon: and, WHEREAS, said plat has been ex- amined by the City Council and they find the same conforms to the Statotes and Ordinances relating thereto: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authori"d and directed to en- dorse tbe approval of the City upon said plat. Passed, adopted, and approved this 21st day of November, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Cooncilman Pregler moved adoption of the Resolution. Seconded by Coun- cilman Tnlly. Carried by tbe following vote. Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wm.tzberger. Nays-none. November 9. 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the fi- nai plat of the subdivision of Lot 1 of Lot 1 of "Bireh Acres" into Lots 1 and 2 of that subdivision: and the subdivision of Lot 15 of Block 1 into Lots land20fLot 15 of Block 1 of "Bireh Acres". The pro- perty is loeated on the cast side of Fre- mont Avenue and north of Kelly Lane, all in the City of Dubuque, Iowa. The intent of the subdivision of the two parceis is to permit re-subdivision of Lot 2 of Lot 1 of 1: and Lot 20!Lot 15 of 588 Special 'Session, November 21, 1977 November 4, 1977 Block 1 all in "Birch Acres" into single- family residential lots. The Planning and Zoning Commission has voted to approve the plat and recom- mends your lavorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of I Community Development Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Tully, Wertzberger. Nays-Co'lncilman Brany. RESOLUTION NO. 470.77 A Resolution Approving the Plat of Lot 1 and Lot 2 of Lot 1 of Lot 1 of "Birch Acres"; and Lot 1 and Lot 2 of the Sub. division of Lot 15 of Block 1 in "Birch Acres" all in the City of Dubuque, Iowa. WHEREAS. there has been filed with the City Clerk a platolthe subdivision of Lot 1 01 Lot 1 of "Bircb Acres" and plat- ted as Lot 1 and Lot20fLot 1 of Lot 10f "Birch Acres": and Lot 1 and Lot 20ftbe subdivision of Lot 15 of Block 1 in "Birch Acres" all in the City 01 Dubuque, Iowa. WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission of the City 01 Dubuque, Iowa, and had its approval endorsed thereon: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the Plat of Lot 1 and Lot 2 of Lot 10f"Birch Acres": and Lot 1 and Lot 2 of the subdivision 01 Lot 15 of Block 1 in "Birch Acres", in the City of Dubuque, Iowa, be and the same is here- by approved and tbe Mayor and City Cierk are hereby authorized and di- rected to endorse the approval of the Ci- ty of Dnbuque, Iowa, upon said plat. Passed, adopted, and approved this 21st day of November, 1977. Emil Stackis Mayor Thomas A.1'ully Jr. Richard Wertzberger Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the follow- ing vote: Yeas-Mayor Stackis, Councilmen Pregler, Tuny, Wertzberger. Nays-Councilman Brady. Honorable Mayor and Councilmen At your direction the City ofDubuque Planning and Zoning Commission has again reviewed the final plat of Lots 1 through 7 ofBlock2and Lot 150fBIock 1 of "Birch Acres" Subdivision. ILot 15 of Block 1 has since been designated as Lot 8 of Block 2 as shown on the plat.! Tbe property is located on the east side of Fremont Avenue north of its in- terseetion with Keny Lane in the City of Dubuque. Iowa, as shown on the attacb- ed map. A petition bearing signatures of 11 residents of the Knob Hill area who object to, the proposed access street ILot 8) to Fremont Avenue from the Birch Acres Subdivision is attached. The Planning and Zoning Commission had originally given their approval to this plat at their meeting of April 26, 1977, and reaffirmed that approval at their meeting of June 1, 1977. The Com- mission took no further action on the plat at their meeting of August 17, 1977, and transmits the plat herein described to you for final determination. The Com- mission has found the plat to be in com- pliance with tbe Zoning Ordinance and the Subdivision Regnlations of the City of Dubuque, Iowa. City Planning and Zoning Commission Daniel Dittemore Director of Community Deveiopment Councilman Wertzberger moved thåt the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Tully. Wertzberger. Nays-Councilman Brady. RESOLUTION NO. 471.77 Resolution Approving Plat of Lots 1 Through 8 of Block 2 in "Birch Acres" in the City of Dubuque, Iowa WHEREAS there bas been filed with the City Clerkaplatin whichLot2ofLot 1 of Lot 1 of "Birch Acres" in the City of Dubuque, Iowa and Lot 20fLot 15, Block 1 in "Birch Acres" in the City of Du- buque. Iowa is platted a" Lots 1 through 8 of Block 2 in "Birch Acres" in tbe City of Dubuque, Iowa and WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon: and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: (Necessity for Improvement) RESOLUTION NO. 458.77 WHEREAS, proposed plans. spec ifications, and form of contract have been duly prepared and approved by tbe City Council ofthe City o!Dubuque and are now on file in the office of the City Clerk showing among other tbings the following: II) The plan of sucb improvement 12) An estimate 01 the cost of the im- provement for the construction of the South Fork Sanitary Sewer. BE IT THEREFORE RESOLVED tbat the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein men- tioned improvement. and unless proper- ty owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk object- ions to the amount of the cost 01 the im- provement, they shall be deemed to bave waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid out 01 the Local Public Works Fund, Sewage Rental Fund and private contributions. Tbe above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of November, 1977. