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1977 December Council Proceedings 600 Special Session, November 29, 1977 secure Industrial Land for certain local industries and further instructs the City Manager to work with those Parties ne- cessary to reasonably secure same. Se- conded by Councilman Tully. Carried by the following vote: Yeas-Mayor Slackis, Couneilmen 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-Councilmen Brady, Pregler, Tul- ly, Wertzberger. Nays-none. Ahstain-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, Wert,berger. Nays-noue. Leo F. Frommelt City Clerk Approved...................... 1978 Adopted....................... 1978 Council Mcmbers ATTEST: City Clerk Regular Meeting, December 5, 1977 603 CITY COUNCIL OFFICIAL Regular meeting Deccmber 5, 1977. 'Council met at 7:30 P.M. IC.S.T.! Present - Councilmen Beady, Preg- ler, Wert,berger. City Manager Gilbert D. Chavcnelle. Absent - Mayor Stack- is, Councilman Tully. Mayor Pro-Tcm Brady read the call and stated that service thereof had been duly made and this is THE REGULAR MEETING of the City Council called foe the purpose of acting upon such husiness as may properly come before the Meeting. Invocation was given by Rev. Einck, Pastor of St. Columbkillc's Chuech. Communication of Planning & Zoning Commission submitting minutes oftheie meeting of November 16, 1977, peesented and e~ad. Councilman Weetz- becgee moved that the minutcs be received and filed. Seconded hy Coun- cilman Pregler. Caeried by the following vote: Yeas-Mayoe Pro-Tem Beady, Council- man Preglee. Wert,bec¡;ec. Nays-none. Ahsent-Mayoe Stackis. Councilman Tully. Communication of Recreation Com- mission submitting minutes of their meeting of Novembec 14, 1977. present- ed and read. Councilman Weet,berger moved that tbe minot" be received and filed. Secondcd by Councilmae Peegler. Carried by tbe following vote: Yeas-Mayoe Peo-Tem Brady. Council- man Peeglcc. Wert, bee gee. Nays-none. Absent-Mayor Stackis. Councilman Tully. Communication of Dubuque Teansit Teustee Boaed submitting minutes of tbeir meeting of Novemhee 17. 1977, pce- sented and eead. Councilman Weet,- heegee moved tbat the minutes be ee- "ived and filed. Seconded by Council- man Preglee. Caeried by the following vote: Yess-Mayoe Pro-Tem Beady, Council- man Peeglee. Weet,berger. Nays-none. Absent-Mayor Stackis. Councilman Tully. Communication of Dubuque Citi,ens Advisoey Commission suhmittin~ min- utes of tbeie meeting of November 15. 1977. peesented and cead. Councilman Weetzherger moved that the minutes be 'eceived and filed. Seconded by Council- "an Preglee. Cacried by the following vote: Yeas-Mayoe Peo-Tem Beady, Council- man Preglee, Weetzbergee. Nays-none. Absent-Mayoe Stackis, Councilman Tully. Communication of Aieport Commis- sion submitting minutes of tbeie meet- ing of NovemberlO, 1977. presented and read. Couneilman Wert,beeger moved tbat tbe minutes be received and filed. Seconded by Councilman Peeglee. Car- ried by the following vote: Yeas-Mayor Peo-Tem Brady, Couneil- man Peeglee, Wert,berger. Nays-noee. Absent-Mayoe Stackls. Councilman Tully. Communication of Five Flags Center Building Committee submitting minutes of their meeting of November 22, 1977, peesented and eead. Councilman Wert,- berger moved tbat the minutes be re- eeived and filed. Seeonded by Council- man Pre glee. Carried by the following vote: Yeas-Mayoe Peo-Tem Brady, Council- man Peegler, Wert,bergee. Nays-none. Absent-Mayor Stackis. Councilman Tully. Communication of Housing Commis- sion submitting minutes of tbeir meet- ing of Nuvember 21. pcesented and read. Councilman Wert,beeger moved tbat the minutes be received and filed. Sec. onded by Councilman Preglee. Carcied by the following vote: Yeas-Mayor Pro-Tem Brady, CounrÌl- man Peegler. Weetzbergee. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communication of Iowa D.E.Q. sub- mitting a water main extension eon- steuction peemit to Embassy West, Blocks 1 & 2, presented and eead. Coun- cilman Wert,bergee moved tbat tbe communicatien be received and filed. Seconded by Counciman Peeglee. Car- eied by the fell owing vote: Yeas-Mayoe Peo-Tem Beady, Council- man Preglee. Wert,becgee. Nays-none. Absent-Mayoe Stackis, Councilman Tully. Communication of Navy League o!the United States recommending that tbe road between tbe Schmitt Memorial Mackee and Schmitt Harbor be named Admieal Sheehy Drive, peesented and read. Councilman Wectzbeeg'" moved that the communication be eefeered to tbe City Managee, City Engineee and Ci- ty Attorney. Seconded by Councilman Pregler. Carded by the following vote: November 28, 1977 Honorable Mayor and Members of City Council We enclose the annual Affirmative Action Progcam Report as prepared by Matt Lorenz, the Equal Employment Opportunity Officer. We suggest this report be made a "mattee of recoed". It will be used from time to time as a suppoet document for various federal applications and reports. Mr. Lorenz will be present at the council meeting to respond to comments or questions concerning tbis matter. Gilbert D. Chavenelle City Manager Councilman Pregler moved tbat tbe communication and report be eeceived and filed. Seconded by Councilman Wertzberger. Carried by tbe following vote: Yeas-Mayor Pro-Tem Brady, Council- man Pcegler, Wertzberger. Nays-none. Absent-Mayor Stackis. Councilman Tully. Communication of City Manager sub- mitting Water Department Report for mouth of October, 1977, presented and read. Councilman Pregler moved that tbe communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Pro-Tern Brady, Council- man Pregler. Wertzbergee. Nays-none. Absent-Mayor Stackis, Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Receipt of bids for repowering Fire Apparatus, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Council- man Wertzberger. Carded by tbe fol- lowing vote: Yeas-Mayor Pro-Tem Brady, Council- man Peegler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Councilman Pregler moved that the bid of $29,750.00 received from Ameri- can LaFrance be approved. Seconded by Mayor Pro-Tem Brady. Carried by the following vote: Yeas-Mayor Pro-Tem Brady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Proof of Publication. certified to by tbe Publisber, of Notice of Receipt of Bids for Ambulance, presented and read- Councilman Pregler moved that the proof of publication be received and' filed. Seconded by Councilman Wertz- becger. Caeried bytbe following vote: Yeas-Mayoe Peo-Tem Beady, Council- man Peegler, Wertzberger. Nays-none. Absent-Mayoe Stackis, Councilman Tully. Peoof of Publication, ceetified to by ,he Publisher, of List of Receipts and Disbursements for month of October, 1977, presented and read. Councilman Preglee moved tbat the proof of publica- tion be ceceived and filed. Seconded by Councilman Wertz bee gee. Carried by the following vote: Yeas-Mayoe Peo-Tem Brady. Council- man Pregler, Wect,beegee. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communication of James A. S"hwecs submitting his cesignation feom tbe Building Code Boacd of Appeal effective immediately, presented and eead. Coun- cilman Weet,beeger moved that the communication be received and filed and eesignation accepted. Seconded by Ma- yor Peo-Tem Brady. Carded by the fol, lowing vote: Yeas-Mayor Peo-Tem Brady, Council man Pcegler, Wect,berger. Nays-none. Absent-Mayoe Sta"kis, Councilman Tully. Communication of Harold Leitaer et ux ,'equesting the Feeeway be kept out of tuwn. peesented and read. Coun"il- man Weet,berger moved tbat the com- munication be received and filed. Sec- onded by Mayor Peo-Tem Brady. Car- eied by the following vote: Yeas-Mayor Peo-Tem Beady, Council- man Pcegler. Weet,bergee. Nays-none. Absent-May,," Stackis. Councilman Tuily. Communication omuth Nasb et al 119 signecsl endocsing the alternate plan foe impmving transportation as submitted by Riehard Woem, as compared to the City Island Beidge and Freeway 561 plan peoposed by Cbambec of Commc<'ce. pcesented and cead. Councilman Weet,- beegec moved that lbe communication be received and filed. Seconded by May- or Pro-Tem Brady. Caeried by the fol- lowing vote: Yeas-Mayor P,'o-Tem Brady. Council- man Preglec, Weetzberger. Nays-none. Absent-Mayoe Stackis. Councilman Tully. Petition of Equity ofHRW Associates vs. City. decladng Zoning Oedinance No. 32-75 to be unconstitutional: also declac- ing HRW Associates cleac legal rigbt to 604 Re~ular Meeting, December 5, 1977 Regular Meeting, December 5, 1977 605 1]1 Yeas-Mayor Peo-Tem Brady, Council- man Pregler. W ertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communication of Dubuque Metal Trades Council requesting considera- tion of their endorsement and vote in favor of tbe Sixteentb Street site as tbe most logical, presented and read. Council- man Wert,berger moved tbat the com- munication be ceceived and filed. Second- ed by Councilman Pregler. Caeried by the following vote: Yeas-Mayor Peo-Tem Brady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communication of Sacced Heart Churcb expressingtbanks for considera- tion given relative to the installation of traffic lights at 22nd & Windsor and looking forward to early eompletion, presented and read. Councilman Wertz- berger moved tbat the communication be received and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor Pro-Tem Beady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communication of Peoples Natural Gas advising of 1.126' increase applic- able to residential, commercial and rural small volume customers effective De- cember 27, 1977, presented and read. Councilman Wertzberger moved that the communieation be received and filed. Seconded by Councilman Pregler. Car- ried by tbe following vote: Yeas-Mayor Pro-Tern Brady, Council- man Pregler, Wertzbergee. Nays-none. Absent-Mayor Stackis, Councilman Tully. Communications advocating no more than five minutes waiting time of rail- road crossings from Ruan Transport Corp" Mulgcew Oil Co" A. Y. McDonald Mfg. Co. and Dubuque Twine Company, presented and read. Councilman Wertz- berger moved tbat the communication be received and filed and referred to Council. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas-Mayor Pro-Tern Brady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman Tully. impeove; and enjoining City feom taking any action to enforce Ordinance No. 32- 750n Lots3,4 & 5, lof6, 2of6and lof7, Block 21A Key Knolls Sub., presented and eead. Councilman Peeglee moved that the Petition be eefecred to tbe City Solicitoe foe investigation and report. Seconded by Councilman Wertzbeegee. Carried by the following vote: Yeas-Mayor Peo-Tem Beady, Council- man Peegler, Wert,beeger. Nays-none. Absent-Mayor Stackis, Councilman Tully. NotieeofClaim ofRussell Fubeman,in the amount of$315.93. foe car damage in- curred as the result of towing said car by a City hired tow truck from tbe Tail & Ale on October 9, 1977, presented and read. Councilman Pregler moved that the Notice of Claim be cefcceed to tbe Ci- ty Solicitoe for investigation and eeport. Seconded by Councilman Weetzb<irger. Cacded by the following vote: Yeas-Mayoe Peo-Tem Brady, Council- man Peegler, Wertz bee gee. Nays-none. Absent-Mayor Staekis. Councilman Tully. il 11,1 III 1 I1II November 22, 1977 ii' 111111: lilli I ,,'I ','III :'1 '/ II II Honoeabte Mayor and Councilmen Atyoue diceetion we ace transmitting an Oedinanee amending Section 4-109.2 of Oedinance No. 32-75 which p,'ovides foe the inclusion of beauticians, cosme- tologists. and bache" as Peemitted Uses in the OR-l Office Residential District. Daniel Dittemoee Dieeetoe of Community Development Councilman Peeglee moved that tbe communication be ee"eived and filed. Seconded by Mayoe Pro-Tem Beady. Cacried by the following vote: Yeas-Mayor Pro-Tom Beady, Council- man Pregler, W eet,becger. Nays-none. Absent-Mayoe Stackis, Councilman Tully. AN ORDINANCE of the City of Du- buque. Iowa, peoviding tbat the Code of Oedinances, City of Dubuque. Iowa, be amended by cevising Appendix A tbeee- of, a¡'o known as the "Zoning Oedinance and Zoning Map of the City of Dubuque, Iowa" by eepealing Section 4-109.2 theccof, and by enacting a new Section 4-109.2 theeeof, peoviding foe Pcincipal peemitted uses in the OR-! Office Resi- dential Disleid !Beauticians, cosmetolo- gists and barbers), peesented and read. Mayor Pro-Tem Beady moved tbat tbe reading ju,t had be consideeed the ficst ceading of the Ordinance. Seconded by Coun"ilman Preglec. Caeried by tbe II "'1'1 ""liIil 606 Regular Meeting, December 5, 1977 following vote: Councilman Pregler moved tbat tbe Yeas-Mayor Pro-l'em Beady, Council- communication be received and filed and man Pregler. Wert,beeger. recommendation of denial be appeoved. Nays-none. Seconded by Mayor Pro-Tem Beady. Absent-Mayor Stackis, Councilman Carried by tbe following vote: Tully. Yeas-Mayor Peo-Tem Beady, Council- Mayor Pro-Tem Beady movcd tbat tbe man Prcglee, W crt,becgee. eule requicing an Ordinance to be ee- Nays-none. ceived and filed at two meetings prior to Absent-Mayor Staekis, Councilman tbe meeting wben final action is takcn, Tully. be dispensed with. Seconded by Council- Petition ofMaccb ofDimes eequesting man Pecglee. Cacried by the following peemission to conduct theie annual vok Motbcrs Maeeh in Januacy, 1978, pce- Yeas-Mayor Peo-Tcm Beady, Couneil- sented and read. Councilman Wert,ber- man Peeglee, Wert,berger. ger moved that thecequest be appmved Nays-none. subject to final appeovalofthc City Man- Absent-Mayor Stackis, Councilman agee. Seconded by Councilman Peeglee. Tully. Caericd by thcfollowing vote: Mayor Peo-Tem Beady moved tbat a Yeas-Mayor Peo-Tem Brady, Council- public beacing be held on the Ordinance man Pregler, Weetzbeeger. on Januacy 3, 1978 at 7:30 o'clock P.M. in Nays-none. tbe Council Chamber at tbe City Hall Absent-Mayoe Stackis, Councilman