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1979 January Council Proceedings INDEX - BOOK 109 1979 SUBJEG z 45 46, 405 47 256 .1979 .1979 Wertzberger as Mayor was as follows: Yeas-Councilmembers Farrell, King, Tully, Wertzberger. Nays-Councllmember Brady. The City Clerk administered tbe oatb of office to Mayor Ricbard Wertzberger wbo took bis place in the Mayor's chair at the Council table. Councilmember Twly moved that Carolyn Farrell be elected to serve as Mayor Pro-Tern for the year 1979. Seconded by Councilmember King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. The City Clerk administered the oatb of office to Mayor Pro-Tern Carolyn Farrell. RESOLUTION NO. 1-79 Providing lor the appointment 01 a City Manager, City Clerk, and City Solicitor, lor the City 01 Duhuque, Iowa: Pro- viding lor their bonds, and fixing their salaries. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, lOW A: That the lollowing officers, be appoint- ed, subject however, to the right 01 the Council to declare such offices vacant or remove the officers therelrom as the pleasure of the Council with or without cause;"'and to be paid the compensation provided in the current budget¡and that the City Manager provide a bond in the amount 01 $5,000 and the City Solicitor provide a bond in the amount 01 $1,000 at their owu expense and that the City Clerk be covered under the blanket Honesty bond 01 the City. City Manager - Gilbert D. Chavenelle City Clerk - Leo F. Frommelt City Solicitor - R. N. Russo Passed, adopted and approved this 2nd day 01 January 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members Adjourned Regular Session, January 2,1979 CITY COUNCIL OFFICIAL Regular Session, January 1, 1979. No members of the council being present, the meeting was adjourned subject to cull. Leo F. Frommelt City Cierk Approved. Adopted ATTEST: Councilmembers Jan.16-ZoningAmendments,P&Zsubmittingsame. ................. 28,44 Feb.5-Zhnpro Inc., Notice of claim for labor and material furnished at DubuqueWasteWaterTreatmentFacility.... """ " 5-Zoning Board of Adjustment, appointments to same. ........... " 5.-Zenner, Jamce, appointed to Historic Preservation Commission. . Apr. 2-Zoning Board of Adjustment submitting minutes of their meet- ings.. ............""" .145, 165. 182, 242, 329, 350, 371, 387, 482, 521 May21-Zaccaro, Edward, granted Conditional Use Permit for Handi- craft Shop at 472W. 4th St. """"""""""'" ......'" 208 Jne.4-Zoning Regulations for territory involuntary annexed to City, establishing same.. .'" ................................. 243,285 " 18-Zoning Administrator for County to review street names for new subdivision and City requested to do same. . City Clerk CITY COUNCIL OFFICIAL Adjourned regular session, January 2, 1979. Council met at 7:30 p.m. IC.S.T.) Present: Councilmembers Brady, Farrell, King, Twly, Wertzberger. City Manager Gilbert D. Chavenelie. Meeting was culled to order by Retiring Mayor Twly. invocation was given by Rev. Norbert Barrett of St. Raphael's Cathedral. Retiring Mayor Tully expressed his thanks to the City Staff for their assistance given to him during his tenure of Mayor dnring 1978. Council member Tully asked that nominations be made for the appoint- ment of a Mayor. Council member Farreli moved that Richard Wertzberger be appointed Mayor for the City of Dubuque for the year 1979. Seconded by Council member King. No other nominations being made, Council member Farrell moved that nominations be closed. Seconded by Council member King. Carried by the foliowing vote: Yeas-Councilmembers Brady, Farren King, Tully, Wertzberger. Nays'--None. Vote on the motion for Richard ATTEST: Leo ~'. Frommelt City Clerk Council member Tully moved adoption olthe Resolution. Seconded by Couocil- member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Farrell, King, Tully. Nays-Councilmember Brady. Mayor Wertzberger swore in Gilbert D. Chavenelle as City Manager, Leo F. Frommelt as City Clerk and R. N. Russo as City Solicitor. Adjourned Regular Session, January 2, 1979 Maxim= IJe¡>O~' Maxim= Depo~' NAME OF D»'OSITORY WCA'I'ION in ,Hoc' nnd" pno, nnd" <!ri, ,.",Intion "",intion Am,n"'" 'fru" & Sa"""" Bank Dubnque. Iowa '15,000.000.00 '20.000,000.00 Dubuque ßank & 'I'm' Co. l>uhuque. Iowa $10.000,000.00 $l5.ooo,ooo.oo f'"", Nation'" ßank of I>uhuque Dubuqn'. Iowa $10.000.000.00 '15.000,000.00 Key C;¡y Bank 8. Tee" Co. Dubuque. Iowa '10,000.000.00 '10,000.000.00 RESOLUTION NO. 2-79 Designating the OIIicial Newspaper 01 the City 01 Duhuque, Iowa. BE IT RESOLVED BY TIfE CITY COUNCIL OF THE CITY OF DUBU- QUE, lOW A: That the TELEGRAPH HERALD, a newspaper of general circwation be appointed the official newspaper of the City of Dubuque, Iowa. Passed, adopted and approved this 2nd day of January 1979. Richard Wertzbe.rger MAYOR Thomas A. TWly, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farren, King, Tully. Nays-None. RESOLUTION NO. 3-79 BE IT RESOLVED BY TI1E CITY COUNCIL OF DUBUQUE, IN DUBU- QUE COUNTY, IOWA: That we do hereby desigoate the fonowing named banks to be deposi- tories of the City of Dubuque funds in amounts not to exceed the amount named opposite each of said desigonted depositories and the City Treasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the aggregate the amounts named for said banks as follows, to-wit: The vote on the resolution is as follows: Yeas-Councilmembers Brady, King, Farrell, Tully, Wertzberger. Nays-None. Dated at Dubuque, Iowa, this 2nd day of January, 1979. The amount author- ized by this resolution is hereby approved. Maurice E. Baringer Treasurer of State Leo F. Frommelt City Clerk Councilmember Farrell moved adop- tion of the Resolution. Seconded by Councilmember Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, 'l'ully. Nays-None. January 2,1979 Honorable Mayor and Members of the City Council: We hereby submit the Iollowing Iowa Official bonds for the year 1979. Gilbert D. Chavenelle City Manager - $5,000 Gerald Hird City Treasurer - $50,000 Gilbert D. Chavenelle City Manager Councilmember Tully moved that the communication be received and filed. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. December 21, 1978 Honorable Mayor and City Council: As City Manager, I wish to advise your Honorable Body that all officers and employees who I have power to appoint and are under my supervision, direction, and control and whose ap- pointments continue at the pleasure of the Manager, and who are now serving in their respective capacities, will be paid salaries in accordance with the detulled distribution of proposed ex- penditures for the period of July I, 1978 through June 30, 1979, as amended, which the Council establisbed at the time of budget hearing and as set out in the attacbed Wage, Salary and Benefit Book. Gilbert D. Chavenelle City Manager Councilmember Tully moved that the communication be received and filed and approved. Seconded by Council- member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Proclamations proclaiming month of January 1979, as "Alien Address Report Month" and year 1979 be observed as "Mercy Year" in Dubuque, were read and so proclaimed by Mayor Wertz- berger. Adjourned Regular Session, January 2, 1979 Proof of Publication, certified to by the Publisher. of Notice of public hearing providing for the revision of the Code of Ordinances Appendix "A" also koowu as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa by reclassifying The Sly 50' of Lot 12, Sly 50' of Lot 14, Lot 18, the Northwest 50' of Lot 17, the Southeast 87'-4" of Lot I7 and the Northeast '¡' of Lot 16 in Wicks Addn. from R-3 Residential District to C- I Local Service Commer- cial District also reclassifying Lot 7: the W'¡' of Lot 8; the East '/, of Lot 8: the West 44.5' of Lot 5: the East 93' 01 Lot 5; Lot 30 all in Ernst Fengler's Addn. from C-1 Local Service Commercial District to R-3 Residentiai District Classification, presented and read. No written objections were filed and no oral objectors were present at the hearing. Councilmember Tully moved that the proof of publication be received and filed. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 1-79 An Ordinance 01 the City 01 Dubnque, Iowa, providing that the Code 01 Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", by reclassifying properties at Farley Street and Rhomberg Avenue from R-3 Residential District Classifi- cation to C-1IAJeal Service Commercial District Classification and further, to reclassify properties at Fengler Street and Rhomberg Avenne from C-1 Local Service Commercial District Classifi- cation to R-3 Residential District Classi- fication, said Ordinance have been previously presented and read at the Council Meeting 01 December 4, 1978, presented for Iinal adoption. OIIDINANCE NO. 1-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended by revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", by reclassifying properties at Farley Street and Rhomberg Avenue from R-3 Resideutial District Classifi- cation to C-1 Local Service Commercial District Classification and further, to reclassify properties at Fengler Street and Rhomberg Avenue from C-1 Local Service Commercial District Classifi- cation to R'3 Residential District Classi- fication, Now therelore be it ordained by the City Couneil of the City 01 Dubuqne, Iowa: Section I. Thai the C<Jde of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, aÚJo k=wn M the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclo;;lSifying hereinafter described property from "R-3 Residential Distri£t" clo;;lSification to "C-l Local Service Commercial Dis- trict" clo;;sification, to wit: The Southerly 50 feet of Lot 12: the Southerly 50 feet of Lot 14: Lot 18: the Northwest 50 feet of Lot 17: the SoutheMt 87 feet 4 Inches of Lot 17: and the NertheMt '¡' of Lot 16 all In Wzck's Addition in the City of Dubu- que, Iowa. Section 2. Thai the Code of Ordinances of the City of Dubuque, Iowa be ameru1ed by revising Appendix A thereof, aÚJo k=wn M the "Zoning Ordi_ce and Zoning Map of the City of Dubuque, Iowa", by reclo;;sifying hereinafter described property from "C-l Local Service Commercial District" clo;;sification to "R-3 Residential Dis- trict'; clo;;sification to wit: Lot 7, the West '¡' of Lot 8: the EMt '¡'ofLot 8: the West #.5 feet of Lot 5: the East 93 feet of Lot 5: am Lot 30 all in Ernst Fengkr's Addition !n the City of Dubuque, Io= Section 3. That the foregoing ameru1- ments have heretofore been approved by the P14nmng and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of January, 1979. Richard Wertzberger Mayor Thomas A. 'l'ully, Jr. D. Michael King James E. Brady Carolyn Farren Councilmembers A'lYl'EST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of January, 1979. Leo F. Frommelt it 1/5 City Clerk Councilmember Tully moved finai adoption of the Ordinance. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Ordinance by repealing Section 4-117 of Article IV 4 Adjourned Regular SeBSion, January 2, 1979 C-6 Planned Commercial District and macting a new Section 4-117 in lieu hereof, presented and read. No written objections were Iiled and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilmember TWly moved that the proof of publication be received and Iiled. Seconded by Councilmember King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 2-79 An Ordinanee 01 the City 01 Duhuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended hy revising Appeodix A there- of, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Duhuque, Iowa", repealing regulations and pro- visions 01 Article IV, Section 4-117, C-6 Phumed Commfrclal District, and en- . acting new regldations and provisions to Article IV, Sectioo 4.117, C-6 Planned Commercial District, said Ordinance having been previously presented and read at the Council Meetiog 01 December 4, 1978, preseoted lor IinaI adoption. ORDINANCE NO. 2-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended by revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", repealing regulations and pro- visions 01 Article IV, Section 4-117, C-6 Planned Commercial District, and en- acting new regulation and peovisions to Article IV, Section 4-117, C-6 Planned Commercial District, Now therelore be it ordained by the City Council 01 the City 01 Dubuque, Iowa: Minimum Required Setback from nearest public street (in feet) Minimum Required Setback from adjoining Residential or Office-Residential District (in feet) Maximum Building Height (in feet) Mimmum Required Off-Street Parking Spaces Sectioo 1. That the Code of Or- dino:nces of the City of Dubuque, Iowa, be amended by revimng Appendix A thereof, also krwwn Ill! the "Zoning Ordinance a:nd Zaning Map of the City of Dubuque, Iowa", by repealing SectÙ", 4-117 of Artick Iv, C.6 Planned Commercial District and er=ting a new Section 4-117 of Artick Iv, C-6 Pionned Commercial District, to wit: "Article IV District regldations Section 4-117 C-6 Planned Commercial District 4-117.2 Principal Permitted Uses In the C-6 Commercial District, no bullding, structure, or land shull be used, and no bullding or structure shall be built or altered to be used in whole or in part, except for the following purposes: 1) Retail merchandise sales; 2) De- partment stores; 3) Prolessional ollice use; 4) Service uses; 5) Indoor res- taurants or drive.in restaurants; 6) Parlång lots. Section 4-117.3 Accessory Uses The following accessory uses shull be permitted in the C-6 Commercial Dis- trict. 