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed. by the City Council tbis 21st day of November, 1977. Special Session, November 21, 1977 589 NOW, THEREFORE, BE IT RE- Yeas-Mayor Stackis, Councilmen Brady, SOLVED BY THE CITY COUNCIL OF Pregler, Wertzberger. THE CI1'Y OF DUBUQUE, IOWA. Nays-none. Section 1. That the above described Abstain-Councilman Tully. plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted, and approved this 21st day of November, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger Walter A, Pregler Councilmen ATTEST: Leo F, Frommelt City Clerk Councilman Wel'tzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the follow- ing vote: Yeas-Mayor Stackis, Councilmen Preg- ler, Tully, Wertzberger. Nays-Councilman Brady. Communication of East Central In- tergovernmental Ass'n, relative to join- ing the Regional Housing Authority, presented and read. Councilman Wertz- berger moved that the communication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler, Tully. Wertzberger. Nays-none. A RESOLUTION Approviug the Ar- ticle of Agreement and Membership in the Eastern Iowa Regional Housing Au- thority under the Direction 01 East Cen- tral Intergovernmental Association AND A RESOLUTION Appointing Commissioners to the Eastern Iowa Regional Housing Autbority from the City of Dubuque, Iowa, presented and read. Councilman Wertzberger moved that the resolutions be referred to the Council Meeting 01 November 29. 1977, at 7:00 P.M. in the Council Chambers at City Hall. Seconded by Councilman Brady. Carried by the lollowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-uone. Proof 01 Publication. certified to by the Publisher, of Notice of Pendency of Resolution of Necessity upon plans etc. lor construction 01 South Fork Sanitary Sewer, presented and read. Councilman Wertzberger moved that the prool of publicatiou be received and filed. Se- conded by Councilman Pregler. Carried by the followiug vote: Emil Stackis Mayor Richard Wertzberger James E. Brady Waiter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved final adoption 01 the Resolution. Seconded by Councilman Pregler. Carried by tbe fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. 590 Special Session, November 21, 1977 Decision of Council upon object. I ions to plans, specifi"cations, form of contract and cost of improvements. RESOLUTION NO. 472.77 WHEREAS, proposed plans and spec- ifications and form of contract for the construction of the South Fork Sanitary Sewer have been approved by the City Council of the City of Dubuque and pub- lic notice given as provided by Chapter 384 of the Code oflowa, 1977. pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improve- ments, said time being this 21st day of November, 1977: and WHEREAS, the City Council met in special session this 21st day of No- vember.1977. at 7:30 o'clock P.M. at tbe Council Cbambers in the City Hall for the purpose of hearing all interested par- ties and considering any and all object- ions which have been filed to the pro- posed plans, specifications or contract for or cost of the improvement herein described and proposed to be made: and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered: now. therefore BE IT RESOLVED by the City Coun- cil of the City o!Dubuque, that all object- ions which hsve been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruied and such plans, specifications and form of con- tract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the pians, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 21st day of November, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wert,berger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Staclds, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. (Ordering Construction) RESOLUTION NO. 473.77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of necessity No. 458-77 which was duly passed by this Council, for the construct- ion ofthe South Fork Sanitary Sewer 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 sball be constructed in accordance witb the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE 1T FURTHER RESOI,VED that the cost and expense of the said improve- ment be paid from the Local Public Works Fund, Sewage Rental Fund, and private contributions. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements 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. Passed, adopted, and approved this 21st day of November, 1977. Emil Stackis Mayor Ricbard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Counciiman Pregler. Carried by tbe following vote: Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice to Contractors of reeeipt of bids for construction of South Fork Sanitary Sewer, presented and read. Councilman Wertzberger moved tbat the proof of publication be reeeived and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: \Ì'¡ Special Session, November 21, 1977 591 Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. November 16. 1977 To the Honorable Mayor arid City Council Pursuant to your instructions sealed bids were received on November 16. 