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1979 July Council Proceedings 278 Special Session, June 27,1979 Nays-Council Member Brady. Absent-Council Member Tully. Council Member Brady moved that Joseph Backes be appointed to the Housing Code Board of Appeals repre- senting Housing Rehabiiltation Com- mission. Seconded by Mayor Wertz- berger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Mayor Wertzberger, Council Member Brady. Nays-Council Member Farrell. Abstain-Council Member King. Absent-Council Member Tully. MOTIONFAlLED. Council Member Farrell moved that Wm. Hammel be appointed to the Housing Code Board of Appeals repre- senting Housing Rehabiiltation Com- mission. Seconded by Mayor Wertz- berger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Mayor Wertzberger, Council Member Fareil. Nays-Council Member Brady. Abstain-Council Member King. Absent-Council Member Tully. MOTIONFAlLED. Mayor Wertzberger moved to table the appointment to the Housing Code Board of Appeals representing Housing Rehabilitation Commission to the Coun- cil Meeting of Monday night. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Council Member Farrell moved that Delores Johnson be appointed to the Housing Code Board of Appeals repre- senting At-Large. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Nays-None. Ahsent-Council Member Tully. Mayor Wertzberger moved that Don Diech be appointed to the Housing Code Board of Appeals representing At- Large. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Member King. Absent-Council Member Tully. Council Member Brady moved that Sol Kessler be appointed to the Housing Code Board of Appeals representing At-Large. Seconded hy Mayor Wertz- berger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Member King. Absent-Council Member Tully. There being no further business, Council Member Farrell moved to ad- journ. Seconded by Mayor Wertz- berger. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Leo F. Frommelt City Clerk Approved 1979 1979 Adopted Council Members ATTEST: City Clerk Regular Session, July 2,1979 279 CITY COUNCIL OFFICIAL Regular Session, July 2, 1979. Council Met at 7:30 P.M. (C.D.T.) Present-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. City Manager Gilbert D. Chavenelle. Mayor Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of acting upon such busi- ness as may properly come before the Meeting. Invocation was given by Rev. Kunsch of St. Patrick's Church. Gasoline Emergency Proclamation was presented and read. The Chamber of Commerce intro- duced a list of members of the Cham- ber's Emergency Energy Planning Task Force. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Notice of Pendency and Resolution of Necessity on proposed plans, specs. and form of contract for construction of 1979 Asphalt Paving Project No.1 consisting of Alley at City Hall from Central Avenue to Iowa St.. Alpine St. from the N.P.L. of Dodge St. to the S.P.L. of University. Ave.. Bluff St. from the north curb line of Dodge St. to the south curb line of Jones St., Burch St. from the S.P.L. of Hill St. to the N.P.L. of Fenelon Place, Devon Drive from the north curb line of Dodge St. to the south curb line of Mineral St., Dodge Street crack filling from Bluff St. to Grandview Ave.. Dove St. from the south curb line of Sunset Park Circle to a point 440' south therefrom, 5th St. from the west curb line of Locust St. to the east curb line of Bluff St., Nevada St. from the N.P.L. of Dodge St. to the S.P.L. of West Third St., 9th St. from the E.P.L. of Central Ave. to the W.P.L. of White St.. O'Neill St. from the W.P.L. of Burden Ave. to the E.P.L. of Brunswick St., Pennsylvaula Ave. from the west cnrb line of Chaney Rd. to the east curb line of Lenox Ave., Bockdale Rd. from the south curb line of Grandview Ave. to a point 150' sonth of Kehl Court, Rosemont St. from the north curb line of Pennsylvaula Ave. to a point 200' north of Creston St.. Sunset Park Circle from the west curb line of John F. Kenoedy Road to a point 330' north of Meggan Drive, White St. from Fourth St. to Fifth St. and from Sixth St. to Ei~hth St.. Windsor Ave. from the W.P.L. of Bhomberg Ave. to the W.P.L. of East 22nd St., and Wood St. from the N.P.L. of Loras Blvd. to the S.P.L. of Rosedale Ave.. presented and read. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Statement of City Clerk. certifying that notices of hearing on Resolution of Necessity were mailed by certified mail on June 8, 1979, to property owners of record subject to assessment on 1979 Asphalt Paving Project No. I, pre- sented and read. Council Member Tully moved that the statement be received and filed. Seconded by Council Member Farreil. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. Petition of W. D. Deckert Co. objec- ting to the paving of Ninth St. from Central to White Sts., presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Charles & Addie Hafer- hecker objecting to assessment for paving of Windsor from Bhomberg to E. 22nd St., presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of William J. Stoffel et al objecting to the paving of O'Neill St., presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tully. Nays-None. Petition of Ed Kaufman et al being in favor of paving O'Neill St. (8 signers), presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Gertrude Weiner objecting to paving of O'Neill St., presented and read. 280 Regular Session, July 2, 1979 Regular Session, Jnly 2, 1979 281 Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Wm. Mcfarlane et al objecting to paving of Wood St. from Loras to Rosedale, presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Everett L. Jones et al objecting to paving of Windsor Ave. from Rhomberg to E. 22nd St., pre- sented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Richard Roepsch, voiced objection to paving of Nevada St. stating they cannot level street off: Objected to increased traffic. Phil Meyers express concern of the grade. Ed Walz voiced objection to paving of Nevada Street. Council Member Brady moved that Nevada Sreet from the N.P.L. of Dodge Street to the S.P.L. of West Third Street be retained in the City of Dubuque 1979 Asphalt Paving Project No.1 provided an attempt is made to levellng of the street. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Ralph Quade of Dubuque Auto Supply objected to improvements on Ninth St. Council Member Tully moved that Nmth Street from the E.P.L. of Central Avenue to the W.P.L. of White Street be retained in the 1979 Asphalt Paving Project No.1. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tully. Nays-None. Mary Cayro addressed the Council as being against improvements to Windsor Avenue. Council Member Tully moved to retain Windsor Avenue from the W.P.L. of Rhomberg Avenue to the W.P.L. of East 22nd Street. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Art Tigges, Wm. McFarland, Zeno Gebhardt, resideuts of Wood St.. were of opinion that repaving of Wood St. was unnecessary. Debbie Rooney, Louie Meyer and Henry Willett were in favor of improve- ments to Wood St. Council Member Tully moved to retain Wood Street from the N.P.L. of Loras Blvd. to the S.P.L. of Rosedale Avenue in the 1979 Asphalt Paving Project No.1. Seconded by Council Member Brady. Carried by the fol- lowi..g vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. COUNCIL RECESSED AT 9:05 P.M. RECONVENED AT 9:15 P.M. Ed Kaufmann, Arnold Kutsch, Mrs. Ed Kaufmann, Mrs. Phil Stempfer, Wayne Bauer and Phil Stempfer appeared before the Conncil and ad- vised them as being in favor of paving O'Neill Street. Council Member Tully moved to delete O'Neill Street from the W.P.L. of Burden Avenue to the E.P.L. of Bruns- wick Street from the 1979 Asphalt Paving Project No.1. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members King, Tully. Nays-Council Members Brady, Far- rell. After discussion regarding grade for sidewalks and removal of trees, Council Member Tully moved to reconsider the action taken on deleting O'Neill Street from the Asphalt Project. Seconded by Council Member King. Carried hy the following vote: Yeas-Mayor Wertzberger, Conncil Members King, Tully. Nays-Conncil Members Brady, Far- rell. Council Member Tully moved to delete any activity to grade for side- walks that would remove trees on O'Neill Street. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, King, Tully. Nays-Council Member Farrell. Council Member Brady moved to retain O'Neill Street from the W.P ,L. of Burden Avenue to the E.P.L. of Bruns- wick Street in the 1979 Asphalt Paving Project No,!. Seconded by Council Member Tully. Carried by the fol- lowing vote: Yeas-Mayor Wertzberger, Council Members Brady, King, Tully. Nays-Council Member Farrell. Council Member Brady moved to delete White Street from Fourth Street to Fifth Street and from Sixth Street to Eighth Street from the City of Dnbuque 1979 Asphalt Paving Project No.1. MOTION DIED FOR LACK OF A SECOND. Council Member Tully moved to retain White Street from Fourth Street to Fifth Street and from Sixth Street to Eighth Street in the City of Dubuque 1979 Asphalt Paving Project No.1. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. (Necessity lor Improvement) RESOLUTION NO. 144-79 WHEREAS, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Cierk showing among other things the following: 1. The assessment llmits, if any 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1979 ASPHALT PAY- INGPROJECTNO.I. 1. Alley at City Hall from Central Avenne to Iowa Street. 2. Alpine Street from the N.P.L. of Dodge Street to the S.P.L. of University Avenue. 3. Bluff Street from the north curb line of Dodge Street to the sonth curb llne of Jones Street. 4. Burch Street from the S.P.L. of Hill Street to the N.P.L. of Fenelon Place. 5. Devon Drive from the north curb line of Dodge Street to the south curb line of Mineral Street. 6. DodgeStreet crack filiing from Bluff Street to Grandview Avenue. 7. Dove Street from the soutb curb line of Sunset Park Cirele to a point 440' south therefrom. 8. Fifth Street from the west curb line of Locust Street to the east curb line of Bluff Street. 9. Nevada Street from the N.P.L. of Dodge Street to the S.P.L. of West Third Street. 10. Ninth Street from the E.P.L. of Central Avenue to the W.P.L. of White Street. 11. O'Neill Street from the W.P.L. of Burden Avenue to the E.P.L. of Brunswick Street. 12. Pennsylvania Avenue from the west curb line of Chaney Road to the east curb line of Lenox Avenue. 13. Bockdale Road from the sonth curb line of Grandview Avenue to a point 150' south of Kelù Court. 14. Rosemont Street from the north curb line of Pennsylvaula Avenue to a point 200' north of Croston Street. 15. Sunset Park Circle from the west curb line of John F. Kennedy Road to a point 330' north of Meggan Drive. 16. White Street from Fourth Street to Fifth Street and from Sixth Street to Eighth Street. 17. Windsor Avenue from the W.P.L. of Rhomberg Avenue to the W.P.L. of East 22nd Street. 18. Wood Street from the N.P.L. of Loras Blvd. to the S.P.L. of Rose- dale Avenne. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and mùess property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be construc- ted and done in accordance with the plans and specifications which have hecn prepared therefor by the City Engineer which have hecn approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement - - 282 Regular Session, July 2,1979 will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts there- on or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax Fund. Street bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 4th day of June, 1979. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 2nd day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved final 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. Decision of Council upan objections to plans, specifications, frmn of cantmet arul cost of improvements RESOLUTION NO. 166-79 WHEREAS, proposed plans and specilications and form of contract for the City of Dubuque 1979 Asphalt Paving Project No.1: 1. Alley at City Hall from Central Avenue to Iowa Street. 2. Alpine Street from the NP.L. of Dodge Street to the S.P.L. of Uuiversity Avenue. 3. Bluff Street from the north curb line of Dodge Street to the south curb llne of Jones Street. 4. Burch Street from the S.P.L. of Hill Street to the N.P.L. of Fenelon Place. 5. Devon Drive from the north curb of Dodge Street to the south curb line of Mineral Street. 6. Dodge Street crack filling from Bluff Street to Grandview Avenue. 7. Dove Street from the south curb line of Sunset Park Circle to a point 440' south therefrom. 8. Fifth Street from the west curb line of Locust Street to the east curb line of Bluff Street. 9. Nevada Street from the N.P.L. of Dodge Street to the S.P.L. of West Third Street. 10. Ninth Street from the E.P.L. of Central Avenne to the W.P.L. of White Street. 11. O'Neill Street from the W.P.L. of Burden Avenue to the E.P.L. of Brunswick Street. 12. Peunsylvania Avenue from the west curb line of Chaney Road to the east curb line of Lenox Avenne. 13. Bockdale Road from the south curb line of Grandview Avenue to a point 150' south of Kehl Court. 14. Rosemont Street from the north curb llne of Pennsylvaula Avenue to a point 200' north of Creston Street. 15. Snnset Park Circle from the west curb line of John F. Kennedy Road to a point 330' north of Meggan Drive. 16. White Street from Fourth Street to Fifth Street and from Sixth Street to Eighth Street. 17. Windsor Avenue from the W.P.L. of Rhomberg Avenue to the W.P.L. of East 22nd Street. 18. Wood Street from the N.P.L. of Loras Blvd. to the S.P.L. of Rose- dale Avenue have hecn approved by the City Council of the City of Dubuqne and public notice given as provided by Chapter 384 of the Code of Iowa, 1979, pertaiuing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improve- ments, said time being this 2nd day of July, 1979: and WHEREAS, the City Council met in regular session this 2ud day of July, 1979, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made: and WHEREAS, all interested. parties have been given an opportnnity to be heard and all objections which have been duly weighed and considered: now, therefore Regular Session, July 2, 1979 1 BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and tbe same hereby over- ruled and such plans, specifications and form of contract beretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said Improvement. Passed, adopted and approved this 2nd day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tully. Nays-None. (Ordering Constru£tion) RESOLUTION NO. 167-79 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a resolution of necessity No. 144-79 whicb was duly passed by this Council, for the City of Dubuque 1979 Asphalt Paving Project No.1: 1. Alley at City Hall from Central Avenue to Iowa Street. 2. Alpine Street from the N.P.L. of Dodge Street to the S.P.L. of University Avenne. 3. Bluff Street from the north curb line of Dodge Street to the south curb line of Jones Street. 4. Burch Street from the S.P.L. of Hill Street to the N.P.L. of Fenelon Place. 5. Devon Drive from the north curb line of Dodge Street to the south curb line of Mineral Street. 6. Dodge Street crack filling from Bluff Street to Grandview Avenue. 7. Dove Street from the south curb line of Sunset Park Circle to a point 440' south therefrom. 8. Fifth Street from the west curb line 283 of Locust Street to the east curb line of Bluff Street. 9. Nevada Street from the N.P.L. of Dodge Street to the S.P.L. of West Third Street. 10. Ninth Street from the E.P.L. of Central Avenne to the W.P.L. of White Street. 11. O'Neill Street from the W.P.L. of Burden Avenue to the E.P.L. of Brunswick Street. 12. Peunsylvania Avenue from the west curb line of Chaney Road to the east curb line of Lenox Avenue. 13. Rockdale Road from the south curb line of Grandview Avenue to a point 150' south of Kehl Court. 14. Rosemont Street from the north curb line of Pennsylvaula Avenue to a point 200' north of Creston Street. 15. Snnset Park Circle from the west curb line of John F. Kennedy Road to a point 330' north of Meggan Drive. 16. White Street from Fourth Street to Fifth Street and from Sixth Street to Eighth Street. 17. Windsor Avenue from the W.P.L. of Rhomberg Avenue to the W.P.L. of East 22nd Street. 18. Wood Street from the N.P.L. of Loras Blvd. to the S.P.L. of Rose- dale Avenue. be and the same are hereby ordered and constrncted by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto" fore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the private- ly owned property lying within the assessable distance from the improve- ments, whether such property abut npon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits con- ferred, and any deficiency will be paid out of the Road Use Tax Fund. Pay- meut wili be made to the contractor out of funds reallzed from the sale of bonds to be issned in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in. the manner provided by law, the Regular Session, July 2, 1979 284 Regular Session, July 2,1979 285 Nays-Mayor Wertzberger, Council Members Brady, King, Tully. MOTION FAlLED. COUNCIL RECESSED AT 10:25 P.M. RECONVENED AT 10:30 P.M. RESOLUTION NO. 168-79 Anthorizing the Execution of a Contract with Phone-A-Friend WHEREASPhone-A-Friend has sub- mitted a proposal to establish an Information snd Referral Service: and WHEREAS such an Information and Referral Service will provide the public comprehensive information on services available in the community; and WHEREAS Phone-A-Friend repre- sents itself as technically and profes- sionally qualified to provide services to effectively carry ont the goals of an Information and Referral Service: and said improvements shall be completed on or before 90 days after notice to proceed has hecn issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of inunediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and spproved this 2nd day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chambers at the time set for the hearing. Council Member Tully moved that the proof of publication be received and rued. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communicstion of Planning & Zouing seeking approval of the Interim Zoning Ordinance, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 39-79 AN ORDINANCE ESTABIJSffiNG TEMPORARY ZONING REGULA- TIONS FOR TERRITORY INVOLUN- TARILY ANNEXED TO THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at tbe Conncil Meeting of June 4, 1979, presented for final adoption. WHEREAS, in certain eases, building and land development activities have hecn commenced within the annexation area, which are hereby found and declared to be consistent with the General Development Plan of the City of Dubuque, and it is the purpose of this Ordinance to provide for their lawful continuation pending the establishment of zoning regulations under procedures described in Article VIII of Appendix A of the Code of Ordinances: NOW THEREFORE BE IT OR- DAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Dubuq-u£ County Zoning Map, CUI Exhibit "A" hereto attO£hed pertaining to areCUI involuntar- ily annexed to the City of Dubuque, Iowa, is hereby adnpted by reference ami is established CUI a temporary z<ming map for su£h areCUl, pending establish1TUJnt of wiling classifications of the City of Dubuque Zanmg OrdinOfI1£c ami Zrm,;,g Map O£cording to proce- dures prescribed in Article VIII thereof RegvIations of the City of Dubuque Z<ming Ordinœnce sholl apply to Dubu- que C<w.nty Map classifications O£cor- ding to the foUowing table: Dulmque Cty. Zoning City of Dubuque Map Classifications Zrm."ng Districts C-l Conservancy AG AGricultural A-I Agricultural AG Agricultural R-l Rural Residential R-l Residential R-2 SgL-fm1y. ResidenceR-l Residential R-B SgL-fmly. ResidenceR-l Residential R-4 Multi-fmly. Res. R-4 Residæntial R-S Multi-fmly. Res. R-4 Residential B-1 Bus. Dist. C-B Arterial Busfness B-2 Hwy. Bus. Dist. c-s Arterial Bus. M-l Lt. Ind. Dist. L-1 Light Imiustrial M-2 Hvy. Ind. Dist. L-l Light Industrial PCPtnd. Comp. R-2PI:nd. UnitDevel. Section 2. The foUowing properties are decwed to be not subject to temporary zoning provisions of this ordinœnce, a:nd sholl remnin in the AG Agricultural District CUI provided in Section 10S.S of ApperuIix '~.. of the Code of Ordinœnces of the City of Du/mque, Iowa. pending further stndy a:nd reclassification O£Cording to Article VIII thereof; a. POlItial Lots 7 through 10, inclusive, of Shipt<m's Addition; part of vacated Coffolæ Street; a:nd POlItial Lots 117 through 121, inclusive a:nd Lot 1 of POlItialLot 122, in Shipt<m's Additi<m in Township 88 Nrrrth, Range 2 East of the Sth P.M. (Tschiggfrie Exca:vating Cmn- pœny property <m Julien Dubuque Drive) . b. PolIt of Lot 1 of Lot 1 of Lot 1 of Cedor Ridge Farm subject to z<ming reclassification O£cording to Dubuque ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. WHEREAS such a serviee is to be jointly funded by the city of Dubuque county of Dubuque and United Way of Dubuque: and WHEREAS, it is deemed to be in the best interest of the city of Dubuque to enter into such a contractual arrange- ment: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be a:nd he is hereby authorized a:nd directed to execute a c<mtrO£t <m behalf of the city of Dubuq-u£ with PIwne-A-Friend for technical a:nd professi(Jl1f1} services in a:n a-rrwunt not to exceed $1S, 000. Passed, approved and adopted this 2nd day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members AN ORDINANCE of the City of Dubu- que, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa be amended by enacting a new Chapter 18'12 thereof to provide for the regula- tion of Radioactive Materials transpor- ted to the City of Duhuque, Iowa and to provide for penalties for the violation thereof, said Ordinance hsving hecn previously presented and read at the Council Meetings of June 4, 1979 and June 18, 1979, presented for final adoption. Dan Ebener spoke to the Conncil and requested adoption of the Ordinance. James Schwab, Ames State Coordina- tor of Iowa Research Gronp, stated they see no problem between state rules and N.R.C. rules: Normal delay in making rules is making hearin~s; City should bave a voice in the planning process, No State or Federal regulations at this time: Basically in alliance with future rules; No cities in Iowa have passed an ordinance of this nature and 2 cities are presently considering: About 50 exist in the whole United States: Not trying to shut down nuclear energy with this Ordinance. Paul Fuerst, Eva Leo, Peter Weidus, Joanne Hall and Elsie Dalavega all requested adoption of the Ordinance. Council Member Brady moved final adoption of the Ordinance. Seconded by Council Member Farrell. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Member Farrell. ORDINANCE NO. 39-79 AN ORDINANCE ESTABIJSIßNG TEMPORARY ZONING REGUlA- TIONS FOR TERRITORY INVOLUN- TARILY ANNEXED TO THE CITY OF DUBUQUE, IOWA. WHEREAS, the City Development Board of the State of Iowa has issued a final order annexing certain territory to the City of Dubuque, Iowa, effective June 1, 1979; and, WHEREAS, Section 1-103.5 of Ap- pendix A of the Code of Ordinances of the City of Dubuque, Iowa, known as the Zoning Ordinance and Zoning Map of the City of Dubuque, provides that annexed property sball be classified in the AG Agricultural Zouing District, pending request for reclassification: and ATTEST: Leo F. Frommelt City Clerk Coüucil Member King moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Proof of Pnblication, certified to by the Publlsher, of Notice of Public Hearing on an Ordinance establishing temporary Zoning Regulations for terri- tory involuntarily annexed to the City, WHEREAS, tbe Planning and Zouing Cononission has commenced a stndy of land-uses and zoning classifications heretofore establlshed in the annexation area, and will propose zouing district classifications for sucb areas, will con- duct public hearings, and will make recommendations to the Dubuque City Council on the establishment of zouing districts within the annexation area, and 286 Regular Session, July 2, 1979 County Zaning Cmie No. 9000-3-78 (Nemmer's CeMr Ridge ImWJtrial Ex- tensian). c. Lot 1 of Northwest 'I. of Southwest '(" Section 28, Township 89 North, funge 2 East of the 5th P.M (Schiltz Highway 20 imustrial property). d. Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Bwck I of Northrange Imustrial Park (undevewped portÙm of Northrange property east of Radford fuad. ) e. Lot 1 of Lot 1 of Lot 1 of Bwck II of Northrange ImWJtrÙú Park (umeve- loped portion of Northrange property west of Radford Road. ) Section 3. That the provisions of this ordinance are declared to be temporary am are ?Wt to abridge or replace provisions of Appendix "A" of the Code of Ordinances of the Oily of Dubuque, Iowa, known as the Zaning Ordinance am Zoning Map of the Oity of Dubuque, Iowa. Section 4. That the foregoing hw; previoWJly been approved by the Oity of Dubuque Plo:rming a:nd Zaning Cmnmis- sian. Passed, approved and adopted this 2nd day of July, 1979: Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members Nays-None. Petition of Andy Frommelt et al requesting sewer, water, Police & Fire Protection to property in the north end east of Highway 52 recently annexed, to facilitate improvement of the area, presented and read. Council Member Tully moved that the petition be referred to the City Mana- ger and City Engineer for investigation and report. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Recreation Department requesting to address the Council regar- ding vandalism problerus incurring on Bunker Hill Golf Course and requesting to constrnct a chain link fence along N. Grandview Ave., presented and read. Gil Spence of the Recreation Depart- ment spoke to the petition. Council Member Tully moved that the request be approved provided cost be made with off-setting revenues. Se- conded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Our Redeemer Lutheran Church requesting permission to close off Woodiand Drive on July 22nd to conduct a Church Social, presented and read. Council Member Tully moved that the reqnest be approved subject to final approval of the City Manager. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Michael McCarron et al requesting the vacation and sale of Aspen Street to Michael McCarron et al & F. Paul Lees et ai, presented and read. ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of July, 1979. Leo F. Frommelt City Clerk 1t 7/9 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nsys-None. Petition of Mrs. Helen Barton et al (13 signers) reqnesting water and sewer service to Liberty Street, presented and read. Mrs. Mary Lusson of 934 Liberty St., spoke in favor of the request. Council Member Farrell moved that the petition be referred to the City Mansger and City Engineer for investi- gstior and report. Seconded by Council Member Tully. Carried by the follow- ing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Council Member Tully moved that the petition be referred to the City Mana- ger and Staff for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 169-79 WHEREAS, the City Council of the City of Dubuque, Iowa has been made aware of duplications in street names within the City of Dubuque, Iowa and in subdivision contiguous to the City of Dubnque: and Regular Session, July 2,1979 , WHEREAS, said duplicate' street names create coufusion for dispatchers of emergency vehicles and therefore constitnte a hazard to the safety of the people of the City of Dubuque: and WHEREAS, in the normal course of events it is necessary for plats of all subdivisions contiguous to the City of Dubnque to be processed through the City of Dubuque Planning and Zoning Commission; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1- That the Oity of Dubuque Zoning Administrator shall, in the future, require streets to be na11U!d a:nd review street na11U!s in contiguow¡ subdivisions to ensure that ?W street is na11U!d indentkal1y or con.fw;ingly simi- larily with na11U!S of QUITently existing streets in the Oity of Dubuque a:nd/or contiguous sabdivisions, before grant- ing œpprovol for future subdivisitms. Section 2. That the Oity of Dubuque Zoning Administrator s/u1l1 certify, in writing, to the Oity Council of the Oity of Dubuque, Iowa that street names Iw:ve been reviewed, at the time that firwl p/n1s are presented to the Oity Council. Passed, approved and adopted this 2nd day of July, 1979. Richard Wertzberger Mayor Thomas A- Tully, Jr. D, Michael King James E- Brady Carolyn Farrell Council Members ATTEST: LeoF. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Homer L. Adkins object- ing to the conditioo their yard was left in after construction of a trunk line sewer and granting easement to the City" 1'(, years ago, and requesting the yard be put back into its original rondition, presented and read. Council Member Brady moved that the petition be referred to the En- gineering Department and they be authorized to solve the problem. Seconded by Couneil Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. 287 RESOLUTION NO. 170--79 WHEREAS, the City of Dubuque, Iowa has negotiated with the Dubuque Chamber of Commerce to provide pro- fessional services in conducting stndies of local employment and econouúc con- ditions, and in the formulation of plans, policies, and programs for the enhance- ment of economie conditions and em- ployment opportunities; and WHEREAS, a copy of said Agree- ment is hereto attached and by refer- ence made a part hereof, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Agreement by a:nd between the Oity of Dubuque, Iowa a:nd the Duhuque Chæmber of Com- merce be a:nd the same is hereby approved. SectIon 2. That the Mayor a:nd the City Clerk be a:nd they are hereby autharized a:nd directed to exeQUte said Agree1M7lt for a:nd em behalf of the Oity of Dubuque, Iowa. Passed, approved and adopted this 2nd day of July, 1979. Richàrd Wertzberger Mayor D. Michael King Carolyn Farrell Council Members ATTEST: LeoF. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Couneil Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Couneil Members Farrell, King. Nays-Council Member Brady. Abstain-Council Member Tully. Communieation of Telegraph Herald requesting names of persons who have formaily applied for the position of City Manager, also any opinion received from Staff of the Corporation Counsel concerning procedure being followed by the Council. Council Member Tully moved that the communication be received and filed and referred to Corporate Counsel. Seconded bv Council Member King. Carried by tfie 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 with respect to social, environmental and economic aspects of the project of Keyline assistance from DOT, pre- sented and read. No written objections were ftIed and ~-~-~- 288 Regular Session, July 2,1979 no oral objectors were present in the Council Chambers. Council Member Tully moved that the' proof of pubilcation be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Keyline Transit Mgr. requesting acceptance of proof of publication and conduct the. publlc hearing relative to DOT State assis- tance anticipated in the FY 1980 Bud- get, in a reduced amount, presented and read. Council Member Tully moved that the communieation be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Keyline Transit Mgr. submitting final bid offers for furnishing two small wheelchair lift- equipped buses, fifty bus stop benches and five bus stop shelters, purchase subject to assistance from UMTA, presented and read. Council Member Tully moved that the commuuication be received and filed and bids be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. Communication of Planning & Zoning requesting concurrence in approval of plat snbdividing Lot 1-1-1-1-1-1 of SW'I, of SW'I, Section 28 T89N R2E 5th P.M. (south of Old Highwsy 20 west of the Coach House). presented and read. Council Member Tully moved that the commuuication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUflONNO.I71-79 A Resolution approving the plat of the Subdivision 01 Lot I of Lot 1 01 Lot 1 01 Lot 1 01 Lot 1 of Lot 1 of the Southwest one-quarter of the southwest one- quarter, Section 28, Township 89 north, range . 2 east 01 the 5th principal Meridian, being in the (,ïty 01 Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk of the City of Dubuque, low" a Plat of the subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest One-Quarter of the Southwest One-Quarter, Section 28, Township 89 North Rsnge 2 East of the 5th Principal Meridian, being in the City of Dubuque, Iowa: and WHEREAS, said Plat has been ex- amined by the City Planning and Zoning Commission and they have found that the same conforms to statutes and ordinances rel,ting thereto: and WHEREAS, said Plot has been ap- proved by the City Planning and Zoning Commission on the condition that the owner of the property included in said Plat shall have a covenant recorded against the title to proposed Lot 2 which covenant shall require a yearly inspection of the septic system and a biennial pumping of the septic tank until snch time as proposed Lot 2 is provided with puhlic sewer service: and WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commission on the further condition that fnture divisions of the property included within the Plat mnst be accompanied by a proposed plan which provides for the orderly development of the entire property: and WHEREAS, said Plat has been ex- amined by the City Council and they fmd that the same conforms to the statutes and ordinances relating there- to: and WHEREAS, the City Council concurs in the conditions of approval established by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE' CITY OF DUBUQUE, IOWA: Section 1. Thai the P/nJ; of the subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the &uthwest One-Qun.rter of the Southwest One- Qun.rter, Section 28, To-wnShip 89 Nm-th, Ro:nge 2 East of the 5th Prindpal Meridiœn, being in the City of Du/ruque, Iowa, be aIIIt Ute same is hereby approved o:nd,the Mayor o:nd City Clerk are hereby anthorized o:nd directed to endorse the approval of the City of Dubuque, ,Iowa upon soid P/nJ;, provitkd that the owners of said property slwllexecute their written =eptœnce hereto aitO£hed, O£krww- ledging o:nd agreeing: (alTha! the owners of the property included'within said Plat shatl es- tablish OQoinst the title of pro- posed Lot 2 a covenœnt which slwll Regular Session, July 2, 1979 289 require the owners of soid lot to have the septic system of soid wt inspected yearly and to provitk for a pumping of the septic tank on said wt at le""t once every two years until sueh time os said wt slwll be conrwcted to a ¡rublic sew- er system. ( b ) That ai the t,me any future di- vision of the property included within said Plat is proposed, the owners of soid property slwll submit a pion which shull provide for the ortkrly tkvewpment of the entire property. Section 2, That in the event the owners slwll foil to execute the Accep- tance provitkd for in Section 1 hereof within forty-five (l,5)dßys after the dnie of this Resolution, the provisions hereof s/wlJ be null o:nd vaid o:nd the approval of the P/nJ; slwll not be effective. Passed, adopted and approved this 2nd day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt ACCEPTANCE OF RESOLUTION NO. 171-79 We, the undersigned E. Marie Brad- ley, James H. Bradley and Nancy L. Bradley having read the terms and conditions of the foregoing Resolution No. 171-79 and beiug familiar with the conditions thereof, hereby accept the same and agree to perform the condie tions required therein. Dated in Dnbnque, Iowa, this 23rd day of July, 1979. E. Marie Bradley James H. Bradley Nancy L. Bradley Council Member Tully moved adop- tion of the Resolution. Seconded by ('Æ>uncil Member Farrell. Carried by the following vote: ' Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning recommending approval of proposed West Third/Alpine Historic Preserva- tion District, presented and read. Council Member Tully moved that the communication' be rcce,ved and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Historic Preserva- tion Commission submitting a proposed Ordinance creating tbe West 3rd Street! Alpine Street Preservation Dis- trict, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE establishing the West Third/Alpine Historic Preserva- tion District containing the following properties described as "All of Lot 1 thru Lot 3, inclnsive: all of Lot 4 excepting the Nly 10' thereof: all of the South '12 of Lot 6, all of Lots 12 thru 16, inclusive, and all of Lots 12A thru 16A, inclusive: all being in Paulina Lang- worthy's Addition, The West 15' of Lot 4: all of Lot 5: and Lot 6: all being in McCoy Snbdivision: All of Lots 1 thru 6, inclusive, of Lot 2 and Lot 3, all of Lot 4, and all of Lots 5 thrn 8 inclusive, ex- cepting the Nly 12' of all of them, all being in Mrs. L. A. Langworthy's Addition: Lots 1 thru 4, inclusive, Lot 1 of Lot 6; Lots 28 thrn 32, inclusive: Lot 1 of Lot 1 Lot 10fLot33: and Lot 1 and Lot 2 of Lot 2 of Lot 33: all being in T. S. Nairn's Dubuque Addition, all properties are all located in SW'I, of NW'I. of Sec. 25, T89N R2E of the 5th P.M. in the City of Dubuque, Iowa", pursuant. to the requirements of Ordinance 18-77, presented and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberg-er, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken. be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that a public hearing be held on the Ordinance on Angust 6, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Ball and that the City Clerk be instructed to publish notice of the hearing in the mauner required by law. Seconded by Council Member Farrell. Carried by the following vote: ~~-~~~- -- Regular Session, July 2,1979 Regular Session, July 2, 1979 290 291 contract for the above mentioned im- provement be awarded to Tri-State Paving, Division of Dubuque Stone Prodncts, Inc.. subject to Federal Highway Administrstion concurrence and the Manager be and he is hereby directed to execute a contract on behalf ofthe City of Dnbuque for the complete perfonnance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of July, 1979. Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Pubiication, certified to by the Pubiisher, of Notice to Bidders for Traffic Signals on J. F. K- Road from Penosylvania to Asbury Rd., presented and read. Council Member Farrell moved that the proof of publication be received and fùed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farroll, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Bidders for Paving on J. F. K. Road from ponnsyl- vania to Asbury Rd., presented and read. Council Member Farrell moved that the proof of pubiication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communieation of City Manager re- commending award of Paving Contract to Tri-State Paving Co. on J. F. K. Road from Pennsylvania to Asbury - 6.9 % over estimate -- Traffic Signals to be re-bid-18.7% over estimate, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Brady. Carried by tho following vote: Yeas-Mayor Wertzberger, Couneil Members Brady, Farrell, King, Tully. Nays-None. (Awarding Contract) RESOLUTION NO. 172-79. WHEREAS, sealed proposals have hecn submitted by contractors for the construction of John F. Kennedy Road from ponnsylvania Avenue to Asbury Road pursnant to Resolution No. 129-79 and notice to bidders published in a newspaper published in said City on 5-25,6.1,6-8, 1979, and WHEREAS, said sealed proposals were opened and read on June 19, 1979 and it has hecn determined that the bid of Tri-State Paving, Division of Dubu- que Stone Products, Inc. of Dubuqne, Iowa in the amonnt of $1,045,844.92 was the lowest bid for the furalsbing of all labor and materials and performing the work as provided for in the plans and specifications: now therefore, BE IT RESOLVED by the City Couneil of the City of Dubuque that the Iowa is desirous of purchasing said real estate for a grcen area within said subdivision: and said owner has offered said real estate to the City of Dubuque, Iowa for the purchase price of $1,000.00: and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that said purchase price is fair and reasonable and that the purchase of said real estate is in the best interests of the City of Dubuque, Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Thai; the purchase of the hereinahove described real estaie from Mettel Realty and Investrrwnt Co. for a green area in said subdivisÙm for the purchase pri£e of $1,000.00 is in the best interests of the City of Dubuque, and thai the purchase of sar1U3 be and is hereby approved. Section 2. Thai tM City Mœnager and the City Cm-poratùm Counsel be and they are hereby authm-ized and directed to do any aod all things necessœry to consumtTWte said sale. Passed, approved and adopted this 2ud day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. James E. Brady Carolyn Farrell Couocil Members WHEREAS, under provisions of TItle I of the Housing and Community Development Act of 1974, the City of Dubuqne prepared and subDÚtted an application for a Community Develop- ment Block Grant: and WHEREAS, the application has hecn approved for the City of Duhuque in the amount of $1,097,000 for a twelve- month program beginning July 1, 1979: and WHEREAS, a Grant Agreement covering the activities proposed to be carried out with Community Develop- ment Block Grant funds has hecn tendered the City of Dubuque: now therefore Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E- Brady Carolyn Farrell Council Members BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Thai; tM Grant Agree- rlU3nt, œuthorized by tM u.S. Depart- nwnt of Housing aod Urb"" Devel.op- men! em June 28, 1979, for Dubuque's Fifth Year Commuuity is hereby OÆ:cepted. Section 2- Thai tM Mayor of the City of Dubuque be and he is hereby avÜwrized aod directed to execute a Cmmnunity Development Block Gront Progrom Agreement identified as Gront Agreement B-79-MC-19-0004 for sub- mission to tM u.S. Ðepart:>rwnt of Honsing aod Urban Development. Passed, approved and adopted this 2nd day of July, 1979. Richard Wertzberger Mayor D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning advising of establishment of an advisory subeommittee to investigate the preser- vation of open space areas in the City and if the Council 80 wishes, the Staff would be eager to discuss the matter, presented and read. Council Member Tully moved that the commuuication be received and filed and Planning & Zoning keep Council informed. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 173-79 WHEREAS, Mettel Realty and In- ventment Co. is the owner of certain real estate described as: Lot 2 of Block 17 and Lot lA of Block 6 in Mettel-Bryne Addition in the City of Dubuque, Iowa comprising 3.74 acres more or less, copy of plat tbereof being attached hereto and by reference made a part hereof, and ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop~ tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farren, Tully. Nays-None. Abstain-Council Member King. Commuoication of Dan Dittemore, Director of Community Deveiopment, submitting a resolution covering the ex- ecntion of a Grant Agreement with HUD, presented and read. Council Member Farren moved that the communication be received and fùed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Brady. Abstain-Council Member Tully. RESOLUTION NO. 174-79 Authorizing the Execution of a Com- munity Develop_nt Block Grant Agreement with Department of Hous- ing and Urban Development ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Brady. Abstain-Council Member Tully. Communication of the City Manager requesting that the City Clerk be authorized to sign papers during his absence the week of July 9, 1979, presented and read. Council Member Farrell moved that the request be approved. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzhergnr, Council Members Brady, Farrell, King, Tully. Nays-None. WHEREAS, the City of Dubuque, 292 Regular Session, Jnly 2, 1979 Petition of the Power of Prayer requesting permission to conduct a rosary procession and outdoor Mass on Sunday P.M. on July 22nd, 1979, presented and read. Council Member Tully moved that the request be ap- proved subject to approval of the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 175-79. BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Ron Blakemen Greg Adams, Jeff Maggio, Rich Eichacker 1064 University WilliamJ. Baum 500 Rhomberg Ave. D.B.Q. Inc. 4th & Locust St. Design Center, Inc. Office Grill 9th & Main St. Design Center,lnc. Julien Motor Inn 200 Main Street Fischer & Co., Inc. Bowling Lanes 880 Locust St. Dubuque Golf & Country Club 1800 Randall PI. Dubuque Yacht Basin, Inc. 1630 E. 16th St. General Cinema Corp of lows Kennedy Mall Grdvw. Drug, Inc. 486 N. Grdvw. Ave. David H. Hoffman 450 W. Locnst St. Gerald C. Kirchberg3203 Jackson Marc's Big Boy- Dubuque Merlin Morett Nabors Drug # 4 Gary R, & Ron. L. Oberbroeclding 1899 Bockdale Rd. Pusateri Bros., Inc. 2400 Central Ave. Sally Jo Roy 400 Central Ave. Kevin J. Schlosser 2195 C'Amtrai Ave. Viand Inc. 2660 Dodge St. James R. Winders 1701 Central Ave. William (Tony) Urbain 2186 Central Ave. Mi-Lo Associates 3100 Dodge St. Robert R. Robinson 1122 Dodge St. J & P O'Hara 855 Century Drive Passed, adopted and spproved this 2ud day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King 1048 Central Ave. 1630 E. 16th St. Plaza 20 3198 Central Ave. 1920 Elm St. James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas~Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 176,79 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed: and WHEREAS, The premises to be occupied by such applicauts were in- spected and found to comply with the Ordinances of this City and have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that tbe Manag- er be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dennis G. Larsen 1322 Central Ave. CLASS "C" BEER PERMIT John George Miller, Sr. Riverview Pk. (Also Sunday Sales) Passed, adopted and approved this 2nd day of July 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolntion. Secouded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 177-79. WHEREAS, Applicatious for Liquor Licenses have been snbmitted to this Council for approval and tbe same have been examined and approved: and Regular Session, Jnly 2, 1979 293 WHEREAS, The premises to be occupied 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 THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that tbe Manag- er be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James J. Birkett 55 Weust St. Alfred L. Brandt 2600 Central fischer & Co., Inc. 880 Weust St. (Also Sunday Sales) Sally Josephine Bøy 400 Central Ave. Passed, adopted and approved this 2nd day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Cierk Council Member Brady moved adop- tion 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 E.C.I.A. submit- ting information relative to D.O.T. upgrade of U.S. #20 (Dodge St.) be- tween Grandview Ave. and Rising Ave.. presented and read. Council Member Tully moved that the commnnication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of the Colts Drum & Bugle Corps being aware of the feasibil- ity study from the development of Roosevelt park and reqnesting that a football field area be incorporated for continued summer practice use, pre- sented and read. Council Member Tully moved that the commnnication be received and filed and referred to the Recreation Depart- ment and Park Board. Seconded by Councii Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of tbe Fiscber Com- panies submitting a list of cities along the river relative to wharfage fees, presented and read. Council Member Tully moved that the commuuication be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Brady moved that Wayne Norman be appointed to the Civic Center Commission. Seconded by Council Member King. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Members Brady, King. Nays-Mayor Wertzberger, Council Members Farrell, King. MOTION FAlLED. Council Member Tully moved that Robert H. Wahlert be appointed to the Civic Center Counuission for a 2 year term expiring 6-29-81. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Farrell moved tbat Rosemary Cronin be appointed to the Historic Preservation Commission for a 3 year term expiring 6-29-82 (replacing Louis Kirkwood). Seconded by Council Member Tully. Carried by the follow- ing vote: Yeas-Council Members Farrell, King, Tully. Nays-Mayor Wertzberger, Council Member Brady. Council Member Brady moved tbat Richard Jones be appointed to the Ambulance Study Task Force (repre- senting Ambulance Driver). MOTION DIED FOR LACK OF A SECOND. Council Member Tully moved that Charies Cyberski be reappointed to the TV Cable Commission for a one year term expiring 6-29-80. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members King, Tully. Nays-Council Members Brady, Farreil. Council Member Farrell moved that Justin B. Galler be appointed to the TV Cable Conouission for a one year term expiring 6-29-80. Seconded by Council Member Brady. Carried by the follow- --- - - 294 Regular Session, Jnly 2, 1979 ing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Members King, Tully. Council Member Farrell moved that Wm. Hammel be appointed to the Housing Code Board of Appeals (repre: bilitation Commission). Council Member Tully. - following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Conncil Member Brady. MINUTES SUBMITTED -- Planning & Zoning Commission of 4-3, 4-24, 4-25, 5-2 & 5-14: Park Board of 5-11, Dubuque Five Flags Center of 6-20, Dock Commission of 5-16, Housing Commission of 6-19 and Yonth Services of 6-6, presented and read. Council Member Farrell moved that the minutes be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Commuuication of City Manager sub- mitting reports of Treasurer, Finance Director, Water Supt., Health Dept., also llst of claims for month of May, 1979, presented and read. Council Member Farrell moved that the communication be received and fded. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publlsher, of List of Receipts & Disbursements for month of May, 1979, presented and read. Council Member Farrell moved thst the proof of publlca- tion be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully- Nays-None. Commuuication of Iowa DEQ grant- ing construction permit for sewer and water to Iowa Northwestern Develop- ment Co- - Arbor Oaks Block 8, pre- sented and read. Council Member Farrell moved that the commuuication be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully- Nays-None. Commuuication of Corporation Coun- sel recommending denial of claim of Elsie Stieber for personal injuries, presented and read- Council Member Farrell moved that the communication be received and filed and recommendation of denial be ap- proved. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor W<>rtzberger, Council Members Brady, Farrell, King, Tully. Nays-None. NOTICES OF CLAlMS--Mrs. John Rogers, in amt. of $40. for car damage incurred as result of driving along broken up curb at 1917 Schiller Ave. on 6-4-79: Kim Mangers, in the amonnt of $20., for clothing damage incurred at the Five Fiags Center on 6-2-79: Mark L. Conoolly, in the amount of $626., for personal injuries while being transport- ed in a city ambulance on 11-23-78: Louis I. & Patricia Miller,in tbe amount of $75,000., for personal injuries receiv- ed in a fall at 1298 Main St. as the result of accumulation of ice and snow on 12-20-78: Notice of Suit submitted by Attorney Carew, in the case of Antoninette Kime vs. Dubuque Com- munity Sehool District, requesting the City to immediately defend the lawsuit and hold it harmless from any costs involved, presented and read. Council Member Farrell moved that the Notices of Claims and Notice of Suit be referred to the Corporate Counsel for investigation and report. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. July 2,1979 To The Honorable Mayor and Members of the City Council: In accordance with the provisions of Chapter 400 of the 1979 Code of Iowa the Civil Service Commission conducted PROMOTIONAL EXAMS on June 25, 1979, for members of the POLICE Department for Captains, Sergeants and Detectives. The following members of the Police Department have passed the written examinations with an average of 70'ro or better. Each classification contains a llst of ten persons in the order of their standing. CAPTAINS. Sehneider, Eric Hynes, James Gibson, Willism Oswald, Cycil Sand, Michael Kisting, Mark Paar, Frederick Stevens, John Golinvaux, D. J. Sjobakken, Gerald 83% 81% 77% 76% 76% 74% 73% 73% 72% 71% Regular Session, July 2, 1979 295 SERGEANTS. Schneider, Eric Feller, Paul Gravatt, Wm. Weis, David Swanton, Charles Callahan, Thomas Hirsch, Gerald Oswald, Cyril Galle, John Thilmany, Donald Verdick, Larry C. (10th position tied) 85% 83% 83% 83% 82% 81% 81% 80% 79% 78% 78% DETECTIVES. Gravatt, Willlam Verdick, Larry C. Swanton, Charles Callahan, Thomas Weis, David Thilmany, Donald DeBolt, David Galle, John Lovett, Joseph M. Rsschke, Thomas 84% 81% 80% 79% 79% 78% 76% 76% 75% 75% All promotions within the Pollee Department sbould be made from the above lists. Adolitional personnel is available, as a secon<t list, in the various classifications providing the above lists are exhausted within the next two years. Ricbard Zimmer Chairman John E. Hess Frieds Luther Civil Service Commissioners ATTEST: Leo F. Frommelt City Clerk Subscribsd and sworn to before me this 2nd day of July, 1979. Joleen A. Bechen Notary Public Councll Member Farrell moved that the communication be received and be made a Matter of Record. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petitions of Resurrection Men's Ser- vice Club requesting refund of $225. on unexpired portion of Beer Permit No. BB-7223, discontinued business on 6-24- 79 and Evelyn Hinkel requesting refund of $422.50 on unexpired portion of Liquor License No. LC-I0200, discon- tinued business on 5-31-79, presented and read. . Council Member Farrell moved tbat the refunds be approved and City Auditor directed to issue proper war- rants. Seconded by Couneil Member Tully. Carried by the following vote: Yeas-Mayor Wertzber¡¡er, Council Members Brady, Farrell, King, Tully. Nsys-None. Mayor Wertzberger announced there would be a Special Council meeting (Executive Session at 12:00 NOON on July 6, 1979 to discuss applicants for position of City Manager. There being no further business, Council Member Tully moved to ad- journ. Seconded by Council Member Farrell. Carried by the following vote: ~as-Ma~~rl~rg~, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Fronunelt City Clerk Approved Adopted 1979 1979 ATTEST: Council Members City Clerk 296 Special Session, July 6, 1979 CITY COUNCIL OFFICIAL Special Session, July 6, 1979. Council Met at 12:00 o'clock noon (C.D.T.) Present: Mayor Wertzberger, Coun- cil Members Brady, Farrell, King, Tully. Absent: City Manager Gilbert D. Chavenoelle. Mayor Wertzberger read the call and stated that service thereof had hecn duly made and this Meeting is ealIed for the purpose of FURTHER CONSIDER- ING APPLICATIONS FOR THE PO- SITION OF CITY MANAGER and acting upon such other business as may properly come before a Regular Meet- ing of the Council. Mr. Ed Ryan addressed the Council and presented a verbal statement re- garding the purehase of the "William M. Black", a paddlewheel steamboat. He advised he had talked to Eldon Newt and first hecame interested in the "Patrick Harley"; "Wm. M. Black" is now avallable: Donation is free except $1000. needed to Department of Gener- al Services. Mr. Ryan made a personal visit of steamboat and it measures 275' long: Paddle wheel on both sides; Would have to be cut down to get into the harbor. He advised the Council that over 30 cities are bidding on the steamboat; They have given up on trying to purchase the "Patrick Har- ley"; Would llke to dock it o~ Bob Kehl's property; Sleeps 63 people. Communication of Dnbuque Pro- fessional Firefighters Ass'n, relative to organization of Ambulance Study Task Force, presented and resd. Council Member Brady moved that the communication be referred to the Council and City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. At 12:19 P.M. Couneil Member Brady moved to gn into Executive Session to discuss applications for the position of City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays--None. Council reconvened in Regular Ses- sion at 1:30 P.M. Mayor Wertzberger announced the field for City Manager has hecn narrowed to 3 people; An- other meeting has hecn scheduled for Monday, July 9, 1979 at 2:00 P.M. to further evaluate candidates. There being no further business, Council Member Tully moved to ad- journ. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Couneil Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt City Clerk Approved Adopted Council Members ATTEST: City Clerk Special Session, July 9, 1979 297 CITY COUNCIL OFFICIAL 1979 1979 Special Session, July 9, 1979. Council met at 2:00 P.M. (C.D.T.) Present: Mayor Wertzberger, Coun- cil Members Brady, Farrell, King. Absent at Roll Call: Council Member Tully. Mayor Wertzberger read the ealI and stated that service thereof had hecn duly made and this Meeting is called for the purpose of FURTHER EV ALU- ATING APPLICATIONS FOR THE POSITION OF CITY MANAGER and acting npon such other business as may properly come before a Regular Meet- ing of the Council. Council Member Farrell moved to go into Executive Session to discuss appli- cants for position of City Manager. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Council retired into Executive Ses- sion at 2:05 P.M. to the City Manager's Office. Council Member Tully arrived at 2:06 P.M. prior to retirement to the City Manager's office. Council reconvened in Regular Ses- sion at 4:31 P.M. Mayor Wertzberger announced no conclusion had hecn made: Council Members will meet again on Wednes- day, July 11, 1979 at 2:00 P.M. in the Council Chambers. There being no further business, Couneil Member Tully moved to ad- journ. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt City Clerk Approved Adopted Council Members ATTEST: City Clerk 1979 1979 298 Special Session, July 11,1979 Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Special Session, July 11, 1979. Council Met at 2:00 P.M. (C.D.T.) \ Pre sent: Mayor Wertzberger, Coun- Approved cil Members Brady, Farrell, King, Tully. Adopted Mayor Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of FURTHER EVALUAT- ING APPLICATIONS FOR THE POSI- TION OF CITY MANAGER and acting upon sneb other business as may properly come before a Regular Meet- ing of the Council. Original Notice to Mayor Wertz- berger from the District Court for I Telegraph Herald, Inc. vs. Council ATTEST: Members of tbe City, being a petition at law by Telegraph Herald !lie. alleging violation of Chapter 28A in interviewing I candidates for tbe position of City Manager, presented and read. Council Member Tully moved that tbe OrÏinal Notice be referred to Corpora- tion Coun8oI. Seconded by Council Member Bnody. Carried by the follow- ing vote: Yeas-Mayor Wertzberger, Council Membe<s Brady, Farrell, King, Tully. Nays-None. At 2:10 P.M. Mayor Wertzberger called for an Executive Session to further evaluate applications for posi- tion of City Manager. Council Member Tully so moved to go into Executive Session. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Reconvened in Regular Ses- sion at 4:42 P.M. Mayor Wertzberger announced that W. Kenneth Gearhart had been selected to serve as City Manager, to replace Gilbert D. Chavenelle, effective August 1, 1979, at an annnal salary of $36,000.00 per year inclnding cost of living, but no fringe benefits. Council Member Tully moved the appointment of W. Kenneth Gearhart as City Manager effective Augnst 1, 1979 be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tully. Nays-None. There being no further business, Council Member Farrell moved to ad- journ. Seconded by Council Member 1979 1979 Council Members City Clerk Special Session, July 16, 1979 299 CITY COUNCIL OFFICIAL Special Session, July 16, 1979. Council met at 7:30 P.M. (C.D.T.) Present: Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Absent: City Manager Gilbert D. Chavenelle. Mayor Wertzberger read the call and stated that service thereof had beeu duly made and this Meeting is called for the purpose of APPROVING PRO- CEEDINGS FOR THE ISSUANCE AND SALE OF $1,500,000. MEDICAL CLINIC REVENUE BONDS and acting upon such other husiness as may properly come before a Regular Meet- ing of the Council. Proclamation proclaiming week of August 20, 1979 as "Mentally Handicap- ped Health Week" was read and so proclaimed by Mayor Wertzberger. Proof of Publication, certified to by the Publisher, of Notice of Levy of Special Assessment and intention of the Council to issue hondo to pay for Constrnction of City of Dubuque 1978 Asphalt Paving Project No.1, present- ed and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Statement of City Clerk certifying that notices of levy were mailed by certified mail to property owners of record to pay for cOst of 1978 Asphalt Paving Project No.1, presented and read. Council Member Farrell moved that the statement be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Dee Lenz of 1395 Iowa Street objecting to the proposed levy of Iowa Street becanse none of the improvement is in front of her property, preseuted and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTIONNO_178-79 (Sebedule of Assessments) Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the City of Dubuque 1978 Asphalt Paving Project No.1. 1. Bies Drive from the S.P.L. of Pennsylvania Ave. to the S.P.L. of Daniels Street. 2. Brunswick Street from the N.P.L. of O'Neill Street to the S.P.L. of Davis Avenue. 3. Carter Rd. from Asbury Rd. to Kaufmann Avenne -- patching 4. Century Drive from U.S. Highway #20 to Bies Drive -- patching 5. Daniels Street from the E.P.L. of Bies Drive to the W.P.L. of West Side Manor Subdivision. 6. Eagle Pt. Park -- parking lots at "Riverfront Pavilion" and "Shiras Memorial". 7. E. 21st Street from the W.P.L. of White Street to the E.P.L. of Central Avenue. 8. Foye St. from the N.P.L. of Lowell St. to the S.P.L. of Napier St. 9. Hill Street from the N.P.L. of Dodge St. to the N.P.L. of Wooten Street. 10. Iowa Street from the S.P.L. of Tenth Street to the S.P.L. of þ'our- teenth Street. 11. Julien Dubuque Drive from the City Limits to a point 565' norther- ly therefrom. 12. Race Street from the S.P.L. of Rose Street to the N.P.L. of W. Eleventh Street. 13. Ogle Street from the S.P.L. of Snnset Park Circle to the S.P.L. of Lot 3 of Block 8 of Sunset Park Subdivision 14. Owen Court from the S.P.L. of Sun- set Park Circle to the south end of the street. 15. Wartburg Place from the N.P.L. of Lot 2-1 Mineral Lot 132 to the N.P.L. of Lot 2-1 Mineral Lot 133. by Tri-State Paving Div. of Dubuque Stone Products Co., contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate aU as named, situated and owned, and for the several amounts set opposite eaeh lot or parcel of real estate, as set forth in the following schedule. TOTAL ASSESSABLE AMOUNT 300 sq. ft. sq. yd. lin.ft. no. of lin.ft. lin.ft. tin. ft. Special Session, July 16, 1979 I CITY OF DUBUQUE 1978 ASPHALT PAVING PROJECf 156.0 391.54 24.7 2 50.0 60.0 75.0 Construction Cost Engineering Exp. ¡Ph Int./52 days Total Cost CITY ASSESSABLE SHARE SHARE TOTAL $ 109,326.88 $130,677.53 $ 240,004.41 11,147.11 13,067.75 24,214.88 o 943.78 943.78 $120,473.99 $144,689.06 $265,163.05 SCHEDULE OF ASSESSMENTS For Hies Drive - From the S.P.L. 01 Pennsylvania Avenue to tbe S. P- L. 01 Daniels Street. DaieA. Wernecke: Memo of Contract: Thomas F. Leibold Memo of Contract: Key Apts. Associates (West) Special Session, July 16, 1979 I 4" Sidewalk @ 1.30 6" Sidewalk or Driveway @ 2.00 Concrete Sawing @ 1.25 Cateh Basins,. Single Type 101@600.00 -= 15" R.C.C.P. 017.00 6" D.I.P. @ 14.00 Drain Field @ 4.00 Construction Cost Less City Share Assessable Amount 10 % Engineering 5% Int/52 day 301 202.80 788.08 30.88 1,200.00 850.00 840.00 300.00 $51,001.31 7,477.59 43,523.72 4,352.37 314.34 $48,190.43 1-2-1- 2-2-1 SCHEDULE OF ASSESSMENTS For Brunswick Street - From the N.P.L. uf O'Neill Street to the S.P.L.ul Davis Avenue JeromeF.& Norma L. Ehlers VirgiuiaN. Kohn Rsymond J. & Euuice I. Dolter Ruth M. Ruhland & Shirley M. Sehmitz 1-119 " 1-118 2-119 2-118 Syl~,an ~lace $4,685.26 4,683.90 Delbert G. & Gary D. & Larry W. Mïller Delbert G. Miller Delbert G. Miller JnaultaF. Frederick Dubn~ue Hible Church 3,967.04 356.39 5,212.51 3.234.97 8,421.68 2,716.41 2,716.41 2,716.41 3,397.14 N.I33'-2-1-1 S.24'-2-1-1 1-1-1-1 2-1-1-1 I-Block 1- 2- " Kenneth T. & DonnaK. Brandel 3- " Richard L. Bolton 4- " Nellie Bies 5- " Gery C. Kremer & Janet K. Backes David Barry The Dubuque Bible Church Kenneth & Patricia Strong C. J. Bies Sub. Bernard J. & LeAnne M. Horsfall Ruth Shireman & Leo B. Johns 1,020.01 2,686.80 1,140.89 Nellie Bies 1-6- " 2-6 " All- L. Meyer Place 2-2-1-1-2NW'I<-NE'/4 Sec28- T89N-R2E-5 pm(Exc. N253.8- E50' 2-1-1-2 NW'/4-NE'/4- Sec 28 T89N-R2E-5pm) 1-2-1-1-2-NW'/4-NE'/4 Sec 23- T89N. R.2E. 5pm (Except N .253.8' -E.5O' -2-1-1-2-NW'/4- NE'I<-Sec 28-T89N.R2E-5 pm) 2-1-2-W'fz-NE'/4-Sec 23-T89N- R2E-5 pm Leo Meyer Place TOTAL 187.43 $48,190.43 James F- & Judie K. Arthofer Karl P. & Catherine H. Kemp Clet~, J. & DeloraA. Lippe 570.45 Clark M. & Patricia A. Lange WilliamR., Jr. & Janet Mae Winter 476.73 Harold & Delores Daniels All of whieh is assessed in proportion to special benefits conferred 2,197.0 Cu. yds. Excavation -@ 2_50' $ 5,492.50 2,086.0 sq. yds. Bodding @ 2.61 5,444.46 225.0 tons A. C. Binder Course @ 16.71 3,638.25 245.75 tons A. C. Surface Course @16.17 3,973.78 687.5 tons Asphalt Treated Base @14.95 10,278.13 250.0 gal. Prime Coat @ 0.59 147.50 2,248.35 tons 'I<" Stabillzed Rolled Stone Base @ 4.20 9,443.07 1 no. of Manhole, RsIse or Lower @75.00 75.00 1,703.6 lin.ft. Curb & Gutter, Type "A" or "B" @ 4.35. 8,262.46 157.59 sq- ft. Sidewalk or Driveway Removal @ 0.25 ~ 39.40 Elmer & Marie Hilkin QnentinJ. & Elaine Schumacher Anth~,ny H. & June E. Lange Ciarence J. & Ruth M. Klauer Charles G. & Patricia Jochum Robert J. & Rosemary Meyer John S. & Julla M. Terwilleger Donald T- & Lucille Murphy N'h-135 N'h-l34 Behnt. Addition S'h-I35 S'I,-I34 133 E'h-132 123 122 121 120 102 103 104 105 106 107 108 109 110 111 112 112-A 113-A 113 114 115 116 117 N'h-l36 N'h-137 $ 267.19 101.35 267.19 101.35 110.56 30.50 23.59 29.85 51.59 110.56 101.85 267.19 101.35 267.19 23.59 29.85 51.59 110.56 202.69 534.33 534.88 202,69 110.56 51.59 29.85 6.34 6.34 29.85 51.59 110.56 202.69 534.38 267.19 101.35 302 VirgilW.& ~! Ann Riesselman Donald J. & Ele~nor Jean Duggan Special Session, July 16, 1979 S'h-136 S'h-137 267.19 101.35 138- 139 Belmt. Addition 110.56 51.59 Richard S. & Charlotte M. Tigges 140 Marion E. & Marilyn Ann Bryson72 Gus & Aileen M. Wiest 71 71-A Edmund J. & Anita M. Anderer O'Neill's Riverview 29.85 11.28 11.28 5.97 28 28-A 11.28 5.97 $5,629.15 AU of which is assessed in proportion to special beuefits couferred. 3.0 cu. yds. Excavation @ 2.50 $ 7.50 23.0 sq. yds. Sodding @ 2.61 60.03 97.6 sq. yds. Concrete, Remove & Re- place w/l0" Concrete @ 22.00 2,147.20 35.0 tons A. C. Binder Course @ 16.17 565.95 75.0 tons A. C. Surface Course @ 16.17 1,212.75 26.5 tons A. C. Leveling Course @ 21.75 576.38 6.0 tons A. C. Hand Patch @ 30.00 180.00 40.0 gal. Tack Coat @ 0.59 23.60 31.1 tons '!4 " stabillzed rolled stone base @ 4.20 130.62 1.0 no. of Manhole, Reise or Lower @ 75.00 75.00 1.0 no.of Manhole, ring or Cover @105.00 105.00 Construction Cost $ 5,084.03 Less City Share 0 Assessable Amount 5,084.03 10% Engineering 508.40 5 % lnt./52 days ~ TOTAL ASSESSABLE AMOUNT $5,629.15 For Daniels Street - From the W.P.L. 01 Block 1 01 West Side Manor Sub. to Bies Drive. Roge~,F. Klauer Carl E. & Betty J. Duun Roge~,F. Klauer James J. & Irma J. Hess Reymond G. Miehe, Jr. Reymond G.. Jr. & Carmen Jean Miehe Neil E. & Darlene R. Meyer Ransford Arthur James Farber David Barry Gery C. Kremer & Janet K. Backes I-Block 2 2- " 3- " I-Block 3 2- " 3- " 4- " 11- " $ 1,840.66 438.08 100.32 1,776.23 438.26 137.68 26.87 26.87 C. J. Hies Snh. 12- " 137.68 13- " 14- " 2-6 Block 1 438.26 1,776.23 1,742.55 1,840.66 1-6 $14,947.23 AU of which is assessed in proportion to special benefits conferred. TOTAL ASSESSABLE AMOUNT $14,947.23 Foye Street - From Ute N_P_L. of Lowell Street to Ute S.P.L. of Napier Street Wm. J. & L. Faith Krueger N.5O'-I09 Mechanic's Add. $ 200.06 John P. & Margaret Sehiel S.I00'-I09 " 367.15 Gregory E. & Linda F. Harris 110 128.35 Lawrence P. Kersten E.25'-I11 44.66 James F. & Mavis A. Oeth W.26'-111 " 29.32 112 34.64 113 " 22.84 114 " 10.40 Special Session, July 16, 1979 Nellie Bies Richard L. Bolton Harold & Dolores Daniels 5- 4- 2-1-2-W'h-NE'h-Sec. 28-T89N- R2E-5 pm 1-2-1-1-2-NW'/4-NE'/4-Sec. 23- T89N-R2E-5 pm (except N.253.8' -E.5O'-2-1-1-2-NW'/4-NE'/4-Sec. 28-T89N-R2E-5 pm) 2-2-1-1-2-NW'!4-NE'/4-Sec. 28- T89N-R2E-5 pm (except N. 253.8'-E.5O'-2-1-I-2NW'/4-NE'I.- Sec. 28-T89N-R2E-5 pm) Nellie Bies Kenneth & Patricia Strong 1022 878 90 85 60 290 738.75 cu. yds. sq.yds. tons tons tons gal. tons 702.9 tin. ft. Excavation Sodding A. C. Binder Course A. C. Surface Course Asphalt-treated base Prime Coat '!4 " stabillzed rolled stone base @ 4.20 Curb & Gutter, type "A" or "B"@ 4.35 @ 2.50= @ 2.61 @16.17 @16.17 @14.95 @ 0.59 Constrnction Cost Less City Share Assessahle Amount 10% Engineering 5 % Int./52 dsys Mark A. & LindaK. Griffin Harold A. & Lylas E. Hines Theodore J. & Theresa I. Hnekels 131 Michael C. Horsfall 132 Richard T. & Namie A. Sheldon 138 Michael W. & Linda G. Pratt 134 Marietta A. & Thos. L. Bannon, Jr. Helen Henkel 1-2-10-138, 140 & 142 L. H. Langworthy Add. 135 & 136 Mechanics Add. N'h-2-2-10-138, 140 & 142 L. H. Langworthy Addition & 13(; & 136 Mechaulc's Addition S'h-2-2-10-138, 140 & 142 L. H. Langworthy Addition & 135 & 136 Mechaule's Addition 1-10-138, 140 & 142 L. H. Lang- worthy Addition Joseph G- & AlveraR. Zillig Bruce & Marion Bowman 303 524.22 134.00 1,840.66 1,594.56 138.44 $2,555.00 2,291.56 1,4(;5.30 1,374.45 897.00 171.10 3,102.75 3,409.07 $15,256.25 1,756.49 13,499.76 1,349.98 97.49 20.88 27.70 50.07 113.01 315.08 154.00 150.46 464.57 304 Special Session, July 16, 1979 !zabel M. Bisanz Joan M. Kirton 1-8-138,140 & 142 2-8-138,140 & 142 " W.20'-7-138, 140 & 142 " E.30'-7-138, 140 & 142 " 1-17 C. A. Voelker's Addition Steven J. McCurdy Louis & Catherine Reisch 2-17 N.40'-18 S10'-18 19 John J. & Marilyn A. Blocker Cont: Richard J. Schroeder & Lois J. Hill 2-20 AndrewP. III & Patricia A. Swartz Gill D. & ReheccaE. Spence Elizabeth M. Schmidt Viols Lex Theodore J. & Theresa I. Huekels 1-20 2-21 1-21 130 Mechanic's Add. All of which is assessed in proportion to special benefits 5 cu. yds. Excavation @ 2.50 = 70.15 sq. yds. Concrete, remove & replace with 110" concrete @ 22.00 45 tons A. C. Binder Course @ 16.17 35 tons A. C. Surface Course @ 16.17 4.3 tons A. C. Hand Patch @ 30.00 40 gal- tack coat @ 0.59 2 no. of Manholes, raise or lower @ 75.00 2 no. of Manholes, ring and cover @105.00 283.0 tin. ft. C & Gntter or Rock Curb, remove & replace @ 7.95 56:0 sq. yds. Sodding @ 2.61 547.53 sq. ft. Sidewalk or drivew,,¥ removal @ 0.25 4" sidewalk @ 1.30 The Salvation Army - -- 288.49 35.88 55.35 53.86 124.04 132.95 176.93 44.15 220.39 67.37 51.99 41.04 273.40 3.45 $3,722.48 conferred. 1,543.30 727.65 565.95 129.00 23.60 150.00 210.00 2,249.35 146.16 186.88 ~ $6,606.08 3,244.68 3,862.00 336.20 ~ $3,722.48 12.50 B & G Automotive Parts, Inc. Coletta Oyen, ConI: Gene F. Sullivan, Cont: Dale F. Sullivan & Steven P. Bradley Wm. R. & Kathryn M. Haber Cont: Joseph S. & Janet E. LoBianco Gerald & Shirley A. Henkel Wm. R. & Kathryn M. Haber Special Sessfon, July 16, 1979 201 3-200 2-200 1-200 199 S 115-459 S'¡'-SM 1/5-459 M 1/5-459 S.16.07'-N 2/5-459 S.18.07'-N.86.73'-N 2/5-City Lot 459 S. 18.13'-N.86.66'-N 2/5 " S. 16.0l'-N.5O.53'-N 2/5 City Lot 459 Alice B. Weber & George S. Scherer David N. Kintzinger (und. 'I, int.) & Charles A. Kinlzinger (und. ,¡. int.) E. 41.75'-N.34.52'-N 2/5 Charles A. Kintzinger, David N. Kintzinger, Arnold J. Van Etten & David F. Setter Sunny, Incorporated Transch Realty Co. W.71.25'-N.34.52'-N.2/5 S.55' -S.87'6" -So 2/5 City Lot 458 N.32'6"-S.87'6"-S.2/5 " N. 15'-S 2/5 S.25'-M 1/5 Edward L. Chalmers (Und. 4/5 int.) & Mary B. Chalmers (Und.1/5int.) N.26'-MI/5 Kate Realty Company S.4l'-NM 1/5 " N.lO.l'-NM 1/5 S.9.9'-NI/5 N.4l'3"-N 1/5 Fischer Investment Company S. 1/5 " SM 115 M1/5 NM1/5 W.33'-N 1/5 E.30'-N 1/5 S.1/5 S- ',-SM 1/5 Myles Conway Fischer Investment Company Thompson's Food Mkts., Inc. Mettel Realty & Investment Co. Francis J. & Ardelle R. Guinta Cont: Thompson's Food Markets, Inc. City Hall Particular Council of the St. Vincent DePaul Society Edmund F. & Pearl Lenz 354.27 Clem W- & Neola McGrath Dorothy L. Pfeiffer Brnce F. & Marion M. Bowman ConI: D. Plus Six Inc. Cont: Clarence J. Adams Particular Council of Society of 547.53 sq. ft. Construction Cost Less City Sbare Assessable Amount 10 % Engineering 5 % Int./52 days TOTAL ASSESSABLE AMOUNT Iowa Street - From the S.P-I.. 01 Tenth Street to the S.P.I.. of Fourteenth Street Bankers Life Company S'h-I64-A City Lot $ 853.17 " N'h-I64-A" 853_17 Interstate Power Co. S'h-l64 " 853_17 N'h-l64 " 853.17 S'h-l68 " 853.17 N'h-l63 " 853.17 S.40'-162 " 1,333.05 N.ll'2"-162 " 372.35 161 " 1.706.35 Fischer Investment Company 203 " 1,623.89 Interstate power Company S.40"202 " 1,268.68 The First National Bank of Dub. Iowa Trustee N.ll'2"'202 City Lot 458 City Lot 460 City I.".t 457 N'h-SM 1/5 M1/5 N.2/5 E. 5l'-S. 2/5 City Lot 461 E.1/3-E.46.46'-W.62'-S.2/5- City Lot 461 M.1/3-E.46.46'-W.62'-S 2/5" W.1/3-E.46.46'-W.62'-S.2/5" W.15.54'-W.62'-S.2/5 305 1,623.89 684.33 602.61 386.94 1,623.89 1,706.35 853.17 1,706.35 535.69 602.30 604.20 533.47 719.01 431.66 1,744.41 1,030.79 475.75 792.91 824.63 1,300.38 320.34 313.99 1,309.89 1,706.35 1.706.35 1,706.35 1,706.35 230.26 1.476.09 1,623.89 811.94 811.94 1,623.89 3,247.77 2,379.06 334.29 271.18 231.21 199.50 306 St. Vincent DePaul Harold J. & Ruth D. Badger Cont: Wilmer M. & Betty J. Gotz H & H Enterprises John W. & Ann S. Shields Carolyn T. Menke Fred E. & Marion J. Miller Delores A. Lenz Adams Realty Corp. Dubu~ue Bank & Trust Wm. R. & Kathyrn M. Haber Cont: Joseph S. & Janet E LoBianco 429.0 516.5 2070.0 625.0 9.0 5.0 52.0 23.0 7.0 2714.05 tons tons tons gal. no. of no of sq. yds. tons tons sq. ft. 2549.45 sq. ft. 164.6 sq. yds. 868.4 tons 38.1 lln. ft. 2.0 no. of Joseph J. & Anna Becker E. J. Bisenius, Gnardian & Special Session, July 16, 1979 M.1/5 2-N. 2/5 I-1-N.2/5 2-2-2-1-N.2/5 1-2-2-1-N.2/5 2-1-2-1-N.2/5 1-1-2-1-N.2/5 I-S'h 2-S.'h 2-3-S'h 1-3-S'h 4-S'h N.25.3/5'-M 1/5 1- Dubnque Bank & Trust Snb. City Lot 456 City Lot 456 N'h-SM 1/5- City Lot 459 1,707.62 693.64 1,017.78 489.07 486.53 481.77 474.80 142.72 1,467.21 1,244.87 317.17 888.06 811.94 3,247.78 853.17 $66,845.09 special benefits couferred. @ 2.50 = $ 5,820.00 @ 7.95 @ 16.17 @ 16.17 @ 14.95 @ 0.59 @ 75.00 @105.00 @ 2.61 @ 21.75 @ 30.00 @ 0.25 @ 1.30 @ 2.00 4" sidewalk 6" sidewalk or driveway "!4 .. Stabilized rolled stone base @ 4.20 Concrete sawing @ 1.25 Cateh Basin, single, Type 1011?')()().00 Construction Cost Less City Share Asses..ble Amount 10% Engineering 5 % Int./52 days TOTAL ASSESSABLE AMOUNT 10,239.60 6,936.93 8,351.81 30,946.50 368.75 675.00 525.00 135.72 500.25 210.00 678.51 3,314.28 329.20 3,647.28 47.62 1,200.00 $73,926.45 13,564.57 60,371.88 6.037.19 436.02 $66.645.09 $ 481.35 21.48 328.57 165.11 118.85 Seconded by Council Special Session, July 16, 1979 I Conservator for Mark Bisenius N.42'-15 Herbert F. & Iola Butters S.88'6"-16 Donald C. & Lenore M. Ahrendt N.18'6"-16 S.I7'6"-17 Margaret Roeth, etal, Marion Fisch, Roselyn Manderscheid, Rita Mae Hedrick, Theresa Feldman&BettyAnuRyan .N.37'6"-17 John W. & Susan J. Saffran 18 Marie Aun Rooney 19 Frank J. & Diana M. Heckels- miller 20 James J. & Dorothy J. Schadl 21 Joseph J. & Gail A. Mond 22 Louis T. & Regina C. Wall 14 Robert A. & Margaret A. Danner Gerald K. & Anice C. Fager Donald C. Wood & Mary Kay Burd Cain's Sub. 15 1-19 2-19 20 All of which is assessed in proportion to special benefits 10 cu. yds. Excavation @ 2.50 =' 87.7 sq. yds. Concrete, remove & replace w/lO"conc. @22.00 lin. ft. C & G or Bock Curb, remove & replace @ 7.95 BinderCourse @16.17 A. C. Surface Course @16.17 A. C. Hand Patch @30.00 Prime Coat @ 0.59 Sodding @ 2.61 Sidewalk or Driveway removal@ 0.25 4" sidewalk @ 1.30 102.2 60 45 11.25 50 19 47.03 47.03 tons tons tons gal. sq. yds. sq. ft. sq. ft. Ail of which is assessed in proportion to 2828.0 cu. yds. Excavation 1288.0 lin. ft. C & G or Bock Curb, Remove & Replace A. C. Binder Course A. C. Surface Course Asphalt treated Base Tack Coat Manholes, raise or lower Manholes, ring & cover Sodding A. C. Leveling Course A. C. Hand Patch Sidewalk or driveway removal Race Street - From tbe S.P.L. of Rose Street to tbe N.P.L. of West Eleventh St. John A. & Florence A. Gruetzmacher 1-13 Cummins Sub. Daniel & Lncille Kennedy 2-13 S.36'-14 N.19'-14 S.13'-15 Construction Cost Less City Share Assessable Amount 10 % Eugineering 5% Int./52 day TOTAL ASSESSABLE AMOUNT Passed, adopted and approved this 16th day of July, 1979 Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adoption of the Resolution. Member Farrell. Carried by the following vote: 307 888.97 333.69 169.13 159.99 342.88 502.82 502.82 502.82 502.82 502.82 114.73 62.81 36.93 12.90 108.24 $5,354.68 conferred. 25.00 1,933.00 812.49 970.00 727.65 337.50 29.50 49.59 11.76 61.14 $4.958.53 122.49 4,336.14 483.61 ~ $5,354.68 308 Special Session, July 16, 1979 I Yeas-Mayor Wertzberger, Council Members Bràdy, Farrell, King, Tully. Nays-None. RESOLUl10N NO. 179-79 3. Said bonds shall bear interest at a rate not to exceed seven per cent (7 %) per annum, payable annually in accordance with coupons thereto attached: . 