1) All uses customarily incident to a principal permitted use llsted in Section 4-117.2, except those uses listed as Conditional Uses for this district (See Section 4-117.4). 4-117.4 Conditional Uses The following uses are permitted in the C-6 Commercial District, but only in accordance with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Per- mits: 1) (Reserved for future use) 4-117.5 Schedule 01 District Regulations Adopted C-6 Sehedule 01 District Regulatioos All Principal Permitted Uses, Accessory Uses, or Conditional Uses 75' As specified on the approved C-6 District plan but not less than 12 feet. 45' 1.0 per 200 square feet of gross floor area Adjourned Regular SeBSion, January 2, 1979 Additional regwations for the C-6 The City of Dubuqne Planning and Commercial District shall be as set forth Zoning Commission has reviewed the in the C-6 Scheduie of District Regula- petition of Mr. Agustin Pascual seeking tions, hereby adopted by reference and an R-3 Residential District classification declared to be part of this ordinance, on property owued by the University of and in Article V of this ordinance Dubuque and lying within its ID 1nstitu- entitled "Supplementary District Regu- tional District boundaries. Mr. Pascual lations". is the purchaser of the property which Section 4-117.6 Special Provisions is located on the northeast corner of Governing the Expansion of Existing University Avewe and AIgona Street C-6 Commercial Districts and Uses at 1997 University Avenue. Contained Therein. In reviewing the petition, the Plan- 4-117.6.2 Expansion of Existing ning and Zoning Commission finds that Buildings and Addition 01 New Buil- the Zoning Ordinance prohibits any uses dings or Uses. in the ID District which are not related No expansion of existing buildings and to the Institution and reqaires that the no addition of new bwldiogs or uses purchaser seek appropriate reciassifica- shull be permitted within an existing tion of the property prior to commence- C-6 Planned Commercial District except ment of any use on the premises. The as a plan for the entire district inclnding Commission also finds that inclusion of such expansion or addition is submitted the subject property in the R-3 Residen- and approved in accordance with the tial District as requested is a natural requirements and procedures of Section extension of the zoning district pre- 4-110 of this ordinance. This provision sently in effect along University Ave- shull not apply to the addition of nue from Loras Boulevard to Grandview accessory storage, mechaIrical equip- Avenue. ment space, or similar floor area Further, the Commission has deter- excluded from the definition of "floor mined that the petition meets the area" applicabie to computation of criteria of a minor reclassification as set off-street parking requirements pro- forth in Article VIII, Section 8-103.3 of vided that: the Zoning Ordinance. Therefore, in 1) Such addition does not violate any the interest of conserving time, the other provision of this ordinance, and 2) Commission has voted to approve the Snch addition is not in conflict with an request without holding a public approved plan for the C-6 Plauned hearing as authorized in Article VIiI, Commercial District in which it is to be Section 8-103.2 of the Zoning Ordi- located." nance. Section 2. That the fffregoing amend- The Planning and Zoning Commission ment has heretofore been approved by recommends your favorable considera- the Planning a:nd Zoning Commission of tion of the above described zoning the City of Dubuque, Iowa. petition. Passed, approved and adopted this City Plauning and Zoning Commission 2nd day of January, 1979. James D. Burke Richard Wertzberger Associate City Planner MAYOR Councilmember Farrell moved that Thomas A. Tully, Jr. the communication be received and D. Michael King filed. Seconded by Couneilmember James E. Brady Brady. Carried by the following vote: Carolyn Farrell Yeas-Mayor Wertzberger, Council- Councilmembers members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE 01 the City 01 Dubu. que, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended hy revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map of the City 01 Dubuque, Iowa", by reclassifying peoperty at 1997 University Avenue from ID institu- tional District Classification to R-3 Residential District Classification, pre- sented and read. Councilmember Farrell moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilmember Brady. Carried by the following vote: ATTEST: Leu F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of January, 1979. 1t 1/5 Leu F. Frommelt City Clerk Councilmember Tully moved final ad- option of the Ordinance. Seconded by Councilmember King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Twly. Nays-None. December 15, 1978 Honorable Mayor aud City Council -"--~ .~'~"-- 6 Adjourned Regular Session,January 2,1979 Yeas-Mayor Wertzberger, Council- Councilmember Tully moved that the members Brady, Farrell, King, Tully. communication be received and filed. Nays-None. Seconded by Councilmember Farrell. Counciimember Farren moved that Carried by the Iollowing vote: the rille requiring an Ordinance to be Yeas-Mayor Wertzbergcr, Council- received and filed at two meetings prior members Brady, Farrell, King, Tully. to the meeting when final action is Nays-None. taken be dispensed with. Seconded by RESOLUTION NO. 4-79 Councilmember Brady. Carried by the Resolution approving the plat 01 Lot 1 followmgvote: and Lot 2 01 Lot 1 of Lot 1 01 Lot 1 of Yeas-Mayor Wertzberger, Council- Lot I 01 1"t 2 01 Lot I 01 Lot I of members Brady, Farrell, King, Tully. Mineral Lot 139 in the City of Dubuque, Nays-None. Iowa. Councllmemher Farrell moved that a publlc hearing be held on the Ordinance on February 5,1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publlsh notice of the henring in the manner required by law. Seconded by Counciimember Brady. Carried by the Iollowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. December 15, 1978 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has reviewed a final plat submitted by Nicholas Schrup proposing to subdivide Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 139 into Lots I and 2 of that subdivision. The property is located approximately 442 feet east of Wartburg Place and abuts property in the owuership of the Dubuque Golf and Country Club in the City of Dubuque, Iowa. The Commission has found that the intent of the proposed plat is to allow transfer of owuersbip of Lot 2 to tbe Dubuque Golf and Country Club. They have also found that the plat complies with the City's Subdivision and Zoning Ordinances except that Lot 2 does not have public street frontage. The Commission has voted to approve the plat including the waiver of the street frontage requirement for pro- posed Lot 2 conditioned on the under- standing that. no development will be permitted on that lot unless it is combined with anotber lot or lots which do have frontage. That condition is set forth in the Resolution accompanying the plat. Accordingly, the Planning and Zoning Commission recommends your favorable consideration of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 01 Lot 1 of Mineral Lot 139 subject to tbe above-noted condition. City Planning and Zoning Commission James D. Burke Associate City Planner WHEREAS, there has been filed with the City Clerk a plat 01 the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 2 of ¡",t 1 of I",t 1 of Mineral I",t 139 to be known as Lot 1 and Lot 2 of I",t 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 o¡¡",t 1 of Lot I of Mineral Lot 139 in the City of Dubuque, Iowa: and WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission and they find that the same conforms to the statutues and ordi- nances relating thereto, except that the proposed Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 139 does not have street frontage; and WHEREAS, said plat has been ap- proved by the Planning and Zoning Commission on the condition that pro- posed Lot 2 of Lot 1 of I",t I of Lot I of Lot I of I",t 2 of Lot 1 of Lot I of Mineral Lot 139 cannot be developed except as part of another lot or lots which have frontage on a public street: and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that the proposed Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of I",t 2 of Lot 1 of Lot 1 of Mineral 139 does not front on a public street; and WHEREAS, The City Council concurs in the condition of approval established by the City Planning and Zoning Commission. NOW THEREFORE BE IT RE- SOLVED BY TI1E CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the plat of the subdivision of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 20f Lot 1 of Lot 1 of Mineral Lot 139 in the City of Dubuque, Iowa, be and the same is hereby awroved and the Mayor and Oity Clerk ore hereby autlwrized œnd directed to endorse the awroval of the Oity of Dubuque, Ioua upon said plat, Adjourned Regular Session, January 2, 1979 provided that the OWlWr of said pro- perty slwll execute a written o£ceptance hereto attæhed, adcrwwledging and agreeing: (a) That Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 189 canrwt be developed except (U¡ it is rrwde part of a con- forming z<ming lot which h(U¡ public str'eet frontage. Section 2. That in the event that the owner fails to execute the Acceptance provided for in Sectian 1 herein within forty-five I 45) days after' the date of this Hesolutian, the provisians herein shall be null and void and the awroval .f the Plat shall not be effective. Passed, adopted and approved this 2nd day of January, 1979. Richard Wertzberger MAYOR Thomas A. TIrily, Jr. D. Michael King James E. Brady Carolyn Farren Council Members ATI'EST: Leo F. Frommelt City Clerk ACCEPTANCE We, the undersigned Nicholas J. Schrup and Mitzi M. Schrnp having read the terms and conditions of the foregoing Resolution No. 4-79, and being familiar with the condition there- of, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa, this 29th day of January, 1979. Nicholas J. Schrup Mitzi M. Schrup Councilmember TIrily moved adoption of the Resolution. Seconded by Council- member Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays~None. December 15, 1978 Honorable Mayor and City Council The City of Dubuque Planoing and Zoning Commission has reviewed two final plats proposing to subdivide pro- perty in Heim Subdivision which is located to the north and west of the Capital-Myers Cox Company building at 175 West Thirty-Second Street in the City of Dubuque, Iowa. The first plat subdivides Lot 2 and Lot 2 of Lot 2 of Lot 1 of Heim Subdivision into 2 lots and the second plat subdivides Lot 1 of I Lot 2 of Lot 1 of Heim Subdivision into two lots. The Commission has found that the intent of the proposed plats is to accommodate a transfer of owuership. They have also found that the plats are in compliance with the City's Subdivi- sion and Zoning Ordinances except that Lot 1 of Lot 2 of Lot 2 of Lot 1 of Heim Subdivision does not front on a public street. The Plauning and Zoning Commis- sion has voted to approve the plats including the waiver of the street frontage requirement for Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Heim Subdivision conditioned on the under- standing that no development will be permitted on that lot unless it is combined with other lots which do have frontage. That condition is set forth in the Resolution accompanying the plats. Accordingly, the Planning and Zoning Commission recommends your favorable consideration of the two final plats of snbdivision of Heim Subdivision subjeci to the above-noted conditioo. City Planoing and Zoning Commission JamesD. Burke Associate City Planoer Councilmember Tuny moved that the communication be received and filed. Seconded by Councilmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. RESOLUTION