1977 for the South Fork Sanitary Sewer. The lowest bid was entered by Tri- State Paving Company, Division of Dubuque Stone Products of Dubuque. Their bid was 12.88% under the en- gineer's estimate. I would recommend that the contract be awarded to Tri-State Paving Com- pany. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Staclds, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. (Awarding Contract) RESOLUTION NO. 474.77 WHEREAS, sealed proposals have been submitted by contractors for the South Fork Sanitary Sewer pursuant to Resolution No. 459-77 and notice to bid- ders published in a newspaper published in said City on November 10. 1977: and WHEREAS, said sealed proposals were opened and read on November 16, 1977, and it has been determined that the bid of Tri-State Paving Company, Division of Dubuque Stone Products of Dubuque, Iowa in the amount of $79,870.74 was the lowest bid for the fur- nishing of all labor and materials and performing the work as provided for in tbe pla.18 and specifications: now tberefm-e, BE IT RESOI,VED by the City Coun- cil of the City of Dubuque that the con- tract for the above mentioned improve- ment be awarded to Tri-State Paving Company, Division of Dubuque Stone Products and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOI,VED, that upon the signing of said contract and the approval of the contractors bond tbe Ci- ty Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 21st day of November, 1977. Emil Stackis Mayor Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Staclds, Conncilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. November 18, 1977 Honorable Mayor and Councilmen Tbe City of Dubuque Pianning and Zoning Commission has reviewed the final plat of Lots 30 through 53 of 'Hawkeye Estates" Subdivision in tbe ci- ty of Dubuque, Iowa. The property is 10- catedon the east side of Peru Road and is bounded on the north by the City's cor- porate limits. In reviewing tbis matter the Commis- sion bas found the final plat to be in general compliance with the approved preliminary plat with the exception that Lot 35 had been shown as an outlot witb no direct access on the preliminary plat and have determined that it is not a buildable lot as platted and could only be developed from a southeast aecess. The Planning and Zoning Commission has voted to approve the final plat 01 Lots 30 through 53 of "Hawkeye Es- tates" on the condition that it be noted that l.ot 35 as piatted does not constitute a buildable lot and can oniy be developed if access is gained from the southeast. The Commission recommends your fa- vorable consideration noting tbe condi- tions herein described. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Counciiman Wertzberger moved that the communication bereeeived and filed. Seconded by Councilman Tully. Carried by the following vote: . Yeas-Mayor Stackis, Couneilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 475-77 Resolution Approving the Plat of Hawkeye Estates in the City of Dubu. que, Iowa WHEREAS, th"e has been filed with the City Clerk a plat of tbe Subdi- 592 Special Session, November 21, 1977 vision to be known as Lots 30 thru 53, both inclusive, in Hawkeye Estates in the City of Dubuque, Iowa. by Bernard Hefel and Lawrence Hefel and: WHEREAS, upon said plat appear streets to be known as Hawkeye Drive and Buckeye Court, together with cer- tain public utility easements which the Owners by said plat have dedicated to the public forever: and WHEREAS, said plat have been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon: and I WHEREAS, said plat bas been ex- amined by tbe City Council and they find that the same conforms to statutes and ordinances relating thereto, except that streets have not been paved or sewer or water installed. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the dedications of Hawkeye Drive and Buckeye Court to- getber with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted: Section 2. That the plat of Lots 30 thru 53. both inclusive, in Hawkeye Es- tates in the City of Dubuque. Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided tbe owners of said property herein named, execute their written acceptance hereto attach- ed agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to bard surface Hawkeye Drive and Buckeye Court with bituminous concrete, or with concrete paving with integral curb. all in accordance with City ofDubuque standard speci- fications: b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat: c. To install water mains and water service laterals in accordance with plans submitted with the plat: d. To install storm sewers and catchba- sins in accordance with plans submit- ted with the plat: e. To install concrete sidewalks as re- quired by Ordinances, and where di- rected by the City Engineer and the City Manager: f. To install boulevard street lighting in accordance witb pians submitted with the plat: g. To construct the foregoing improve- ments in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager: h. To maintain the foregoing improve- ments for a period of fonr 14) years from tbe date of their acceptance by the City ofDubuque, Iowa: i. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the subdivider Bernard Hef- el and Lawrence Hefel as owner: j. To construct said improvements, ex- cept sidewalks and street lighting prior to Aug. I, 1978, and to cons- truct the sidewalks and street light- ingprior to June 1. 