Loading...
1979 September Council Proceedings Regular Session, Sept. 3, 1979 375 CITY COUNCIL OFFICIAL Regular Session. September 3. 1979. There being no members of tbe Council present. tbe meeting was ad. journed subject to call. Leo F. Frommelt City Clerk Approved Adopted 1979 1979 Council Members A'ITEST: Leo F. Frommelt City Clerk 376 Adj'd Reg.Session, Sept. 4, 1979 Adj'd Reg. Session, Sept. 4, 1979 377 CITY COUNCIL OFFICIAL Adjourned Regular Session, Sep- tember 4, 1979. Council Met at 7:30 P.M. (C.D.T.) Present-Mayor Wertzberger, Coun- cil Members Brady, Farrell, King. City Manager W. Kennetb Gearhart. Absent-Council Member Tully. Mayor Wertzberger read the call and stated that service thereof had been duly made and this is THE REGULAR MONl'HLY MEETING called for the purpose of acting upon such business as may properly come before the Meeting, also being AN ADJOURNED MEET- ING OF THE HEGULAR MEETING OF SEP'l'EMBER3,1979. Invocation was given by Rev. Vernon Naffierof St. Mark's Lutheran Church. Proclamations proclaiming "United Way Campaign 'l'ime" from Sept. 6th thru Oct. 31; "Union Label Week" Sept. 3rd to 9th; "United States Marine Band Day" October 14th, were read and so proclaimed by Mayor Wertzberger. 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 Article m to Chapter 35 thereof entitled Tax Exemption, providing for the Exemp- tion from Property Taxation the actual value added to Industrial Real Estate by new constructiõn of Industrial Real Extate and acquisition of or improve- ment to machinery and equipment, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Secon- ded by Council Member King. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully- Council Member Farrell 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 King. Carried by the' following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King. Nays-None. Absent-Council Member Tully- Council Member Farrell moved that a public hearing be held on the Ordinance on September 17, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that. the Clty Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member King- Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. 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 Section 25-245, providing that school busses shall display amber and red flashing lights and stop arms on designated streets when loading and unloading pupils and that the driver of any vehicle meeting or overtaking a school bus displaying the stop arm and flashing red lights shall stop and remain stopped until the stop arm is retracted, pre- sented and read- Council Member Farrell moved that the Ordinance be tabled until the next Council Meeting- Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. 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, Farreil, King. Nays-None. Absent-Council Member Tully. ORDINANCE NO. 51-79 An Ordin"""e of the City of Dubuque, Iowa providing that the Code of Ordi- nances, City of Dubuque, Iowa be amended by adding a new sectlon to be numbered 25-337; providing that no person, without the express permission of the City Manager or his designee shall move or displace any snow, Ice or aecnmnlations thereof on any public street, alley or sidewalk wbeu sueb movemeut or displacement restricts tbe safety or free aece.. of motor vehi- cle and pedestrian traffic; or place, or cause to be placed, any mow, ice or aecnmuIatious thereof ou the traveled portion of any public street, alley or sidewalk, after that portion bas been cleared for motor vehicle or pedestrian traffic; or remove, or cause to be removed, any suow, Ice or aecnmuIa- tions thereof from any private prem- ises and deposit the same, or cause the same to be deposited, upon any public street, alley or sidewalk within tbe city. NOW, 1'HEHEFOHE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectlon 1. That the Code of Ordi- =es of the city of Dub1i.q1æ, Iowa be œowndR.d by adding a new section to be numbered 25-337, to read as fol1JJws: "Sec. 25-337. 1. No person without the express permission of the City Manager or his designee siuJ11 move or disp/tree, or cause to be moved or displaæd, a:ny S1WW, ice or accumulations thereof frOnt a:ny section or part of a public street, aRey (f1' sidewalk to any other part of a public streel, aRey or side- walk when S'U£h movement or dis- plocemenl restricts the safety or free access of motor vehicle and pedes- trion traffic. 