and tbat the City Cleek be instructed to Tully. publish notice of the bearing in tbe man- Communication of City Managee sub- nor eequired by law. Seconded by Coun. mitting a ccsolution autbocizing teans- cilman Peegler. Cacried by tbe following fer of funds, presented and eead. Coun- vote: cilman Weet,bccgee moved tbat tbe Yeas-Mayoe Pro-Tom Beady, Council- communication be eeceived and filed. man Peeglee, Wertzbergee. Seconded by Councilman Preglee. Car- Nays-none. ried by tbe following vote: Absent-Mayo>' Stackis. Councilman Yeas-Mayor Pro-Tem Beady, Couneil- 'fully. man Peeglee. Wert,bergec. Honorable Mayor November 21, 1977 Nays-nónc. and Coundlmen Absent-Mayor Stackis. Councilman Tbe City of Dubuque Planning and Tully. Zoning Commission has reviewed the RESOLUTION NO. 483-77 petition of Me. Micbael Weitz request- A Resolution for Approval of the Per- ing expansion of a C-4 General Business manent Transtero! Funds Commeecial Disteict to propeety at 687 WHEREAS. theee is now in the bands muff Steeet and 701 muff Steeet. in the of tbe tceasuree the sum of $30,000 cred- City of Dubuque, Iowa. Tbe propeety. itedtotbeStrcetFund;and whicb is pcesently classified as OR-1 of- WHEREAS, tbere is now in the bands fice-Residential Distcict. is located on of tbe treasueer the sum of $9.000 c"edit- tbe west side of Bluff Street south of its ed to tbe Sanitation Fund: and intersection witb Seventh Steeet. WHEREAS. thece is now in tbe bands In reviewing tbe petition the Commis- of tbe treasueer the sum of $72.000 cred- sion found tbat tbe cunent zoningalong ited totbe Refuse Disposal Fund; and' tbe west side of muff Steeet provides a WHEREAS, tbcce is now in tbe hands transitional 'one between the commer- of tbe treasucer the sum of $69,692 reed- eial uses of the Centeal Business District ited to the Water Depeeciation Fund: and the residential uses to thc west. It and was detecmined tbat recla"ification of WHEREAS. theee is now in the hands the peopeety would inteoduce relatively of tbe teeasucer tbe sum of $288.007 unrestcicted commeecial use into an credited to tbe Pm'kiag Renewal and Im- acea that is planned foe and peesently us- peovement Fund: and cd for bigh-density eesidential and pco- WHEREAS. tbeee is now in the hands fessional office activities. of the terasueee the sum of $150,000 'fbeCommission has voted todeny tbe "credited to the Geneeal Revenue Sbac- petition desreibed above and recom- ingFund:and mends youe concucrence in that deci- WHBREAS, tbere is now in the hands sion. of the teeasueer the sum of $85.000 cred- City Planning ited to the Geneeal Fund Land Sales: and and Zoning Commission WHEREAS. it is desÜ'ed to teansfec DanielDittemore $30.000 fcom thc Steeet Fund to tbe Dierctoe of Street and Teaffic Ligbting Fund to peo- Community Development vide foe inreeased eleeteical costs: and .it~~? ",,--0 -:--.;;~ Regular Meeting, December 5, 1977 607 wm~REAS, it is desiced to transfce $9.000 from the Sanitation Fund to the Teust & Agency Fund to pcovide foe in- reeased bealtb insucance costs: and WHEREAS. it is desiced to transfee $72,000 feom the Refuse Disposal Fund to tbe Teust & Agency Fund to peovide forincceased be.altb insucanee costs: and I WHEREAS, it is desired to transfer $69,692 frum tbe Watee Depreciation Fund to the Watee Geneeal Fund, $36,000 to provide for the Cedac Cross Road water line and $:33,692 to peovide for the Five Flags water line; and WHEREAS. it is desieed to teansfee $150.000 fcom tbe Geneml Revenue Shacing Fund to the Civic Centee Con- steuction Fund to peovide for construc- tion costs; and WHEREAS, it is desieed to teansfee $85,000 from the Genecal Fund Land Sales to the Geneeal Fund to pcovide foe the pueehase of peoperty; and WHEREAS. it is desiced to transfee $288,007 feom tbe Packing Renewal and Improvement Fund to the Iowa Street Parkiag Ramp Consteuction Fund to peovide foe construction costs. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A that said sum of $703,699. as set foeth above, be and tbe same is breeby teansfeeeed feom the Steeet Fund. Sanitation Fund, Refuse Disposal Fund. Watee Deprecia- tion Fund. Geneml Revenue Sharing Fund, Gene",.! Fund Land Sales. and Pm'king Renewal and Improvement Fund to the Street and Traffic I,igbting Fund. Trust and Agency Fund, Watee General Fund. Iowa Steect Packing Ramp Construction Fund, Civie Center Consteuction Fund and Geneeal Fund. and the City Finance Dieectm' is dicect- cd to coreect his bouks accoedingly. Passed, adopted. and appeoved this 5th day o!Dccembec. 1977. James E. n,'ady Mayoe Pro-Tem Richacd W cct,beegee WalterA.Peeglee Councilmen ATTEST: Leo 1". Feommelt City Cicek Councilman Wectzbccger moved adoption of the Resolution. Seconded by Councilman Preglee. Cacried by the fol- lowing vote: Yeas-Mayoe Peo-Tem Brady. Coum,il- man PerKIer. Wect,becgee. Nays-oone. Absent-Mayoe Sta"kis. Councilman Tully. Peoof of Publication. ",.tified to by the Publisbee. of Notice of Prepacation of an Annual Report of Actual Use of General Revenue and Antieeeession Fis- "al Assistance Fonds, presented and read. Councilman Peeglec moved tbat the pcoof of publication be received and filed. Seconded by Mayor Peo-Tem Beady. Canied by the following vote: Yeas-May'," Pco-Tem Brady, Council- man Peeglee, Weet,beeger. Nays-none. Absent-Mayoe Stackis, Councilman Tully. Peoof of Publication, ceetified to by tbe Publishee, of Notice of Heacing to amend tbe cunent budget, peesented and eead. No weitten objections weee fil- ed and no oeal objectors weer pcesent in tbe Council Cham bee at the time set for the hearing. Councilman Pceglec moved that the pmof of publication bc received and filed. Seconded by Mayoe Pro-Tem Beady. Canied by tbe following vote: Yeas-MayDe Pco-Tem Beady, Council- man Peeglee, Weet,beegee. Nays-none. Absent-Mayoe Sta"kis. Councilman Tully. RESOLUTION NO. 484-77 A Resolution Amending the Current Budget for the Fiscal Year Ending June 30, 1978 (as Amended Last on Ju- ly 18,1977.) Be it Resolved by tbe Council ofthe Ci- ty o!Dubuque, Iowa: Section 1. Following notice published Novembee 24.1977, and the public heac- ing held December 5, 1977. the cucrent budget (as perviously amended! is amended as set out berein: Section 2. The casb balances and erv- enue cstimates ace amended as follows: Genecal Fund - New available bal- ance . .. .. $494,967 General Fund - New total cevenue esti- mate ...' .$9.175,252 Other Fedeeal Funds - New available balance . $2.983 Othee Fedeeal Funds - New total ceve- nueestimate . . $1.375,423 Teust & Agency Fund - New available balance . . $27.985 Trust & Agency Fund - New totalreve- nueestimate. .$1,044,495 Watec I"und - New available balance .' .' $,53,378 Water Fund - New total revenue esti- mate. . .$2.251,630 Road Use Fund - New available bal- ance . $348.017 Revenue ShacingFund - New available balance . . $398,410 Public Parking Fund - New available balance. $1116.3991 Section 3. The following "banges Iteansfers of appropeiations between peogeams, and increases in total appeo- 608 Regular Meeting, December 5, 1977 priationsl are beeeby authorized: Community Protection (rom $4.862,101 to $5,019.599. Human Development from $2,385,854 to $2.666,624. Home and Community Environment fcom $11,413,035to $11,828,892. Poliey & Administration from $952.821 to $1,117,731. Passed tbis 5th day of December. 1977. James K Brady Mayor Peo-Tem ATTEST: LeoF.Feommelt City Clerk I bereby certify the above transac- tions to be a teue copy of tbe proceedings of tbe city council and tbe eesolutions passed in tbe above matter. December5,1977 LeoF.Frommelt City Clerk Councilman Pcegler moved adoption of the Resolution. Seconded by Mayoe Pro-Tem Beady. Carried by tbe follow- ingvote: Yeas-Mayor Peo-Tem Brady, Council- man Peeglee, Wert,heeger. Nays-none. Absent-Mayor Stackis, Councilman Tully. December 2, 1977 Honorable Mayor and I Members of City Council - Tbe eegulations governing the use of revenue sbaring funds eequiees that no- tice of the appeoved budget amend- ments be provided the public. 'fbe at- tacbed form will satisfy this require- ment. We request yom approval to pub- lish the notice in tbe Telegn'ph Herald. Gilbert D. Cbavenelle City Manager Councilman Wect,bOl'gee moved that the communication be ceceived and filed and ccquest be appeoved. Seconded by Councilman Pn.glec. CalTied by the fol- lowing vote: Yeas-Mayor Peo-Tem Brady, Council- man Pceglee, Wert,beegee. Nays-none. Absent-Mayoe Stllckis. Councilman Tully. RESOLUTION NO. 485-77 WHEREAS. the City of Dubuque. Iowa had purchased certain coal estate from Holiday Oil Distributing. Inc.; and WHEREAS. Holiday Oil Distribut- ing, Inc. has deliveced Warcanty Deed conveying to tbe City of Dubuque. Iowa the following described real estate: Lot10fLotlofl.ot26;Lot20fLot1 of Lot 26; Lot20fI.ot 26; Lot 25: I.ot 24; and North 15 feet of Lot 23. all in G. R. West Dubuque in the City of Dubuque, Iowa, according to tbe re- corded plats thereof NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. Tbatdelivery ofWarcanty Deed wnveying to tbe City of Dubuque, Iowa the above desccibed eeal estate by Holiday Oil Distributing, Inc. be and tbe same is bereby accepted. Section 2. That the City Clerk be and he is hereby ordeeed and directed to file said Warcanty Deed of recned and to file certified copy of this Resolution in the of- fice of the City Assessoe, Duhuque Coun- ty Treasueee. the Dubuque County Au- ditne and the Dubuque County Record- ee. Passed, adopted, and appeoved this 5th day ofDecember, 1977. James E. Brady MayorPeo-Tem Richard Wm.tzbergee Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Wertzbeeger moved adoption of tbe Resolution. Seconded by Councilman Peegler. Carried by tbe fol- lowinpote: Yeas-Mayor Pro-Tem Beady. Council- man Pceglee. Wectzbeeger. Nays-none. Absent-Mayne Stackis. Councilman Tully. November30, 1977 Honorable Mayoe and Councilmen Tbe City of Dubuque Planning and Zoning Commission has eeviewed the final plat of "Peairie Heights" Subdivi- sion. The development plan for the 42 lot subdivision is shown on the attached map. The peopeety wbicb was voluntae- ily annexed to the City in 1977 is located on tbe west side of Roosevelt Roád east of the Stone Hill Community propeety in the City ofDubuque, Iowa. In eeviewing the final plat of "Peaicie Heights" Subdivision, the City Planning and Zoning Commission bas found it to be in eonfoemance witb the preliminacy plat of tbe area and in compliance with the Zoning Oedinance and Subdivision eegulations of tbe City of Dubuque, Iowa. The Planning and Zoning Commission has appwved tbe final plat of "Peaicie Heights" Subdivision and ,'ecommends youe favoeable consideration. City Planaing and Zoniag Commission Daniel Dittemoce Dicectoe of Community Development c~..",,=. Regular Meeting, December 5, 1977 609 Councilman Wertzberger moved that the communication be received and filed. Seeonded by Councilman Pregler. Car- ried by tbe following vote: Yeas-Mayor Pro-Tem Brady, Council- man Pregler, Wertzberger. Nays-none. Absent-Mayor Stackis, Councilman :rully. RESOLUTION NO- 488.77 Resolution Approving the Plst of Pral. rle Heights Subdivision In the City 01 Dubuqua, Dubuque County,lowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as PRAIRIE HEIGHTS SUBDIVISION IN THE CITY OF DU- BUQUE, IOWA, by: A & HDEVELOP- MENT CO.. INC.. an Iowa Incorpora- I tion,Owner,subjecttoeasementsofrec-1 ord and according to the reeorded plats thereof of all of Lot 20ft he NE'I. of the SE'!. of Section 12, Township 89 North. Range 2 East of the 5th P.M., and all of Lot 1 of 1 of 2 011 oflof20fl 017 ofPeil's Subdivision in tbe City of Dubuque, Du- buque County, Iowa.; and WHEREAS, upon said plat appear streets to be known as Amelia Drive. Amelia Circle, Wake Robin Circle, and Sun Flower Circle. together with certain public utility easements which the Own- ers, by said plat, have dedicated to the publie forever; and WHEREAS, said plat has been ex- amined by the City Planning & Zoning Commission and had its approval en- dorsed thereon; and WHEREAS, said plst has been ex- amined by the City Couneil and they find I that the same conforms to statutes and ordinances relating thereto. except that street grades have not been established, tbe streets brought to grade, oe 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 Amelia Drive, Amelia Circle, Wake Rob- in Circle, and Sun Flower Circle, togeth- er with easements for public utilities as the same appear upon said plat, be and the same are bereby accepted; Section 2. That the plat of PRAIRIE HEIGHTS SUBDIVISION IN THE CI- TY OF DUBUQUE, IOWA, be and tbe same is hereby approved and the Mayor and City Clerk are hereby authorized and direeted to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said proper- ty herein named, exeeute their written aeceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Amelia Drive, Amelia Circle, Wake Rob- in Circle, and Sun Flower Circle with bituminous concrete, or with concrete paving with integral curb. all in accordance with City of Dubuque standard specifica- tions. b. To install sanitary sewer mains and sewer service laterals in ae- cordance with plans submitted with the plat; c. To install water mains and water service laterals in aceordance witb plans submitted with the plat; d. To install storm sewers and cateh- basins in accordance with plans submitted with the plat; e. To install eon crete sidewalks as requiced by Ordinances, and wheee dicected by the City Engi- neer and the City Manager; f. To construct all improvements in compliance with any and all appli- cable City of Dubuque Specifica- tions and as approved by the City Engineer; g. To maintain the foregoing im- provements for a period of four (41 years from the date oftheir accep- tance by the City of Dubuque, Iowa; h- To provide tbe foregoing con- struction and maintenance at the sole