1980: and further provided that said Bernard Hefei and Lawrence Hefel, as owner of said Subdivision, secure the perform- ance of the foregoing conditions by pro- viding security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Bernard Hefel and Lawrence Hefel. shall fail to execute the acceptance and furnish the security provided for in Section 2 here- of within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the piat shall not be effective. Passed, adopted, and approved by recorded roll call this 21st day of November. A.D.,1977. EmilStaekis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 475.77 We, the undersigned Bernard Hefel & Lawrence Hefel having read the terms and conditions of the foregoing Resolution No. 475-77 and being famili- ar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 21st day of November, 1977. BernardHefel LawrenceHefel TO: LEO F. FROMMELT CITY CLERK Tbis is tò certify that the security provided by the foregoing RESOLU- TION NO. 475-77 has been furnished by the owners. Special Session, November 21, 1977 593 Dated at Dubuque, Iowa, this 29th day of November, 1977. Gilbert D. Chaveneile City Manager Councilman Wertzberger moved adoption of the Resolntion. Seconded by Councilman Tuily. Carried by the fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily, Wertzberger. Nays-none. November 10, 1977 Honorable Mayor and Members of City Council Pertinent federal regulations require that the City of Dubuque prepare an an- nual report detailing how Antireces- sionary and General Revenue Sbaring Funds were expended. Such a report has been prepared for the year ending June 30, and a copy is enclosed. Antireeessionary funds re- ceived before June 30 are included in the current budget and will be detailed in the next annual report. Consequent- ly, tbe enclosure does not contain any data on these particular funds. A eopy of this report must also be made avail- able for public inspection. We would request your authority to sign this report and for the City Clerk to publish notice of the availability of the report for inspection. A copy of the proposed notice is also enclosed. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that tbe communication be received and fil- ed and request be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, 'fully, Wertzberger. Nays-none. Honorable Mayor and City Couucil Attached is a proposed amendment to the Fiscal Year 1978 budget. This amendment is necessary to re- Beet appropriations heing carried for- ward from Fiscal Year 1977 as well as new appropriations. Speeified for each item is the status as to budgeted or non- budgeted and a breakdown of the 'source of revenue supporting the line item. Tbose items marked carryover were budgeted in FY '77 and the appro- priations as weil as the funds support- ing the appropriations are being carried forward. Items in tbe cash balance col- umn are being supported by available casb on July 1, 1977. New revenue is revenue which was unanticipated when the hudget was final¡'ed last spring. Ail items whicb were not budgeted last year have been approved by the City Council during the course of the year with the following exceptions: re- build fire engine: McClain storm sewer: push boat - additional cost: library fur- nace: and airport snow removal equip- ment. You are requested to set a date for a public hearing and to adopt a resolution autborizing the City Clerk to publish the proposed amendment and date of public hearing. You are also requested to establish a work session date for Monday, Novem- ber 28, 7:00 p.m., to discuss the budget amendment and year-end balanees. GilbertD.Chavenelle City Manager Couneilman Wertzberger moved that the communication be received and fil- ed. Seconded by Councilman Tuily. Car- ried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 476.77 Resolution Directing the City Clerk to Publish Proposed Amendment to the Fiscal Year 1978 Budget and Date of Public Hearing WHEREAS, an amendment is pro- posed to the Fiscal Year 1978 budget: and WHEREAS, Section 384.16, Code of Iowa, stipulates that a public hearing must be held on such a budget amend- ment. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the City Clerk is hereby authorized and directed to pub- lish the proposed amendment to the Fiscal Year 1978 budget and the date of public hearing. Passed, adopted, and approved this 21st day of November, 1977. EmilStackis Mayor Thomas A.'rully Jr. Richard Wertzberger JamesE.Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- iowingvote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wert,berger. Nays-none. November 7. 1977 Special Session, November 21, 1977 594 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed a fi- nal plat subdividing Lot 1 of Lot "A" of Block 5 of Timber Ridge Addition into 13 single-family residential lots. The property lies on the westerly extension 01 June Drive and on either side of Mela Drive west of the proposed Cedar Cross Road extension in the City of Dubuque, Iowa. The Planning and Zoning Commis- sion has found the final plat to be in compliance with the Subdivision Regu- lations and Zoning Ordinance of the City of Dubuque, Iowa. The Commis- sion has voted to approve the plat and recommend your favorable considera- tion. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Wertzberger moved that the communication be received and fil- ed. Seconded by Councilman Tully. Car- ried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 477.77 Resolution Approving the Plat of Tim. ber Ridge Addition, Subdivision of Lot 1 of Lot A, Block 5 in the City of Dubuque, Dubuque County, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdi- vision to be known as TIMBER RIDGE ADDITION. SUBDIVISION OF LOT 1 of LOT A, BLOCK 5 IN THE CITY OF DUBUQUE, lOW A, by: RICHARD C. HENSCHEL, Owuer, and joined in by his wife, Mildred C. Henschel, subject to easements of record and according to the recorded plats tbereof of Lot 1 of Lot A, Block 5 of Timber Ridge Addi- tion in the City of Dubuque, Dubuque County, Iowa: and WHEREAS, upon said piat appear streets to be known as June Drive and Mela Drive, togetber with certain pub- lic utility easements wbich the Owner, by said plat, have dedicated to the pub- licforever; and WHEREAS, said plat has been ex- amined by tbe City Planning and Zoning Commission and had its approv- al endorsed thereon: and WHEREAS, said plat bas been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades havc not beeu estab- lished. the streets brought to grade, or paving, sewer or water installed: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the dedications of June Drive and Mela Drive, together with easements for public utilities as the same appear upon said plat, be and the same are hereby accepted: Section 2. That the plat of TIMBER RIDGE ADDITION, SUBDIVISION OF LOT 1 of LOT A, BLOCK 5 IN THE CITY OF DUBUQUE. IOWA, be and the same is hereby approved and the Mayor and City Clerk are hereby au- thorized and directed to endorse the ap- proval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attach- ed agreeing: a, To reduce all streets to grade and to construct concrete curb and gutter and to hard surface June Drive and Mela Drive with bituminous con- crete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifica- tions: b. To install$anitary sewer mains and sewer service laterals in accordance witb plans submitted with the plat: c. To install water mains and water service laterals in accordance with plans submitted with the plat: d. To install concrete sidewalks as re- quired by Ordinances, and where di- rected by the City Engineer and tbe City Manager; e. To constrnct all improvements in compliance with any and all appli- cable City of Dubuque Specifications as approved by the City Engineer; f. To maintain the foregoing improve- ments for a period of four 141 years from the date of tbelr acceptanee by tbe City ofDubuque. Iowa: g. To provide the foregoing construe- tion and maintenance at tbe sole ex- pense of the Developer and Subdi- vider, Richard C. Henschel, Owner, and joined in by his wife, Mildred C. Henschel: h. To construct said improvements, in- cluding sidewalks, prior to Novem- ber, 1980; i. To install in accordance with City Specifications, bouievard street light: ing within 30 days after the eomple- tion of tbe adjacent curb and gutter wit bin any partieular section of tbe proposed Subdivision; and further provided that Richard C. Henschel, Owner, and joined by bis wife, Mildred C. Henschel, seeure the Special Session, November 21, 1977 595 performance of the foregoing conditions by providing security in such form and witb such sureties as may be acceptable to the City Manager. Section 3. That in the event Ricbard C. Henschel, Owner of said Subdivision, and joined in by his wife, Mildred C. Henschel, shall fail to execute the ac- ceptance and furnish the security pro- vided for in Section 2 hereof, within 45 days after tbe date of tbis Resolution, tbe provisions hereof shall be null and void and the acceptance of the dedica- tion and approval of tbe plat shall not be effective. Passed, adopted, and approved by unanimous recorded roll call this 21,t day of November, A.D.,1977. EmilStackis Mayor Thomas A. Tuily Jr. Richard Wertzberger James E. Brady WalterA.Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 477-77 We, the undersigned Richard C. Hen- schei and Mildred C. Henscbel having read the terms and conditions of tbe foregoing Resolution No. 477-77 and be- ing familiar with the conditions thereof, hereby accept tbe same and agree to perform the conditions required there- in. Dated at Dubuque, Iowa, this 29th day ofDecember, 1977. BY: Riehard C. Hensehel, Owner Mildred C. Henschel, his wife TO: LEO F. FROMMELT, CITY CLERK This is to certify that the security provided by tbe foregoing RESOI.U- TION NO.477-77 has been furnished by the Owners. Dated at Dubuque, Iowa this 29th dayofDecember, 1977. Gilbert D. Cbaveneile, City Manager Councilman Wertzberger moved adoption of the Resolution. Seconded by Councilman Tuily. Carried by tbe fol- lowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. November 18, 1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed a cor- rection plat of Lot 4 of Block 1 of River Front Subdivision No.5 in the City of Dubuque, Iowa. The property is located south of Roosevelt Street extension and east of Kerper Bouievard. The intent of the review of the plat is to rectify a clerical error whicb ineor- rectly identified the plat as River Front Subdivision No.3. Tbe Commission has approved the Correction Plat and rec- ommends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Couneilman Tuily. Carried by the loilowing vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tuily, Wertzberger. Nays-none. RESOLUTION