4. Said bonds shall not make the City of Dubuque liàble in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substantially the following form: NO. Series No. CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, the sum of five thousand dollars with interest thereon at the rate of- per cent per annum payable~ annnally, on the presentation and sur- render of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 384 of the 1979 Code of Iowa, as amended, and the Resolution of said City duly passed on the 16th day of July, 1979, being Re- solution No. 179-79. This Bond is one of a series of 28 bonds, all for $5,000.00 nnmbered from 1 throngh 28, and one for $~ numbered all of llke tenor and date, and issued for the purpose of: City of Dubuqne 1978 Asphalt Paving Project No- 1, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Fund 1314 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have hecn done, happened, and performed, in regular and due form, as required by law and said Resolution, and for the =~~~'t:.rid =lo~ax:U:~e ¡;:;r'fu¡: and dillgence of said City of Dubnque are hereby irrevocably pledged. Resolution Providing for the Issuance of Street Improvement Bonds for the Purpose of Providing lor the Payment of the Assessed Cost of: City of Dubu- que 1978 Asphalt Paving Project No- 1. WHEREAS the contract heretofore entered into by the City of Dubuque, Iowa, for the improvements hereinafter deseribed has hecn completed and the City Manager has certified the comple- tion thereof to the City Conncil and the City Council has ascertained the cost thereof and has determined that $144,689.06 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and WHEREAS publlc notice, as provided by iaw, has hecn published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has hecn held, pursuant to such notice and all objections made thereto have been considered and deter- mined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the payment of the assessed cost of: City of Dubuque 1978 Asphalt Paving Pro- ject No.1, there may by issued street improvement bonds in the amount of $140,000.00 dollars in anticipation of the deferred payment of assessments levied for such im- provement. 2. Sueh bonds shall be called street improvement bonds: and shall bear the date of September 1, 1979: and shall be numbered consecutively; and they shall be numbered. divid- ed into series, and be in such denominations and for such matur- ity dates as are shown in the following table: Series Bond Deno- No. No. mination 1 1-3 $5,000.00 2 4-6 $5,000.00 3 7-9 $5,000.00 4 10-12 $5,000.00 5 13-15 $5,000.00 6 16-18 $5,000.00 7 19-21 $5,000.00 8 22-24 $5,000.00 9 25-26 $5,000.00 10 27-28 $5,000.00 Maturity Dec. 1, 1980 Dec. 1, 1981 Dec. I, 1982 Dec. 1, 1983 Dec. 1, 1984 Dec. 1, 1985 Dec. 1, 1986 Dec. 1, 1987 Dec. 1, 1988 Dec. 1, 1989 Special Session, July 16, 1979 309 IN TESTIMONY WHEREOF the City of Dnbuque by its Council has cansed this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 16th day of July, 1979. Mayor City Clerk (Form of Coupon) On'the _day of- the City of Dubuqne, Iowa, promises to pay to the bearer, as provided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Dubuque, being -"--'- months' interest due that date on its Bond No.- dated Mayor City Clerk 6. That the Mayot and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Treasurer be and he is hereby in. structed to register said bonds in a book kept for that purpose. 7- That the City Treasurer is hereby instructed to sell said bonds in the maoner provided by law, the proceeds of said sale to be placed in a special fund to be known' as Fund 1314 and paid out by him to pay the cost of said contract. 8. That the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. 9. That asJast as fnnds allow, begin- ning with the second year after the payment of interest dne, these bonds shall be called and retired in the same order as numbered. 10. Notice of election to call these bonds shall be given by regular U.S. Mail addressed to the last known address of the purehaser. Passed, adopted and approved this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by CoUncil Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Couneil Member Brady, Farrell, King, Tully. Nays-None. Proof of Pnblication, certified to by the Publisher, of Notice of Hearing amending the Zoning Ordinanee to adopt an amendment to the approved Preliminary Development plan for ex- pansion of Medical Fseilities (Finley Hospital), presented and read. Council Member Brady moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of John T. Foster et al requesting that the Medical Clinic on W. Third as proposed be obliged to stay within the Code as to aestheties and accoustics, presented and read. Council Member Brady moved that the connnunication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays~None. Petition of W. E. Blaser et al (6 signers) objecting to the doctor's build- ing on W. 3rd Street to be less than 25' from the sidewalk, presented and read. , Council, Member Brady moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote; Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Engineer John Kilby stated that the layout presented the best that could be worked out due to the conditions of the terrain and slope of the area. Mr. John Foster spoke in behalf of his communi- cation relative to sound barriers. Mr. Ivan Wolff expressed coneern as to the sound problems. Mr. Wayne Nornum advised of the complexity of planning involved for the doctor's offices. Dr. Wm. Dall and Dr. Tom Benda both indicated.the complexity in planning and traffic flow in the area. ORDINANCE NO. 40.79 AN ORDINANCE OF THE CITY OF -- Special Session, July 16, 1979 DUBUQUE, IOWA, PROVIDING Commission has held a public hearing on THAT THE CODE OF ORDINANCE, the amendment to the approved Prelim- CITY OF DUBUQUE, IOWA, BE inary Development Plan pursuant to AMENDED BY REVISING APPEN- published notice as required by Section DIX A THEREOF, ALSO KNOWN AS 4-118.6 of Article IV of the Code of THE "ZONING ORDINANCE AND Ordinances, Appendix A thereof, of the ZONING MAP OF THE CITY OF City of Dubuque, Iowa; and DUBUQUE, IOWA" wmCH AMEND- MENT SHALL AVOPI' AN AMEND- WHEREAS, the Planning and Zoning MENT TO THE APPROVED PRE- CoIUUÚssion has approved the amend- LIMlNARY PLAN FOR THE EXPAN- ment to the approved Prellminary SION OF MEDICAL FACILITIES Development Plan having found that AND RELATED USES WlTIßN THE said amendment couforms with the FINLEY HOSPITAL INSTlTUl10N- review standards of Institutional Dis- AL DISTRICT, trict PreIinúnary Development Plans as said Ordinance having been previously set forth in Section 4-118.6.4 of Article presented and read at the Council IV of the Code of Ordinances, Appendix Meeting of June 18, 1979, presented for A thereof, of the City of Dubuque, final adoption. Iowa: and ORDINANCE NO, 40-79 WHEREAS, the Planning and Zoning AN ORDINANCE OF THE CITY OF Commission has recommended the con- DUBUQUE, IOWA PROVIDING currence of the City Co\U1cil in approval THAT THE CODE OF ORDINANCES, of sald amendment: and CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- WHEREAS, the City Council has PENDIX A THEREOF, ALSO considered the recommendation of the KNOWN AS THE "ZONING ORDI- Planning and Zouing Commission and NANCE AND ZONING MAP OF THE concurs in approval of the amendment CITY OF DUBUQUE, IOWA" wmCH to the approved Preliminary Develop- AMENDMENT SHALL AVOPI' AN ment Plan: AMENDMENT TO THE APPROVED NOW, THEREFORE, BE IT OR- pRE!JMlNARY pLAN FOR THE EX- DAlNED BY THE CITY COUNCIL OF PANSION OF MEDICAL FACILITIES THE CITY OF DUBUQUE, IOWA: AND RELATED USES WlTIßN THE Section 1. That the COM of Qrdi- FINLEY HOSPITAL INSTlTUl10N- nances of the City of Duhur¡uæ, Iowa. be AL DISTRICT, am£11J1ed by revising Appendix A there- of also klwwn "" the "Zoning Ordinance WHEREAS, Finley Hospital has by and Zrming Map of the City of [}ulruque, Ordinance No. 21-78 received approvai Iowa", by adoption of an amendment to of a Preliminary Development Plan, for the a'fYPI"oved "Preliminary Develop- hospital and related facilities within an men! Plan" fcrr property in the owner- institutional District: and ship of Finley Hospital which rcal estate is hereinafter Msoribed: WHEREAS, Finley Hospital has filed Lot 2 °lLot 7 of Sidonia Hosford's an amendment to the approved Prelim- SubdivlSwn; Lot 2 of Lot 1 of Lot 7 of inary Development Plan in compllance SùJ.onia Hosford's Subdivision; Lot 1 with provisions of the Institutional of Lot 1 of Lot 7 of Sidonia Hosford's District regulations as set forth in Subdivision; Lot 1 of Lot 6 and Lot 2 Section 4-118.6 of Article IV of the Code of Lot 6 of Sidonia Hosford's Subdi- of Ordinances, Appendix A thereof, of vision; the southerly 55' of Lot 5 of the City of Dubuque, Iowa; and SùJ.onia Hosford's Subdivision; Lot 2 . of Lot 2 of Gro;ndview Delhi Street WHEREAS, the proposed amend- P«œe~ Lot 2 of Lot 2 of Lot 2. of Box- ment to the approved Preliminary leiter,s sub of Lot 1 of Carolone Box- Development Plan provides for the leiter s of sub of M,neral Lot 160; Lot construction of a second medical cilnic 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of along West Third Street with twenty- Boxlei,ter! sub of Lo~ 1 of Caroline one thousand five bundred and eighty Boxleiters sub of Mmeral Lot 160; (21,580) sqnare feet of floor area instead Lot 2 of Lot 1 of Lot 1 ?f Lot 1 of Lot of the previously approved sixteen 2 of Lot. 2 of Boxl..t~r s sub of Lot 1 thousand ;16,000) square feet of floor of Caroline Box!eoter s sub of Mineral area and with a front yard setback of Lot 160; Lot 1 of Lot 1 of Lot 1 of Lot ten (10) feet instead of the previously 1 of !^,t, 1 of Lot 2 of Lot 2. of approved twenty-five (25) feet: and Boxle'.ter s sub of Lot 1 of Carol,ne Boxle,ter's sub of Moneral Lot 160; WHEREAS, the Planning and Zouing Lot 2 of Lot 2 of Lot 2 of Lot 2 of Min- 310 Special Session, July 16, 1979 311 ero1 Lot 160; Lot 2 of Lot 1 of Lot 2 of Lot 2 of Box!eiter's sub of Lot 1 of Caroline Boxleiter's sub of Mineral Lot 160; Lot 1 of Lot 1 of Box!eiter's sub of Lot 1 of Caroline Box!eiter's sub of Mineral Lot 160; Lot 1 of Lot 2 of Mineral Lot 160; Lot 1 of Lot 1 of 1 of Finley's Home Addition; and Lot 2 of Lot 1 of Lot 1 in Finley's Home Addition; and Lot 2 of Lot 1 in Finley's Home Addition; Lot 31 in Finley's Home Addition; West 25'8" of Lot 30 in Flrù£Y's Home Additkm, FAl't 24." of Lot 30 in Finley's Home Addition; Lot 29 in Finley's Home Addition; Lot 28 in Finley's Home Addition; Lot 27 in Finley's Home Addition; Lot 26 In Finley's Home Addition; Lot 3M in Finley's Home Addition; Lot 32B in Finley's Home Addition; Lot 18 in Finley's Home Addition;' Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Boxleiter's sub of Caroline Boxleiter's sub of Mineral Lot 160; all in the City of Dubuque, Iowa. Section 2- That the minimum reqvir- ed front yord setbO£k fcrr the proposed medical cknic to be located okmg West Third Street shall be established at ten (10) feet"" shown on the rwumti£d Preliminœry Develo¡mwnt Phm. . Section 3. That the proposed medical clinic to be located ohmg West Third Street may be constructed to a gross jWcrr area rwt to exceed twenty-one thousa:nd, five hwndred wnd eighty (21,580) sl[Uilre feet"" shown on the rwumti£d Preliminœry Deve/oprrumt Phm. Section 4- That in all other respects the omeruled Preliminœry Deve/oprrumt Pkm sholl be consistent with the Pre- liminœry Development Pkm œpproved by Ordino:nce No. 21-78. Passed, approved and adopted this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of July 1979. Leo F. Frommelt City Clerk It 7/20 Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Couneil Member Brady. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing on intention to issue Medical Clinic Revenue Bonds, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time of the hearing. Council Member Farrell moved that the proof of publlcation be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 180-79 Resolution Approving Proceeding with the Issuance and sale of not to exceed $1,500,000 01 Medical Clinic Revenue Bonds (Dubuque Medical Arts Building Project) Series 1979. WHEREAS, the City of Dubuque, a political subdivision of the State of Iowa (the "City"), is autborized by Chapter 419 of the Iowa Code, as amended (tbe "Act"), to issue revenue bonds for the purpose of defraying the cost of acquir- .ing, constrneting, improving and equip- ping a medical clinic and to loan the proceeds from the sale of sueh revenue bonds, pursuant to a loan agreement, to Dubuque Medieal Arts BuIlding, a llmited partnership (hereinafter refer- red to as the "Company"), to be used for the aforesaid purposes: and WHEREAS, a notice of hearing on the proposal to issue not to exceed $1,500,000 aggregate principal amount of Medical Clinic Revenue Bonds (Dnbu- que Medical Arts Building Project) Series 1979, of the City of Dubuque, Iowa, has hecn pnblished as required by law: and WHEREAS, a publie hearing bas hecn held at the time and place as specified in said notice of hearing and any and all objections or other com- ments relating to such Bonds have hecn heard and it is deemed to be in the best interests of the City of Dubuque, Iowa, that said Bonds be issued as proposed: and NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That it is hereby dcter- r,uned that it is necessœry wnd advisoh!e 312 Speeial Session, July 16, 1979 thot the City proceed with the issuance of its Medicol Clinic Revenue Bonds (Dubuque Medical Arts Building Pro- iect) Series 1979 (hereiuafter referred to"" the "Fkmds") , in an arrwunt not to exceed $1,500,000, "" authorized œnd permitted by the Act, œnd to loan the proceeds of the sole of the Fkmds to the Company, all u¡xm terms œnd conditions mmually satisfrnJtory to the City and the Company. Section 2. That at the public hearing canducted by this Coud, pursuant to published notice, all persons who up- peœred were given an opportunity to express their views for or agai1V3t the proposal to issue said Fkmds and it is hereby dstermined thot any and all obiections to the issun;nce of the said Fkmds, are hereby overruled. Section 3. That this Council sholl proceed with the necessary proceedings relating to the issun;nce of said Fkmds "" soon "" the required documentation has been prepared by Bond Cou1V3el, and awroved by the City Attorney of said City. Section 4. That said Fkmds, if issued, and the interest thereon, wiU be pay- able solely out of the revenues ckrived from the ftnmwing of said Proiect and sholl never wnstitute an Vndebteness of the City of Dubuque, Iowa. within the merming of any state wnstitutionol provision, or statutory limitation, œnd sholl not wnstitute nor give rise to a pecuniary liability of said City of Dubuque, Iowa, or a clw:rge agai1V3t its general credit or taxing pawers. Section 5. That all resolutions and parts thereof in coriflict herewith are hereby repealed to the extent of such coriflict. Adopted and approved, July 16, 1979. Richard Wertzberger, Mayor ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nsys-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to amend the Zoning Ordinance to permit certain uses in structures or area . orically or Architec- presented and read. Farrell moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Robert Richardson et al (48 signers) requesting favorable con- siderstion of adoption of the proposed Ordinance, presented and read. Council Member Farrell moved that the petition be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Michael Kronfeldt spoke to the Coun- cil and advised there is no one else interested in the building. Terry Richardson, Pastor of Assemb- it: b~~~~c8h :¿h e~:ì tsa~~ ~~ü nt~ ~ property. Denuis Naughton, 1655 Main St., expressed the desire not to make it a C-4 District Paul Weydert, Member of the Church Congregation stated without rezoning, they have limited growth. AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, lows, be amended by revising Appendix A thereof, also known as the "Zouing Ordinance and Zouing Map of the City of Dubuque, Iowa", by repealing sub- section 3 and 4 of Article IV, Section 4-109.4, Conditional Uses of the OR-l Office-Residential District and by enact- ing new subsections 3 and 4 of Article IV, Section 4-109.4, to permit certain uses as Conditional Uses in Structures or Areas designated as Historically or Architecturally Sigullicant, said Ordi- nance having hecn previously presented and read at the Council Meetings of May 7, 1979, and June 18, 1979, presented for final adoption. Conncil Member Farrell moved final adoption of the Ordinance. Seconded by Council Member KING. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Members Brady, Farrell. Nsys-Mayor Wertzberger, Council Members King, Tully. MOTION FAlLED. Council Member Tully moved that the proposed Ordinance be referred back to the Planning & Zoning Commission to prepare rezoning for above covering existing Commerical Zone. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Member King, Tully. Nays-Council Members Brady, Farrell. Proof of publication, certified to by Special Session, July 16, 1979 313 the Publlsher, of Notice of Hearing to amend the Zoning Ordinance by reclass- ifying Wly '12 of Lot 35 and Wly '12 of Lot 36 in L. H. Langworthys Addu. (E. 22nd & White Sts.), presented and read. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Mark Gilligan, Earl Schumacker, Vir- gil Brown, Mrs. Wesenberg, neighbors or owners of property in the area voiced objections to the rezoning. Leo McCarthy and C. J. Buelow of Dubuque Savings & Loan Assn. re- quested favorable adoption of the re- zoning. ORDINANCE NO. 41-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING 111AT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A TIlEREOF, A1l.SO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF 11IE CITY OF DUBUQUE, IOWA", BY RE- CLASSIFYING PROPERTY AT THE SOUTHEAST CORNER OF EAST TWENTY SECOND STREET AND WIllTE STREET FROM R-4 RESI- DENTIAL DISTlUCT CLASSIFI- CATION TO C-4 GENERAL COM- MERCIAL DISTlUCT CLASSIFICA- TION, said Ordinance having been previouslx presented and read at the Council Meeting of June 18, presented for final adoption. Council Member Brady moved DENIA1l. of the rezoning. MOTION DIED FOR LACK OF SECOND. ORDINANCE NO. 41-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A TIlEREOF, A1l.SO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RE- CLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY AT THE SOUTHEAST CORNER OF EAST TWENTY SECOND STREET AND WIllTE STREET FROM R-4 RESI- DENTIAL DISTlUCT CLASSIFICA- TION TO c-4 GENERAL COM- MERCIAL DISTlUCT CLASSIFI- CATION. NOW THEREFORE, BE IT ORDAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Cock of Ordi- un;nces of the City of Dubuque, Iowa, be amended by revising Appendix A there- oj. oleo known "" the "Zrming Ordinance and Zrming Map of the City of Dubuque, IoUXl", to reclJJJJSify hereinafter ckscrib- ed property from "R-. Residential District" clnssification to "C-. General Commercial District" clnssification, to wit: The Westerly '12 of Lot 35 and the Westerly '12 of Lot 36 in "L.H. Lang- worthy's Addition" in the City of Dubuque, IoUXl Section 2. That the foregoing amend- ment has heretofore been awroved by the Pionning œnd Zoning Commission of the City of Dubuque, 10100. Passed, adopted and approved this 16th day of July, 1979. Richard Wertzberger Mayor ThomasA. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of July 1979. Leo F. Frommelt City Clerk 1t 7/20 Council Member Tully moved final adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Couneil Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Tully moved that the City Manager, Traffic Committee and Engineering Department stndy traffic in alley at 22nd Street. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. COUNCIL RECESSED AT 9:56 P.M. RECONVENED IN REGULAR SES- SION AT 10:03 P.M. Proof of Publication, certified to by the Publisher, of Notice of Hearing to amend the Zoning Ordinance to re- classify property along Brunskill Road from AG to R-2 Residential District, presented and read. 314 Special Session, July 16, 1979 No written objectons were filed and no oral objectors were present in the Council Chambers at the time set for the Hearing. Council Member Tully moved that the proof of publlcation be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 42-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASS- FY1NGING PROPERTY LYING WEST ALONG BRUNSKILL ROAD FROM AG AGRICULTURAL DISTRIC1' TO R-2 RESIDENTIAL DISTRIC1' RECLASSIFICATION, said Ordinance having hecn previously presented and read at the Council Meeting of June 27, 1979, presented for [mal adoption. ORDINANCE NO. 42-79. AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE .ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HERE- INAFTER DESCIUBED PROPERTY LYING WEST ALONG BRUNSKILL ROAD FROM AG AGlUCULTURAL DISTRIC1' TO R.2 RESIDENTIAL DISTRIC1' CLASSIFICATION. NOW THEREFORE, BE IT OR- DAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. T/wJ; the Code of Ordi- """"es of the Oity of Dubuque, Iowa. be ameru1ed by revising Appendix A there- oj. also knmon as the "Z<ming Ordina:n£e a:nIlZ<ming MOIfJ of the Oity of Dubuque, Iowa", to reclassify hereiwfter describ- ed property ftwn ':AG Agric'IJ1turoI. Distri£t" classification to "R-2 Resi- dentinl Distri£t" classification, to wit: Lot 2 of "Haru¡el's AMition", oll in the Oity of Dubuque, Iowa. Section 2. T/wJ; the foregai:ng œme-nd- mønt has heretofrn"e been approved by the Pln:nning a:nIl Zaning Cønmission of the Oily of Dulmque, Iowa. Passed, adopted and approved this 16th day of July, 1979. Richard Wertzberger Mayor ThomasA. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Pnblished officially in the Telegraph Herald Newspaper this 20th day of July, 1979. Leo F. Frommelt City Clerk 11 7/20 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to amend the Zoning Ordinance to estab- llsh a PUD in an R-2 Residential District (Hsnselj, presented and read. No written objections were filed and no oral objections were present in the Council Chambers at the time set for the hearing. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 42-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PENDIX A THEREOF, ALSO KNOWN AS THE .ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", WIßCH AMENDMENT SHALL ESTABIJSH A PLANNED UNIT DEVELOPMENT DESIGNATION ON PROPERTY LY- ING IN AN R-2 RESIDENTIAL DIS- TRIC1' WEST ALONG BRUNSKILL ROAD IN THE CITY OF DUBUQUE, said Ordinance having hecn previously presented and read at the Council Meeting of June 25, 1979, presented for final adoption. ORDINANCE NO. 42-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Special Session, July 16, 1979 315 BE AMENDED BY REVISING AP- PENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" WIßCH AMENDMENT SHALL ESTABIJSH A PLANNED UNIT DEVELOPMENT DESIGNATION ON PROPERTY HEREINAFTER DESCRIBED LYING IN AN R-2 RESIDENTIAL DISTRIC1' WEST ALONG BRUNSKILL ROAD IN THE CITY OF DUBUQUE, IOWA. NOW, THEREFORE, BE IT OR- DAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- ""ru:es of the Oity of Dubuque, Iowa. be amemted by revising Appen1lix A there- oj. also lcrwwn as the "Zaning Ordi""ru:e a:nIl Zoning Map of the Oity of Dubuque, Iowa", by establishing a "Pw.nned Unit DeveinprnenJ;" desigrw1ion on property in an "R-2 Residentinl District" classifi- cation, which real estate is described, to wit: Lot 2 of "Haru¡el's AMition", oll in the Oity of Dubuque, Iowa Section 2. That the "Pw.nned Unit Development" desifJ1/Jltion applied to the property herein described is a tentative reclassification a:nIl finnl odop- tion of the œme-ndment as set forth in Section 1 of this Ordi""""e shall be sub- ject to the requirements of Article IV Section 4-11O.11..V of Ordi""""e No. 32-75, lcrwwn as the "Zoning Ordi""""e a:nIl Zoning Map of theOity of Dubuque, Iowa", whereby final adoption of the "Pln:nned Unit Development" desiffYI,(V tion is contingent upon submission of a Final Development Plan by the develop- erwithinm (6)rrwntksofthe effective dote of this Ordi""""e, a:nIlfurther, that foilure by the developer to comply with the requirements as set forth herein, shall automnJ.icolly revert the property to its forrrwr "R-2 Residentinl District" classification Section 3. That the foregai:ng œme-nd- ment has heretofore been approved by the Pln:nning a:nIl Zoning Commission of the Oity of Dulmque, Iowa. Passed, adopted and approved this 16th day of July, 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 20th day of July, 1979. Leo F. Frommelt City Clerk It 7/20 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member 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 Hearing to amend the Zoning Ordinance to re- classify property at Corner of Asbury Rd. & Chaney Rd. from ID Institutional District to R-2 & R-3 Residential Districts Classification, presented and read. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Petition of Edward B. Tegeler Jr. et al (18 signers) objecting to zoning class- ifieation from ID to R-3 PUD on property on northwest corner of Asbury & Chaney presented and read. Edward B. Tegeler Jr. spoke to the petition objecting tp all zoning changes. Council Member Tully moved that the petition be received and filed. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Conncil Member Brady. Rev. John O'Conoor addressed the Council and being in favor of rezoning. Jerry Henkel state they meet all zoning requirements, set backs, etc. Larry Friedman requested Council approve rezoning: Planoing & Zoning in full agreement, Do not antieipate park- ing on Chaney Road. ORDINANCE NO- 44-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFY- ING. PROPERTY LYING AT THE NORTHWEST CORNER OF ASBURY ROAD AND CHANEY ROAD FROM ID INSTITUTIONAL DISTRIC1' CLASSIFICATION, TO R-2 RESI- DENTIAL DISTRIC1' CLASSIFICA- TION AND R-3 RESIDENTIAL DIS- TRIC1' CLASSIFICATION, 316 Special Session, July 16, 1979 said Ordinance having been previously presented and read at the Council Meeting of June 18, 1979 presented for final adoption. ORDINANCE NO. 44-79. AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFY- ING HEREINAFTER DESCRIBED PROPERTY LYING AT THE NORTH- WEST CORNER OF ASBURY ROAD AND CHANEY ROAD FROM ID IN- STITUTIONAL DISTRICT CLASSIFI- CATION TO R-2 RESIDENTIAL DIS- TRICT CLASSIFICATION AND R-3 RESIDENTIAL DISTRICT CLASS- IFICATION. NOW, THEREFORE, BE IT OR- DAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- =es of the City of Dubuque, IoW'L, be amended by revising Appendix A there- of oJ.so known 0Ji the "Zoning Ordinœnce œnd Zoning Mop of the Oity of Dubuque, Iowa", to recÚ1lJsify hereirwfter des- cribed property frfYtn "ID InstitutÙnwl District" CÚ1lJsificoJ:iun to "R-2 Resirten- tial District" CÚ1lJsification, to wit: Tha Westerly pmtiun of Lot 1 of Lot 2 of ..St. Rose P/m;e" being described OJifoUows: C<Jrrçrr¡eru:ing at the point of Begin- ning being the NiYrlhwest carner of Lot 1 of Lot 2 of "St. Rose P/m;e", thence Southerly 516 feet to a point, thence EOJiterly 71.1 feet to a point, thence continuing Easterly 248.12 feet to a point thence NiYrlherly 117.92 feet to a point, thence con- tinuing NiYrlherly 275 feet to a point, thence NiYrlheOJiterly 27 feet to a point thence NiYrlherly 137 feet to a point, thence Westerly 373.5 feet to the lwint of Beginning 0Ji described herein, all in the Oity of Dubuque, Iowa. Section 2. That the Code of Ordi- =es of the Oity of Dubuque, IoW'L, be œmeru1ed by revising Appendix A there- oJ. oJ.so known 0Ji the "Zoning Ordi- nœnce and Zoning Map of the Oity of Dulruque, Iowa", to recÚ1lJsify herein- after described property from "/D Institutiorwl District" CÚ1lJsificoJ:ion to '.'R-3 Residential District" CÚ1lJsification to wit: Tha Easterly piYrliun of Lot 1 of Lot 2 of "St. Rose P/m;e" being described OJifoUows: C<Ymmencing oJ; the point of Begin- ing being the ru>rtheOJit carner of Lot 1 of Lot 2 of "St. Rose P/m;e", thence 181.8feet to a point, thence .26.55 feet to a point, "thwesterly 117.92 to a point, thence continuing Easterly 77.28 feet to a point, thence NiYrlher- ly 8 feet to a point, thence North- eOJiterly 186.66 feet to a point thence continuing NortheOJiterly 242.36 to a point, thence NortheOJiterly 124.67 to the point of Beginning 0Ji described herein, all in the Oity of Dubuque, Iowa. Section 3. That the foregoing amend- ment has heretofore been approved by the Planning œnd Zoning CfYtnmission of the Oity of Dubuque, Iowa. Passed, adopted and approved this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 20th day of July, 1979. Leo F. Frommelt City Clerk It 7/20 Council Member Tully moved final adoption of the Ordinance. Seconded by Conncil Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Proof of Publication, certified to by the Publlsher, of Notice of Hearing to amend the Zoning Ordinance to estab- lish a PUD on property in an R-3 Residential District at Asbury & Chaney Rds., presented and read. Council Member Tully moved that the proof of publlcation be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 45-79. AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PENDIX A THEREOF, ALSO KNOWN AS THE 'ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" Special Session, July 16, 1979 317 WlDCH AMENDMENT SHALL ES- TABLISH A PLANNED UNIT DE- VEWPMENT DESIGNATION ON PROPERTY LYING IN AN R-3 RESI- DENTIAL DISTRICT ALONG CHANEY ROAD JUST NORTH OF ASBURY ROAD IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read' at the Council Meeting of June 18, 1979, presented for finai adoption. ORDINANCE NO. 45-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BE AlMENDED BY REVISING AP- PENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" WlDœ AMENDMENT SHALL ESTABLISH A PLANNED UNIT DEVEWPMENT DESIGNATION ON PROPERTY HEREINAFTER DESCRIBED LYING IN AN R-3 RESIDENTIAL DISTRICT ALONG CHANEY ROAD JUST NORTH OF ASBURY ROAD IN THE CITY OF DUBUQUE, IOWA. NOW THEREFORE BE IT OR- DAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. ThoJ: the Code of Ordi- nœnces of the Oity of Dubuque, IoW'L, be amended by revising Appewlix A there- oJ. oJ.so known 0Ji the "Zoning Ordinœnce œnd Zoning Mop of the Oity of Dubuque, Iowa", by establishing a "Planned Unit Development" designatiun on property in a "R-3 Residential District" CÚ1lJsiji- coJ:iun, which real estoJ:e is described, to wit: Tha Easterly pmtion of Lot 1 of Lot 2 of "St. Rose P/m;e" being described 0Ji foUows: C<Ymmencing at the point of Begin- rung bfJ'ing the ru>rtheOJit carner of Lot 1 of Lot 2 of "St Rose P/m;e"; thence Westerly 181.8 feet to 0 Point, thence Southerly .26.55 to a point, thence &uthwesterly 117.32 feet to a point, thence continuing Easterly 77.28 feet to a point, thence Norther- ly 8 feet to a point, thence North- eOJiterly 187. 66feet to a point, thence continuing NiYrlheOJiterly 242.36 feet to a point, thence NortheOJiterly 124.67 feet to a point of Beginning 0Ji de.cribed herein, all in the Oity of Dubuque, Iowa. Section 2. That the "Planned Unit Developme:nt" designatiun applied to the property herein described is a tentoJ:ive recÚ1lJsijicoJ:iun œnd firwl adop- tion of the œmendment 0Ji set fiYrlh in Section 1 of this Ordinœnce shall be subject to the requirements of Article IV Sectirm .-110.11.3 of Ordi=e No. 92-75 known 0Ji the "Zoning Ordi=e and Zoning Map of the Oity of Dubuque, Iowa", whereby firwl adoptiun of the "Planned Unit Deve/o¡Jrnænt" designa- tion is contingent upon submission of a Firwl Development Plan by the deve- loper-, within six ( 6) monthe of the effective dnJ:e of this Ordinœnce, œnd further, thoJ: fWlure by the developer to cfYtnply with the requ;,.ements 0Ji set forth herein, shall autfYmßticaJ1y revert the property to its former "R-3 Resi- dential District" CÚ1lJsificatirm. Section 3. That the foregoing œmend- ment has heretofore been approved by the Planning œnd Zrming C<Ymmission of the Oity of Dulruque, Iowa. Passed, adopted and approved this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Cierk Published officially in the Telegraph Herald Newspaper this 20th day of July, 1979. LeoF. Frommelt City Clerk It 7/20 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Proof of Publication, certified to by the Publisher, of Noiiee of Hearing & Letting of GENERAL Construction work for Library Faciilties Expansion, presented and read. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager re- commending award of contract for Library Faciilties Expansion to ColÙon Construction Co. 4.3% under esti- mate, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council 318 Special Session, July 16, 1979 Members Brady, Farrell, King, Tully. Nays-None. (A warding Contract) RESOLUl10NNO.181-79 WHEREAS, sealed proposals have hecn submitted by contractors for the Carnegie-Stout Public Library Facility Expansion pursuant to Resolution No. 123-79 and notice to bidders pnblished in a newspaper published in said City on May 24, 1979 and June 14, 1979: and WHEREAS, said sealed proposals were opened and read on June 29, 1979, and it has hecn determined that the bid of Conlon Construction Co. of Dubuque, Iowa in the amount of $1,513,134.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Conlon Con- struction Company, Dubuqne, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsnccessful bidders. Passed and adopted this 16th day of July, 1979. Richard Wertzberger Thomas A. Tully, Jr. D. Michael King Carolyn Farrell James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE repealing Section 25-197 of the Code of Ordinances, City of Dubuque, Iowa, and enacting a new Seccion 25-197 in lieu thereof to provide for limitations on overtaking on the left generally, presented and read. Council Member Tully moved to table the Ordinance. Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of KDTH requesting the names of all people who have formally applied for the position of City Manag- er, presented and read. Council Member Tully moved that the petition be received and filed and referred to Corporate Counsel for in- vestigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Mrs. Eleanor Bowden et al (11 signers) requesting that the street name of North Burden be retained, presented and read. Mr. Mueller of 642 North Burden St. spoke to the Council advising there is only one house on Hogrefe Street. Council Member Tully moved that the petition be received and filed and referred to Staff for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, Tully. Nays-Conncil Member King. Petition of Mrs. James Nakashima et al (28 signers) requesting "No Student" Parking signs to be placed on 2600 Block of Maryville and Chaney Rd. and 1800 and 1900 Block of Kane St. ALSO a Stop Sign on the north corner of Maryville & Scenic View, presented and read. Donald Huff, 1960 Kane St. and Jim Meyer 1525 Alta Vista suggested the possibility of tickets to residents. Rev. O'Connor of Wahlert High School informed the Council they are willing to help parking and speeding problems. Council Member Tully moved that the petition be referred to City Manager and Traffic Department and Corporate Counsel. Seconded by Council Member Farrell. Carried by the followinK vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of St. Anthony's Parish requesting permission to temporarily close Rosedale Ave. on Sunday, Sep- tember 28rd for their Fall Festival, presented and read. Council Member Tully moved that the petition be approved subject to final approval of the City Manager. Secon- ded by Council Member Farrell. Car- ried by the following vote: Yeas-Mayor Wertzberger, Council Special Session, July 16, 1979 319 Members Brady, Farrell, King, Tully. Nays-None. Communication of Board of Dock Commissiouer Chairman, clarifying Fischer Companies statements relative to wharfage collected by other cities on the Mississippi River; Communica- tion of the Fischer Compaules submit- ting two alternatives in order to arrive at an amicable solution to tbe problems that exist on the 4th St. Peninsula: Communications of Joseph S. Pickett & Sons Inc. objecting to tbe vacation of Tower Street, presented and read. Council Member Tully moved tbat the communications be referred to the Meeting to be held on July 17, 1979 at 4:00 P.M. in the Council Chambers with Council, Dock Commission, Fischer Companies and Pickett & Sons Inc. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Koights of Columbus requesting permission to conduct a Tootsie Roll Campaign on August 24th to 26th incl., presented and read. Council Member Tully moved that the petition be approved subject to final approval of the City Manager. Secon- ded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning Commission requesting concurrence of a final plat of Lot 1 of West Fractional one-half of NW'/4 of Section 3, T88N, R2E (located in the County east along North Cascade Road, east of entrance to F.D.R. Road), (Watters) presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUl10NNO.182-79 Resolution APproving the Plat of the Subdivision of Lot 1 of West Fractional 'I, of Northwest '!4 of Section 3, Table Mound Township, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk of the City of Dubuque, Iowa, a plat of the Subdivision of Lot 1 of the West Fractional 'h of the Northwest '/4 of Section 3, Table Mound Township, Dubuque County, Iowa: and WHEREAS, said plat has been exa- mined by the City Planning and Zoning Commission and had its approval endor- sed thereon: and 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 RESOL- VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thot the above-described pbu be awl the same is hereby ap- proved a:nd the Mayor awl Oily Clerk are hereby authorized a:nd directed to emfmse the approval of the Oity of Dubuque, IoU<1, upon said plat. Passed, adopted and approved this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. Commuuication of Planning & Zoning recommending approval of final plat of Raloth property located along Carson Road a/k/a Lake Eleanor Road, presen- ted and read. Council Member Tully moved that the commuuication be received and mad. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, Tully. Nays-None. Abstain-Council Member King. RESOLUl10NNO_I83-79 Resolution APproving Plat 01 the Sub- division of Lot 1 of Lot 1 01 Lot 1 01 Lot 1 of Lot 7 of Southeast One-Quar- ter, Section 12, Township 88 Nortb, Range 2 East 01 5th Principal Meridian, being in Table Mound Township, Dubu- que County, Iowa WHEREAS, there has been filed with the City Cierk a plat in which Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 7 of Southeast One-Quarter, Section 12, Township 88 North, Range 2 East of 5th Principal Meridian, being in Table Mound Township, Dubuque County, Special Session, July 16, 1979 321 Special Session, July 16, 1979 320 the City Cierk of the City of Dubuque, Iowa, a plat of the Subdivision of Lot 6 of "Buena Vista Court" in Section 2, Dubuque Township, Dubuqne County, Iowa: and WHEREAS, upon said plat appears a street to be known as Eli Drive with certain public ntiilty easements which the Owners by said plat have dedicated to the public forever: and f To construct said improvements within the two (2) year olWwable time limit; and further provided that said fuuJ14 M. Licht œnd Arlene K. Licht, husband and wife, Gß owner of said Subdivision, secure the Pf"iorrrwnce of the frmgoing conditions by providing security in such form œnd with such sureties Gß may be acceptable to the City Manger. Section 3. That In the event fuuJ14 M. Licht and Arlene K. Licht, husbœnd œnd wife, shall fail to execute the acceptœnce and furnish the security provided for in Section 2 hereof within forty-five (.5) days after the date of this Resolution, the provisions hereof shall be nail and void and the accep- tance of Ihe dedication œnd approval of the pWt shall1Wt be effective. Passed, adopted and approved this 16 day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members the final plat of Suh. of Lot 1 of Lot 1 of Faldorfs Place (Southwest of Grand- view) (James & Myrile Dockal), pre- sented and read. Council Member Tully moved that the oommuuication he received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Couneil Members }'arrell, Tully. Nays-Council Member Brady. Abstain-Council Member King. RESOLUTION NO. 185-79 Resolution approving the Plat 01 the Subdivision of Lot 1 of Lot 1 01 "Faldorfs Place" in the City 01 Dubu- que, Iowa, Iowa, is platted as: Lot 1 and Lot 2, eaeh of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 7 of Southeast One-Quar- ter, Section 12, Township 88 North, Range 2 East of 5th Principal Meridian, being in Table Mound Township, Dubu- que County, Iowa, and: WHEREAS, said plat has been exa- mined by the City Planning Commission and had its approval endorsed thereon: and, WHEREAS, said plat has been exa- mined by the City Planning and Zoning Commission and had its approval en- dorsed thereon: and WHEREAS, said plat has been exa- mined by the City Council and they find that the same conforms to Statutues and Ordinances relating thereto, except that the street has not been brought to grade, or paving or water installed: NOW, THEREFORE, BE IT RESOL- VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedicatiJm of Eli Drive, together with the eGßements for public utüities Gß the same aweor upon said plat be and the same a:re hereby accepted; Section 2. 