2. When the traveled portion of a street or aRey has been cleared for the use of motor vehicle or pedestrion traffic, no person, without the express permission of the City Manager or his designee, siuJ11 ploce, or cause to be ploced, a:ny snow, ice or accum11lations thereof upon the cleared areas of said streets or alleys. 3. No person, without the express permission of the City Manager or OIUJINANCE NO. 51-79 An Ordinan<e of tbe City of Dubuque, Iowa providing that the Code of Ordi- nances, City of Dubuque, Iœwa be amended by adding a new sectiou to be numbered 25-337; providing that no person, without the efpress permission of the City Manager or his designee shall move or displace any mow, ice or aecnmnlatlons thereof on any public street, alley or sidewalk when such movement or displacement restricts tbe safety or free aece.. of motor vehicle and pedestrian traffic; or plaœ, or cause to be placed, any mow, ice or ..enmnla- tioos theroof on tbe traveled portiou of any public street, alley or sidewalk, after that portion bas been cleared for motor vehicle or pedestrian traffic; or remove, or cause to he removed, any suow, Ice or aecnmuIations thereof from any private premises and deposit the same or cause the same to be deposited, upon any public street, alley or side- walk within the City, presented and read. Council Member Brady moved tbat . tbe reading just had be considered the first reading of the Ordinance. Seconded by Conncil Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Council Member Brady moved that his designee, shall remove, or cause to be removed, a:ny snow, ice or accumula- tions thereof frOnt a:ny private premises and deposit the same, or cause the same to be deposited, upon a:ny public street, aRey or sidewalk within the city. " Section 2. Tho1 all ordi=es or parts of ordina:nces in conflict with this ord".mce are hereby repeoled. Passed, approved and adopted this 4th day of September, 1979. Richard Wertzberger Mayor D. Michael King Carolyn Farrell JamesE. Brady Council Members ATTEST: LeoF. Frommelt City Clerk Published offiically in the Telegraph Herald Newspaper this 14th day of September, 1979. Leo F. Frommelt City Clerk 1t 9/14 Council Member Brady moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. ORDINANCE NO. 52-79 An Ordinan<e of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa be amended by enacting a new Section 27-98 providing for the closing boors of Borden Playground and enaeting a new Section 27-99 ptobibiting tbe use of certain motor vehicles in Burden Play- ground, presented and read. Council Member Farrell moved that tbe reading just had be considered the first reading of the Ordinance. Sec- onded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Council Member Farrell moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final aclion is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. ORDINANCE NO. 52-79 AN OIUJINANCE OF THE CITY Q}' 378 Adj'd Reg. Session, Sept. 4, 1979 DUBUQUE, IOWA PROVIDING TIlAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE A- MENDED BY ENACTING A NEW SECTION 27-98 PROVIDING FOR THE CWSING HOUBS OF BURDEN PLAYGROUND AND ENACTING A NEW SECTION 27.99 PROHIBITING THE USE OF CERTAIN MOTOR VEIDCLES IN BURDEN PLAY- GROIJND NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby amended by enacting a new Section 27-98 thereof to read as fol1JJws: "Sec.27.98. Burden P/a,yground siuJ11 be cwsed to the public during the hours of 10:00 0' cwck p.Ul. to 7:00 0' cwck a.Ul., throughout the year. " Section 2. That the Code of Ordi- nonces of the City of Dubuque, Iowa be and the same is hereby amended by enacting a new Section 27.99 thereof to read as fol1JJws: "Sec. 27.99 Bicycles, motorcycles, motor scoot- ers, go-carts, cars, lrucks and other motor driven vehicles sholl not be per- mitted in Burden Playground other than those vehicles engaged ¡n authorized park mJJj,ntenance and securily. " Passed, approved and adopted this 4th day of September, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members A'ITEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper tbis 10th day of September, 1979. Leo F. Frommelt City Clerk 1t 9/10 Council Member Farrell moved final adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member '1'ully- Proof of Publication, certified to by the Publisher, of Notice of Hearing for Vacation and Sale of a portion of Alta Vista Street between William Street and Rosedale Avenue, presented and read. No written objections were filed and no oral objectors were present in the ('",uncil Chamber at the time set for the hearing. Council Member 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. Nays-None. Absent-Council Member Tuily. ORDINANCE NO. 53-79 AN ORDINANCE VACA11NG A POR- TION OF ALTA VISTA STREET BETWEEN WILLIAM STREET AND ROSEDALEAVE, said Ordinance having been previously presented and read at the Council Meeting of August 6, 1979, presented for final adoption. ORDIN~"ICENO. 