expense of the Developer and Subdivider. A & H Development Co.. Inc.. an Iowa Corporation, as Ownec; i. To construct said improvements, including sidewalks, prior to No- vember, 1980. j. ToinstallinaccoedaneewithCity Specifications, boulevard street lighting within 30 days after the eompletion of the adjaeent curb and gutter within any particulac section of the proposed Subdivi- sion; and further provided that said A & H De- velopment Co., Inc.. an Iowa Corpora- tion, as Owner of said Subdivision, se- cure the performance of tbe foregoing conditions by providing security in such form and witb sucb sureties as may be acceptable tothe City Manager. Section 3. That in tbe event A & H Development Co.. Inc.. an Iowa Corpora- tion, as Owner of said Subdivision shall fail to execute the acceptance and fur- nish tbe security provided for in Section 2 heeeof, within 45 days after the date of this Resolution, the provisions bereof shall be null and void and tbe acceptance ofthe dedication and approval ofthe plat shall not be effective. --'--- 610 Regular Meeting, December 5, 1977 Regular Meeting, December 5, 1977 611 Passed. adopted, and approved by unanimous roll call. this 5th day of Deeemher, A.D.. 1977. James E. Brady Mayoe Pro-Tem Richacd Wertzberger Walter A. Preglec Councilmen ATTEST: Leo F. Feommelt City Clerk ACCEPTANCE OF BESOLUTION NO. 48S.77 We, tbe undersigned A & H Develop- ment Co., Inc.. an Iowa Corporation, by Richard W. Anthony. Peesident, and Howacd Higley, Secretacy baving cead the terms and conditions of tbe forego- ing Resolution No. 486-77 and being fam- iliar with the conditions theeeof. hereby accept tbe same and ageee to pedoem the conditions cequired thecein. Dated at Dubuque, Iowa, this 28th day ofDeeemher.1977. A & H Development Co.. Inc.. an Iowa Coeporation BY: Riehacd W. Anthony, Pcesident AND Howard Higley, Seccetacy TO: LeoF.Feommelt, City Clerk This is 10 ,'('d.iI'y that II", ,,'euritv pro vided by th(' foe('going HESOLUTION NO. 48t;-77 has been furnislu.d by the Own',"s. Gilbeet D. Cbavenelle, City Manager Councilman Wect,beeger moved adoption of tbe Hesolution. Seconded by Councilman PcegleL Canied by the fol- lowing vote: Yeas-Mayor Pen-Tern Brady. Council. man Preglee. Wert,heegee. Nays-none. Absent-Mayoe Stackis. Councilman Tully. Mayor Pro-Tem Beady moved that the Planning & Zoning Commission check that the Stonehill Stccet alignment is made to conform with Praieie Heights pial. Seconded hy Councilman Wect,- beeger. Carried by the following vote: Yeas-Mayoe Peo-Tem Beady. Council- man Peeglee, Weetzbecgec. Nays-none. Absent-Mayoe Staekis, Councilman Tully. BESOLUTION NO. 487-77 BE IT RESOLVED by the City Coun- cil of tbe City of Dubuque. Iowa, tbat the following having complied with tbe peo- visions of Law relating to the saleofCig- arettes within the City of Dubuque, Iowa, be granted to permit to sell Cig- arettes and Cigarette Papees within said City. Bacbara J. Richman - 2401 Windsor Ave. Passed, adopted, and appeoved this 5tb day ofDeeember.1977. James E. Brady Mayoe Pro-Tem Richacd Wertzbecgee Walter A. Pcegler Councilmen Councilman Preglee moved adoption of tbe Resolution. Seconded hy Mayoe Peo-Tem Beady. Caccied by the follow- ing vote: Yeas-Mayoe Peo-Tem Brady,Council- man.Peeglec, Weet,becger. Nays-none. Absent-Mayoe Stack is, Councilman Tully. RESOLUTION NO. 489-77 WHEREAS, applications foe Liquor [,ieenses weco filed by the within named applicants and they have eeceived the approval oftbis Council. and WHEREAS, the pcemises to be oe- eupied by sucb applicants were inspect- ed and found to comply witb the State Law and all City Oedinances relevaat theeeto and tbey have filed pcopee bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Duhuque. Iowa, that tbe Managee be authorized to cause to he issued to the following named applicants a Liquor [,i- eense. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Benevolent & Peotective Ordee of Elks #297 - 2699 John F. Kennedy Road. CLASS "C" (COMMERCIAL) BEEB AND LIQUOR LICENSE B,,'haea J. Richman - 2401 Windsoe Ave. David J. Wettee and Josepb N. Mc- Ginnis IAIso Sunday Sales) - 951 Main St. Evelyn A. Anderson 2417 Rbombeeg Ave. Julia Nell Clark - 1322 Central Ave. Steven T. Schnee - 1902 Centeal Ave. Pa"ed, adopted. and appeoved tbis 5tb day of Decembec, 1977. James K Beady Mayor Peo-Tem Ricbard Wert,berger Walter A. Preglee Couneilmen ATTEST: LeoF.Frommelt City Cleek Councilman Pre glee moved adoption of tbe Resolution. Seconded by Mayoe Pro-Tem Brady. Caeried by the follow- ingvote: Yeas-Mayoe Pro-Tem Brady. Council- man Peeglee, Weet,bccger. Nays-nune. Absent-Mayor Staekis, Councilman Tully. .RESOLUTION NO. 488-77 WHEREAS. applications foe Liquor Licenses bave heen submitted to this Council foe 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 ap- plications be appeoved and licenses is- sued upon the complian<:e with the provi- sions of Chapt". 131. Acts of the Fiest Regular Session. 64th Genecal Assem- bly. CLASS "A" (CLUB) BEEB AND LlQUOB LICENSE Benevolent & Peotective Oedec of Elks #297 - 2699 John F. Kennedy Road. CLASS "C" (COMMERCIAL) BEEB AND LIQUOR LICENSE Barbaca .J. Richman - 2401 Windsor Ave. David .J. Wettec and Josepb N. Mc- Ginnis IAlso Sunday Salesl- - 951 Main St. Evelyn A. Andeeson - 2417 Rhom- heeg Ave. Julia Nell Clack - 1322 Central Ave. Steven T. Schnee - 1902 Centeal Ave. Passed, adopted. and appeoved Ibis 5th day ofDeeember, 1977. James E. Brady Mayoe Pro-Tem Richard Wcct,heeger Walter A. Peeglec Councilmen ATTEST: Leo F. Frommelt City Cleek Councilman Peeglee moved adoption of the Resolution. Seconded by Mayoe Peo-Tem Brady. Canied hy tbe follow- ing vote: Yeas-Mayoe Peo-Tem B,'ady. Council- man P,'egler. Wect,beeger. Nays-none. Absent-Mayoe Stackis. Councilman Tully. M'L Don Deicb addcc.ssed the Council being of the opinion tbat the 1972 Feee- way Hepoct is not valid. Mr. Geoege [,ippec eead a pccpaced ATTEST: Leo F. Frommelt City Clerk statement which cead in part thccc is nothing mutually exclusive .about the euntinuing the public information pro- cess even while DOT continucs the de- velopment of a design and urging to move abead to the next puhlie heacing stage and in the informal proeess of in- forming the citizemy. Councilman Pceglee moved that the complete statement, as suhmitted by Geoege Lippec, he received and filed and made a matter of cccoed. Seconded by Mayor Peo-1'em Beady. Cacried hy tbe following vote: Yeas-Mayoe Pen-Tem Brady, Council- man Peeglee, Weet,bergee. Nays-none. Absent-Mayoe Staekis, Councilman Tully. There being no fucther husiness Coun- cilman Weet,berger moved to adjourn. Seconded by Councilman peegler. Car- ried by the following vote: Yeas-Mayor Pro-Tem Beady, Council- man Preglee, Weet,bergee. Nays-none. Absent-Mayoe Stackis, Councilman Tully. Approved.... Adopted. 2417 ATTEST, City Cicek Leo F. Frommelt City Cleek ..... 1978 . 1978 Council Membecs -- 612 Special Session, December 19, 1977 Special Session, December 19, 1977 613 CITY COUNCIL OFFICIAL Special Session, December 19, 1977. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Stackis, Councilmen Brady, Peegler, Tully, Wertzberger. Ci- ty Manager Gilbeet D. Chavenelle. Mayor Stackis read tbe call and stated that service thereof had been duly made and this Meeting is called foe the pur- pose of CONDUCTING A PUBLIC HEARING ONV ARIOUS ZONING OR- DINANCES and acting upon sucb otbee business as may peopec\y come befoee a Regular Meeting of tbe Council. Councilman Wert,berger moved to suspend the rules to let anyone peesent address tbe Council if they so desire. Seconded by Councilman Preglee. Car- ried by the following vote: Yeas-Mayoe Stackis, Councilmen Beady, Peegler, Tully. Wert,bergee. Nays-none. Public Works Director Frank Mucray presented six pcoposals as submitted by the State DOT for feeeway and bridge. Stated tbat Alternates #1, #2 and #3 would eequire acquisition of tbe Klauee Plant; City is requesting Alternates #2 and #5 be given sedous consideeation by tbe State. The following addressed the Council representing "PEOPLE". John Petrakis, 1840 Lincoln Ave., questioned "To get bridge, must we have freeway?"; How about geound rules: Calling for a referendum. Russell Nash. 596 W. 11th St" oppos- ing elevated Freeway project; Public has not been consulted: Using scare tac- tics; Requesting to postpone decision for one week. John Hall, 985 Kane St., wondered why maintain a structure overhead; Need Freeway at street level: How must cost to taxpayer? Dc. Robert G. Vernon, 120 Hill St., was of tbe opinion we need a bridge; Council should set aside a 30 or 60 day period to study alternate plans. Arthur Stanley, 1212 Locust St" spoke to the Environmental aspect; Would be displacing families and busi- nesses; Not adequately investigated; In- vestigate belt line highway; Request to postpone action until viable plans be ex- amined; If ignoeed, go to referendum. Sr. Hennessey OSF, 3390 Windsor Ave" stated more oposed than in favor of freeway; New City Council should de- cide. Ricbard Worm, 3555 Hillcrest Rd" re- ported 5 years ago it was recommended to sound out on peoposal, but has never happened; Need more citizen input; Michael Blouin says All or Nothing idea is not bought by them. Rutb Scharnau, 1810 N. Grandview Ave" presented petitions containing 2495 signatuees; asked Council to cbeck lost tax base; Will produce lack of em- ployment; Can not vision freeway. Paul Seippel was not against teans- portation or bridge; Requesting to let community vote on it. Charles J. Murphy stated Concept of freeway is lunacy; Requested to get new plan now; Me. Humphrey of DOT wants to work with us; In public interest, ee- questing No Action be taken tonight; No reason for quick action. Following inteeested citizens also spoke as being opposed: Myles Conway. 116 W. 13th St., eead a letter written by Frank Miller in the Des Moines Register on Macch 14, 1977: Felt quality of life here can improve. Richard Vorwald, Nortb End, membee of Advisoey Commission, stat- ed we need bridge; also need connections to bridge and also need a railroad bridge. Jim Gruber, 2856 Beueck Road, re- quested a West By-pass; connect John Deere traffic dieectly to bridge: Diveet traffie around Dubuque. Don Deich, Chairman of Citizens Ad- visory Commission, stated they wanted to bold advisory meetings; People ace not fully informed: Infocmation not available to them; Received basic in- formation only; Weee told bddge and freeway are insepaeable; Councilman Beady asked if this idea is in writing; Asking Council to vote well. Glen Kamee was in favor of bettee transportation and bridge is needed; Elevated freeway OK: Requesting to not remove faetodcs. Mrs. Harold Bechen, 237 E. 27th St., like living in her comfortable home; Peo- ple do not want freeway; Requesting to decide theie fate. Al Polsean, outside City limits, re- quested Council to look at mess on Ken- nedy Road. Gary Germaine of 526 W. 2nd St., Dav- enport, Iowa, a former citizen, objected to elevation; Requested tbere should be more alternatives. The following addressed the Council as being in favor of tbe bridge and free- way: Pat Dillon, 3250 Blasen Dr"represent- ingUA W Local 94, stated that Local is in favor of new bridge and freeway; allocat- ed 4 million for this Bridge; Presented a petition containing 2094 signatures; Re- quested a decision is needed tonigbt; Justice delayed is justice denied. Art Hansen, representing A. Y. Mc- Donald Mfg. Co" stated Machinist's Union was represented; McDonald's will bene a heavy financial burden; Interest in Community must ovecride their own interest; Asking Council to vote "Yes" or "No" on issue if this is their firm belief: To vote "No" would put industry in an untolerable position. Max Smith, Chamber of Commerce, bas envisions of a new bridge and free- way; Iowa, Illinois and Wisconsin will share in cost of bridge; Time is Now. Cliff Less, representing Dubuque Packing Company, was of the opinion tbat we need a bridge on 16th Street; To move would set it back five years. David Zalinski of Dubuque Metropol- itan Area Transportation System stat- ed accesses would be provided at 4th Street; 9th & 10th Streets and Dodge Street and Kerper Blvd. Diane Gallagher, 2114 Rhomberg, representing League of Women Voters requested action be now. David Hopley, 390 Moore Heights, representing John Deere, requested to urge positive action on Freeway and Bridge; John Deere employs 7700; 60% come Wisconsin and Illinois; 175 truck- loads to througb City each day; Urge recommendation of City Planner and Department of Transportation. Daryl A. Barklow, 1410 Hiawatha Drive, East Dubuque, Ill., Chairman of Advisory Committee of DMA TS stated bridge and freeway are definitely need- ed. Paul Gisch, 235 Fremont Ave., repee- senting Dubuque Area Industrial De- velopment Corp. spoke as being in favor of bridge and freeway- Frank Bertsch, representing Flex- steel Industries, stated deeailing pro- ject at this point would be at a great risk; 60 semi-trailer tractors and '10 em- ployees come from outside City; Couler Valley could possibly destroy a neigh- borbood; Should go quickly into design stage; Not risk losing it all. Ed Rosenow of Dubuque Building Trades Council, spoke as being in favor of bridge and freeway. Dean Sbantz, 545 St. George Street, urged completion of Bridge and Free- way. Thomas Graham, Chairman of Down- town Merchants Ass'n. gave support of bridge and freeway. Helen Mercer, of Dubuque Co~nty Historical Society, stated recognizes need foe another bridge and freeway; Opposed to an elevated freeway; Would endorse ground level expressway. George Lipper, East Dubuque, Illi- nois, read a statement expressing sup- port of bridge and freeway. Allan Thoms of Department of Trans- portation, stated tbey have gone back to plan of 1972; D.O.T. would like to get on witb process; Do have a