'I'JULt the pWt of Lot 6 of "Bne,", Vista Cowr!" in SectiJm 2, Dubuque Township, Dulruqne County, Iowa, be œnd the so:me is hereby a:fYIYI'Irved and the Mayor and Oity Clerk are hereby authorized œnd directed to endnrse the approval of the Oity of Dubw¡ue, Iowa, upon said pWt, pro- vided the owners of said property execute their written acceptœnce hereto attached agreetng: a. To reduce all streets to grade and to construct concrete curb œnd gutter œnd to hard surface Eli Drive with bitumi"","", concrete, or with con- crete paving œnd integral curb, all in accorda:m:e with Oity of Dubuque standard specifications; b. 10 install water mains œnd water service Wterals in accordance with plans submitted with the pWt: c. To construct the foregoing improve- "",nts in accorda:m:e with plarul œnd specifications a:pproved by the Oity Manager, under the inspection of the Oity E!ng<neer œnd in a rrumner approved by the Oity Manager: d. To maint",n the foregoing improve- ments for a period of four (1,) years from the date of their acceptœnce by the City of Dulruque, Iowa; e. To provide the foregmng construc- tion œnd maintenance at the sale expense of the subdivider DmwId M. Licht œnd Arlene K. Licht, husbœnd œnd wife, Gß owners: WHEREAS, said plat has been exa- mined by the City Council and they find the same conlorms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RESOL- VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. The above described pWt be œnd the same is hereby approved and the Mayor œnd Clerk be and they are hereby authorized œnd directed to en- limse the approval of the Oity upon said plat. Passed, adopted and approved this 16th day of July, A.D., 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. Carolyn Farrell James E. Brady Council Members WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lot 1 of Lot 1 of "Faldorfs Place" in the City of Dubuqne, Iowa: and WHEREAS, said plat has been exa- mined by the City Planning and Zouing Commission and they have found that the same conforms to the statutes and ordinances relating thereto: and ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTIONNO_I84-79 We, the undersigned Donald M. Licht and Arlene K. Licht, hnsband and wife, having read the terms and conditions of the foregoing Résolntion No. 184-79 and being familiar with the conditions there- of, hereby accept the same and agree to perform the conditions required there- in. Dated at Dnbuque, Iowa, this 20th day of July, 1979. Donald M. Licht Arlene K. Licht WHEREAS, said plat has been ap- proved by the Planning and Zouing Conunission: and WHEREAS, said plat has hecn exa- mined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto: and WHEREAS, the City Council concurs in the approval by the City Plauning and Zouing Commission, NOW THEREFORE BY IT RESOL- VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the pWt of the SubdivisÙm of Lot I of Lot I of "Fabiorfs Place" In the Oity of Dubu- que, Iowa, be œnd the same is hereby approved œnd the Mayor a:nd the City Clerk are hereby authorized œnd direc- ted to endorse the approval of the Oity of Dubuque, Iowa, upon said pWt. Passed, approved and adopted this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Cierk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, Tully. Nays-None. Abstain-Council Member King. Communication 01 Planuing & Zoning recommending approval of plat of Lot 6 01 Buena Vista Court located north of Boleyn Road and south of River Vista Drive, (Donald & Arlene Licht), pre- sented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. To: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing Resolution No. 184-79 has hecn furnished by the owners. Dated in Dubuque, Iowa, this 20th day of July, 1979. Gilbert D. Chavenelle City Manager Council Member Tully moved adop- tion 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 Planuing & Zoning requesting favorable consideration on ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: RESOLUTION NO. 184-79 Resolution Approving the Plat 01 the Subdivision 01 Lot 6 01 "Buena Vista C<>urt" in Section 2, Dubuque Town- ship, Dubuque C<>unty, Iowa. WHEREAS, there has been filed with 322 Special Session, July 16, 1979 Yeas-Mayor Wertzberger, Conncil Members Farrell, Tully. Nays-Council Member Brady. Abstain-Council Member King. RESOLUTION NO. 186-79 WHEREAS, the Dubuque Historical Society is the owner of real estate described as: Lot A of Block D in the City of Dubuque, Iowa upon which is located a building known as the Burlington Northern Freight Honse: and WHEREAS, the Dnbuque Historical Society proposes to operate a Riverboat Museum in said building: and WHEREAS, a portion of said pre- mises encroaches on City of Dubnque right-of-way: NOW THEREFORE BE IT RESOL- VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Oity Council of the Oity of Dubuque, Iowa Mes hereby grant to the Dubuque HistlYrical Society of the City of Dubuque, Iowa a Revocable Permit to operate and main- tain œn histlYrical museum in the buil- ding krwwn us the Burlingtan Narthern Freight House, which fncility partinIly encrOO£hes upan the public right-of- way; and t/wi said Revocable Permit is lurreby granted to the Dubuque HistlYri- cal Society an the canditian that it reto';n and use said fadlity at all times us œn histarirol museum Section 2. That the Oity Clerk of the Oity of Dubuque be and he is hereby authori..d and directed to publish wtice us is reqmred by law. Passed, approved and adopted this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Cierk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager re- questing concurrence in the installation of street lighting in the newly annexed area, presented and read. Council Member Tully moved that the request be approved. Seconded by Council Member Farrell. Carried by the following vote: Yess-Mayor Wertzberger, Council Member Brady, Farrell, King, Tully. Nays-None. Communication of Housing Commis- siou recommeuding that Council author- ize revision to HAP and apply to HUD for funding 72 units of Section 8 moderate rehabilitation, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Couucil Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. RESOLUTION NO. 187-79 Authorizing the Mayor to Sign Applica- tion for 72 Units 01 Section 8 Moderate Rehabilitation Housing and Directing Staff to Submit Application and Requir- ed Documents to the U.S. Department ~ 01 Housing and Urban Development WHEREAS, the City of Dubuque functions as a Public Housing Agency authorized by provisions of Chapter 403A of the 1966 Code of Iowa, as amended; and WHEREAS, the City of Dubuque and the U.S. Department of Housing and Urban Development have approved a Housing Assistance Plan for 1978-79 which calls for the development of Section 8 assistance in existing, and new housing and housing which is to be rehabilltated: and WHEREAS, the Community De- velopment Department Staff has sub- mitted for City Council review concur- rent with this Resolntion, a proposal for a technical revision in the 1978-79 Housing Assistance Plan, so as to create anthority nnder the HAP to apply for Moderate Rehabiiltation nuits under the Section 8 program: and WHEREAS, the U.S. Department of Housing and Urban Development has issued a Notice of Fund Availabillty for up to 180 Section 8 Moderate Rehabill- tation Housing units which requires that any Publlc Housing Agency operat- ing within any of the seven Iowa Standard Metropolitan Statistical Areas wishing to apply for any portion of available funds, must file its application before Juiy 23, 1979 at 4:00 o'clock PM: and Special Session, July 16, 1979 323 WHEREAS, the City Council of the City of Dubuque wishes to undertake participation in the Moderate Rehabiil- tation Program as a complement and addition to the City's other housing assistance programs. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tlw.t the Oity Council directs the Mayor of the Oity of Dubuque to sign the awlicatw. for seventy-two (72) units us prepared by the staft. and ww reviewed by the City Council. Section 2. Tlw.t the Director of the Departnwnt of Community Develop- ment is directed to forward said awli- catian in the reqmred number of copies, together with other required docu- ments, to the Department of Hownng and Urbœn Development in order to meet the above dewlline. Passed, approved, and adopted this 16th day of July, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: LeoF. Frommelt City Clerk Council Member Farrell moved adop- tiou of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Communication of Commuuity De- velopment Dept. reco re- vision of 1978-79 HAP to of Dubnqne for application 8 Moderate Rehab. Funds, presented and read. Council Member Farrell moved that the communication be received and filed Seconded by Council Member King. Carried by the followiug vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. RESOLUTION NO. 188-79 Resolution Autborizing a Technical Revision of the Current Year Categori- cal Goals 01 the 1978-1979 Housing Assistance Plan WHEREAS, the City of Dubuque adopted a Housing Assistance Plan (HAP) for the period July 1, 1978 to September 30, 1979 to provide a plan for addressing the housing asistance needs of Dubuque residents; and WHEREAS, the said HAP has been approved by the U.S. Department of Housing and Urban Development (HUD): and WHEREAS, technical revisions of HAP categorical goals are allowed by HUD: and WHEREAS, the City of Dubnque now finds it desirable to revise its 1978-1979 HAP goals so as to make the City eligible for Section 8 Moderate Rehabilitation funds authorized by the U.S. Congress and disbursed by HUD. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. TIwi the City of Dubuque amends its'1978-1979 HAP by traru;fer- ing unused authority from the Sectian 8 New Construetian and Substantial Re- Iwbilitatian Programs to the Sectian 8 Existing Program so that the Oity of Dubuque win be I1£ting within its powers to properly apply for at leust fifty (50) units of Sectian 8 Moderate Relwbüitatw. In response to the cur- rent NOTICE OF FUND A VAlLA- BILI1Y before July 23, 1979, be,ng advertised by the Des Moines Office of the u.S. Depœrtment of Housing and Urbœn Development. Section 2. Tlw.t the Director of the Department of CMnmunity Develop- ment is hereby directed to su/w¡it the reqmred revisian, in proper number of copies, alO'f/{J with œn awlicatian for Sectw. 8 MODERATE REHABILITA- TION funds to the u.S. Department of Haustng and Urban Development. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyu Farrell Council Members ATTEST: Leo F. Frommelt City Cierk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Communication of Council Member Tully urging the Council to refer the 324 Special Session, July 16, 1979 matter of property tax exemption for Industrial property as recently enacted by Iowa Honse File 650 to Corporation Counsel for an appropriate Ordinance., presented and read. Council Member Farrell moved that the communication be referred to the City Solicitor. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Commuuication of Ass't. City Manag- er submitting traffic ordinances setting a load limit on Bies Drive and the second is to prohibit parking within five feet of a curb cut onto a public or private driveway, presented and read. Council Member Tully moved that the commuuication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wcrtzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 46-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT THE roDE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING SUBSEC- TION (b) OF SECTION 25-162 OF SAID roDE, PROVIDING TIlAT HEAVY VEHICLES BE PROIDBITED ON CERTAIN STREETS, presented and read. Council Member Tully moved that the reading jnst had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 46-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING TIlAT THE roDE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING SUB- SECTION (b)OF SECTION 25-162 OF SAID roDE, PROVIDING TIlAT HEAVY VEHICLES BE PROIßBITED ON CERTAIN STREETS, NOW THEREFORE BE IT OR- DAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cod€ of Ordi- """"es of the City of Dubuque, Iowa be arrumded by revi",ng Subsection (b) of Section 25-162 thereof to read as foUows: "Sec. 25-162 Heavy Vehicles Prohi- bited on Certain Streets; Exemption. ( b) When signs are erected giving notice tMreoJ. no person shall oper- ate a vehicle of five (5) tons gross weight, or over, on the foUowing streets, or portions of streets thereof; Gmndview Ave., /rfYm Mt. Carrræl to Kane Slreet, KeUy Lane, from Frenwnt Avenue to its easterly term¡nus, Bies Drive /rfYm Century Drive to Pennsylvania Avenue. " Section 2. That all ordi""""es or parts of ordi""""es on conflkt with this ordi""""e be and the same are hereby repeokd. Passed, approved and adopted this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. Michael D. King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Publlshed officially in the Telegraph Herald Newspaper this 20th day of July 1979. Leo F. Frommelt City Clerk It 7/20 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances be amended by revising subsection (2) of Section 25-256 of said Code, providing for the prohibition of parking in specified places, presented and read. Council Member Tully moved that the reading just had be considered the fIrst reading of the Ordinance. Seconded by Council Member Farrell. Vote on the motion was as follows: Yeas-Mayor Wertzberger Nays-Council Members Brady, Far- rell, King, Tully. MOTIONFAlLED. Special Session, Jnly 16, 1979 325 Council Member Tully moved tbat City Staff cease painting yellow on driveways and reqnested the matter back for more detail. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager's Office, npon recommendation of the Traffic Committee, have recommended a parking restriction of "No Parking Here to Corner" to be erected at Stafford & Thomas relative to Dominic Goodman petition, presented and read. Council Member Tully moved that the recommendation be approved. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Commuuication of City Manager re- commending vacation and sale of Aspen Street in the amount of $1,000. plus publicstion and filing fee, presented and read. Council Member Tully moved that the communication be received and fùed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 189-79 Resolution Approving Plat of V"""ted Aspen Street Southerly from its inter- section with Valley Street. WHEREAS, there has hecn present- ed to the City Council of the City of Dubuque, Iowa, a plat dated June 8, 1979, prepared by Shive-Hattery and Associates, Professional Engineers and Land Surveyors, covering vacated Aspen Street in the City of Dubuqne, Iowa: and WHEREAS, said plat couforms to the laws and statutes pertaining thereto. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plai dnied June 8, 1979 prepa:red by Shive-Hattery o:rul Associates, covering the real estate herein above d€scribed. be o:rul the same is hereby approved. o:rul toot the Mayor and City Clerk be o:rul they are hereby autlwrized o:rul directed to execute said plat for o:rul on beWf of the City of Dubuque, Iowa. Section 2- That the City Clerk be o:rul is hereby authnrized o:rul directed to file said plat o:rul certified copy of this Resolution in the office of the Record€r on o:rul for Dubuque County, Iowa. Passed, approved and adopted this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE vacating Aspen Street southerly from its intersection with Valley Street with intent to convey, presented and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that a public hearing be held on the Ordinance on August 6, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Çouncil Members Brady, Farrell, King, Tully. Nays-None. Communication of Planuing & Zouing submitting fmal plats (2) on Arbor Oaks Snb. and recommending approval, pre- sented and read. Council Member Tully moved that the commuuication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. 