NO. 5-79 Resolution approving the plat 01 the Subdivisiou 01 Lot 2 01 Heim Subdivi- sion 01 Lot 2 01 Lot 2 01 Lot 1 01 Heim Snbdivision in the City 01 Duhuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the subdivision of Lot 2 of Heim Subdivision and Lot 2 of Lot 2 of Lot 1 of Heim Subdivision in the City of Dubuque, Iowa, to be knowu as Lot 1 and Lot 2 of Lot 2 of Heim Subdivision and Lot 1 and Lot 2 of Lot 2 of Lot 2 of Lot 1 of Heim Subdivision in the City of Dubuque, Iowa; and WHEREAS, said plat has been exa- mined by the City Planning and Zoning Commission and they have found that the same conforms to the statutes and ordinances relating thereto, except that Lot 1 of Lot 2 of Heim Subdivision and Lot 1 of Lot 2 of Lot 2 of Lot 1 of Heim Subdivision do not have public street frontage; and WHEREAS, said plat has been ap- proved by the Planning and Zoning Commission on the condition that Lot 1 of Lot 2 of Heim Subdivision and Lot 1 of Lot 2 of Lot 2 of Lot 1 of Heim Subdivision cannot be developed except as part of another lot or lots which have frontage on a public street; and Adjourned Regular Session, January 2, 1979 WHEREAS, said plat has beeo exa- Councilmember Twly moved adoption mined by the City Council and they find of the Resolution. Seconded by Council- that the same conforms to statutes and member Farrell. Carried by the ordinances relating thereto, except that following vote: Lot 1 of Lot 2 of Heim Subdivision and Yeas-Mayor Wertzberger, Council- Lot 1 of Lot 2 of Lot 2 of Lot 1 of Heim members Brady, Farrell, King, Tully. Subdivision do not front on a public Nays-None. street; and RESOI,UTION NO. 6-79 Resolution approving the plat of the Subdivision 01 Lot I of Lot 2 01 Lot I 01 Heim Subdivision in the City of Dubu- que Iowa. WHEREAS, there has been filed with the City Clerk a plat of the subdivision of Lot 1 of Lot 2 of Lot 1 of Heim Subdivision in the City of Dubuque, Iowa to be knowu as Lot 1 and Lot 2 of Lot 1 of Lot 2 of Lot 1 of Heim Subdivision in the City 01 Dnbuque, Iowa. WHEREAS, said plat has been exa- mined by the City Planning and Zoning Commission and had its approval en- dorsed thereon; and 8 WHEREAS, the City Conncil concurs in the condition of approval established by the City Plauning and Zoning Commission. NOW TIfEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF TIfE CITY OF DUBUQUE, IOWA: Section 1. That the plat of subdivision of Lot 1 and Lot 2 of Lot 2 of Heim Subdivision œnd Lot 1 œnd Lot 2 of Lot 2 of Lot 2 of Lot 1 in He'!1n Subdivision in the Oity of Dubuqv£, Iowa be œnd the approval of the Oity of Dubuqv£, Iowa upon said pint, provided that the owner of said property shall execute a written O£cepta:n£e hereto attO£hed, O£know- /.edging œnd agreeing: (a) That Lot 1 of Lot 2 of Heim Subdivision œnd Lot 1 of Lot 2 of Lot 2 of Lot 1 of Heim Subdivision in the City of Dubuqv£, Iowa cannot be developed except as they are mode part of a cariforming zoning lot or lots which have public street frontage. Passed, approved and adopted this 2nd day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE We, the undersigned proprietors and owuers having read the terms and conditions of the foregoing Resolntion No. 5-79, and being familiar with the condition thereof, hereby accept the same and agree to the condition re- quired therein. Dated at Dubuque, Iowa, this 23rd day of January, 1979. Ralpb H. Mueller J. A. Carew, President My-Cap Vendors, Inc. Lorraine Mueller Allan J. Carew, Secretary My-Cap Vendors, Inc. Adjourned Regular Session, January 2, 1979 ---- ----- ---- RESOLUTION NO. 7-79 WHEREAS, the City of Dubuque, Iowa, throngh its Board of Dock Com- missioners, and DUBUQUE BARGE & FLEETING SERVICE COMPANY, an Iowa corporation, have entered into an Exclusive Option to Lease certain real estate described as: The South 400 feet of that tract of real estate more fwly described and set forth in Exhibit A attached to Lease and Agreement between City of Dubn- que, Iowa, and Dubuque Barge & Fleeting Service Company, dated the 20th day of April, 1977, said Plat being referred to as Plat of "Newt Marine Service" Lease No.2: and WHEREAS, said Exclusive Option to Lease also provides for the leasing by Dubuque Barge & Fleeting Service Company from City of Dnbuque, Iowa additional parcel of land being that portion of Block E in Booth's Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, lying south of the southerly clearance of the Burling- ton Northern Railroad tracks as now located which abuts the property cur- rently being ieased by Lessee from Lessor, the terms and conditions of said Exclusive Option of Lease are set ont therein, a copy of which is attached and by reference made a part hereof as though fully set out herein: and WHEREAS, the City Council of the City of Dubuque, Iowa has exarmoed said Exclusive Option to Lease and attachments thereto and approved the same, NOW TIfEREFORE BE IT RE- SOLVED BY TIfE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Exclusive Option to Lease by and between the Oity of Dubuqv£, Iowa, by œnd through its Board of Dock Commissioners, œnd Dubuqv£ Barge & F7.eeting Service Company, dated the 20th day of April, 1977, be and the same is hereby approved. Section 2. Thot the Oity Clerk be WId he is hereby authorized and directed to publish notice of said Exclusive Q¡Jtion to Lease as is by law required. Passed, adopted and approved this 2nd day of Jannary, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk WHEREAS, said plat has been exa- mined by the City Conncil, and the City Conncil finds that same conforms to statutes and ordinances relating there- to: NOW TIfEREFORE BE IT RE- SOLVED BY TIfE CITY COUNCIL OF TIfE CITY OF DUBUQUE, IOWA: Section 1. That the pint of - the subdivision of Lot 1 œnd Lot 2 of Lot 1 of Lot 2 of Lot 1 of Heim Subdivision in the City of Dubuqv£, Iowa be œnd the same is hereby approved and the Mayor and Oity Clerk are hereby authorized and directed to <mdorse the approval of the Oity of Dubuqv£, Iowa upon said plat: Passed, approved and adopted this 2nd day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michaei King James E. Brady Carolyn Farreil Council Members ATTEST: Leo F. Frommelt City Clerk Councilmember TWly moved adoption of the Resolution. Seconded by Council- member Farreil. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farreil, King, Tully. Nays-None. Councilmember TWly moved adoption of the Resolution and set public hearing for January 15, 1979 at 7:30 o'clock P.M. in the Council Chambers. Second- ed by Councilmember Farreil. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farreil, King, Tully. Nays-None. Councilmember Brady further moved that the Dock Commission be instructed to look at the option of creating property south of the switch track. Seconded by Councilmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. Petition of John H. Rhomberg, thru his attorney, requesting that the Water Department be directed to issue hook- up permit without payment of assess- ment to property at W. 32nd & Grandview dne to previous agreement with Mr. Dix, presented and read. Councilmember Farreil moved that the petition be referred to the City Attorney for investigation and report. Seconded by Counciimember Tully. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farreil, King, Tuny. Nays-None. ORDINANCE NO. 3-79 An Ordinance 01 the City of Duhuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa be amended by ndding a new Article m to Chapter 35 thereol to provide lor the imposition 01 a Hotel and Motel Tax at the rate 01 5 percent 01 the gross receipts derived from the rental 01 Hotel and Motel Rooms, Apartments and Sleeping Quarters. Councilmember F'arren moved that the reading just had bo considered the first reading of the Ordinance. Second- cd by Councilmember Tully. Carried by the foilowing vote: . Yeas-Mayor Wertzberger, Conncil- members Brady, Farrell, King, Tully. Nays-None. Councilmember Farreil moved that the rille requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilmember Tully. Carried by the foilowing, vote: Yeas-Mayor Wertzberger, Council- members Brady, Farreil, King, TWly. Nays-None. ORDINANCE NO. 3-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 10 Adjourned Regular Session, January 2,1979 Ordinanres, City 01 Dubuque, Iowa, be amended by adding a new Article m to Chapter 35 thereol to provide lor the imposition 01 a Hotel and Motel Tax at the rate 01 5 percent 01 the gross receipts derived !rom the rental 01 Hotel and Motel Rooms, Apartments and Sleeping Quarters. WHEREAS, the electorate of the City of Dubuque, Iowa, by majority vote, did on the 7th day 01 November, 1978 vote in favor 01 the imposition of a hotel and motel tax: NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF TIfE CITY OF DUBUQUE, lOW A: Section 1. That the Code of Or- dinances of the Oity of Dubuque, Iowa be and the same is hereby amended by adding thereto the foUowing Article to Chapter 95 thereof Wi folwws: "ArtüMm. Hutel and Motel Tax. Se<. 35-17. Definitions. a. 'Hotel' œnJÌ 'motel' shall be deemed to mean any hotel, motel, inn, public wdging house, rooming house or tour- ilft court, or any pùwe where sleeping rrecomodati<ms are furnished to tran- sient guests for rent, whether with or without meals, except the gross re- ceipts from the renting of sleepIng rooms in darmitDries œnJÌ in memorial uni<ms of all State of Iowa universities and coUeges. b. 'Renting' and 'rent' sholl inclnde any kind of direct or indirect charge for any room, apartment or sleeping rpmrter in a hotel or motel, Wi defined in this chapter. Se<. 35-1S. Tax Rate. A tax is hereby imposed upon the gross receipts from the renting of any and all rooms, apartments or sleeping rpmrters in any hotel or motel Wi de- fined in this chapter at the rate of five percent (5%) of such gross receipts derived from the renttng of a room, apartment or sleeping quarter while rented by the same person for a peri- od of wt more than thirty-<me 191) consecutive days. Se<. 35-19. Effective Date. A tax is herein provided for shall be imposed commencing on the 1st day of April, 1979. Se<. 35-20. Payment 01 Tax. S1v:h tax shall be pW1 Wi is provided in Senate File 0"6, Acts of the 67th General Assembly, 2nd Session. " Section 2. AU ordinances or parts of ordinances in conflict with the provi- sions of this ordinrmce are hereby re- pealed. Section 3. This ordinrmce shall be in full force œnJÌ effect after its passage, approval and publication Wi is by law provided. Passed, approved and adopted this 2nd day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tllily, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in tbe Telegraph Herald Newspaper tills 5th day of January, 1979. Itl/5 Leo F. Frommelt City Clerk Councilmember Farren moved final adoption of the Ordinance. Seconded by Councilmember Tillly. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager re- questing authority to publish notice of a public hearing go, . General Revenue sented and read. ----~ moved that the request be approved. Seconded by Councilmember Brady. Carried by tbe fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. RESOLUTION NO. 8-79 BE IT RESOLVED, by the City Council ef tbe City of Dubuque, Iowa, that tbe following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. David E. Adams 205 Locust Street Passed, adopted and approved tbis 2nd day of January, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farren Councilmembers ATTEST: Leo F. Frommelt City Clerk Councilmember Brady moved adoption of the Resolution. Seconded by Council- ., member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Adjourned Regular Session, January 2, 1979 II RESOLUTION NO. 9-79 WHEHEAS, Applications for Liquor Licenses have been submitted to this Council lor approval and the same have been examined and approved: and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW TIfEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the Mana~ ger be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" ICOMMERCIAL) BEER AND LIQUOR LICENSE Kachevas, Inc. 655 Dodge Street ( Also Sunday Sales) Pusateri Bros. 2400 Central Ave. Duvid H. Hollman 450 W. Locust St. Passed, adopted and approved this 2nd day of January, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farren Councilmembers ATTEST: Leo F. Frommelt City Clerk Councilmember Brady moved adoption of the Resolution. Seconded by Council- member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of People's Natural Gas advising of an increase of 2.163c per hundred cubic ft. in lieu of 1.282c per hundred cubic ft. increase contained in their notice of November 27, 1978, presented and reaol. Councilmember Farrell moved that the communication be received and file. Seconded by Councilmember Tillly. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of HUD, Des Moines Office, advising of an allocation of $10,696,000.00 in annual governmental rental assistance FY'79 to be allocated under the Fair, Share Plan to help low-income families: also submitting legal notice of fund avallability, pre- sented IUld read. Councilmember Tully moved that the commumcation be received and filed and referred to Staff. Seconded by Councilmember King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of Housing Commis- sion representatives to the Housing Code Review Committee recommending the Housing Code Enforcement with some modifications and suggestions, presented and read. Councilmember Tully moved that the commumcation be received and filed and referred to the Council Meeting to be held on January 15, 1979. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. MINUTES SUBMITTED - Planning & Zoning Commission of December 13, 1978: Housing Commission of November 28 and December 19, 1978: Housing Rehabilitation Commission of November 28, 1978 and Historic Preservation Commission of December 18, 1975, presented and read. Councilmember Tully moved that the minutes be received and filed. Second- ed by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of Human Rights sub- mitting FY78 AIfirmative Action Re- port, presented and read. Councilmember Tuny moved that the report be received and filed. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of List of Claims, Re- ceipts and Expenditures for November, 1978, presented and read. Councilmember Tully moved that the proof of publication be received and filed. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. --NOTICES OF CLAIMS -- Keith H. Ludwig, in the amount of $55, for expense incurred as the resillt of a backed-up sewer at 2030 Milllen Road on December 16, 1978: Dorothy I. Frohs, in an undetermined amount, for personal injnries received in a fall in the 12 Adjourned Regular Session, January 2, 1979 Towu Clock Plaza on December 4, 1978: John C. & Mary Daack, in the amount of $501.61, for car and truck damage incurred as the result of being struck by snow removing equipment on December 3, 1978; Communication of Iowa Nation- al Mutual Insurance Co. seeking re- covery in the amount of $38ü.43 from the City for a claim paid to their client Monica Brown due to a car accident involving the city street sweeper; Notice of Suit of Manternach Brothers Investment Group, in the amount of $208,917.80, on three counts as the reswt of acceptance of Aerostar Drive by tbe City in Terrace Heights Sub. and subsequently completion of same is being held up due to a culvert condition; Marcella M. Steil, in estimated amount of $1,604.40 for personal injuries re- ceived in a fan in alley between Main & Locust Streets on 8th Street on Decem- ber 3, 1978, presented and read. Councilmember Tully moved that the Notices of Claims be referred to the City Solicitor for investigation and report. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of City Attorney re- commending settlement of car damage claim of John L. Oehrle, in the amount of $20, presented and read. Councllmember Tully moved that the recommendation of settlement be ap- proved and City Auditor directed to issue proper warrant. Seconded by Councilmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of City Attorney ad- vising of dismissal of action taken by Agnes & Robert Wagner vs. Chicago and North Western Transportation Company and the City, tbird party defendant, for personal injuries at no cost to the Ctiy, presented and read. Councilmember Tully moved tbat the communication be received and filed. Seconded by Councilmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Petition of Upstage Lounge requesting a Cigarette refund in the amount of $50, on unused portion of License #1546; Thelma Lenstra requesting refund of $50 on unexpired Cigarette License #1474, presented and read. Councilmember Tully moved that the refunds be approved and City Auditor directed to issue proper warrants. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King. Tully. Nays-None. Petition of Keyline Transit Board et al requesting study be made of "Viaduct Bridge" at Peru Rd. with emphasis on updating the viadoct, presented and read. . Councilmember Tully moved that the petition be referred to City Manager and Staff. Seconded by Councilmember Fàrrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Petition of Bernard & Lawrence Hefel requesting to install street lighting in Buckeye Ct. and Hawkeye Dr. in Hawkeye Estate Addition, presented and read. Counciimember Tully moved that the petition be referred to the City Mana- ger. Seconded by Councilmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of State Department of Health recommending that cities maintain a fluoride level within tbe range of 1.0 to 1.2 mg./liter, presented and read. Councilmember Tully moved that the communication be received and filed. Seconded by Councilmember Farreil. Carried by the Iollowing vote: Yeas-Mayor Wertzberger, Conncil- members Brady, Farrell, King, Tully. Nays-None. TO: Mayor Thomas A. Tully, Jr. Dubuque City Council City Manager Gilbert Chavanelle City Clerk Leo F. Frommelt City Solicitor R. N. Russo Mayor Tully, councilmembers and city officials: As you are undoubtedly aware, a new statute covering the responsibility of government to conduct open meetings will go into effect on January 1, 1979. The Dubuque Telegrapb Herald is committed to informing the public about the actions of government, as well as any contributing rationales to decisions. Requirements for notifying press and electronic news media are intended to foster public access. If we don't know meetings are being held, we can neither tell our readers bow to attend nor inform them about what happened. Therefore, under the provisions of Bection 28A.4, Iowa Code, the Tele- graph Herald requests notice of the Adjnurned Regular Session, January 2, 1979 time. date, place and tentative agenda of any meeting of the Dubuque City Councilor its appointed bodies, includ- ing temporary committees or subunits. It is most important to this newspaper that notices be received at least 24 hoOTs in advance because of printing time. We wowd prefer notice to be h~veo at least 48 hours in advance, if that can be accommodated. The new law is specific about require- ments. We hope Dubuque officials, their appointed and subsidiary bodies will comply with both its letter and intent by resolving any existing am- biguities in favor of openness, as the act's first section charges. Although city government generally has been cooperative in the past, many boards have neglected to notify the press in the past, some on a continIriog basis. Your upcoming seminar on open meetings law is an encouraging indica- tion that the city council is dedicated to open government. The Telegraph Herald appreciates this frame of mind and looks forward to your cooperation. Please send meeting notices to: LOCAL NEWS DESK DUBUQUE TELEGRAPH HERALD PO Box 638 Eighth and Bluif Streets Dubuque, Iowa 52001 OR Bob Freund City Reporter at the same address. The local news desk can be notified by phone at 588-5671 and Freund's number is 588-5753. Local meeting notices usually are printed in the "Around Towu" sectiou of the paper under the heading "Public meetings" . Your cooperation will be greatly appreciated. BOB FREUND City Reporter BILL HETLAND Assistant Managing Editor Councilmember Tully moved that the commnnication be received and made a matter of record. Seconded by Council- member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Councilmember Twly moved that William Conzett be reappointed to the Dock O,mmission for a 3 year term expiring 11-26-81. Seconded by Councilmember Farrell. After discussion, Council member Brady, moved to table the nomination of 13 William Conzett to the Dock Comnns- sion. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren. Nays-Councilmembers Tully, King. City Solieitor Russo submitted a ver- bal recommendation to deny the letter of objection received from Hawkeye Socurity regarding secnrity at the Airport and adopt the Airport Commis- sion's action. Councilmember TWly moved that the recommendation be approved. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. There being no further business, Councilmember Farrell moved to ad- journ. Seconded by Councilmember Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Approved. Adopted. Leo F. Frommelt City Clerk .1979 .1979 Councilmembers ATTEST: Leo F. Frommelt City Clerk 14 Adjourned SpeeiaI Session, January 16, 1979 CITY COUNCIL OFfiCIAL Special Session, January 15, 1979. No members of the. Council being present the meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved. . . . Adopted. .1979 .1979 Councilmembers ATTEST: Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Adjourned Special Session, January 16, 1979. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Wertzberger, Council members Brady, Farrell, King, Twly. City Manager Gilbert D. Chavenelle. Mayor Wertzberger read the call and stated that service thereof had been duly made and this a AN ADJOURNED MEETING of the Special Meeting sche- dilled for January 15, 1979 called for the purpose of CONDUCTING PUBLIC HEARING ON VARIOUS ZONING ORDINANCES and acting upon such other business as may properly come before a Regular Meeting of the Council. Proclamations proclaiming week of Jannary 21 to 27, 1979 as "Junior Achievement Week" and week of March 11 to 17, 1979 as "Poison Control Week" were read and so proclaimed by Mayor Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Or- dinance, Appendix A, by reclassifying recently annexed Lot 2 of 2 of 1, and Lot 1 of 1 of 2 of 1 in Hawkeye Stock Farm Section 28 TS9N R2E 5th P.M. from AG Agricwtural District to C-6 Planned Commercial District, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilmember Tully moved that the proof of publication be received and filed. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 4-79 An Ordinance 01 the City 01 Dubnque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended by revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", by reclassifying territory recent- ly annexed upon voluntary petition to the City 01 Dubuque, Iowa, in "Haw- keye Stock Form", !rom AG Agricwtur- aI District Classification to C-6 Planned Commercial District Classificatiou, which real estate is hereinafter de- scribed as Lot 2 01 2 011, and Lot 1 01 1 01 2 of 1 01 Hawkeye Stock Farm Section 28 TS9N R2E 5th PM, said Ordioance having been previously presented and read at the Council Meeting of December 4, 1978, pre- sented for final adoption. ORDINANCE NO. 4-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code of Ordinances, City 01 Dubuque, Iowa, be amended hy revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", hy reclassifying territory recent- ly annexed upon voluntary petition to the City 01 Duhuque, Iowa, in "Haw- keye Stock Farm",!rom AG Agrieultur- aI District Classification to C-6 Planned Commercial District Classification, which real estate is hereinafter de- scribed. WHEREAS, the real estate herein- after described was recently annexed to, and became part of the City of Du- buque, Iowa, by Resolntion No. 353-78 of the City Council, passed, approved, and and adopted at its meeting of October 16, 1978, which annexation was upon voluntary petition. NOW TIfEREFORE BE IT ORDAIN- ED BY TIfE CiTY COUNCIL OF TIfE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the Oity of Dubuque, Iowa, be amended by revising Appendix A there- of olso krwwn WI the "Zoning Ordinance o:rui. Zoning Map of the Oity of Dubuque, Iowa", by reclÆsifying recently an- nexed property from "AG Agri<:ulturoJ District" clÆsification to "C-6 Planned Commercial District" classification, which reoJ estate is hereinafter de- scribed, to wit: Adjourned Special Sessiou, January 16, 1979 Ú!t 2 of Lot 2 of Ú!t 1, of Lot 1 of Lot 1 of Lot 2 of Lot 1 of "Hawkeye Stock Farm", Section 28, Township 89 Nemh, Range 2 EWlt of the 5th Pr"",ipol Meridian in the City of I)ubuque, Iowa. Section 2. That the f()Tegoing amend- ment hWi heretofore been approved by the Planmng and ZonIng Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCILMEMBERS ATTEST: Leo F. Frommelt City Clerk Published oflicially in the Telegraph Herald Newspaper this 19th day of January, 1979. 