funding cds- is: North East fowa could get 75% fund- ing; This is still top priority with D.O.T- John Walsh, 555 W. 11th Street, was of opinion that decision must be made now. Cbester Solomon stated fewest com- plications on present plan. Gary Berg, 2528 Stafford, represent- ing Dubuque Jaycees, urged approval and stop fuether delay. Communication of Earl G. Thompson urging the Council to accept the propos- als submitted at this time relative to bridge and highway facilities, present- ed and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Beady, Pregler, Tully,Wertzberger. Nays-none. Communication of Charles J. Murphy requesting the following named citi,ens be heard at the meeting: John Petrakis, Mrs. Rutb Nash, John Hall, Kennetb Herbst, Dc. Robert G. Vecnon, Frank Licciardi, Acthur K. Stanley, William F. Thill, Se. Dorothy Marie Hennessey O.S.F_, Ricbacd Worm, Charles J. Murphy; Communication of Pat Dillon, President Local 94 UA W eequesting ac- ceptance of petition in favor on con- structing a bridge at 16tb Street and re- questing to be heard (Peesented peti- tions containing 2094 names); Petition of Dr- William B. Gould et al 117 signers) requesting that no action be taken on the bridge and freeway proposal until citizens have been afforded ample op- poetunity to make a well considered judgment; Also petition of Joedon Dabm et al 114 signers), Sr. Renee Nan- neman et al (15 signers!; Communica- -tion of Richard Worm, President of En- vironmental Cooedinating Organization requesting to speak to tbe issue on the latest Freeway alternatives: Communi- cation of Chamber of Commerce re- questing time to speak regacding the is- sue of selecting an alternate of Freeway 561; Communication of Dubuque Coun- ty Historical Society indicating a con- cern about the profound impact of an elevated feeeway through Downtown Dubuque and favor an expressway at ground level as majority of Dubuquers agree; Communication of W. F. Thill re- questing tbat he be allowed to address the Council relative to the proposed nortb-south freeway; Communication of 2nd Area UA W-CAP Council endorsing the City Island Bridge concept in the -- I I 614 Special Session, December 19, 1977 City: Communication and Petition (52 signers) submitted by Rutb Sehacnau endorsing the alternate plan for im- proving tbe transportation of Dubuque as proposed by Richard Worm: commu-I nication of Citizens Advisory Commis- sion in support of the Dubuque-Wiscon- ' sin Bridge, but tbe Commission is not in support of an elevated freeway but does not peeclude a ground level Free- way: Communication of D.O.T. serving the official transmission to the City the six altecnative feeeway peoposals dis- cussed at the Council Meeting of No- vember 14, 1977, also stating tbat maps covering the alternatives were present- ed at the same meeting: Communication of Cbester Solomon being in favor of presently proposed plan by D.O.would best serve the needs of the City: Com- munication of Al Weitz being of the opi- nion the 520 Bridge into Illinois is geeat compromise: Communication of Sacred Heart Church Board of Education re- questing a "No" to vote on proposed ~i::~~~ ~r fo~:e~~::eI6'u\;:~~~:0~:; I urging positive action on the bridge and freeway programs; Communication of T. Paul Milbrandt in favor of the 16th Street Bridge and elevated approach and further being concerned at the cec- ommendation submitted by the Advis- ory Commission in whicb way their rec- ommendation was arrived at: Communi- cation of A. Y. McDonald Co. submit- ting name of Artbur H. Hansen, as speaker eelative to Freeway Bridge de- cision: Communication of Flexsteel In- dustries urging a favorable vote on moving the Freeway Project forward to the design stage without delay: Com- munication of League of Women Voters in support of locating the new bridge at 16th Street and endorsing tbe freeway Þ~~~~:eltC~~~u~~~~:el~fln~:~~ri~i I urging approval of 561 Freeway and the Bridge proposal: Communication of Up- bolsterer's Union urging a favorable vote: Communication of Kennedy Mall Ass'n. ueging a favorable vote, were presented. Following petitions were peesented and read: Prepared statement by Charles J. Murphy requesting no action be taken at this time: Kennedy Mall Ass'n. urg- ing a favorable vote to the staff recom- mendation on the exact corridor design of the Freeway Bridge: Chester Solo- mon indicating concern by the irrespon- sible acguments of some of the oppon- ents to the feeeway and bridge: Actbur Stanley seeing a discegard for people and their environment as tbe result of the proposed feeeway: Daryl D. Bark- low, as Chairman of Citizens Advisory Committee of DMA TS indicating tbat a delay would be costly as to dollars, jeo- pardizing jobs etc., and the committee did not feel they had the tecbnical capa- bility to make a decision on which alter- native should be selected on the free- way: Dubuque Area Industeial Develop- ment Cocp. by P. J. Gisch, Peesident, renewing their request to activate plans to speed up construction of a free- way and bridge: Dean A. Schantz trust- ing a bridge and freeway location and design to City Planning Staff & Iowa D.O.T.: George A. Lipper being oppos- ed to the slow down and look attitude advising tbat those that bave tbe purse strings cannot, will not and sbould not misspend public funds in a manner without requiring us to have a plan: Du- buque Area Chamber of Commecce ad- vising that the time is now and let us take advantage of what is available and get on witb whatevee is neeessacy for a freeway and bridge design. Councilman Pregler moved tbat all communications, Statements and Petitions be received and filed," Seconded by Councilman Wert,berger. Carried by the following vote: Yeas-Mayoe Slackis, Councilmen Brady, preglcr, Tully,Wertzberger. Nays-none. Councilman Pregler moved that all dis- cussion be closed. Seconded by Council- man Tully. Cacried by the followin~ vote: Yeas-Mayoe Stackis, Councilmen Beady, Peegler, Tully, Wertzberger. Nays-none. December 14, 1977 Honorable Mayor and City Council You have requested the opportunity to review the November 17 letter of the 10wa Department of Transportation as well as the six alternate freeway con- cepts at your meeting of Decembee 19, 1977. In response to tbis request, I bave attached the staff repoet and evaluation of tbe various alternative freeway con- cepts, together with a proposed Resolu' tion to addeess the issues raised by tbe Iowa Department of Transportation re- quest. We look foeward to discussing these matters with you. Gilbert D. Cbavenelle City Manager Councilman Wertzbergee moved tbat the communication be eeeeived and filed. Seconded by Councilman Peegler. Car- ded by tbe following vote: ~~,. Special Session, December 19, 1977 615 Yeas-Mayor Stackis, Councilmen Brady, Pregler, Weetzbeeger. Nays-none. Abstain-Councilman Tully. RESOLUTION 490-77 A Besolution Selecting a Preferred Concept for Proposed Freeway 561 in the City of Dubuque, Iowa, and Be- questing the Iowa Department of Transportation to Prepare an Environ. mental Assessment Thereof WHEREAS, the Iowa Depactment of Transportation, pursuant to project agreement and requirements of tbe Du- huque Metropolitan Area Teansporta- tion Study peocess, has prepaced a se- des of altecnate design concepts for a proposed Feeeway 561 in tbe City of Dubuque, Iowa: and WHEREAS, the Iowa Depactment of Teansportation has requested, by its letter of November 17, 1977, tbat the City Council of tbe City of Dubuque, Iowa, select a concept or concepts as peeferred designs foe said Freeway 561, to peemit an Environmental Assess- ment of said preferred concepts to be co~~~~k~~, tbe Iowa Depactment of I Transportation bas requested that the City Council of the City of Dubuque, Iowa, acknowledge its acceptance of the concept of a freeway facility to provide a' permanent solution to the traffic needs arising feom construction of a proposed City Island-Mississippi Rivee bridge, in order that the dcsign and consteuction of said bridge may be ad- vanced. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1- That tbe City Council of the City of Dubuque, Iowa, does heceby acknowledge its acceptance of tbe con- cept of a feeeway facility to provide an acceptable means of teamc seevice to a proposed City Island Bddge and does further eequest tbe Iowa Department of Transportation to pursue the design and construction of said City Island Bridge as a critical need to tbe teans- portation development and economic vi- tality of tbe Dubuque tri-state area. Section 2. That the City Council of tbe City of Dubuque, Iowa, does bereby identify proposed freeway design alter- nates No.2 and No.5 as heretofore transmitted by the Iowa Department of Teanspoetation on November 17, 1977, as its peefecred alternate concepts for furtbee evaluation in an envieonmental assessment and design peocess. Section 3. That the staff report eela- tive to the selection of said peeferred alternate concepts, dated December 14, 1977, be transmitted to the Iowa De- partment of Teansportation in furtber support of the selection herein made. Passed, adopted, and approved tbis 19th dayofDecember, 1977. EmilStackis Mayoe Thomas A. Tully Jr. Richard W ertzberger Walter A. Peegler Councilmen ATTEST: LeoF.Frommelt City Clerk Councilman Wertzberger moved adoption of the Resolution and recom- mended Alternatives #2 and #5 be con- sideced foe furthee planning. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Preg- ler, Tully. Wertzberger. Nays-Councilman Brady. Council recessed at 10:45 P.M. Reconvened in eegular session at 10:55 P.M. Communication of Dubuque Five Flags Center Commission submitting minutes of theie meeting of December 6, 1977, presented and read. Council- man Tully moved tbat the minutes be received and filed. Seconded by Coun- cilman Pregler. Carded by tbe follow- ingvote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzbergec. Nays-none. Communication of Community Devel- opment Commission submitting minu- tes of their meeting of November 29. 1977, presented and eead. Councilman Tully moved that tbe minutes be receiv- ed and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pre glee, Tully, Wertzbergee. Nays-none. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of Novembee 29, 1977, peesented and read. Councilman Tully moved that the minutes be eeceived and filed. Seconded by Councilman Peegler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Weetzbeeger. Nays-none. Communication of Planning and Zon- ing Commission submitting minutes of theie meeting of December 7, 1977, pre- sented and eead. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Peegler. Carried by tbe following vote: -~- 616 Special Session, December 19, 1977 Special Session, December 19, 1977 6]7 by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Peegler, Tully, Wertzberger. Nays-none. Notice of Appeal by Iowa-Nortbwest- ern Development Co. of the action tak- en by the City Council on November 21, 1977 wheccby plat of Block 7 of Acboe Oaks Sub. was denied, presented and eead. Councilman Tully moved that the Notice of Appeal be ceceived and filed and eefeered to the City Attorney. Sec- onded by Councilman Wertzbeegee. Carried by the following vote: Yeas.Mayoe Slaekis, Councilmen Brady, Pregler, Tully, Wert,bergee. Nays-none. Yeas-Mayor Stackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Iowa D.E.Q. sub- mitting Treatment Facility Inspection Report dated October 24 to 27, 1977, presented and read. Councilman Tully moved that the communication be re- ceived and filed and referred to City Manager and Engineering Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. November30,1977 To tbe Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400, Code of Iowa 1977, the Civil Service Commissiou conducted ELECTRICAL INSPECTOR 1 exami- nationsonNovember29,1977. The following named applicant pass- ed the written examination and is here- by certified for appointment. Zaszczurynski, Leon - 73.5% Tests for Heating Inspector 1 were also condueted on November 29, 1977, but none of tbe applicants attained the required passing gradeof70%. Frieda Luther Richard Zimmer Civil Service Commissioners ATTEST: Leo Frommelt City Clerk Subscribed and sworn to before me this 14thdayofDecember,1977. Louise M. Ford Notary Public Councilman Tully moved tbat tbe communication be received and filed and made matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, "regIer, Tully, Wertzberger. Nays-none. Proof of Publication, certified to by the publisber, on Notice of Amending the Current Budget known as tbe Reve- nue Sharing Act, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Staekls, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Communication of Walter A. Pregler submitting his resignation from the County Temporary Land Use Planning Commission, presented and read. Coun- cilman Tully moved tbat the resigna- tion be received with regret. Seconded December 8,1977 Honorable Mayor & City Council The Ritz Lounge of 2126 Central Avenue is operated by one William Lammer who is the permit bolder of said establishment. On or about October 21, 1977, Mr. Lammer entered a plea of guilty to tbe charge of violating the State liquor laws and the ordinances of the City of Dubu- que, Iowa as relate to the after bour service and/or consumption of intoxicat- ing beverages in said establishment by said permit holder. Said permit holder entered a plea of guilty to the cbarge and judgment was entered. Accordingly, upon the request- ed advice of the Chief of Police of the City of Dubuque, Iowa, it is requested that you fix a time aud place of hearing on the matter of suspension and/or re- voeation of the beer permit and/or Li- quor license of the permittee in said matter to wbich he has pleaded guilty. Specification of Violations is included in the Notice of Hearing, a copy of which is hereto attached- Therefore the undersigned respect- fully requests your bonorable body to fix a time and place of hearing on tbe matter of the suspension and/or'revoca- tion of the beee and/or liquoe pecmit of William Lammec, d/b/a The Rit, Lounge. Honocàble Mayoe & City Council Subrogation notice of claim against the City of Dubuque was filed by Amee- ican Interinsurance Excbange of Des Moines, Iowa on January 6, 1977. on be- half of their insured, Karl A. Kane. and claiming damages against the City in tbe total amount of $881.54 and alleging said damages were to Mr. Kane's 1974 Open Road Motoe Home as the eesult of striking a City fire bydcant while at- tempting to park said vehicle on the 29tb day of October, 1976. This matter was refecced to the ap- peopciate City agency foe investigation, and this office bas been infoemed that tbere is no liability oc negligence on the partoftbeCity. In view of tbe focegoing, it is the rec- ommendation of tbe City Attorney that tbe subrogation claim of American In- teeinsurance Exchange conceming Kacl A. Kane be denied. Copy of said sub- rogation notice is returned becewitb. R.N. Russo City Attorney Councilman Tully moved that the communication be ceeeived and filed. Seconded by Councilman Werteberger. Caccied by tbe following vote: Yeas-Mayor Slaekis, Councilmen Brady, Pregler, Tully, Weetzbeegee. Nays.