326 Special Session, July 16, 1979 RESOLUTION NO. 190-79 Resolution Approving Plat 01 the Sub- division 01 Lot 2 of Lot B of Lot 2 of Lot I 01 Lot 1 of Lot 1 01 Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 01 ltigh-Lond Farm, Dubnque County, Iowa, now in the City of Dubuque, Iowa: and 01 the Subdivision of Lot 1 of Lot 20, Block 6 in "Arbor Oaks" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat in which Lot 2 of B of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High-I,and Farm, Dubuqne County, Iowa, now in the City of Dubuque, Iowa: and the Subdivision of Lot 1 of Lot 20, Block 6 in "Arbor Oaks" in the City of Dubuque, Iowa, is platted as: Lot 1 of Sub. of Lot 2 of Lot B of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High-Land Farm, Dubuque County, Iowa, now in the City of Dubuque, Iowa' Lot 2 of Sub. of Lot 2 of Lot B of Lot 2 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High-Land Farm, Dubuque County, Iowa, now in the City of Dubuque, Iowa: and Lot 2 of Sub. of Lot 1 of Lot 20, Block 6, "Arbor Oaks" in the City of Dnbuque, Iowa, and Lot 1 of Sub. of Lot 1 of Lot 20 of Block 6 "Arbor Oaks" in the City of Dubuque, Iowa and WHEREAS, said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS, said plat has been ex- amined by the City C{)uncil and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA. Section I. The above described plat be œnd the some is hereby approved œnd the Mayryr œnd Clerk be œnd they are hereby authorized arut directed to en- durse the œpproval of the Oity upon sold plat. Passed, adopted and approved this 16th day of July, A.D., 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tuily moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tully. Nays-None. RESOLUTION NO. 191-79 Resolution Approving the Plat 01 Block 8 in "Arbor Oaks" in the City of Dubuque, Iowa. WHEREAS, there has beeu filed with the City Cierk a plat of the Sub- division to be known ss Block 8 in "Arbor Oaks" in the City of Dubuque, Iowa, by Iowa-Northwestern Develop- ment Company and WHEREAS, upon said plat appear streets to be known as Castle Woods Lane and Wilderness Drive together with certain pnblic utility easements which the Owners by said plat have dedicated to the public forever: and WHEREAS, said plat has been ex- amined by the City Planning and Zouing Commission and had its approval en- dorsed thereon: 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 street grades have not hecn established, the streets brought to grade, or paving, sewer or water installed: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thai the dedicatÙ»!s of Ca1;tle Woods Lane œnd Wilderness Drive together with the easements fryr public utilities as the same appea:r upon sold plat, be arut the same are hereby accepted; Section 2. That the plat of Bwck 8 in "Arbryr Oaks" in the Oity of Dubuque, Iowa. be œnd the some is hereby awroved arut the Mayryr œnd Oity Clerk are hereby a:uthorized œnd directed to e:ro1orse the approval of the City of Dulmque, Iowa. upon sold pIni, provid- ed the OW7Wrs of said property herein rw:med, exœute their written accep- tance hereto attoched agreeing: a. To reduce all street to grade arut to constrù"¡ concrete curb arut gutter œnd to herd surface Castle Woods Lane œnd Wìlderness Drive with bi- tuminous concrete, ryr with concrete paving with integral curb, all in ac- Special Session, July 16, 1979 327 cryrdœnce with Oity of Dubuqne standard specifícations: b. To install sanitary sewer nUl"'" arut sewer service In.terols in accryrdance with plam submitted with the plat: c. 10 install water mains arut water service laterals in accordanæ with plans submitted with the plat: cL To install storm sewers arut catch- basins in a£cordance with plam sub- mitted with the plat: e. 10 install concrete sidewalks as re- qu,red by Ordirw:nces, œnd where directed by the City FJngineer arut Oity rnmwger: f To install boulevard street lighting in accord.a:nce with plam submitted with the pIni: g. To construct the fryregoing improve- ments in accryrdance with plans œnd speoificatlam approved by the City Marw,ger, uader the inspection of the Oity Engineer; œnd in a manner approved by the City Manager; h. To Maintain the fryregoing improve- ments fryr a period of four(4) years from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing construc- tion œnd ?1WÍnterw:nce at the sole expense of the subdivider Iowa Northwestern Devewpment Com- pa:ny as OW7Wr: j. To construct sold improvements, except sidewalks œnd Street light- ing priryr to June 30, 1980 œnd to construct the sidewalks arut street lighting priryr to June 30, 1981 œnd further provided that sold Iowa- Northwestern Development Cmnpa:ny, as oW7Wr of sold Subdivision. secure the performance of the fryregoing c<mditions by providing security in such form arut with sw:h sureties as may be acceptable to the Oity Manager. Sectiou 3. Thai in the event Iowa- Northwestern Development Compa:ny, shall fall to execute the acceptœnce œnd furTÙsh the security provided fryr in Section 2 hereof within 45 days after the date of this Resolution, the pro- visùms hereof shall be null œnd void and the acceptœnæ of the dedico1ion arut approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call this 16th day of July, A.D., 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPfANCE OF RESOLUTION NO. 191-79 We, the undersigned Iowa North- western Development Company by Ed- ward D. Tschiggfrie, Pres., James A. Schwers, Sec., having read the terms and conditions of the foregoing Resolu- tion No. 191-79 and being familiar with the conditions thereof, hereby ac<:ept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 30th day of July, 1979. Edward D. Tschiggfrie President James A. Schwers, Secretary TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 191-79 has been furuished by the owners. Dated at Dubuque, Iowa, this 15th day of Augnst 1979. W. Kenneth Gearhart City Manager Council Member Tully moved adop- tion of the Resolution. 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 to Contractors of receipt of proposals for Construction of City of Dubuque 1979 Asphalt Paving Project No.1, presented and read. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays~None. Communication of City Engineer and City Manager's Office recommending award of contract for constrnction of 1979 Asphalt Paving Project No.1, to Tri-State Paving Co. - 6.25% over estimate, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ( A warding Contract ) RESOLUTION NO. 192-79 WHEREAS, sealed proposals have 328 Special Session, July 16, 1979 hecn submitted by contractors for the City of Dnbnque 1979 Asphalt Paving Project No.1 pursuant to Reaolntion No. 167-79 and notice to bidders pub- lished in a newspaper published in said City on July 6,1979: and WHEREAS, said sealed proposals were opened and read on July 11, 1979, and it has been determined that the bid of Trl-State Paving, Div. of Dubuque Stone Products Co. of Dubuque, Iowa in the amount of $450,650.25 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in tbe plans and specifications: now therefore, BE IT RESOLVED by the City Council of the City of Dubuqne that the contract for the above mentioned im- provement be awarded to Tri-State Paving, Div. 01 Dubuque Stone Pro- ducts Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dnbuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 16th day of July, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Cierk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 193-79. BE IT RESOLVED, By the City Council of the City of Dubuqne, Iowa, that the following hsving complied with the provisions of law relating to the sale of Cigarettes within the City of Dubu- que, lows, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Mister Donnt Linda Ball Maid Rite Rest. 900 Dodge St. 1701 Asbury Rd. 115 W. 11th St. Mary K. Ford 1027 Rhomberg Ave. Thelma Lehman 1401 Elm &1;. Tri-State Catering Serv. 2530 N. Grandview alla K zazz 1800 Radford Rd. Denny Larson 1322 Central Ave. Passed, adopted and approved this 16th day of July, 1979. Richard Wertberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 194-79. WHEREAS, Applications for Beer Permits have hecn submitted and filed to this Council for approval and the same have been examined and approv- ed: and WHEREAS, The premises to be occupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be anthorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Thompson's Food Mkts.Inc. 1236 Iowa (Also Sunday Sales) CLASS "C" BEER PERMIT Dennis A. AltluWs . 25 Ruby St. (Also Snnday Sales) Dubuque Pkg. Co. 701 E. 16tb St. RandaB's International, Inc. 2013 Central (Also SundBY Sales) ViVÚln M. Heinz 3301 Pennsylvania (Also Sunday Sales) Passed, adopted and approved this 16th day of July 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members Special Session, July 16, 1979 329 ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 195-79. WHEREAS, Applications for Liqnor Licenses have been submitted to this Council for approval and the same have been examined and approved: and WHEREAS, The premises to be occupied 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 THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manag- er be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patricia Revelle 2776 Jackson Parocb.etti Enterpriscs, Inc. 2600 Dodge Liberty Rest. Inc. 401-405 Central (Also Sunday Sales) Passed, adopted and approved this 16th day of July, 1979. Richard Wertberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolntion. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays~None. Commuuication of City Development Board Administrator submitting a cert- ification dismissing the voluntary annexation petition submitted by the City of Sageville, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning advising of a publlc hearing to be held on August 1, 1979 at 4 P.M. Fire Headquarters relative to amendments to the Zoning Ordinance which would place floor area limitations on bars and taverns in C-l & C-2 Commercial Districts, presented and read. Council Member Tully moved that the commuui- cation be received and filed. Seconded by Council Member Farrell. Carried by the followinging vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Copy of commuuication from Federal Department of Transportation to AJr- port Manager, advising that the FAA has officially designated runway 13 as a future runway in conformance with AJrport Layout Plan approved No- vember, 1978 (AJrport Letter to Board of Supervisors attached), presented and read. Council Member Tully moved that the commuuication be received and filed. Seconded by Couneil Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. MINUTES SUBMITTED--Dock Commission of 6-7-79, Playground & Recreation Commission of 5-25 & 6-11, AJrport Commission of 6-20 & 6-25, Zoning Board of Adjustment of 6-21, Ambulance Study Task Force of 7-5, Hnman Rights Commission of 5-10 & 5-1'7: Housing Commission of 7-6, pre- sented and read. Council Member Tully moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady,Farrell, King, Tully. Nays-None. Communication of Iowa DEQ submit- ting construction permits for sewer and water for Warren Plaza Shopping Center, presented and read. Council Member Tully moved that the com- munication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Corporation Coun- sel advising of removal of premises at 2505 N. Grandview by James O'Meara, as a result of a consent decree issned by District Court, presented and read. Council Member Tully moved that tbe 330 Speeial Session, July 16, 1979 commuuication be received and filed. Seconded by Council Member Farrell. Carri"'¡ by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Corporation Coun- sel recommending that the car damage claim of Robert J. McCloskey be denied, presented and read. Council Member Tully moved that the recommendation of denial be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. June 28, 1979 Honorable Mayor and City Council: Claim was filed against the City of Dubnque, Iowa on May 14, 1979 by David Allen Beyer of 480 Emmet Street, alleging thst on May 13, 1979 his motor vehicle was damaged and thrown out of alignment as the result of striking a chnek hole at the edge of the roadway near the toll booth near the Wisconsin-Iowa Bridge as the result of being forced off the roadway by an oncoming auto, claiming damages of $100.00. This matter was referred to the Corporation Counsel who has made an investigstion thereof and has couferred with the claimant, and claimant has made an offer of settlement in the amount of $28.79. In view of the foregoing, it is the recommendation of the Corporation Counsel that said offer of settlement be accepted, and the City Auditor be directed to issue warrant payable to David Allen Beyer and transmit the same to the Corporation Counsel for delivery upon receipt of duly executed releases, Original claim is returned herewith. R. N. Russo Corporation Counsel Couneil Member Tully moved that the recommendation of settlement be sp- proved and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger; Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Corporation Coun- sel recommending denial of subrogation claim filed by Auto Owners Insurance Co. involving the accident by Roger M. Oneyear, presented and read. Council Member Tully moved that the recommendation of denial be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil members Brady, Farrell, King, Tully. Nays-None. Communication of Corporation Coun- sel recommending denial of personal damage claim of Mark L. Connally, presented and read. Council Member Tully moved that the recommendation of denial be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. NOTICES OF CLAlMS-- Mark Rinderer, in the amount of $112.58, as the result of driving into a chuckhole at JFK & Peunsylvania on 3-25-79: Anna M. Hefel, in an undetermined amount, for personal injuries received in a fall at S & R Parking Lot on Jackson St. on July 10, 1979: Antbony J. Gross. in the amount of $225., for damage to his sidewalk at 2119 Foye St. as the result of being driven over by a city-owned garbage truck on 5-11-79: Rosemarie Walsh, in an undetermined amount, for personal injuries received in a fall on Sontherly side of E. 16th Street cross- ing the tracks on May 17, 1979: Winifred M. Fransen, in an unestimated amount, for personal injuries sustained as the result of a fall in front of Higley Meyer on Main St. due to an uneven sidewalk on 6-23-79: Bernadine A. Schmid, in the amount of $1000. for personal injuries incurred as the result of a fall on Jackson St. st S & R Parking Lot on 6-22-79, presented and read. Council Member Tully moved that tbe Notices of Clsirns be referred to the Corporate Counsel for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Notice of Appeal of Transcalle Inc. & Roger W. Rommel for damage sus- tained as the result of condemnation for highway purposes on Lot 2 of 1 of 2 of Powers Place, Notice of Appeal from Stark Enterprise Inc. from award of damage from condemnation of Lot 2 of 1 of Block 22 Key Knolls Sub.: Notice of Appeal of Jerry D. Harrison & James S. Hemphill from award of damage for condemnation for highway purposes on Lot 2 of Sly 9' of Lot A in Block 22 and Lot 2 of 2 of Lot A in Block 22 Key Knolls J.F.K. Road project, Notice of petition at law from the District Court, Telegraph-Herald VB. City Council seeking judicial enforcement and re- questing time and place for hearing, presented and read. Council Member Tully moved that the Special Session, July 16, 1979 331 Notices of Appeals and Notice of petition be referred to Corporation O,unsel for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor Wertzberger, Coundl Members Brady, Fart'ell. King. Tully, Nays--None. C.:ammunication of City Mauag"r re- commending installation of strOl't lights at Prairie Heights Sub., presented and read. Council Member Tully moved that the recommeudation be approved. Second. ed by Council Member Farrell. Carried hy the following vote: Ye,,-Mayor Wertzbergcr, Council Members Bradj-, Farrell. King, Tully. Nays--None. PHition of Edna M. Dague, Cavalier !l, requesting refund of $100.. on unused Cigardte License, and SL Patricks Chw'eh requesting refund of $225. on unexpired portion of Class "B" Beer Permit, presented and read. COllI1cil Member Tully moved that the refunds be approved and City Auditor directed to issue proper warrants. i;"conded by OJUncil Member ,'arrell. Carried by tile following vote: Yeas--Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays--None. Notice of Appeal by lJAMA Corp., John A. & Esther M. Link, from condemnation on J Y.K. Road property. Lot 2 of South 225' of North 344.32' of East 300' of ¡.:at 1 of 2 of Westview Shopping C,enter Place: Notice of Ap peal by Little Red Hen Inc. from condemnation ou J.F.K. Rd. property- Lot 2 of the south 150' of East 300' of Lot 1 of2 of Westview Shopping Center Place, Notice of Appeal by Molo Oil Co. from condemnation on J.F,K. Rd. pro- perty--Lot 2 of North 216' of North 325' of East 250' of Lot 1 of 1 of 1 of SE'l. of SE'l. Sec. 21 T89N R2E: Notice of Appeal of Molo Oil Co. from condemna. tion of J.F.K. Rd. property--Lot 2 of S. 109' of North 325' of E. 250' of Lot 1 of 1 of 1 of SE'l. of SE'l. Sec. 21 T89N R2E. presented and read. Council Member Tully moved that the Notices of Appeals be referred to the Corporation Counsel for investigatiou and report. Seconded by C",uncil Member Farrell. Carried hy the following vote: Yèas~Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. There being no further business, Cowrcil Member Tully moved to adjouro this meeting to 4:00 P.M. July 17, 1979 in the Council Chambers in City Hall. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt City Clerk Approved Adopted 1979 1979 NrfEST: Council Memhers ----- -- .----- City Clerk 332 Adjourned Special Session, July 17, 1979 CITY COUNCIL OFFICIAL Adjourned Special Session, July 17, 1979. Council Met at 4:00 P.M. (C.D.T.) Present: Mayor Wertzberger, Coun- cil Members Brady, Farrell, Tully. City Manager Gilbert D. Chavenelle. Absent: Couneil Member King. Mayor Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called for purpose of CONSIDERING ALTERNA- TIVES SUBMITTED BY THE FISCHER COMPANIES AS TO THE VACATION OF TOWER STREET FROM WALL STREET TO SIXTH STREET AND THE ALLEY IN BLOCK 25 and acting upon such other bnsiness as may properly come before a Regular Council Meeting. David Struhm of Fischer Compaules spoke to the Council and told them they had offered to purchase Tower St. and one block of alley for $50,000.; Addi- tional $18,000. toward assessment of Bell Street; This is contingent upon letter of intent; Psving cost for Bell St. would be xpprox. $100,000. Joe Pickett, Jr. of Pickett & Sons Inc., advised they are not opposed to the development: Only interested in ingress and egress; But will not toler- ate vacation of Wall St. Bob Bertsch, Attorney for Picketts, advised they are within 30 days enter- ing into an agreement with one of 4 largest brewers in U.S. They will require Pickett's to expand facility in order to meet expanded capacity: Re- questing additional time to consider as Tower Street is important to Pickett's. Mark Wine requested to address the issue of assessed wharfage: Requested Mr. Lenning be allowed to make a statement to the Council upon return to the City. Wm. Conzett, Chairman of Dock Commission was of opinion that $18,000. sweetner is not much of a deal by Fischer; Would llke to see Bell St. developed. Dock Commissioner Woodward said original letter written by Fischer Com- panies relative to wharfage was very misleading: Alternative A - Fischer would pay ground rent of $1000. per arre which would be three times more than other lessees is not true: Re- quested Conncil not to give property away. Mr. Conzett felt the original position is wharfage. Claude March of Fischer Company stated Wall Street extends to the river: No better access than Fischer: Part of Cargill plan rests in Tower St.: Time is of the essence: Consider their proposal a solid one. COUNCIL MEMBER FARRELL LEFT THE COUNCIL CHAMBERS AT 5:21 P.M. Communication of Fischer Companies submitting two alternatives to resolve the area for vacation of Tower Street and alley, presented and read. Council Member Tully moved that the commnnication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Tully. Nays-None. Absent-Council Members Farrell, King. Communication of Dock Commission submitting clarification of wharfage fees, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Tully. Nays-None. Absent-Council Members Farrell, King. Communication of Picketts objecting to vacation of Tower Street, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Tully. Nays-None. Absent-Council Members Farrell, King. Council Member Tully moved that all requests and comments be referred to the Dock Commission, Staff and various parties with instrnction to study the matter and to come back to Council on or Before August 1st. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Tully, Nays-None. Absent-Conncil Members Farrell, King. Petition of Jaycees requesting to transfer Beer Permit from 1023'j, Main Street to McAleece Field from July 27th to Augnst 12th, presented and read. Couneil Member Tully moved that the request be approved. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Tully. Nays-None. Adjourned Special Session, July 17,1979 333 Absent-Council Members Farrell, King. There being no furtber bnsiness, Council Member Tully moved to ad- journ. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Tully. Nays-None. Absent-Conncil Members Farrell, King. Leo F. Frommelt City Clerk Approved Adopted Council Members ATTEST: City Clerk 1979 1979