NO. 478-77 A Resolution Approving the Correction Plat of Lot 1 and Lot 2 of Lot 4 of Block 1 in River Front Subdivision No.5 in the City of Dubuque, Iowa WHEREAS, tbere has been filed with the City Clerk a correction plat to be known as Lot 1 and Lot 2 of Lot 4 of Block 1 in River Front Subdivision No. 5 in tbe City ofDubuque, Iowa; and WHEREAS, tbere are no streets or other public improvements to be instal- led, no security for construction and maintenance of public improvements shouid be required, and: WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission and had its approv- al endorsed thereon; and NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That tbe correction plat 01 Lot 1 and Lot 2 of Lot 4 of Block 1 in River Front Subdivision No.5 in the City of Dubuque, Iowa. be and tbe same is hereby approved and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of tbe City 01 Dubuque, Iowa, upon said plat. Passed, adopted, and approved this 21st day ofNovember, 1977. Emil Stackis Mayor Tbomas A. Tuily Jr. Ricbard Wertzberger James E. Brady WalterA.Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk 596 Special Session, November 21, 1977 Councilman Pregler moved adoption I of the Resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-n@e. RESOLUTION NO, 479.77 WHEREAS, applications for Liquor Licenses have been submitted to this Couucil for approval and the same bave been examined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the follow- I ing applications be approved and licens- es issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Town Clock Inn, Incorporated - Nesler Center, 8th and Main. Hazel E. Koeller (Sunday Sales Only) - 2987 Jackson Street. Passed, adopted, and approved this 21st day of November, 1977. Emil Stackis Mayor Thomas A.Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk I Conncilman Pregler moved adoption of the Resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas-Mayor Stackis. Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 480,77 WHEREAS, applications for Liquor Licenses were filed by the within nam- ed applicants and they have received the approval of this Council: 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 tbere- to~ì~he~~~~~~~Ît~pe~~o~~: RE I SOLVED by the City Council of Dubu- que, Iowa, that the Manager be au- thorized to cause to be issued to the fol- lowing named applicants a Liquor Li- cense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Town Clock Inn. Incorporated - Nesler Center. 8th and Main. Hazel E. Koeller (Sunday Sales Only) - 2987 Jackson Street. Passed, adopted, and approved tbis 21st day of November, 1977. EmilStackis Mayor 'fhomas A. Tully Jr. Ricbard Wertzberger JamesE.Brady WalterA.Pregler Councilmen A1'TEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. RESOLUTION NO. 481-77 WHEREAS, applications for Bßer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RE-- SOLVED by the City Council of the City of Dubuque, Iowa, that the follow- ing applications be granted and permits issued upon tbe compliance witb the termsofthe Ordinances of the City. CLASS "B" BEER PERMIT Loras College - Alta Vista & Loras Blvd. Clarke College of Dubuque, Iowa - 1550 Clarke Drive. CLASS "C" BEER PERMIT Earl John Tegeler (Also Sunday Sales) - 2311 Windsor Ave. Thompson's Food Markets, Inc. (Also Sunday Sales) - 1256 Iowa Street. Hartig Drug Company (Also Sunday Sales) - 700 Town Clock Plaza. Hartig Drug Company (Also Sunday Sales) - 97 Locust Street. Hartig Drug Company (Also Sunday Sales) - 2255J. F.Kennedy Road. Hartig Drug Company (Also Sunday Sales) - 2225 Central A venue. Passed, adopted, and approved this 21st day of November, 1977. EmilStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A.Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the Resolution. Seconded by Council- man Tully. Carried by tbe following vote: Yeas-Mayor Staekis. Councilmen Brady. Pregler, Tully, Wertzberger. Nays-none. Special Session, November 21. 1977 597 RESOLUTION NO. 482-77 WHEREAS. applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS. the premises to be occu- pied hy such applicants were inspected I and found to eomply witb the Ordinanc- es of this City and they have filed pro- per bonds: NOW THEREFORE BE IT RE-- SOLVED by the City Council of the City of Dubuque, Iowa. that tbe follow- ing applications be granted and Mana- ger be anthorized to cause to be issued to the following named applicants a Beer Permit. CLASS"B" BEER PERMIT Loras College - Alta Vista & Loras Blvd. Clarke College of Dubuque. Iowa - 1550 Clarke Drive. CLASS "C" BEER PERMIT Earl Jobn Tegeler (Also Sunday I Sales) - 2311 Windsor Ave. Thompson's Food Markets, Inc. (Also Sunday Sales) - 1256 Iowa Street. Hartig Drug Company (Also Sunday Sales) - 700 Town Clock Plaza. Hartig Drng Comparty (Also Sunday Sales) - 97 Locuststi-eet. Hartig Drug Company (Also Sunday Sales)- 2255J. F. Kennedy Road. Hartig Drug Company (Also Sunday Sales) - 2225 Central A venue. Passed, adopted, and approved this 21st day o¡November, 1977. Emil Stackis Mayor Thomas A. Tully Jr. Ricbard Wertzberger James E. Brady WalterA.Pregler ATTEST: Councilmen LeoF.Frommelt City Clerk Counciiman Pregler moved adoption of the Resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Tully moved that the City Clerk be autborized to return a I fire pumper an unopened hid received, after the filing deadline, from Hicklin power Co. Des Moines, Iowa. Seconded hy Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, 'fully, Wertzberger. Nays-none. There being no furtber business Councilman Wertzberger moved to ad- journ. Seeonded by Mayor Stackis. Car- ried by the following vote: Yeas-Mayor Stackis, Counwmen Brady, Pregler, Tully, Wertzberger. Nays-none. Leo F. Frommelt City Clerk Approved...................... 