~one. GilbertD. Chavenelle, City Manager Councilman Tully moved that the communication be received and filed and Public Hearing be held on January 16, 1978 at 7:30 o'clock P.M. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Report submitted by tbe group of Re- altors headed by Eric Schulz entitled "Pursue Study of Present Revitaliza- tion Projects upon cbange of Titles" and "Inspection by Members of the City of Typical Not Exceptions of Examples of Revitalization" all relative to pee-sale inspections and Code Study, presented and read. Councilman Tully moved that the report be received and filed. Sec- onded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Slackls, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Deccmber 13, 1977 Honocable Mayor & City Council reo Cbarles J. Richardson vs. CityofDubuque On February 8, 1977, notice of claim for pecsonal injuries was filed by coun- sel on bebalf of Chacles J. Richardson of 2300 Queen Street, Dubuque, Iowa. Said notice alleged that the claimant re- ceived pecsonal injuries as a ,'esult of a fall on a public sidewalk on l'ebeuacy 7, 1977, at 23tJ! Windsoe Avenue and al- leged an accumulation of ice and snow at said point. Claimant stated loss of eamings in the amount of $906.12 and that he in- curred medical expenses of $214.95. Claimant further stated that he would seek eompensation in the amount of $10,000.00 considecing his injuries and loss of earning capacity. This matter was eefecced to the City Attorney who has made an investiga- tion of same and has confecced witb claimant's attomey, and claimant bas made an offee of settlement of $750.00 as full settlement of wbich $500.00 will be contributed by thc insurance carrier for the abutting property owner and $250.00 to bc contributed by the City of Dubuque, Iowa. It is tbe recommcnda- tion of the City Attorney that said offer of settlement be accepted and that the City Auditoe be insteucted to draw war- rant payable to Charles J. Richardson in the amount of $250.00 and transmit same to tbe City Attomey for delivery upon re,'eipl of rek","" Oeiginal noli,'e i, ,'du"nen herewith. R.N.Russo City Attorney Councilman Tully moved that tbe communication be eeceived and filed and recommendation of settlement be appeoved. Seconded by Councilman Wertzbergec. Carried by tbe following vote: Yeas-Mayoe Slackis, Councilmen Brady, Pregler, Tully, Weetzbeeger. Nays-none. Notice of Suit by Telepeompter pcay- ing for a weit of certioraci commanding tbe defendants to cedify to the Court a complete tcanscript of all records and proceedings relating to mattee com- plained of in the petition relative to ae- tion taken by the Human Rights Com- mission, presented and cead. Council- man Tully moved that the Notice of Suit be referred to the City Attorney for investigation and report. Seconded by Councilman Wert,beeger. Caccied by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-none. Notice of Claim of Lynn E. Lampe, in tbe appeox. amount of $125" for truck damage ineoered as the eesult of being struck by the blade of a snow plow on December 8, 1977 at 1035 W. 3rd St" peesented and read. Councilman Tully moved that the Notice of Claim be ee. ferccd to tbe City Attomey for investi- gation and eeport. Seconded by Council- man Weetzberger. Caeried by the fol- lowing vote: Yeas-Mayoe Staekis, Councilmen Brady, Pregler, Tully. Wertzbecgee. Nays-none. Notice of Claim of Kimberly A. Eyres, in the amount of $36.40, for car damage incucced as tbe result of driv- , 618 Special Session, December 19, 1977 Special Session. December 19, 1977 619 ing into a hole in the street on Rockdale Road on Novcmber 23, 1977, presented and read. Couneilman Tully moved that the Notice of Claim be eeferred to tbe City Attocney for investigation and re- port. Seconded by Councilman Wertz- berger. Caccied by the following vote: Yeas-Mayor SlackÌs, Councilmen Brady, Pregler, Tully, Wertzbergee. Nays-none. Notice of Claim of Leo H. Fit,pateick, in the amount of $600" for loss of a heifer that became entangled in a dead elm tree from the Airport property which had fallen across the fence into Fitzpat- rick's pasture on November 3, 1977, presented and eead. Councilman Tully moved that tbe Notice of Claim be re- ferred to the City Attorney foe investi- gation and eeport. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor SlaekÌs, Councilmen Beady, Preglee, Tully, Wert,beeger. Nays-none. Proof of Publication, certified to by tbe Publishee, of Notice of Public Hear- ing to amend the Zoning Ordinance by repealing Section 4-104.4 of Article IV and enacting a new Section 4-104.4 in lieu tbeeeof to peovide for parking and storage of automobiles in R-Districts as a conditional use. peesented and read. No written objections were received prior to tbe public hearing. Ed Tegeler spoke to the Council re- gacding the necessity of screening. Councilman Pregler moved that tbe peoof of publication be ceceived and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor StackÌs, Couocilmen Brady, Peegler, Tully, Wertzberger. Nays-none. AN ORDINANCE of tbe City of Du- buque, Iowa, peoviding that the Code of Ordinances, City of Dubuque, Iowa, be amended by eevising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa", by eepealing Section 4-104.4 41 of Acticle IV and enacting a new Section 4-104.4 41 of Article IV in lieu tbeeeof, to provide for parking and storage of automobiles in R-Districts as a Conditional Use, said Oedinance having been peesented and read at tbe Council Meeting of November 21, 1977, presented foe final adoption. Council- man Pregler moved tbat tbe Ordinance be referred back to Planning & Zoning Commission Staff. MOTION DIED FOR LACK OF A SECOND- Councilman Brady moved to table the motion. Seconded by Councilman Preg- lee. Caccied by the following vote: Yeas-Mayor Slackis, Councilmen Beady, Pcegler, Wertzbergee. Nays-Councilman Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing by reclassifying portions of Hen- schel's Sub. from AG Agrieultueal Dis- trict to R-l Residential District Classi- fication, presented and read. No welt- ten objections were filed and no oral objectors weee present in tbe Council Chamber at the time set foe the heaelng. Councilman Pregler moved that tbe proof of publication be received and filed. Seconded by Councilman 'ful- ly. Carried by the following vote: Yeas-Mayoe Slackis, Councilmen Beady, Peegler, Tully, Weetzbergee. Nays-none. ORDINANCE NO. 76-77 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 HENSCHEL'S SUBDIVISION FROM AG AGRICULTURAL DISTRICT TO R- 1 RESIDENTIAL DISTRICT CLASSIFI- CATION, said Ordinancc baving been previous presented and read at the Council Meeting of November 21, 1977, present- ed for final adoption. ORDINANCE NO. 78-77 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 OBDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PORTIONS OF HENSCHEL'S SUBDIVISION FROM AG AGRICULTURAL DISTRICT TO R- 1 RESIDENTIAL DISTRICT CLASSIFI- CATION, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the Code of Ordin- ances of the City of Dubuque. Iowa, be amended by revising Appendix A the- reof, also known as the "Zoning Ordi- nance and Zoning Map of the City of Dubuque, Iowa, " to reclassify hm'cina!- ter described property from AG Agri- cultural District classification to R-J Residential District cla"ification, to wi" Beginning at the Soùtheast corner of Section 34, Township 89 North. Range 2 East of the 5th Principal Meridian, in Dubuque County, Iowa; thence North 90 00' West 901.65 feet to a point of beginning; thence South 0 00' East 1060 feet more ortess to apoin~ thence South 5300' East 50 feet more or less to a poin~ thence South 7600' East 200 feet more or less to a poin~ thence North 53 30' East 180 feet more or less to a point; thence North 33 30' East150feet more orless to a point; thence North 24 30' West 200 feet more or less to a point; thence North 000' East 705 feet more or less to a point; thence 9000' West 375 feet to said point of beginning. The area of this tract is 9.50 acres more or less, all in the City of Dubuque, Iowa. Section 2. That said territory has beeome part of the Thirteenth Voting Precinct of the City of Dubuque, Iowa. Section 3- Thot the foregoing amendment has heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 19th day of December, 1977. EmilStackis Mayor ThomasA. TullyJr. Richard Wertzberger James E. Brady WalterA.Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 22nd day of De- cember 1977. Leo F. Frommelt City Clerk 1112/22 Councilman Pregler moved final adoption of the Ordinance. .Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Sto£kis, Councilmen Brody, Pregler, Tully, Wertzberger. Nays-none. December 12,1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public bearing on a proposal to reclassify pro- perty in "Bireh Acres" extending ap- proximately 580 feet north of the Knob Hill intersection on the east side of Fre- mont Avenue in tbe City of Dubuque, Iowa. The property, as shown on the at- tached map, is currently zoned R-3 Resi- dential District and is proposed for R-2 Residential Distriet classification. In reviewing this proposal the Com- mission has found that the R-2 Residen- tial District classification to be con- sistent with development plans for the area. The Commission has spproved the reclassification of the above described portions of "Birch Acres" and recom- mends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Councilman Pregler moved that the communication be received and filed. 3econded by Councilman Tully. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying por- tions of "Birch Acres" from R-3 Resi- dential District to R-2 Residential Dis- trict Classification, presented and read. Councilman Pcegler moved that the reading just had be considered tbe first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowingvot"' Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Pregler 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 hy Councilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Preglee moved that a pubiic hearing be held on the Ordinance on January 16, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Cierk be instructed to pubiish notice of the hearing in the man- ner required by law. Seconded by Coun- eiiman Tully. Carried by tbe following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. 11' 11:111 lilill III il 'iiI! ill,; I" December 12,1977 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Richard Smith and Mr. Thomas Felderman 620 Special Session, December 19, 1977 Special Session, December 19, 1977 621 en, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wcrtzbergcc. Nays-none. Councilman Peegler moved tbat a puhlic heacing be beld on the Oedinance on Januacy 16, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publisb notice of the heaeing in the man- ner required by law. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Beady, Peeglee, Tully, Weetzbeeger. Nays-none. lion 8-102.1 and Section 8-103.4 of Ar- ticle VIII thereof, and enacting a new Section 8-102.1 and Section 8-103.4 in I lieu thereof to cbange the numbec of af- fitmative votes requieed foe approval of amendments by the Planning & Zoning Commission, following a public hearing, presented and read. Councilman Preg- ler moved tbat the reading just bad be consideced tbe first reading of tbe Ordi- nance. Seconded by Councilman Tully. Careied by tbe following vote: Yeas-Mayor Slackis, Councilmen Brady, Preglee,Tully,Wertzberger. I Nays-none. Councilman Pregler moved that tbe rule requiring an Ordinance to be re- ceived and filed at two meetings peior to tbe meeting when final action is tak- en, be dispensed with. Seconded by Councilman Tully. Caeried by the fol- lowing vote: Yeas-Mayoe Slackis, Councilmen Brady, Pregler,'fully, Wertzbeegec. Nays-none. Councilman Preglee moved that a public hearing be held on the Ordinance on January 16, 1978, at 7:30 o'clock P.M. in the Council Chambee at tbe City Hall and that the City Cleek be instructed to publish notice of the heaeing in the man- ner eequired by law. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas-Mayoe Slackis, Councilmen Brady, Pregler, Tully, Wertzbeegee. Nays-none. requesting OR-l Office Residential Dis- trict classification on property at 550 West 8th Stceet in the City of Dubuque, Iowa, which is currently elassified in an R-4 Residential District classification. The property is located on the south side of West 8th Street just east of its intersection witb Hill Stccet and Uni- versity Avenue. In reviewing this eequest the Com- mission considered the benefits to the ~:;~~~:~~:o~/~~~ ";¡:~~:i~~a~:~v:~~~ I ture on the subject property, and con- cluded that the OR-l Office-Residential District classification could be safely applied to this propcrty given tbe limi- tations for development due to the size of the parcel. its location, and the topo- graphy of the area. Tbey noted tbat their decision to exclude the entire bluff side aeea east of the subject property from consideration for OR-l classifica- tion was based on the fact that tbe peo- perty is in the ownecship of tbe City of Dubuque. and is solid rock and undevel- opable. The Planning and Zoning Commis- sion has endorsed tbe reclassification request by a 5-1 vote and recommends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Dieectoe of Community Development Councilman Peeglee moved that tbe communication be received and filed. Seconded by Councilman Tully. Carried by tbe following vote: Yeas-Mayor Slackis, Councilmcn Brady, Pregler, Tully. Wertzbergee. Nays-none. AN ORDINANCE of tbe City of Du- buque, Iowa. providing that the Code of Ordinances"City of Dubuque, Iowa, be amended by revising Appendix A theeeof, also known as tbe "Zoning Or- ~:~~~~:n~o~~~in:y ~:~I::s:r~n~t~(;f I tions of property in Coriell's Dubuque Addition from R-4 Residential Disteiet to OR-l Office-Residential District Clas- sification ISmith & Felderman), pre- sented and read. Councilman Pregler moved that tbe reading just had be con- sideccd the ficst reading of the Ordi- nance. Seconded by Councilman Tully- Carried by the following vote: Yeas-Mayoe Slackis, Councilmen Beady, Preglee. Tully, Weetzbcegec. Nays-none. Councilman Peegler moved tbat the rule eeqoiring an Ordinance to be re- ceived and filed at two meetings prior to tbe Meeting when final action is tak- December 12, 1977 Honorahle Mayoe and Councilmen Tbe City of Dubuque Planning and Zoning Commission has held a public heaeing on a proposal to amend Sec- tions 8-102.1 and 8-103.4 of Ordinance No- 32-75, wbicb Sections set foeth tbe number of votes required by the City Planning and Zoning Commission foe approval of amendments acted on at tbeir public bearings. Tbe intent of tbe revision is to cbange the numbee of af- firmative votes needed for approval from five (51 votes. to four 14) votes. Tbere was no one present to speak for or against the proposed amendment at the public hearing. In reviewing tbis amendment the Planning and Zoning Commission has determined that the four (4) vote re- quirement, wbich was in effect prior to adoption of Oedinance No. 32-75, would resolve some defeccals and eesulting in- conveniences to pctitionecs and citizens which have been encountered with tbe five (51 vote requirement. Tbe Commis- sion has voted its approval to the amendment changing tbe numbee of af- firmative votes required for appeoval to four (41 and recommends your favorable consideration. City Plahning and Zoning Commission Councilman Peegler moved tbat the communication be received and filed. Seconded by Councilman Tully. Caceied by the following vote: Yeas-Mayor Slackis, Councilmen Beady, Pregler, Tully, Wertzbergee. Nays-none. AN ORDINANCE of the City of Du- buque, Iowa peoviding that the Code of Ordinances, City of Dobuque, Iowa. be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque. Iowa". by repealing Scc- December 12, 1977 Honorable Mayoe and Councilmen The City of Dubuque Planning and Zoning Commission has beld a public hearing on a proposal to amend Section 3-104.1 of Oedinance No. 32-75, which Section peovides for Limitations on the Numbee of Buildings, Structures and Uses on a Zoning I.ot in a Resideutial or Office-Residential District. Tbe intent of the revision to tbis Section is to delete language that allows mocc tban one peincipal permitted use on a lot where yard, acca, and othee eequire- ments of the oedinance were provided foe each structure housing a pcincipal I permitted use. as though such steuctu- ees wece located on an individual lot. In eeviewing this amendment tbe Planning and Zoning Commission found tbat tbe provision bas allowed develop- ers to eeeet more than one steuctuce on a zoning lot often precluding access to otbee developahle parcels and circum- venting tbe intent of the Ordinance that each stroctuce would occupy a single platted zoning lot. The Commission bas voted to approve the amendment revis- ing Section 3-104 of Oedinance No. 32-75, and recommends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Couneilman Pregler moved that the communication be received and flIed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. AN ORDINANCE of tbe City of Du- buque, Iowa, peoviding tbat the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by repealing Section 3-104.1 of Acticle III theeeof. and enact- ing a new Section 3-104_1 of Article Ill, in lieu theeeof. to establish provisions for limiting tbe numbee of buildings, structures, and uses on a zoning lot in ccsidential or office-residential dis- tricts. presented and eead. Councilman Pregler moved that the eeading just had be considered the ficst reading of the Ordinance. Seconded by Council- man Tully. Caccied by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Peeglee, Tully, Wertzberger. Nays-none. Councilman Pregler moved that the eule eeqoiring an Ordinance to be re- ceived and flIed at two meetings peine to the meeting wben final action is tak- en, be dispensed with. Seconded by Councilman Tully. Caccied by the fol- lowing vote: Yeas-Mayoe Stackis, Couucilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Councilman Peeglee moved tbat a public hearing be beld on tbe Oedinance on January 16, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Cicek be instructed to publish notice of the hearing in tbe man- ner eequired by law. Secended by Coun- cilman Tully. Careied by the following vote: Yeas-Mayor Slackis. Councilmen Brady, Peeglee, Tully, Wert,berger. Nays-none. Petition of Loeas College requesting considecation on tbe installation of lights at the intersection of I.oras Blvd. & Alta Vista Street, peesented and read. Councilman Wertzbergee moved that the petition be refereed to tbe City Managee and Traffic Department for in- ", December 13,1977 Special Session, December 19, 1977 623 622 Special Session, December 19, 1977 vestigation and report. Seconded by Councilman Pregler. Carried by the fol- lowing vote: Yeas-Mayoe Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. PetitIon of Mississippi Valley Invest- ment Company requesting permission to connect to city sewer for the Terrace Court Mobile Home Park at 2330 Rock- dale Road, presented and read. Council- man Wectzbergee moved that the peti- tion be referred to the City Manager and Engineering Department. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Weetzberger. Nays-none. Petition of Helen Ann Spielmanre- questing a refund of $50. on the unex- pired portion of Cigarette License No. 1336, discontinued business on Decem- ber 1, 1977, presented and read. Coun- cilman Weetzbecger moved that the ee- fund be granted and City Auditoe di- rected to issue proper payment. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. Petition of Beverly A. Larsen re- questing a refund of $422.50 on the un- expired portion of Beer-Liquor License No. C-9567-77, discontinued business on November 10, 1977, presented and read. Councilman Wertzberger moved that the eefund be granted and City Auditor dieected to issue proper war- rant. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wert,berger. Nays-none. RESOLULTION NO. 49H7 WHEREAS, on the 2nd day of March, 1964, the City of Dubuque, Iowa passed, adopted and approved a resolution, being Resolution No. 27-64, authorizing and empowering tbe creation of a Coun- ty-City of Dubuque Authority pucsuant to and in accordance with Section 346.27 of the Code oflowa; and WHEREAS, said Authority was in fact created and commenced opeeation on the 27th day of April, 1964, and has continued in existence to the present date;and WHEREAS. it now appeacs that there is no fuethee ceason foe the contin- ued existence of the County-City of Du- buque Authority, and the same should be dissolved and funds of the City and of the County in its hands should be ce- tucned to the eespectivc conteibllting govecnmental units. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the County-City of Dubuque Authority cceated, organized and existing under and by vietue of Sec- tion 346.27 of the Code of Iowa need no longer continue in existence as it serves no public purpose and same should be dissolved. Section 2. That the County-City of . Dubuque Authority be and it is hereby authorized and empowered and directed to cause the dissolution of said govern- mental corpoeation, and the City of Du- buque, Iowa does heeeby ratify, confirm and approve any and all acts of said Au- thority in direct connection with its dis- solution and immediate termination; and that the funds on hand belonging to the City o!Dubuque, Iowa and to the County of Dubuque, Iowa be forthwith remitted to tbe respective municipal corpora- tions. Passed, adopted, and approved this 19th day o!Deeember, 1977. EmiiStackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Beady Walter A. Pregler Councilmen Honorable Mayor and City Council We respectfully request the approval of the attacbed resolution authorizing funding in the amount of $25,000 for the program "Operation Paintbrush" to be instituted early in April 1978. Tbe attached guidelines were submit- ted to both tbe Rehabilitation Commis- sion and the Community Development Commissin and were approved. We wish to call to your attention the need on tbe part of staff to refine eertain details but tbese changes will not seriously affect the overall program. Please also note that the cecommend- ed Block Grant Funds are unexpended balances from completed projects. Daniel Dittemore Director of Community Development Councilman Pregler moved tbat the communIcation be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yess-Mayor Slackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. RESOLUTION NO. 492-77 A Resolution Directing the Transfer of Community Development Block Grant Funds From Various Other Completed Projects to a Project to be Designated "Operation Paintbrush" NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That an amount not to exceed Twenty-Five Thousand Dollars. 1$25,0001 shall be transferred from vari- ous completed Community Develop-- ment Block Grant Projects for a project to be designated "Opeeation Paint- brush," December 12, 1977 Honorable Mayor & City Council I am transmitting herewith proposed form of resolution initiating the dissolu- tion of the County-City of Dubuque Au- thority. In accordance with your desires, tbe said resolution should be adopted and a certified copy of same transmitted to tbe Autbority. "OPERATION PAINTBRUSH" Cost $25,000.00 Allocated ~ Need $25,000.00 BUDGET TRANSFERS FY'78ADMINIS- FY'77 ADMINIS. FY'76ADMINIS. FY'77MINI-PARK $8,283.00 6,629.21 9,706.75 ~ $25,000.00 Section 2. Tbat the foregoing trans- fer of funds has beretofoee been approv- ed by the Community Development Commission, and tbe concept of the pro- gram has been approved by tbe Rehab- ilitation Commission. ATTEST: LeoF.Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Conncil- man Pregler. Carried by the following vote: Yeas-Mayor Slackis. Councilmen Beady, Pregler, Tully, Wert,bergec. Nays-none. R. N. Russo City Attocney Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Cae- ried by tbe following vote: Yeas-Mayor Slackis, Councilmen Beady, Pregler, Tully, Weetzbeegee- Nays-none. Passed, adopted, and approved this 19th day o!December, 1977. EmilStackis Mayor Richard Wertzberger JamesE.Brady Walter A_Pregler Councilmen ATTEST: LeoF.Feommelt City Clerk Couneilman Pregler moved adoption of tbe Resolution. Seconded by Council- man Wertzbeeger. Carried by the fol- lowing vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Wertzberger. Nays-none. Abstain-Councilman Tully. December 13,1977 'Honorable Mayor and Councilmen The recent purchase ofland for the re- location of Engine House#1 necessitates the amendment of the Community De- velopment Block Grant budget. As per the attacbed resolution, we re- spectfully recommend the itemized changes. Please note that for the most part we will be utilizing unexpended funds remaining from completed pro- jects. Daniel Dittemore Dicector of Community Development Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Bcady, Pregler, Weetzberger. Nays-none. Abstain-Councilman Tully. RESOLUTION NO. 493-77 A Resolution Directing the Transfer of Community Development Block Grant Funds feom Various Otbec Completed Projects and Contingency Account to Relocation of Engine House #1 Project NOW THEREFORE- BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That an amount not to ex- ceed Thirty-three Thousand, Three Hundred and Twenty-eight Dollars and Fifty Cents 1$33,328.50) shall be trans- ferred from tbe appropriate Fiscal Year Community Development Block Grant Funds, as listed below, for the purpose of completing a land purchase for a project .known as "Relocation of Engine House #1. I Special Session. December 19, 1977 RELOCATION OF FIRE Passed, adopted, and approved this STATION 19th day ofDecembee, 1977. $108,328.50 Emil Stackis 75.000.00 Mayoe 33,828.50 TbomasA. Tully Jr. Ricbard Wertzberger James E. Brady WalterA.Pregler ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Councilman Wertzbergee. Caccied by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. 