1t 1/19 Leo F. Frommelt City Clerk Councilmember Twly moved final adoption of the Ordinance. Seconded by Councilmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of notice of Public Hearing to amend the Zoning Ordi- nance, Appendix A, establishing a Planned Unit Development designation on Lot 20f2 011 and Lot 1 of 1 of2 of 1 of Hawkeye Stock Farm lying in C-6 Planned Commercial District at Hwy. 20 & Mercer Drive, presented and read. No written objections were received and no oral objectors were present in the Council Chambers at the time of the hearing. Councilmember Tully moved that the proof of publlcation be received and filed. Seconded by Councilmember King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. ORDINANCE NO. 5-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Duhuque, Iowa", which amendment shall establish a Planned Unit Development Designa- tion on property lying in a C-6 Planned Commercial District at the Southwest intersection 01 U.S. Highway 20 and 15 Mercer Drive, said ordinance having been previously presented and read at the Council Meeting of December 4, 1978, pre- sented for final adoption. ORDINANCE NO. 5-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended hy revising Appendix A there. 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", which amendment shall establish a Planned Unit Development Designa- tion on property lying in a C-6 Planned Commercial District at the Southwest intersection 01 u.S. Highway 20 and Mercer Drive. NOW TIfEREFORE BE IT ORDAIN- ED BY TIfE CITY COUNCIL OF TIfE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the Oity of Dubuque, Iowa, be amended by revising Appendix A there- of, olso krwwn WI the "Zoning Ordi- nance and Zoning Map of the City of Dubuque, Iowa", by establishIng a "Planned Unit Development" designa- tion on property in a "C-6 Planned Commercial District" classification which reoJ estate is described to wit: Ú!t 2 of Ú!t 2 of Ú!t 1, and Ú!t 1 of Ú!t 1 of Lot 2 of Ú!t 1 of Hawkeye Stock Farm, Section 28, Township 89 North, Rœnge 2 EWlt of the 5th Principol Meridian, In the City of Dubuque, Iowa. Section 2. That the "Pi<mned Unit Development" designatifm a:pplied to the property herein described is a tentative re-classification and final OJioptifm of the amendment as set femh In Section 1 of this Ordinance slwll be subject to the reqvÙ'ements of Section 4-I10.1I.3 of Ordinance No. 32-75, krwwn as the "Z=ing Ordinance and Zoning Map of the Oity of Dubuque, Iowa", whereby final adoption of the "PiJ1nned Unit Develo¡rrrum.t" designa- tion is contingent upon submission of a F't'nol Development Pi<m by the de- veloper within six (6) monlhs of the effective date of this Ordinance, o:rui. further, that failure by the developer to comply with the requÙ'ements as set forth herein, s/wJ1 aulO'ff/ilticaJ1y revert the property to its former "C-6 Planned CommercioJ District" clÆsification. Section 3. That the f()Teguing amend- ment has heretofore been approved by the Pi<mning o:rui. Zoning Commission of the Oity of Dubuque, Iowa. Passed, approved and adopted this 16th day of January, 1979. Ricbard Wertzberger MAYOR Thomas A. Tully, Jr. 16 Adjourned Special Session, January 16, 1979 Adjourned Special Session, January 16, 1979 17 Proof of Publication, certified to by the Publisher, of Notice of Public Henring to amend the Zoning Ordi- nance, Appendix A, reclassifying Lot 1 of 15 of Tschirgi & Schwinds Sub. and Lot 1 of 4 of Sub. of Lots 30 & 31 in Morheisers Sub. from ID Institutional District to R-3 Residential District 11957"59 Unviersity Ave.), presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilmember Tully moved that the proof of publication be received aDd filed. Seconded by Councilmember King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 7-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended by revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", by reclassilyfug property at 1957-1959 University Avenue from ill Institutional District Classification to R-3 Residential District Classification, said Ordinance having been previously presented and read at the Council Meeting of December 4, 1978, pre- sented for final adoption. ORDINANCE NO. 7-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended by revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", by reclassilyfug property at 1957-1959 University Avenue from ill Institutional District Classification to R-3 Residential District Classification. NOW THEREFORE BE IT ORDAIN- ED BY = CI'lY COUNCIL OF = CITY OF DUBUQUE, lOW A: Section 1. That the Code of Ordi- 111lnces of the CityofDul;uque, 10100, be arrwnded by revising Appendix A there- of, also krwwn Wi the "Zoning Ordinance aJuI Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter de- scribed property from "ID Institutionnl District" classijü:ation to "R-3 Residen- tial District" classijü:ation, to wit.. Lot 1 of Lot 15 of Tschirgi and &hwind Subdivision; Lot 1 of Lot 4 of the subdivision of Lot 30 and Lot 31 in Mm-heiser's Addition in the City of Dubuque, Iowa. Section 2. That the foregoing arrwnd- men! has heretofore been approved by the Ptann",g and Zoning Cmnmission of D. Michael King James E. Brady Carolyn Farrell COUNCILMEMBERS enacting a new subsection 2 ) 01 Section 3-103.901 Article III in Lieu thereol, to establish provisions lor the reconstruc- tion 01 non-conforming churches. NOW THEREFORE BE IT ORDAIN- ED BY THE Cl1Y COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, 10100, be amended by revising Apperuiix A there of, also known Wi the "Zoning Ordinance and Zoning Map of the City of Dubuque Iowa", by repealing subsection 2) of Section 3-103.9 of Article III and enm:ting a ncw subsection 2) of Section 3-103.9 of Article III in lieu thereof, to wit.. "Article III GENERAL PROVISIONS Section 3-103 Application and Scope 01 Regulations Section 3-103.9 Structures Permitted Above the Height Limits 2) Churches: Churches may be erected to a height rwt exceed",g seventy-five I 75) feet, [Yrovided that such buildings shall provide at (eWit one OJiditionaJ. foot of yard spoce on all sides for eoch OJiditionaJ. foot by which sw:h buildings exceed the rrwximum height timit of the district in which they are wcated. However, where a non-conforming Church is destroyed, even to an extent greater thom fifty 150"10 ) percent of its replm:ement cost, it 'YrIIly be reconstructed to its ori,qinaJ. condition and dirrwnsions without re- gard to the height m- yard restrictions of this Section. " Section 2. That the foregoing amR/lul- ment Iu1s heretofore been approved by the Planning and Zoning Cmnmission of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Caroiyn Farrell COUNCILMEMBERS the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of January, 1979. 1t 1/19 Leo F. Frommelt City Clerk Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Ordi- nance, Appendix A, by repealing sub- section 2 of Section 3-103.9 of Article III aDd enacting a new subsection in lieu thereof to establish provisions for the reconstruction of non-conforming chur- ches, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time set for the hearing. Councllmember Tuny moved that the proof of publication be received and filed. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tuny. Nays-None. ORDINANCE NO. 6-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended by revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", by repealing subsection 21 01 Section 3-103.9 01 Article III and enaeting a new subsection 2 I 01 Section 3-103.901 Article III in Lieu thereol, to estubUsh provisions lor the reconstruc- tion 01 non-conforming churches, said Ordinance having been previously presented aDd read at the Council Meeting of December 4, 1978, pre- sented for final adoption. ORDINANCE NO. 6-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended by revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Duhuque, Iowa", by repealing subsection 2 ) 01 Sectiou 3-l03.9 01 Article III and ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of January, 1979. 11 1/19 Leo F. Frommelt City Clerk Councilmember Tully moved final ad- option of the Ordinaoce. Seconded by Councilmember King. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Ordi- nance, Appendix A, by reclassifying recently annexed Lot 20f I of1 of 1 of 7 North in Re-Sub. of Shipton's Addn. from AG Agricwtural District to R-2 Residential District I 1366 Southern Ave.), presented and read. No written objections were filed aDd no oral objectors were present in the Council Chamber at the time set for the hearing. Councilmember Tully moved that the proof of publication be received and filed. Seconded by Councilmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. ORDINANCE NO. 8-79 An Ordinance 01 the City 01 Duhuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended hy revising Appendix A there- 01, also known as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", by reclassifying recently an- uexed territory at 1386 Southern Ave. from AG Agricultural District to R-2 Residential District Classification, which real estate is described as Lot 2 01 Lot I 01 Lot 1 01 Lot 1 01 Lot 7 North in Re-Subdivision 01 part 01 Shipton in Re-Snbdivision 01 part nl Shipton's Additiou in the City 01 Dubuque, Iowa, said Ordinance having been previously presented and read at the Council Meeting of December 4, 1978, pre- sented for final adoption. ATTEST: Leo F. Frommelt City Clerk Pnblished officially in the Telegraph Herald Newspaper this 19th day of Jauuary, 1979. 1t 1/19 Leo F. Frommelt City Clerk Councilmember Tully moved final ad- option of the Ordinaoce. Seconded by Councilmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. 18 Adjourned Special Session, January 16,1979 ORDINANCE NO. 8-79 An Ordinance 01 the City of Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended by revising Appendix A there- 01, also knowu as the "Zoning Ordinance and Zoning Map 01 the City 01 Dubuque, Iowa", hy reclassifying recently an- nexed territory at 1386 Southern Ave. !rom AG Agricultural District to R-2 Residential District Classification, wfùch real estate is hereinafter described. WHEREAS, the real estate herein- after described was annexed to and became part of the City of Dubuque, Iowa, by Resolution No. 91-78 of the City Council, passed, approved and adopted at its meeting 01 March 13, 1978, which aunexation was upon volun- tary petition. NOW TIlEREFORE BE iT ORDAIN- ED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: . Section 1. That the Code of Ordi- naru:es of the City of Dubuque, Iowa, be amended by revising Appendix A there- of, also koown Wi the "Zoning Ordinaru:e and Zoning Map of the Oity of Dubuuqe, Iowa", by reclm.sifying recently an- nexed property ftwn "AG Agricultural District" clm.sificatioo to "R-2 Residen- tial District" clm.sifícaiioo which real estaie is hereinafter described to wit: Lot 2 of Lot 1 of Lotl of Lotl of Lot 7 North in Re-Subdivision of part of Sh,pton's Additioo in the Oity of Dubuque, Iowa. Section 2. That the foregoing amend- ment /uu; heretofore been œpproved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCILMEMBERS ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of January, 1979. It 1/19 Leo F. Frommelt City Clerk Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 9-79 An Ordinance 01 the City of Duhnque, Iowa, providing for the repeal 01 Subsection 9 01 Section C 01 Section 25-210 and subsection 9 01 Section F 01 Section 25-210 01 the Code 01 Ordi- nances, City of Dubuque, Iowa and declaring the same to be null and void and 01 no Iurther lorce and effect, presented and read. Councilmember Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. Councilmember Tully moved that the rule reqillring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 9-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing lor the repeal 01 Subsection 9 01 Section C 01 Section 25-210 and subsection 9 01 Section F 01 Section 25-210 01 the Code 01 Ordi- nances, City 01 Dubuque, Iowa and declaring the same to be null and void and 01 no further lorce and effect, NOW TIlEREFORE BE IT ORDAIN- ED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 9 of Sectioo C and Subsection 9 of Sectioo F of Section 25-210 of the Code of Ordirw:nces, Oity of Dubuque, Iowa be and the same are hereby repealed. Section 2. That all ord"",ru:es or parts of ordinaru:es in conflict with this ordinaru:e be and they are hereby repealed. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS ATTEST: Leo F. Frommelt City Clèrk Published oIficially in the Telegraph Herald Newspaper tbis 19th day of January, 1979. It 1/19 Leo F. Frommelt City Clerk Adjourned Special Session, January 16, 1979 Councilmember Tnlly moved final ad- 2. Avoca Street and Green Street option of the Ordinance. Seconded by 3. Davis Street and Windsor Avenue Councilmember Farrell. Carried by the 4. Elm Street and East 29th Street following vote: 5. Evergreen and Karen Streets Yeas-Mayor Wertzberger, Council- 6. Fillmore and Adair Streets members Brady, Farrell, King, Tuny. 7. Hillcrest Road and Key Way Drive Nays-None. 8. Jackson and E. 24th Streets , 9. KeyWay and Keystone Drives ORDINANCE NO. 10-79 10. Langworthy Ave. and Alpine St. An Ordinunee 01 the City 01 Dubuque, 11. Langworthy Ave. and Booth St. Iow~, provi~ that the Code of 12. Langworthy Ave. and Nevada St. Ordinances, CIty ?~ Dubuqu~, Iowa be 13. Lincoln Ave. and Fengler St. ame~ded hy re,;"smg SectIOn .A and 14. Maryville Dr. and Scenic View Dr Section B 01 Section 25-21001 said cude 15. North Grandview and Clarke Dr. providing that eastbound and west- 16. Oakcrest Dr. and Maplewood Ct. bound traffic on Duvis Street and 17. Pearl St. and Finley St. Northbound and Southbound traffic on 18. Pearl St. and Gilliam St. Windsor Avenue must stop belore 19. Randall St. and Bradley St. entering the intersection, presented and 20. Rider St. and Bradley St. read. 21. St. Ambrose and Rosedale St. Councilmember Tully moved that the 22. Sheridan St. and Goethe St. reading just had be considered the first 23. Solon St. and Alpine St. reading of the Ordinance. Se~onded by 24. Sycamore St. and E. 15th St. Councdmember Farrell. CarrIed by the 25. Theda Dr. and Crissy Dr. folloWIng vote: 26. Vizalea St. and Keymont St. Yeas-Mayor Wertzberger, Council- 27. Walnut St. and W. 11th St. members Brady, Farrell, King, Tully. 23. Washington St. and E. 18th St. Nays-None. 29. Washington St. and E. 15th St. Councllmember Tully moved that the 30. Washington St. and E. 19th St. rule requiring an Ordinanc~ to be 31. Washington St. and E. 16th St. received and filed at two meetIngs prIOr 32. Washington St. and E. 13th St. to the meeting when final action is 33. Washington St. and E. 25th St. taken, be dispensed with. Seconded by 34. Washington St. and E. 29th St. Councilmember Farrell. Carried by the 35. Woodland Dr. and Key Way Dr. folloWIng vote: . B. Northbound and southbound vehi- Yeas-Mayor Wertzberg~r, Council- cles must stop before entering the members Brady, Farrell, King, Tully. intersection of: Nays-None. 1. Bunker Hill and Clarke Dr. ORDINANCE NO. 10-79 2. Cherry Street and Finley St. An Ordinance 01 the City 01 Dubuque, 3. WIndsor Ave. and Da~lS St. Iowa, providing that the Code 01 4. E. 17th St. and Wash!ngton St. Ordinanees, City 01 Dubuque, Iowa be 5. E. 21st St. and WashIngton St. amended hy revising Section A and 6. E. 21st St. and Elm St. Section B 01 Section 25-21001 said cude 7. E. 24th St. and Jackson St. providing that eastbound and west- 8. E. 24th St. and WashIngton St. hound traffic on Duvis Street and 9. E. 24th St. and WhIte St. Northbound and Southbound trallic on 10. E. 25th St. and Whäe St. Windsor Avenue must stop belore 11. E. 26th St. and Wh!te St. eatering the intersection, 12. E. 27th St. and Wh!te St. 13. E. 28th St. and White St. 14. E. 29th St. and White St. 15. E. 30th St. and White St. 16. HillerestRd.andKeyWayDr. 17. Kaufmann Ave. and Crissy Dr. 18. Keystone Dr. and Key Way Dr. 19. Key Way Dr. and Woodland Dr. 20. Lincoln Ave. and Johnson St. 21. Lincoln Ave. and Kniest St. 22. Lincoln Ave. and Stafford St. 23. North Grandview and Delhi St. 24. Queen St. and 24th St. 25. Rosedale St. and Avoca St. 26. Roosevelt St. and Lincoln Ave. 27. West Way St. and Key Way Dr. Section 2. That all ordinaru:es or parts of ordirw:nces In conflict with this ordirw:nce be œnd they are hereby NOW 'nŒREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Section A œnd Sectioo B of Section 25-210 of the Code of Ordinances, City of Dubuque, Iowa be amended so that S1!£h sections shall reodWifollows: "Sec. 25-210. I b) Those intersections designated are hereby declared to be 'Stop Intersec- tions' for all the purposes of this section. A. Eastbound and westbound vehicles must stop before entering the intersec- tion of: 1. Atlantic Street and Custer Street 19 Adjourned Sepcial Session, January 16, 1979 Adjourned Special Session, January 16, 1979 , Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be arrwmled by widing a new Subsection 7 to Section D of Section 25-210 to read as fo/1()ws: "Sec. 25-210. I b) Those intersections designated are hereby declared to be 'Stop Intersec- tions' for all purposes of this section. D. Northbound vehicles must stop before entering the intersection of: 7. Wartburg Place and Fremont Ave." Section 2. That 011 ordinances or parts of ordinances in conflict with this ordinance be and they are hereby repeakd. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tuny, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS 21 20 to the meeting when final action is taken, be dispensed with. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 12-79 An Ordinance of the City 01 Dubuque, Iowa, providing lor the repeal 01 subsection 10 01 Section A 01 Section 25-212 01 the Code of Ordinances, City 01 Duhuque, Iowa, and declaring the same to be null and void and of no further lorœ or effect and providing that the Code 01 Ordinances, City 01 Dubuque, Iowa be amended by enacting a new subsection 10 of Section A 01 Section 25-212 providing that north- bound velúcles on Broadway Street shall yield the right 01 way belore entering the intersection 01 Diagonal Street, NOW TIlEREFORE BE IT ORDAIN- ED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That SubsectÙm 10 of Section A of Section 25-212 of the Code of Ordinances, City of Dubuque, Iowa be and the SO1ne is hereby repeoled. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be a1nended by erure#ng a new Subsection 10 of Section A of Section 25-212 to read as fo/1()ws: "Sec. 25-212. ( b) Those intersections designated are hereby to be 'Yield Intersections' for all purposes of this section. A. Northbound vehicles must yield before entering the intersection of: 10. Broadway Street and Diagonal Street." Section 3. That 011 ordinances or parts of ordinances in c<mjlict with this ordinance be and they are hereby repeakd. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tuny, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. ORDINANCE NO. 13-79 An Ordinance of the City 01 Dubuque, Iowa, providing that the Code of Ordinances, City 01 Dubuque, Iowa be amended by adding a new Section 16-4 to Article I thereof to provide lor punishment lor violation 01 the provi- sions of said Article I by a fine not to exceed $100.00 or in lieu thereol hy imprisomnent lor a period not to exceed thirty (30) days, presented and read. Councilmember Tully moved that the reading just had be considered the fi¡-st reading of the Ordinance. Seconded by Councilmember Farrell. Carried by the following vote: . Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Councilmember TWly moved that the rule reqillring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, (',ouncil- members Brady, Farrell, King, Tully. Nays-Noue. ORDINANCE NO. 13-79 An Ordinance nl the City 01 Duhuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended hy adding a new Section 16-4 to Article I thereol to provide lor punishment lor violation 01 the provi- sions 01 said Article I be a fine not to exceed $100.00 or in lieu thereol by imprisonment lor a period not to exceed thirty (30) days, NOW TIlEREFORE BE IT ORDAIN- ED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be a1nended by adding a new Section 16-4 to Article I thereof to provide for punish1nent for vÙJlation of the provi- sWns ofsDidArticle Ito read asfolwws: "Article I. Sec. 16-4. Any person vioÚlting any provisWns of this ordinance sholl be dee1ned guilty of a rnisde1neawr, o:nd upon conviction thereof slw1l be punish- ed by afine wt exceeding $100.00, o:nd upon fDilure to puy sDid fine, sholl be imprisoned for a period wt exceeding thirty (30)dlLys." Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR repeakd. Passed, approved and adopted tbis 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. TWlly, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS ATTEST: Loe F. Frommelt City Clerk Published oIficially in the Telegraph Herald Newspaper this 19th day of January, 1979. 1t 1/19 Leo F. Frommelt City Cierk Councilmember Tully ll)oved final ad- option of the Ordinance. Seconded by Councllmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. ORDINANCE NO. 11-79 An Ordinance 01 the City 01 Duhuque, Iowa, providing that the Code of Ordinances, City 01 Dubuque, Iowa be amended by adding a new Suhsection 7 to Section D 01 Section 25-210, pro- viding that northbound traffic on Wart- burg Place shall stop before entering the intersection 01 Fremont Avenue, presented and read. Councilmember Tully moved that the reading just had be considered the first readiug of the Ordinance. Seconded by Council Member Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Councilmember Tuny moved that the rille reqIriring an Ordinance be received and filed at two meetings prior to tbe meeting when final action is taken, be dispensed with. Seconded by Council- member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, TWlly. Nays-None. OIIDINANCE NO- 11-79 An Ordinance 01 the City 01 Dubuque, Iowa, providing that the Code 01 Ordinances, City 01 Dubuque, Iowa, be amended hy adding a new Subsection 7 to Section D 01 Section 25-210, pro- viding that northbound traffic on Wart- burg Plaœ shall stop belore entering the intersection 01 Fremont Avenue, NOW TIlEREFORE BE IT ORDAIN- ED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: ATTEST: Leo F. Frommelt City Clerk Published oIIicially in the Telegraph Herald Newspaper this 19th day of January, 1979. 1t 1/19 Leo F. Frommelt City Clerk Councllmember Tully moved final ad- option of the Ordinance. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. ORDINANCE NO. 12-79 An Ordinance 01 the City of Dubuque, Iowa, providing lor the repeal 01 subsection 10 01 Section A 01 Section 25-212 of the Code 01 Ordinances, City 01 Dubuque, Iowa, and declaring the same to be nWll and void and 01 no further lorce or effect and providing that the Code 01 Ordinances, City 01 Duhuque, Iowa be amended by enacting a new subsection 10 01 Section A 01 Section 25-212 providing that north- bound velúcles on Broadway Street shall yield the right 01 way belore entering the. intersection 01 Diagonal Street, presented and read. Councilmember Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tuny. Nays-None. Councilmember Tuny moved that the rule requiring an Ordinance to be received and filed at two meetings prior ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald this 19th day of January, 1979. 1t 1/19 Leo F. Frommelt ., City Clerk Councilmember Tully moved final ad- option of the Ordinance. Seconded by Councilmember Farrell. Carried by the Adjourned Special ScBSion, January 16, 1979 23 Adjourned Special Session, January 16, 1979 Thomas A. Tilly, Jr. previously planned 17', presented and D. Michael King read. James E. Brady Councilmember Tully moved that the Carolyn Farrell petition be referred to Staff to prepare COUNCIL MEMBERS a response. Seconded by Council- member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Continuance of hearing and'resolution relative to the Lucas property at 677 West Eighth St. Iforwarded from De- cember 4, 1978 meeting), was pre- sented. Bwlding Commissioner Richard Feyen spoke .to Council advising Michael Davis has purchased the pro- perty and he has assured the Building Dept. of his intent to repair the house by presenting a time schedwe; Recom, mends that Davis be allowed to repair building; Exterior to be completed by May 1 and interior by June I. Werner Sigwarth, a neighbor, questioned what year to comply; wbat guarantee they bave tbat work wowd be done; what teeth do we have, in case he does not comply; is satisfied with dates of completion. Michael Davis spoke to Council advising of his intent to have exterior and interior completed on time. Councilmember Tully moved that the Building Department be instructed to give month1y status report on the progress of the building begioning March 1, 1979. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, 1'ully. Nays-None. RESOLUTION NO. 10-79 AUTHORlZING TIfE ADOPTION OF A CITIZEN PAR'fICIPATION PLAN FOR TIfE CITY OF DUBUQUE WHEREAS, the City of Dubuque is entitled to certain funds under the Community Development Block Grant Program authorized under Title I of the Housing and Community Developmeot Act of 1974; and WHEREAS, Section 570.303 (b) guverning the use of such funds re- quires th¡rt the City of Dubuqne prepare and adopt a written Citizen Participa- tion Plan as prescribed by the United States Department of Housing and Urban Development: and WHEREAS, such a plan has been prepared and the procedures contained tberein are in the best interests of the City of Dubuque: now therefore BE IT RESOLVED BY TIfE CITY COUNCIL OF THE CITY OF DUBU- 22 QUE, IOWA: RESOLUTION NO. 11-79 WHEREAS, pursuant to Resolution and published notice 01 time and place of hearing, published in the Telegraph Herald, a newspaper of general circwa- tion published on January 5, 1979 in the City of Dubnque, Iowa, the City Council of the City of Dubuque, Iowa met on the 15th day of January, 1979 at 7:30 o'clock P.M. (CST) in the City Council Cham- bers in the City Hall, Dubnque, Iowa to consider the proposal to enter into an Exclusive Option to Lease by and between the BOARD OF DOCK COM- MiSSIONERS of the City of Dubuque, Iowa and DUBUQUE BARGE & FLEETING SERVICE COMPANY, and SECTION 1. That a Citizen Participa- tion Plan for the City of Dubuque ( attached) be approved. SECTION 2. That the Citizen Partici- pation Plan for the City of Dubuque shall continue to remain on file in the office of the City Clerk, where such plan may be examined and copied by any interested party. ATTEST: Leo F. Frommelt City Clerk Publisbed officially in the Teiegraph Herald Newspaper this 19th day of January, 1979. 1t 1/19 Leo F. Frommelt City Clerk Councllmember Tuny moved Iinal ad- option of the Ordinance. Seconded by Councibuember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. Petition of tbe Friendship Force re- questing time to explain tbe Friendship Force and to request financial assis- tance to help defray expenses, pre- sented and read. Councllmember Farrell moved to sus- pend the rilles to let anyone present address the Council if they so desire. Seconded by Councilmember King. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Bob Bonnewell and Margaret Fuerste spoke to the petition stating this is a nou-profit organization; Dubuque has been chosen 1979 Friendship Force City as representation of the State of Iowa; Will be welcoming 250 people to our City from May 8th to 18th Irom foreigu countries; Requesting City officials wcl- come visitors to our City; Need Ambas- sadors from the City and advised Official functions and reception will be held at the Five Flags Civic Center; Requesting $1,600 for busses to briog visitors to City as airport here is not large enough: and asking the rental fees at Five Flags and Park Pavilion for picnic be underwritten. Councilmember Tully moved that the petition be received and filed and City Manager directed to prepare resolution for funds. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- member Brady, Farrell, King, Tully. Nays-None. Petition of Dupaco Employees Credit Union requesting to be beard relative to location of their new facility at Hill- crest, Pasedena & J.F.K. Rd., being in favor of proposed stop lights; against the closing of Soutb Hillcrest at J.F.K. Rd.; and against the widening of J.F.K. Rd. by an additional 8' over the SECTION 3. That the Community Development Commission at its reglliar meeting of December 4, 1978, approved the Citizen Participation Plan and re- commends its adoption by the City Council of the City of Dubuque, Iowa. SECTION 4. That the Citizen Partici- pation Plan heretofore in effect is hereby repealed and declared to be null and void. WHEREAS, the City Council of the City of Dubuque, Iowa over-rwed any and all objections, oral or written, to the proposal to grant an Exclusive Option to Lease certain real estate, described as: The South 400 feet of that tract of real estate more filly described and set forth in Exhibit A attached to Lease and Agreement between City of Dubu- que, Iowa and Dubuque Barge & Fleeting Service Company, dated the 20th day of April, 1977, said Plat being referred to as Plat of "Newt Marine Service" Lease No.2. SECTION 5. That a public hearing was conducted by the City Council of the City of Dubuque on December 18, 1978, and tbere have not been any written comments submitted by citizens Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS NOW TIfEREFORE BE IT RESOL- VED BY THE CITY COUNCIL OF TI1E CITY OF DUBUQUE, IOWA: Section 1. 'I'lwt the -proposal to enter "'to an ExclW1ive Option to Lease, which exclusive option also provides fm- the leasing by DulYUque Barge & Fleetl"g Service Crnnpany jrrnn City of DulYUque, Iowa GJJ4itiorwl parcel of larui being that portion of Block E '" Baoth's Addition in the City of Dubuque, Iowa, (J£cm-ding to the recorded pint thereof. 11J!"g south of the southerly clearance of the Burlington Northern Railroad tr(J£ks as 1WW located which abuts the -property currently being leased by Lessee from Lessm-, by and between the Baard of Dock Crnnmissioners of the City of Dubuque, Iowa and Dubuque Barge & Fleeting Service Cffmpany, parsuant to the terms and canditimls OJ said ExclW1ive Option to Lease, a copy of which is att(J£hed hereto and by reference mmIe a part hereof, be and the SO!lTU3 is hereby approved. ATTEST: Leo F. Frommelt City Clerk Councilmember Farrell moved adop- tion of the Resolution. Seconded by Councilmember King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing of granting an Exclusive Option to lease to Newt Mnrine Service, preseuted and read. No written objections were received and no oral objectors were present in the Council Chambers at the time of the hearing. Conncllmember Tully moved that the proof of publication be received and filed. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Section 2. That the Maym- and the City Clerk be and they are hereby authorized to execute said ExclW1ive Option to Lease fm- and on belwlf of the City of Dubuque, Imill. Adjourned Special Session, January 16, 1979 Adjourned Special Session, January 16, 1979 24 25 Airport Resolution No. 1-79 as adop- ted by the Commission on January 4, 1979, requesting funds in the amount of $1,300, for a study of an expansion to the existing terminal bwlding for occu- pancy by Mississippi Valley Airlines operations, presented and read. Stacy Murdock, Chairman of Airport Commis- sion spoke to the Resolntion. Councilmember Tully moved that the request be approved. Seconded by CAJuncilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Twly. Nays-None. Communication of City Manager sub- mitting a request from Leo D. King requesting purchase of Lot 3 Block 1 River Front Sub. #5, containing approx. 2.1054 acres for $59,612.30, 65c per sq. ft., presented and read. Councilmember Tully moved that the request be approved and public hearing be held on February 5, 1979 at 7:30 P.M. in the Council Chambers and City Clerk directed to pnblish notice. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Councilmembers Brady, King, Farrell, Tully. Nays-None. Abstain-Mayor Wertzberger. by being more able to attrad competent personnel to its service, and by increas- ing its flexibility in personnel manage- ment through elimination of the need for continued employment lor the soie purpose of allowing an employee to qualify lor retirement benefits. Section 3. That the City Clerk be arui he is hereby directed to fiÚ3 a certified copy of this ResolutÙm in the office of the Dubuque County Recorder and the office of the City Assessar. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS Lot 42 which the owners, by said plat, have dedicated to the public forever for street purposes: and WHEREAS, said plat has been exa- mined by the City Planning and Zoning Commission and had its approval en- dorsed thereon: and NOW THEREFORE BE iT RESOL- VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa establish said Deferred Compen.,a- tion Plan far said employees arui hereby authorizes its Mayar to execute the Deferred Cbrnpensation Plan with the International City Marw.gement Associ- ation Retirement Corpm-ation. attached hereto Wi Apperuiix A; WHEREAS, said plat has been exa- mined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto: NOW THEREFORE BE IT RESOLV- ED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA. ATTEST: Leo F. Frommelt City Clerk Councilmember Twly moved adoption of the Resolution. Seconded by Council- member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. }:ays-None. Communication of City Manager re- questing consideration of a resolution authorizing the City to establish the ICMA-RC Deferred Compensation Plan, presented and read. Councilmember Tully moved that the commumcation be received and filed. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 12-79 WHEREAS, the City of Dubuque, iowa has in its employ certain person- nel; and Section 1. That the dedication of Lot 3 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 6 of Miwra1 Lot 42 in the City of Dubuque, Iowa, Wi the S<111/£ appears upon said plat, be and the sarM is hereby accepted. Section 2. That the above described plat be arui the same is hereby ap- proved arui the Mayar arui City Clerk are hereby authorized and directed to endm-se the a[Y[YToval of the City upon said pla1. Passed, adopted and approved this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Caroiyn Farrell COUNCIL MEMBERS Section 2. That the City Manager TrUly, on behalf of the City of Dubuque, Iowa, execute all Jmruier Agreements with said employees arui other eligible officiahi arui officers, which are neces- sary far said persons' participation in the plan, an exampÚ3 of which appears at Apperulix B, except that any JQÍnder Agreement far said designated official shall be executed by the Mayar. Passed, approved and adopted this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS Communication of Planoing & Zoning Commission submitting a final piat to subdivide Lot 1 of Lot 2 of 1 of I of 6 of Mineral Lot 42 into Lots 1, 2 & 3 I adjacent to Sullivan Street), presented and read. Councilmember Twly moved that the communication be received and filed. Seconded by Councilmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. RESOLUTION NO. 13-79 A RESOLUTION APPROVING THE PLAT OF THE SUBDMSION OF LOT lOF LOT 2 OF LO'l' 1 OF LOT 1 OF LOT 6 OF MINERAL LOT 42 iN THE Cft'Y OF DUBUQUE, IOWA ATTEST: Leo F. Frommelt City Clerk Councilmember Twly moved adoption of the Resolution. Seconded by Council- member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of Boards & Commis- sions Study Group submitting sugges- tion of the Mayor to compiy with the process of appointments to Boards and Commissions, presented and read for discussion. Councilmember Farrell moved to ac- cept the statement as read. Seconded by Councilmember Brady. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Councilmembers brady, Farrell Nays-Mayor Wertzberger, Council- members King, Tully MOTION FAILED. Councilmember Tully moved to amend statement that all five members must be present at briefing session held for selection of applicants. Seconded by ATTEST: Leo F. Frommelt City Clerk Councilmember Tully moved adoption of the Resolution. Seconded by Council- member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tuny. Nays-None. Communication of Mrs. Robert Wie- derholt, in behalf of Mrs. Mar~aret Wiederholt residing nt 1621 Lincoln Ave. requesting a handicapped parking area, presented and read. WHEREAS, said employees are and will be rendering valuable services to the City; and WHEREAS, the City of Dubuque, Iowa has considered the establishment of a Deferred Compensation Plan for the said employees made available to City and to said employees by the International City Manab'Cment Aaso- ciation Retirement Corporation; and and WHEREAS, there has been filed with the City Clerk a plat in which I,ot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 6 of Mineral Lot 42 in the City of Dubuque, Iowa, is platted as Lot 1, Lot 2 and Lot 3 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 6 of Mineral Lot 42 in the City of Dubuque, Iowa; and WHEREAS, npon said plat appears Lot 3 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 6 of M:neral WHEREAS, said employees often are unable to acqIrire retirement secnrity under other existing and avallable retirement plans due to the contingen- cies of employment mobility: and . WHEREAS, the City of Dubuqne, Iowa receives benefits under said plans by being able to assure reasonable retirement security to said employees, Councilmember Tnily moved that the commumcation be referred to the Traf- fic and Handicapped Committees. Seconded by Couocilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, KIng, Tully. Nays-None. - .. ." --.- - 26 Adjourned Special Session, January 16, 1979 Mayor Wertzberger. VOTE ON TIlE MOTION WAS AS FOLLOWS: Yeas-Councilmembers Brady, Twly. Nays-Mayor Wertzberger, Coun& members Farrell, King. MOTION FAILED. C'Æ>uncilmember Tully moved to table the communication. Seconded by Coun- cilmember Brady. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady. Tully. Nays-Councilmembers Farrell, King. RESOLUTION NO. 14-79 BE IT RESOLVED, by the City Council 01 the City 01 Dubuque, Iowa, that the lollowing having complied with the provisions 01 law relating to the sale nl Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Edna Dague 1322 Central Ave. William R. Parker 320 Main St. Passed, adopted and approved this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Twly, Jr. D. Michael King James E. Brady Carolyn Farrell COUNCIL MEMBERS ATTEST: Leo F. Frommelt City Clerk Councilmember Tully moved adoption of the Resolution and DENlAL of application 01 William R. Parker. Seccnded by Councilmember Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tuny. Nays-None. RESOLUTION NO. 15-79 WHEREAS, Applications lor Beer Permits have been submitted and filed to this Council for approval and the same have been examined and ap- proved; WHEREAS, The premises to be oc- cupied by such applicants were inspect- ed and lound to comply with the Ordinances of tlùs City and have filed proper bonds; NOW TIlEREFORE BE IT RESOIN- ED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA, THAT TIlE MANAGER BE AUTHORIZED TO CAUSE TO BE ISSUED TO TIlE FOLLOWING NAMED APPLICANTS A BEER PERMIT. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc. Oky-Doky #9 51 West 32nd Street (Also Sunday Sales) Angrl Investments Co. 2699 Rockdale IAlso Sunday Sales) Passed, adopted and approved this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farren COUNCIL MEMBERS ATTEST: Leo F. Frommelt City Clerk Councilmember Tully moved adoption of the Resolution. Seconded by Council- member Farren. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. RESOLUl10N NO. 16-79 WHEREAS, Applications for Liquor Licenses have been submitted to this Council lor approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant tbereto and they have Iiled proper bonds; NOW TIlEREFORE BE IT RESOLV- ED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA, THAT TIlE MANAGER BE AUTHORiZED TO CAUSE TO BE ISSUED TO THE FOLLOWING NAMED APPLICANTS A LIQUOR LICENSE. CLASS"C" ICOMMERCIAL)BEER AND UQUOR LICENSE Golden Property Corp. 2620 University Edna Dague 1322 Central Ave. Josephine A. Burke 1445 Central Ave. Steve J. Smith 1105 University Ave. Marie B. Beeker 206 West 3rd Street Thomas Andresen 1080 University Ave. IAlso Sunday Sales) Gerald D. Wehter & John E. Keily 2126 Central Ave. (Also Sunday Sales) Passed, adopted and approved this 16th day of January, 1979. Richard Wertzberger MAYOR Thomas A. Tully, Jr. D. Michael King James E. Brady Adjourned Special Session, January 16, 1979 Caroiyn FarrelJ COUNCIL MEMBERS ATTEST: Leo F. Frommelt City Clerk Councilmember Tully moved adoption of the Resolution. Seconded by Council- member Farreil. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell. King, Tully. Nays-None. Councilmember King moved that the application for a Class "C" lCommercial) Beer & Liquor License from Marie B. Becker be referred to the Council Meeting of February 5, 1979.. Seconded hy Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays--None. RESOLUTION NO. 17-79 WHEREAS, Applications for Liquor Licenses have beeo submitted to this Council for approval and the same have been examined and approved: and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW TIlEREFORE BE IT RESOLV- ED BY THE CITY COUNCiL OF TIlE CITY OF DUBUQUE, IOWA, THAT TIlE MANAGER BE AUTHORIZED TO CAUSE TO BE ISSUED TO TIlE FOLLOWING NAMED APPLICANTS A LIQUOR LICENSE. CLASS "C" (COMMERCIAL) BEER AND UQUOR LICENSE WiHiam R. Parker 3110 Main Street IAIso Sunday Sales) Passed, this l~th day of January, 1979. Councilmember TulJy moved DENIAL of the application and Resolution. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning Commission endorsing proposal for the Fire Station at 32nd Street commending the architects for their plan and noting provision lor parking stalls without sacrificing green space, presented and read. Councilmember Tully moved that the communication be received and filed. Seconded by Councilmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of Housing Commis- sion advising that they have monitored the activities of the AdHoc Housing Cede Review Committee cwminating in the proposed "Residential Housing Cede" and recommending considera- tion, presented and read. Councilmember Tully moved that the commumcation be received and filed. Seconded by Councilmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning Commission advising of a work session on an amendment proposed by Council- member Brady to review provisions and regulations of commercial districts as they pertain to operation of bars and taverns, on January 30, 1979 at Central Fire Headquarters at 4 P.M., presented and read. Councilmember Tully moved that the commumcation be received and filed. Seconded by Councilmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. MINUTES SUBMITTED -- Community Development submitting sununary 01 their public hearing of December 18, 1978; Community Development of their meeting of December 26, 1978; Play- ground & Recreation Commission of their meeting 01 December 18, 1978: Air¡>ort Commission of their meetings 01 December 14, 1978 and January 4, 1979: Transit Trustee Board of their meeting of December 14, 1978, presented and read. Councibuember Tuny moved that the minutes he received and filed. Secontl- ed by Councilmemher Farrell. Carried by the following vote: Yeas~Mayor Wertzberger, Conncil- members Brady, Farrell, King, Tully. Nays-None. CommuIrication of City Manager re- commending installation of street lights in Hawkeye Estates as requested by Bernard & Lawrence Hefel, presented and read. Councilmember Tuliy moved that the commnnication be received and filed and recommendation approved. Secon- ded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. __7~--__~- ---- ~-~ 27 28 Adjourned Special Session, January 16, 1979 Nays-None. Communication of City Manager sub- mitting reports of the City Treasurer, Finance Director, Water Supt.. Health Dept., also list of claims for November, 1978, presented and read. Councilmember Tully moved that the commumcation be received and filed. Seconded by CounciImember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. Communication of Planning & Zoning Commission submitting a copy of the most recent amendment to the Zoning Ordinance revising C-6 Planned Com- mercial District, presented and read. Councllmember Tully moved that the commumeation be received and filed. Seconded by Councilmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Commumcation of City Attorney ad- vising of voluntary dismissal of suit by H.R.W. Associates, lJ¡¡nsel, Rafoth, Wenkstern, relative to the comprehen- sive zoning ordinance, presented and read. Councilmember Tully moved that the communication be received and filed. Seconded by Councilmember Farrell. Carried by the fonowing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. NOTICE OF SUIT by Moldt Electric Service, Iuc., vs. Dubuque Marina Inc., City of Dubuque, demanding judgement in the amount of $1,368.92 for services rendered; NOTICES OF CLAIMS of Gerald Westemeier, in the amount of $5U¡" for truck damages incurred at 600 W. 3rd St. due to snow and ice condition on 12-20-78; Paw J. Kauf- maun, in an estimated amount of $316.73, for car damages incurred as the reswt of accident with snow removal eqnipment between 9th & 10th on Main St. on 12-5-78; Howard T. O'Mara, in an' undetermined amount, for personal injnries received in a fall due to snow and ice on Dubuque Bwlding near Allied Camera on 1-5-79: Adele M. L. King, in the amount of $52.50 for personal injuries received in an icy alley behind 911 Garfield Ave. on 12-26-78, presented and read. Councilmember Tully moved that the Notices of Suit and Claims be referred to the City Solicitor for investigation and report. Seconded by Council- member Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tally. Nays-None. Petition of Burger King requesting a refund of $50 on the unexpired portion of Cigarette License No. 1563, dis- continued business on December 29, 1978, presented and read. Councilmember Tully moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilmember Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager sub- mitting audits for 1978 for Dubuque Housing Authority and Federal Re- venue Sharing Funds, presented and read. Councilmember Tully moved that the commumcation be received and filed. Seconded by Councilmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Far¡'ell, King, Tully. Nays-None. December, 1978 Mayor City of Dubuque In accordance with Chapter 28A, Iowa Code as amended by House File 2074, KIYrH and KFMD Radio News hereby makes a formal request for notice of all meetings of the Dubuque City Council, and any and all sub units thereof. A notice including the tbne, date and place of each meeting, and its tentative agenda serves as the best vehicle for our purpose of iuforming the public. I! a meeting is called with less than three days notice, we would appreoiate the courtesy of a telephone call, rather than depending on the mails. Such emergency notices, or changes in your meeting plans, showd be directed to the KDTH/KFMD Newsroom, 1319) 588-5680. A newsperson is on duty daily 5AM-6:30PM. An automatice recorder takes messages when there is uo one in the newsroom. An announcer is on duty until midnight, and an emergency notice can be left with him at (319) 588-5711. Written notices should be directed to: News Director KIYrH/KFMD Radio 8th & Bluff Sts. Dubuque, IA 52001 Thank you very much for your help in keeping citizens informed about their government. Doug Breisch News Director Adjourned Special Session, January 16, 1979 Councilmember Tully moved that the Carried by the following vote: communication be received and be made Yeas-Mayor Wertzberger, Council- a matter of record. Seconded by members Brady, Farrell, King, Tuny. Councilmember Farrell. Carried by the Nays-None. following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Councilmember Tully moved that the City Solicitor be directed to draw up an Ordinance regarding snow removal and present to Council for study within 30 days. Seconded by Councilmember King. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tuny. Nays-None. Jim Schreiber, President of Profes- sional Firefighters Union, and Firemen Joe Melssen and Raymond Stephan spoke to the Council relative to an accident involving a citizen and fire truck while on emergency call. Councilmember Tully moved that the City Manager be instructed to convene with the Fire Chief, Police Chief and City Solicitor to put together an effec- tive policy governing operation of emer- gency vehicles. Seconded by Couneil- member Brady. Carried by the follow- ing vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tully. Nays-None. Notice of Claim of Professional Fire- fighters, in the amount of $400, for attorney fees expended in defense of one of their members being involved in an accident while driving a city owued lire truck, presented and read. Councilmember Tully moved that the Notice of Claim be referred to the City Solicitor for iuvestigation and report. Seconded by Councllmember Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council- members Brady, Farren, King, Tnlly. Nays-None. Yeas-Mayor Wertzberger, Council- members Brady, Farrell, King, Tully. Nays-None. Mayor Wertzberger advised that the City Council go on record as approving Solld Waste Agency membership as it now stands and denied request from County for increase in membership; two representatives from City Council and one from County Board of Supervisors. Mayor Wertzberger submitted a letter of confirmation to Ed Ryan appointing Mr. Ryan Chairman of an AdHoc Committee as to the utilization of 4th Street Harbor Area. There being no further business, Councilmember Tully moved to adjourn. Seconded by Councilmember Farren. 29 Leo F. Frommelt City Clerk A verbal request for installation of traffic sigoal iights at intersection of Century Drive and Highway #20 was made by Martin Cooney on behalf of developer in that area. Councilmember Brady moved that the request be demed. MOTlON DIED FOR LACK OF A SECOND. Councilmember Brady moved that request be granted upon the condition that the iights be synchronized, at developer's expense, .with the lights at Wacker Drive and Highway #20. Seconded by Councllmember Farren. Carried by the following vote: Approved. Adopted. .1979 .1979 Councilmembers ATTEST: Leo F. Frommelt City Clerk