1978 Adopted.............""""" 1978 Council Members ATTEST: City Clerk 598 Special Session, November 21, 1977 CITY COUNCIL OFFICIAL Special Session, November 29, 1977. Council met at 7:00 P.M. (C.S:r.1 Present - Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Mayo>' Stackis read the call and stated that service thereof had been duly made and tbis Meeting is called for the purpose of GRANTING PERMISSION TO THE DUBUQUE AREA DEVEI.OPMENT ASS'N.TO PRESENT A REPORT FROM DEVELOPMENT CONTROL CORP. ON THE STUDY FOR A RE- TAIL SHOPPING CENTER ON RE- MAINING URBAN RENEWAL LAND and acting upon such other business as may properly come before a Regular Meeling of the Council. Communication of Dubuque Area De- velopment Association requesting per- mi"ion 10 address tbe Council relative to the market potential foc a retail shopping center on Urban Renewal property, pre- sented and ,'ead. Councilman Pregler moved that the eommunication be receiv- ed and filed. Seconded by Councilman Brady. Carried by the following vole: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Pregler moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Sec- onded by Councilman Brady. Carried by the following vok . Yeas-Mayor Sk"kis, Councilmen Brady, Pregler, Tully, Wcct,berger. Nays-none. Nieholas Schrup, President of Dubu- que Aera Development Association in- troduced Mr. Hal Immes and Mr. Don Fisk, eonwltants foe Deveiopment Con- trol Corp. They presented 3 different levels for a Market Square in Urban Re- newal area: Recommended Levels 1 or 2 most suitable: consisting of 1 and 2 story buildings with 2 major dep...tment sto- res possible: New parking ramp would have to be built by the City: Will submit written proposal within 5 to 10 days: Al- so showed slides of Port Plaza in Geren Bay, Wiseonsin, wbich was developed by Development Control Co. Communication of Citizens Advisory Commission submitting a motion adopt- ed by their body on November 15, 1977, proposing that a number of public hear- ings be held by the City Council to pro- vide citizen input regarding 561 Free- way and Dubuque Wisconsin Bridge, presented and read. Don Deich, Chairman of Advisory Commission, spoke to tbe communica- CITY COUNCIL OFFICIAL Special Session, November21, 1977. Council met at 6:80 P.M. (C.S.T.) Approved. . 1978 Special Session, November 29, 1977 599 Adopted. . 1978 Present - Mayor Stackis, Councilmen Brady, Preglc", Tully, Wert,berger. City Manager Gilbert D. Chavenelle. Mayor Stackis read tbe call and stated that service thereof had been dulv made and this meeting is called for tbe purpose of DISCUSSION WITH INTEGRA- BUILT, INC. RELATIVE TO URBAN RENEW AI. PROPERTY and aeting upon sucb other business as may properly come before a Regular Meeting of the Council. ATTEST: City Councilmen Pregler moved to suspend the rules to let anyone pre"nt address the Council if they so desire. Seconded bv Councilman Tully. Carried by the follo';- ingvote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Bill Balsiger, Jack Fleig, John Neison, Don Staley and Willard Thorsen, mem- bers ofIntegra-Built. Inc., were present- ed to the Council. They requested a land lease on Urban Renewai property: Re- solve parking problems: Land lease gives cash flow; Done with otber cities. At6:40 P.M. Councilman Wertzberger moved to go into Executive Session to study proposal for sale of City-owned Property. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Couneilman Tully. THE RECORD SHOWS COUN- CILMAN TULLY REFRAINED FROM ATTENDING EXECUTIVE SESSION. Council reconvened in Regular Ses- sion at 7:25 P.M. Mayor Stackis announced that no de- cision had been reaehed after the review of drawings and discussion of plans. There being no further business, Councilman Wertzberger moved to ad- journ. Seconded by Mayor Stackis Car- ried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tnlly, Wertzberger. Nays-none. Leo F. Frommelt City Clerk tion recommending Couneil run the meet- ings. Councilman Tully moved that the communication be received and filed and referred to Council. Seconded by Coun- cilman Wertzberger. Carried by the fni- lowing vote: Yeas-Mayor Stackis, Councilmen Brady. Pregler. Tully, Wertzberger. Nays-none. Communication of East Central Inter- governmental Ass'n. relative to estab- lishment of Regional Housing Author- ity, presented and read. Karl Biasi spoke relative to the com- munication. Councilman Pregler moved that the communication be referred to the City Solicitor, City Manager, and Staff for definition, investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. A RESOLUTION approving the Arti- cles of Agreement and Membership on the Eastern Iowa Regional Housing Authority under the Direction of East Central Inter-Governmental Associa- tion AND A RESOLUTION Appointing Commissioners to the Eastern Iowa Regional Housing Authority from the City of Dubuque, Iowa. presented and read. Councilman Pregler moved