624 Cost Allocated BUDGET TRANSFERS FY'78UebanRenewal $26,197.39 FY'76LegalAid- 1,250.06 FY'76ProfilesofChange 158_00 FY'77Mini-Park 4,618.96 FY'78ContiI1ß:encies 1,104.09 $33,328.50 Section 2- That the foregoing trans- fer of funds has heretofore been approv- ed by the Community Development Commission. Passed, adopted, and approved this 19th day ofDecember, 1977. EmilStaekis Mayor Richard Wertzberger James E. Brady WalteeA.Preglee Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of tbe Resolution. Seconded by Council- man Brady. Carried by the following vote: Yess-Mayor Slackis, Councilmen Brady, Peegler, Wertzbergee. Nays-none. Abstain-Councilman Tully. RESOLUTION NO. 494.77 Resolution Referring the State Build. ing Code to Interested Organizations WHEREAS, the City Council of Du- buque is considering the State Building Code for adoption; and WHEREÀS, the City Council seeks the opinion of the vaclous ocganizations which are dieectiy affected by the adop- tion of such a code. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITYOFDUBUQUE,IOWA: Section 1. That the City Manager and his staff is hereby authorized and direct- ed to make available copies of the State Building Code to the Building Trades Council and its member organizations, Contractors Associations and Material Suppliers organizations for their review and comments. Section 2. That tbe City Manager and his staff shall eeport to tbe City Council at tbe earliest practical time their find- ings of such review by the affected or- ganizations. Special Session, December 19, 1977 625 November 14, 1977 To the Honorable Mayor and City Council This is to advise you that the Sunset Ridge Drive Asphalt Paving Project bas been completed in accordance with the City of Dubuque plans and specifications. I, therefoee, recommend the accept- ance olthe above named project. GilbertD. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Pregler. Car- ried by thefollowingvote: Yeas-Mayoe Slackis, Councilmen Brady, Peegler, Tully, Wertzberger. Nays-none. - FINAL ESTIMATE Resolution No. 495.77 WHEREAS, the contract for tbe Sun- set Ridge Drive Aspbalt Paving Project has been completed and the City Engi- neer has submitted his final estimate sbowing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefoee, BE IT RESOLVED, by the City Coun- cilofthe City ofDubuque, That the cost of said improvement is hereby determined to be $26,653.66. That $26,653.66 of the cost thereof shall be assessed upon private property and none sball be paid from the City of Dubuque. Passed, adopted, and approved this 19th day ofDecember, 1977. EmilStackis Mayor ThomasA. Tully Jr. Richard Wertzberger JamesE.Brady Walter A. Preglee Councilmen Councilman Tully moved adoption of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. (A Resolution Accepting Improvement and Directing the Clerk to Publish No- tice.1 RESOLUTION NO. 496-77 WHEREAS, the contract for tbe Sun- set Ridge Drive Asphalt Paving Project has been completed and the City Mana- ger has examined the work and filed bis certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the rec- ommendationoftheCity Manager be ap- proved and that said improvement be and the same isbereby accepted and the City Engineer be and is hereby directed to prepare a plat and scbedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in tbe office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Teeasurer be and be is hereby directed to pay to the contractoe from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to tbe amount of his con- tract, less any retained percentage pro- vided for tberein. Passed, adopted, and approved this 19tb dayofDecembee, 1977. EmilStackis Mayor ThomasA. TuliyJr. Richard Wertzberger James E. Brady WalterA_Peegler Councilmen ATTEST: LeoF.Frommelt City Clerk ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the Resolution. Seconded by Council- man Pregler. Carried by the following vote: Yess-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none. November28,1977 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1977 Asphalt Paving Project No.1 has been completed in accordance with the City of Dubuque plans and spe- cifications. I, therefore, recommend the accept- ance oftbe above named project. Gilbert D. Cbavenelle City Manager Councilman Tully moved that tbe communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Beady, Pregler, Tully, Weetzberger. Nays-none. FINAL ESTIMATE Resolution No- 497-77 WHEREAS, the contract for the City of Dubuque Asphalt Paving Peoject No. 1 bas been completed and the City Engi- neer has submitted his final estimate .showing the cost thereof including the cost of estimates, notices, inspection, and peeparing the assesment and plat, now therefore, BE IT RESOLVED, by tbe City Coun- cil of the City ofDubuque. That the cost of said improvement is bereby determined to be $207,004.5S. That $59,417.9S of the cost theeeof shall be assessed upon private propeety and $113,439.93 shall be paid from the Road Use Tax Fund of the City ofDubu- que, and $34,146.67 shall be paid feom theStateofIowa. Passed, adopted, and approved tbis 19th day ofDecember, 1977. EmilStackis Mayor Thomas A. Tully Je. Richard Weetzberger James E. Brady Walter A. Peegler Councilmen ATTEST: LeoF.Feommelt City Clerk Councilman Tully moved adoption of tbe Resolution. Seconded by Council- man Weet,beegee. Caccied by the fol- lowing vote: Yeas-Mayor Slackis, Councilmen Beady, Pregler, Tully, Wertzbergee. Navs-none. (A Resolution Accepting Improve- ment and Directing the Clerk to Pub. lish Notice.) RESOLUTION NO. 49S.77 WHEREAS, the contract for the City ofDubuque 1977 Asphalt Paving Project No.1 bas been completed and the City Manager has examined the work and 626 Special Session, December 19, 1977 Decembor12,1977 SpeéialSession; December 19, 1977 627 filed his ceetificate stating that the same has been completed according to tbe terms of the contract, plans and specifi~ cations and eecemmends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the cec- ommendation of the City Managee be approved and that said impeovement be and the same is hereby accepted and the City Engineec be and is hereby directed to prepare a plat and schedule showing tbe lots DC parcels of ceal estate subject to assessment foe said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon ceceipt of such plat and s<:hedule publish the notice of the Council's intention to levy special as- sessments tberefor, as required by law. BE IT FURTHER RESOLVED, that the City Teeasurer be and he is hereby dieeeted to pay te the contractor fcom the funds to be eealized from the sale of stceet improvement bonds issued upon the above desnibed improvement in amount equal to the amount of his con- tenet, less any eetained percentage pro- vided foe therein. Passed, adopted, and appeoved this 19th day ofDecember, 1977. EmilStackis Mayor Thomas A. Tully Jc. Riehaed W ect,berger JamesE.Brady Walter A. Pcegler Councilmen ATTEST: Leo F. Feommelt City Clerk Cnuncilman Tully moved adoption of the Resolution. Seconded by Council- man Wertzbeegee. Caccied by the fol- lowing vote: Yeas-Mayoe Slackis, Councilmen Brady. Pregler, Tully, Wertzbergec. Nays-none. December 12, 1977 Honoeable Mayoe and Councilmen The City of Dubuque Planning and Zoning Commission bas eeviewed the final plat of Lots I, 2 and ;¡ of "Takos Place"located at the soutbwest intecsec- tion of North Grandview Avenue and North Algona Street in the City ofDubu- que. Iowa. In eeviewing the plat tbe Commission found tbat the subdivision of the pro- perty divid" a laeger parcel into three single-family eesidential lots ,md is in coi\!ormance with the City of Dubuque Zoning Oedinance and Subdivision Reg- ulations. The Planning and Zoning Commission has voted to appeove the finai plat as submitted and recommends your favor- able consideration. City Planning and Zoning Commission Daniel Dittemoee Dicector of Community Development Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wert,bergee. Caeried by the following vote: Yeas-Mayor Stackis, Councilmen Brady, Peegler, Tully, Wertzbergee. Nays-none. RESOLUTION NO. 499-77 A Resolution Approving the Plat of Lot 1, Lot 2, and Lot 3 of "Takos Place", a Subdivision of Lot B of Lot 1 of Lot 1 of Mineral Lot 179 in the City of Dubuque, Iowa WHEREAS, theee has been filed witb the City Clerk of the City of Dubuque, Iowa, a plat in which Lot BofLot I of Lot I of Mineeal Lot 179 in the City ofDubu- que, Iowa, is platted as: Lot 1. Lot 2 and l,ot 3 of "Takos Place" in the City ofDubuque, Iowa WHEREAS. said plat bas been exam- ined by the City Plaening and Zening Commission and had its approval en- docsed thereon: and WHEREAS, said plat bas been exam- ined by tbe City Council and they find that the same conforms to the statutes and ordinances relating thereto: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the above described plat be and the same is heeehy approved and the Mayoe and City Cleek ace hereby authoeized and dicccted to en- docse the appeoval of the City of Dubu- que. Iowa, upon said plat. Passed, adopted, and approved this 19th day ofDecember.1977. Emil Stackis Mayor Tbomas A. Tully.le. Richaed Wertzbeegec James K Beady WalteeA.Peegler Councilmen Honorable Mayor and Councilmen The, Wtyof DuboquePlanning and Zoning Commission has . reviewed the final plat of Lot A and Lot B of thesubdi- vision ofLot2 of Lo.t 1 of Lot 10fLot I of LotI of LotI of Lot 2 of Lot I of LotI of "High-Land Farm" whicb is located on the south side of. West Thiety,Seeond Stccet east oUohn F. Kennedy Road in tbe City ofDubuque, Iowa. The Planning and Zoning Commission has found that the intent o[.the subdivi, ,ion of the .property is to aI)ow teansfer of ownecship of Lot Aandthat the plat is in conformance with the Zoning Ordi- nance and the Subd.ivision Regulations of the City ofDuþuque. Iowa. The Com.mission has voted to appeove the final plat, described above, and eec- ommends youdavorable consideeation. City Planning and Zoning Commission Daniel Dittemocc Dieectoe of Community Development Coun.cilman Tully moved that the communication he. Te.ceived and filed. Seconded by Councilman Wertzbeeger. Caccied by the following vote: Yeas-Mayoe Stackis. Councilmen Beady, Pcegler.Tully. Wertzberger. Nays-none. RESOLUTION NO. 500-77 A, Resolution Appròving the Plat of LotsAand Bof Lot20fLotl of LotI of LotlofLotlofLot10fLot20fLot10f Lot 1 of High-Land Farm, Dubuque County, Iowa, Now in tho C;ty ot Dubu- qua, Iowa WHEREAS, there has been filed witb the City Cleek of tbe City of Dubuque. Iowa, a piatinwhichLot2ofLot 1 of Lot 1 of Lot I of Lot 1 ofI,ot I ofI,ot 2 ofI,ot I of Lot 1 of High-Land Facm, Dubuque County. Iowa, now in the City of Dubo- 'Ioe. Iowa, is platted ás: Lots A and B of Lot 2 of Lot I of Lot I ofI,ot I of Lot 1 of Lot 1 ofLot2 of Lot 1 of Lot 1 of Higb-Land Faem, Dubu~ que County, Iowa, now in the City of Dubuqüe, IoWa. WHEREAS. said plat has been exam- ined by the City Planning and Zoning Commission and had its approval en- docsed theceon; and WHEREAS, said Plat básbeen exam- ined by th<i City Council and they find that same confMms to thestatutes and ordinances celating thèeeto: N~OW THEREFORE BE IT 1tE- SOLVED BY THE CITY COUNCIL OF' THE CI'j'Y OF DUBUQUE. lOW A: Seclion 1. Thátthe above described platbe and the same i~ h,,'eby appmved ATTEST: LeoF.Feommelt City Clerk Councilman Tully moved adoption of the Resolutioa. Seconded by Council- man Wect'becger. Carried by tbe fol- lowing vote: Yeas-Mnyoe Stackis. Councilmen Beady. Peeglec, Tully. Weet,bergec. Nays-none. and the Mayor Md City Clerk are here- by authorized .and directed to'endorse the appeoval of the City of Dubuque, Iowa, upon said plat. . Passed, adoptod, and appcoved this 19th day of December, 1977, EmilStackis l\ayor Thomas A. Tully k Richard Wer\zbergee Jame,E.Brady WalterA,Pregler Councilmen ATTEST: LeoF.Frommelt City Cleek Councilman Tully mo"~d adoption of the Resolution. Sccondèd by C()uncil~ man Wertzbergec. Cáer;ed. by the fol- lowing vote: Yeas-Mayor Slackis, Councilmen Bcady, Pregler, Tully, Wert,bergee. Nays-Mne. RESOLUTION NO. 501-77 BE IT REBOL VED. by the City Coun- cil of the City ofDubOque, Iowa, that the following bavihg complied with the peo- visions of law relating to the sale of Cig- arettes within the City of Dubuqoe, Iowa, be granted à permit to sell Cigar~ ettes and Cigarette Papecs within said City. Jeffeey T. Maggio, Tercy steiner, Gregory J. Adams - 1064 Univecsity Ave. Angelina A. Bertolini - 1298 Main St. Passed. adopted, and appeoved this 19fh day of Decembee. 1977. Emil Stackis Mayor 'I'homas A. TullyJe. Richard Weet,bergee JamesE.Beady Waltee A. Pe"glee Councilmen ATTEST: Leo F. Frommelt City Cleek Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried. by the following vote: Yeas-MaYor Stackis, Col'mcilmen Beady, Peegler, Tully, Weetzbeeger. Nay.,none. BESOLUTION NO. 502-77 WHEREAS, applications for Liquor Licenses have been submitted .to. t~is Council foe appeoval and the same have been examined; NOW THE,REFOREBE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa. tbat tbefollowing'I'p~ plications beappeoved and .'Licenses issued upon the compIÜl'nce with the peo- visioos ofChapter131. Actsoft~e First Regulae Session, 64th Geneeal Assem- bly. I: 1 I ,II ], II!I III II' III II II: II ~ III III ,,' II I; 628 Special Session, December 19, 1977 CLASS "B" (HOTEL.MOTEL) BEER AND LIQUOR LICENSE Design Center. Inc. (Also Sunday Sales) - 200 Main Street. CLASS"C"(COMMERCIAL) BEER AND LIQUOR LICENSE Donald F. Bradley (Also Sunday Sales) - 1091 Main Street. Lorraine Gordon - 2327 Central Ave- Bert Hillary -1413RockdaleRoad. James Kachevas (Also Sunday Salesl - 665 Dodge St. Shirley Mihalakis (Also Sunday Sales) - 574 E. 16th St. Norene J. Millman (Also Sunday Sales) - 601 Rhomberg A ve- Super Market, Corp. - 1101 Central Ave. Jeffrey T. Maggio, Terry Steiner. Gregory J. Adams - 1064 University Ave. Angelina A. Bertolini (Also Sunday Sales) -1298MainStreet. Passed, adopted, and approved this 19thdayofDecember,1977. Emil Stackis Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Couneilman Pregler- Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully, Wertzberger. Nays-none- RESOLUTION NO. 503-77 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Couneil: and WHEREAS, the premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED, by the City Counciloftbe City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. (Also Sunday Sales) - 200 Main Street. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donald F. Bradley IAlso Sunday Sales) -1091MainStreet. Lorraine Gordon - 2327 Central Ave. Bert Hillary - 1413 Rockdale Road. James Kachevas (Also Sunday Salesl - 665 Dodge St. Shirley Mihalakis IAlso Sunday Sales) -574E.16tbSt. Norene J. Millman (Also Sunday Salesl - 601 Rhomberg Ave. Super Market, Corp. - 1101 Central Ave- Jeffrey T. Maggio, Terry Steiner, Gregory J. Adams - 1064 University Ave. Angelina A. Beetolini (Also Sunday Sales) -1298MainStreet- Passed, adopted. and approved this 19th day ofDecember, 1977. EmilStackis Mayor Tbomas A. Tully Jr. Richard Wertzberger JamesE.Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler, Tully. Wertzberger. Nays-none. RESOLUTION NO. 504.77 WHEREAS. applications for Beer Permits have been submitted to this Council for approval and the same bave been examined: NOW THEREFORE BE IT RE- SOLVED By the City Council of the City of Dubuque, Iowa, tbat the following applications be geanted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS"C" BEER PERMIT OscoDrug.Inc. - 703 Main Street. Passed, adopted. and approved this 19th day ofDecember, 1977. Emil Stackis Mayor ThomasA. Tully Jr. Richard Wertzberger JamesE.Brady Walter A. Pregler Councilmen ATTEST: LeoF.Frommelt City Clerk Mayor Staekis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas-Mayor Slackis, Councilmen Beady, Pregler, Tully, Wertzberger. Nays-none. " RESOLUTION NO. 505.77 WHEREAS, applications for Beer Permits were filed by the within named Special Session, December 19, 1977 629 applicants and they have received the erty as above described by the City of approval oftbis Council: and Dubuque, Iowa. WHEREAS, the premises to be occu- R.N.Russo pied by such applicants were inspected City Attorney and found to comply with the Ordinances Councilman Pregler moved that the of this City and tbey bave filed proper communication be reeeived and filed. bonds: Seconded by Mayor Stackis. Carried by NOW THEREFORE BE IT RE- the following vote: SOLVED By the City Council of the City Yeas-Mayor Slackis. Councilmen Brady, of Dubuque, Iowa. tbat the Manager be Pregler. Wertzberger. authorized to cause to be issued to the Nays-none. following named applieants a Beer Per- Abstain-Councilman Tully. mit. RESOLUTION NO.SOa.77 CLASS "C" BEER PERMIT WHEREAS, the City Council of the Oseo Drug, Inc. - 703 Main Street. City ofDubuque, Iowa has heretofore in- Passed, adopted, and approved this structedanddirectedtheCityAttorney. 19tb day ofDecember,1977. R. N. Russo, to negotiate for tbe acquisi- Emil Stackis lion by repurchase of Blnck 14, Dubuque Mayor Downtown Plaza from R. Hampton and Thomas A. Tully Jr. Company, Inc.: and Richard Wertzberger WHEREAS. the said R. Hampton and James E. Brady Company. Inc- by its president, Robert Walter A. Pregler E. Hampton, by letter dated December Councilmen 14,1977, has offered to sell said property to the City ofDubuque, Iowa for the sum of $192,490.00 and has agreed to pay tbe existing taxes owing in the amount of $3,159.96 and that the City shall prepare the deed of conveyance. pay for the reve- nue stamps, mortgage release fee and abstract fee: and WHEREAS, said offer of sale should be accepted. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF December 19, 1977 I THE CITY OF DUBUQUE,IOWA: Section 1. That the offer to sell the above described real estate by R. Hamp- ton and Company, Inc. made to the City Attorney of the City of Dubuque, Iowa, for and on behalf of the City of Dubuque, Iowa, by letter dated December14, 1977. be and the same is bereby accepted- Section 2. That the City Attorney is herewith further instructed and direct- ed to finalize the acquisition of said real estate at tbe eacliest possible time- Passed, adopted, and approved tbis 19th dayofDecember, 1977. EmilStackis Mayor Richard Wertzberger James E. Brady Walter A_Pregler Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Stackis moved adoption of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yess-Mayor Slackis, Councilmen Brady, Pregler. Tully, Wertzberger. Nays-none- t I I i I I ~ ~ ¡ ,] Honorable Mayor and City Council You have heretofore directed the City Attorney's Office to institute negotia- tions with R. Hampton & Co" Inc. for the repurcbase by the City of Dubuque of the property known as Block 14, Dubu- que Downtown Plaza in tbeCity ofDubu- que. Iowa- This is to advise that I bave commenc- ed negotiations with Mr. Robert E. Hampton, president of the firm, and by letter dated December 14, 1977, he makes tbe offer to settle the same with the City of Dubuque for the sum of $192,490.00. Said offer is on the condi- tion tbat tbe City pay for the prepara- tion of the deed, revenue stamps. mort- gage release fees and abstract fees. The said offer also stipulates tbat R. Hampton & Co" Inc. sball pay the baek taxes in the amount of $3,159.96. The 1977-78 taxes become a lien as of Janu- ary 1. 1978, and it is hoped that tbis tran- saction can be finali"d prior to the end of the year. Accordingly, the undersigned here- with cccommends to the City Council that it accept tbe offer of R. Hampton Co" Inc. for the repurchase of said prop- ATTEST: LeoF.Frommelt City Clerk Councilman Pregler moved adoption of the Resolution- Seconded by Mayor Stackis. Carried by the following vote: Yeas-Mayor Slackis, Councilmen Brady, Pregler. Wert,berger. Nays-none. Abstain-Councilman Tully. 630 Special Session, December 19, 1977 , ORDINANCE NO, 79.77 . T;\NG TO ,PROHiBITED, PBACTICES AN OBDINANCEOFTHECITYOF-DU- AS TO EMPLOYMENT;,BYREPE.<\L. BUQUE"IOWA; PROVIDING THAT INGSECTION,2H4 AND ENACTING THE CODE, OF-ORDINANCES, CITY A NEW SECTION 21,64" IN ,LIEU OF,DUBUQUE,IOWA, BE AMENDED THEREOF- TO ADD AGE CATEGORY BY, 'REPEALING SECTION 2h41 AND RELATING TO PROHIBITED PRAC, ENACTING ,A NEW,SECTION 21'41 IN TICES AS TO HOUSING, LIEU THEBEOF TO PROVIDE FOR NOW THEREFORE BE' IT ORDAIN. SE)tAND AGE CATEGORIES AS TO ED 'BY THE CITY COUNCIL OF THE EXCEPTION TO RETIREMENT CITY OF DUBUQUE, IOWA: PLANS: BY REPEALING SECTION SectIon 1- That Section 21,41 of the 21.48 AND'ENACTlNG'A NEW SEC. CodeofOrdinancesoftheCityofDubu- TION21-48IN LIEU TH EREOFTO ADD que, Iowa be repealed and a new Section AGE CATEGORY AS TO WHEN' PRO- 21-41 Menadedíi!lih, thereof, as fol- HIBITED PRACTICES, ASTOACCOM- lows: MODATIONS OR SERVICES, SHALL "Sec. 21.41. Provisions relating to APPLY; BVREPEALING SECTION 21. sex and a¡¡eof this ordinance not 56 AND ENACTING A NEW SECTION applicable to retirement plans; ex- 21.56 TOADDAGECATEGORY RELA. ceptlon TlNG TO PROHIBITED, PRACTICES The provisions of this chapter re- ASTO EMPLOYMENT; BY REPEAL. lating to discrimination because of INGSECTION21.64 AND ENACTING sex or age shall not be construed to A .NEWSECTION, 21.64 IN LIEU apply to any retirement plan or bene- THEREOF TO ADD AGE CATEGORY fit system of any employer unless RELATING TO PROHIBITED PRAC. such plan or system is amere subter. TlCES ASTO HOUSING, fuge adopted for the purposes of presented and read. evading the provisions of this chap- QouncilmanTully 'móved that the ter. " reading just had he considered the first Section 2. That Section 21-48>0/ the reading olthe Ordinance. Seconded by Code of Ordinances of the City of Dubu. Councilman Pcegler. Carried by tbe fol- que, Iowa be repealed and anew Section lowing vote: 21-48 be enacted iulieu thereof, os fol- Yeas-Mayor Slackis, Councilmen Preg- lows: let, Tully, Wertzberger. "Sec. 21-48. Prohibited Practices Nays-none. as to Accommodations or AhstaincCouricìhnanBrady. Service" Councilman Tully moved that the rule It shall be unfair at distriminatory requiring an Oedinance to be received practice for any owner, lessee, sub- and filed at two meetings, prior to the lessee; proprietor, manager, or su- meeting when final action is taken, he perintendentofanyp'¡blicaccommo- dispensed with. ßecondedbY Council- datión or anyagenl or employee man I'regler. Coccied by the following thereof: ' vote: (I)To refuse or deny to any person Yeas-Mayoe Slackis, Councilmen Preg- because of race. disability, creed, lor, Tully, Wertzbeegee. cotor, sex, age, national origin or reli- Nays'none. gion the accommodation': facilities, Abstaih'Cóuncilman Brady. services orprivilegesthero'dfor ofh- ORDINANCE NO. 79-77 erwise todiscr;,ninato' 'against any AN ORDINANCE OFTHE CITY OF DU. person because of race, treed, cotor. BUQUE, IOWA, PROVIDING THAT sex, age, national origin. religion, or THE CODE OF ORDINANCES, CITY disability in the}urnishing of such OF DUBUQUE,IOWA, BE AMENDED accommodatidns; advantages. facili- BY REPEALING SECTION 21.41 AND ties, service., orpriviteges. ENACTING ANEWSECTION 21.41 IN (2) To dii'ectly'orindirectlyadvertise' LIEU THEREOF TO PROVIDE FOR or in any other manner indicate or SEX AND AGE CATEGORIES .<\5 TO p'¡bticíze that the patronage ofpcr- EXCEPTION TO RETIBEMENT sons of any particular' race, creed, PLANS: BY REPEALING. SECTION coldr. sèx, agè, natiónalórigin, reli- 21.48 AND ENACTING ANEW SEC. gion or disability is unwelCome. ob- TlON 21.48 IN llEUTHEREOFTO.<\DD jeetionablc, riot acceptable,' or not AGE CATEGORY ASTO WHEN PRO- solicited." HIBITED PRACTICES; AS TO .<\CCOM. Section 3; That Sections 2H6ofthe MODATIONS OR SERVICES, SHALL Code of Ordinances of IheCity of Dubu- APPLY; BY BEPEALING SECTION 21' que. Iowa be ré¡Jèaledand anew Sectidn 56 AND ENACTING A NEW SECTION 21-56 beenadedin lieu thereof, as}ot' 21.56TOADDAGECATEGORVRELA- low", ' Special Session. December 19, 1977 "Sec. 21-56- Prohibited Practices as to Employment It shall be an unfair or dÜcriminato- ry practiee for any' (1) Person to refuse to hire, accep" register, classify, or refer for em- ployment, to discharge any em- ployee, or to otherwise discriminate in employment against any applicant for employment or any employee be- cause of the race. creed, color, sex, age, national origin, religion or dis. ability of such applicant or employee, unless based upon the nature of the occupation. (2) Labor organizations or the em- ployees, agents, ormembers thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discriminate against any applicantformembership or any member in the privileges, rights or benefits of such membership be- cause of the race, creed, color, sex, age, national origin, retigion or dis- ability of such applicant ormember. (3) Employer, employment agency, tabor organization, or the em- ployees, agents, or members thereof to directly or indirectly advertise or in any other manner indicate or publicíze that individuals of any par- ticular race, creed, color, sex, age, national origin, religion or disability are unwelcome, objectionable, not acceptable, or not solicited for em- ployment or membership unless based upon the nature of the occupa. tion. .. Section 4. That Section 21-64 of the Code of Ordinances of the City of Dubu- que, Iowa be repealed and anew Section 21-64 be enacted in lieu thereof, as fol- low", "Sec. 21.64. Prohibited Practices as to Housing- It shall be unfair or discriminatory practice for any owner, or person acting for an owner, of rights to hou- sing or real property, with or with- out compensation, including but not limited to persons ticensed as real estate brokers or satesman, at- torneys, auctioneers, agents or rep- resentatives by power of attorney or appointment, or any person acting under court order, deed of trust, or wil" (1) To refuse to sel, rent, lease, as- sign, orsubleaseanyrealpropertyor housing accommodation or par" por- tion or interest therein, to any per- son because of the race, color, creed, age, religion, ordisability or national origin of such person. (2) To discriminate against any per- 631 son because of his race, color,creed, age, religion, national origin, or dis- ability in the terms. conditions or privileges of the sale, renta, lease assignment or sublease of any real property or housing accommodation or any part. portion or interest there- in. (3) To directly or indirectly adver- tise, or in any other manner indicate or pubticize that the purchase, ren- ta, lease a"ignment, or sublease of any real Property or housing accom- modation or any part, portion or in, terest therein, by persons ofanypar- ticular race, color, creed, age, reli- gion, national origin or disability is unwelcome. objectionable, not ac- ceptable ornot solicited." Passed, adopted, and approved this 19th day of December, 1977. EmilStackis Mayor ThomasA. TullyJr. Richard Wertzberger WalterA.Pregler Councilmen ATTEST, Leo F. Frommelt City Clerk Published officially in the Tetegraph Herald Newspaper this 22nd day of De- cember 1977. Leo F. Frommelt City Clerk It12/22 Councilman Tully moved final adop- tion of tbe Oedinance. Seconded by Councilman Pregler. Cacried by the fol- lowing vote: Yeas-Mayoe Stackis, Councilmen Preg- ler, Tully, Wertzberger. Nays-none. Abstain-Councilman Brady. Councilman Pregler moved that tbe City Managee peepare documents and advertise remaining proposals for Ur- ban Renewal Peopeety. MOTION DIED FOR LACK OF A SECOND. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Weetzberger. Carried by the following vote: Yeas-Mayor Slaekis, Councilmen Brady, Pregler, Tully, Weetzberger. Nays-none. Leo F. Frommelt City Clerk -~- -f--I , ' I-H I I t- t- ~ 0> ,..., ... "' .<= E "' '" ¿¡ '" '" ¿ ¡¡; ¡¡; -~ ~ ~ ~ w -;; '" "' "- w l~ 1: E .§ .~ <3 "0 w"O > w 8 Co '" §: .g 12 .. .. I ~ E-< .. I II