that the Resolutions be referred to the City Solicitor, City Manager and Staff for definition, investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Wertzberger moved that Mayor Stackis be authorized to sign a letter designating City of Dubuque as "Growth Center" of East Central Gov- ernmental Association District. Se- conded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. At 9:29 P.M. Councilman Tully moved to go into Executive Session to discuss sale and purcbase of City-owned pro- perty. Seconded by Councilman Wertz- berger. Carried by tbe following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Council reconvened in Reguiar Ses- sion at 10:24 P.M. Councilman Pregler moved that the City Council expresses its desire and willingness to work with Dubuque Area Industrial Development Corporation to illill Iii I 1:111' i,111 !"II Iii I 600 Special Session, November 29, 1977 secure Industrial Land for certain local industries and further instructs the City Manager to work with those p~rties ne- cessary to reasonably secure same. Se- conded by Councilman Tully. Carried by the following vote: Yeas.Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Wertzberger moved that Charles L. Egelhof be appointed to the Dock Commission for a three year term expiring November 26. 1980 due to re- cent resignation of Wayne A. Molden- hauer. Seconded by Councilman Brady. Carried by the following vote: Yeas-Counellmen Brady, Pregler. Tul- ly, Wertzberger. Nays-none. Abstain-Mayor Stackis. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Leo F. Frommelt City Clerk Approved...................... 1978 Adopted....................... 1978 Council Members ATTEST: City Clerk -,- Regular Meeting, December 5, 1977 603 CITY COUNCIL OFFICIAL Regular meeting December 5, 1977. 'Council metat 7:30P.M. IC.S.'f.) Present - Councilmen Brady. Preg- IN, Wert,berger. City Manager Gilbert D. Chavenelle. Absent - Mayor Stack- is, Councilman Tully. Mayor Pro-Tem Brady read the call and stated that service thereof had been duly made and this is THE REGULAR MF,ETING of the City Council called for the purpose of acting upon such business as may properly come before the Meeting. Invoeation was given by Rev. Einck, p.,tor ofSt. Columbkille's Churcb. Communication of Pianning & Zoning Commission submitting minutes of their I meeting of November 16, 1977, pre"nted and read. Councilman Wert,- berger moved' that the minutes be received and filed. Seconded by Coun- eilman Pregler. Carried by the following vot" Ye.,-Mayor Pro-Tem Brady, Council- man Pregler, Wertzber,er. Nays-none. Absent-Mayor Staekis, Coun<:ilman Tully. Communication of Recreation Com- miesion submitting minutes of their meeting of November 11. 1977, pre"nt- cd and read. Councilman Wertzberger moved that tbe mioutes be received aod filed. Seconded by Councilman Pregler. Carried by the folluwing vot" Yeas-Mayor Pro-Tem Brady, Council- man Pregler, WertzbC<"ger. Nays-none. Ah"nt-Mayor Stackis, Councilman Tully. Communication of Dubuque Transit Trustee Board submitting minutes of tbeir meeting of November 17, 1977, pre- sented and read. Couneilman Wertz- berger moved that the minutes be re- eeived and fiied. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Pro-'I'em Brady, Council- man P,'egler, WertzbergeL Nays-none. Absent-Mayor Stackis, Counciiman Tully. Communication of Dubuque Citizens Advisory Commission submitting min- utes of their meeting of November 15, 1977, presented and read. Couneilman Wertzberger moved tbat tbe minntes be 'eceived and filed. Seconded by Council- "n Pregler. Carried by tbe following vote: Yeas-Mayor Pro-Tem Brady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communication of Airport Commis- sion submitting minutes of their meet- ingof November 10, 1977, presented and read. Councilman Wertzberger moved tbat the minutes be received and filed. Secondcd by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Pro-Tem Rrady, Council- man Pregler, Wert,berger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communication of Five Flags Center Building Committee submitting minutes of their meeting of November 22, 1977, presented and read. Councilman Wertz- berger moved tbat tbe minutes be re- ceived and filed. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Pro-Tem Brady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communication of Housing Commis- sion submitting minutes of their meet- ingofNovember 21, presented and read. Councilman Wertzberger movèd that the minutes be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Pro-Tem Brady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communieation of Iowa D.E.Q. sub- mitting a water main extension eon- struction permit to Embassy West, Blocks 1 & 2, presented and read. Coun- cilman Wertzberger moved tbat the communication be received and filed. Seconded by Counciman P,'egler. Car- ried by the following vote: Yeas-Mayor Pro-Tem Brady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Coun<:ilman Tully. Communication of Navy Leagueofthe United States recommending that the road between the Schmitt Memorial Marker and Schmitt Harbor be named Admiral Sbeehy Drive, presented and read. Councilman Wertzberger moved that tbe communication be referred to the City Manager, City Engineer and Ci- ty Attorney. Seconded by Councìlman Pregler. Carried by the following vote: II IIII