53-79 AN ORDINANCE VACATING A POR- TION OF ALTA VISTA STREET BETWEEN WILLIAM STREET AND ROSEDALE AVENUE WHEREAS, Mr. John C- Grot john, 760 Kaufmann Avenue, has requested the vacation of Alta Vista Street between William Street and Rosedale Avenue in Wood's Addition in the City of Dubuque, Iowa: and WHEREAS, Bartels, LeMay, Haas, Fay and Osborne Engineering Company has prepared and submitted to the City Council a plat showing tbe vacated street and assigned a lot number thereto, and wbich shall hereafter be koown and described as lot 24d in Wood's Addition in the City of Dubu- que, Iowa and WHEREAS, the City Council of Dubuque, Iowa has determined that this street is no longer required for public use and the vacation of said street koown as lot 24d in Wood's Addition in the City of Dubuque, Iowa should be approved. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectiou 1. That said real estate de- scribed as wt 24d in Wood's Addition in Dubuque, Iowa be and the same is hereby vacaied. Section 2. Thot the City Clerk be and he is hereby a:athorized and directed to cause Notice of Intent to dispose of said real estate described as wt 24d In Wood's Addition. Sectlon 3. That the conveya:nce of wt 24d ¡n Wood's Addition to Mr. John C. Grot john be and the same is hereby Adj'd Reg. Session, Sept. 4, 1979 379 approved upon payment of $100. 00 plus publication and filing fees. Passed, approved, and adopted this 4th day of September, 1979. Richard Wertzberger Mayor D. Michael Kiog James E. Brady Carolyn Farrell Council Members A'ITEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of September, 1979. Leo F. Frommelt City Clerk lt9/10 Council Member Farrell moved final adoptioo of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. RESOLUTION NO. 227-79 WHEHEAS, pursuant to Resolution and published notice of time and place of hearing, publisbed in the Telegraph Herald, a newspaper of general circu- lation pnblished in the City of Dubuque, Iowa on August 16, 1979, the City Council of the City of Dnbuqne, Iowa met on the 4th day of September, 1979, at 7:30 o'clock P.M. (C.D.T.) in tbe City Council Chambers, City Hall, Dnbuque, Iowa to consider the proposal to dispose of interest of the City of Dubuqne, Iowa, in real estate hereinafter des- cribed to JOHN C. GROT JOlIN; and WHEHEAS, the City Cooncil of the City of Dubuque, Iowa, overruled aoy and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the herein- after described real estate to JOHN C. GROTJOHN; NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Iowa In the real estaie beIng a portion of Alta Vista Street between WiIliaUl Street and Rosedole Avenue, now known and platted as Lot 24d in Wood's Addition, ¡n the City of Dubuque, Iowa to JOHN C. GROT JOHN be and the same is hereby approved for the total purchase price of One Hundred ($100.00) Dollars, plus publicaiion and fiting fees, that conveya:nce shell be by Quit Claim Deed, and no abstract win be furnished, and City of Dubuque, Iowa retoin", and reserves to itself perpetual easement rights for utilities wcated therein and right of Ingress and egress to repair and maintain the same. Section 2. Thot the City Clerk be and he is hereby directed and authorized to deliver Deed of Conveyance conveying the above described real estate to JOHN C. GROT JOlIN upon receipt of the purchase price infull. Section 3. Thot the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resotu- tion ¡n the offices of the Dubuque County Recorder, the Dubuque County Auditor and the City Assessor. Passed, approved and adopted this 4th day of September, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyo Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Kiug. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-Noue. Communication of Ecology Control Corporation submittiug a notice to exercise the fifth of their five one-year optiou to lease the old City Garage at 14th & Elm Sts. for the year 1980, presented and read. Council Member Brady moved that the Option be approved and City Manager directed to invest further extensions of leases. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communication of Community Development Director requesting to discuss acquisition of a vacant tri-plex at 597-599 W. 8th St- referring to former resolution citing $9500. for the property, but now is at $12,500- in lieu of condemoation costs, presented and read. Council Member Brady moved to suspend the rules to let anyone present address the Council if they so desire- Seconded by Council Member Farrell. 380 Adj'd Reg. Session, Sept. 4, 1979 Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nyas-None. Absent-Council Member Tully. Robert Fisch of 11th St. Neighbor- hood addressed the Council as being in favor of project. Robert Bradfield of 592 Jefferson St. was of opinion that Council should set down inspecting bodies to follow up during 5 year homesteading period. Council Member Brady moved that the communication of Community Development Director be received and filed- Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-None. Abstain-Council Member King. Absent-Council Member Tully. RESOLUTION NO. 228-79 Authorizing the Acquisition 01 Certaio Real Property Identified as Bligbting Influences in a Community Develop- ment Target Area WHEREAS, the City of Dubuque pursuant to U.S. Department of Hous- ing and Urban Development Grant Agreement No. B-79-MC-19-0004 has been anthorized to carry out a Com- muoity Development Block Grant Pro- gram whicb includes, among other things, the acquisition of blighted and deteriorating real property located within Block Grant target area: and WHEREAS, the real property identified hereinafter has been deter- nnned to meet the criteria set to qualify for this program: and WHEREAS, the identified real pro- perty is located in the Hill Neighbor- hood which is qualified, hy Council Resolution No. 13-77 and Chapter 403 of the Iowa Code, for public acquisition activities in order to alleviate blight and deterioration; and WllEREAS, in accordance with the Unifonn Relocation Assistance and Real Property Acquisition Policies Act, an independent appraisal and staff review of said appraisal of the real property hereinafter described has been pre- pared on behalf of the City of Dubuque. WHEREAS, negotiations with tbe executors of the estate owning the real property identified hereinafter have resulted in an increase in the amount offered for acquisition, from the amount previously in Council Resolution No. 134-79, June 4,1979, in lieu of condem- nation costs. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectiou I. That the City Manager be and he is hereby authorized and di- rected to execute agreements of pur- chase and to do any and all things necessary awl requisite including the affixing of the City seal to certain instruments to acqu,,'e the fee 8ÌUlpte interest in the below described parcel of real property in accordance with the Uniform Relocation Assistance and Real Property AcquisitionPoticies Act: Owner Estate 01 May Hawkins Legal Description Sub 15, City Lot 703, Lot 1 Price $12,500 Sectiou 2. That it is hereby found and determined that the appraisal and appraisal review for each of the parcels to be acquired has been prepared '" a cOUlpetent manner as required by the palicies and regulations of the Depart- ment of Housing and Urban Develop- nwnt. Section 3. That the jw;t compensation to be paid for this parcel of real property is not less than its fair market value as estabtished by the appraisal. Sectlon 4. That City Council Resolu- tionNo. 134-79, Section 1, June 4, 1979, is hereby superceded by Section 1 contained herein. Passed, approved, and adopted this 4th day of September, 1979. Richard Wertzberger Mayor 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 Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-None. Abstain-Council Membcr King. Absent-Council Member 'fully. Proof of Publication, certified to by the Publisher, of Notice of Public hearing to consider Lease and Agreemcnt between the Dock Commission and Beecher Sand Ltd. on five acres of land in Area C on Ham's Island, prescnted and read. Adj'd Reg. Session, Sept. 4, 1979 381 and BEECHER SAND LTD, an Iowa Corporation, as Lessee, coveTIng a tract of land fully described in said Lea:;e and Agreement, a cow of which is attached hereto and by reference made a part hereof as though fully set herein, be and the same is hereby approved untler the terms and conditions of said Lease and Agreenwnt. Sectlou 2. That the Mayor and the City Cwrk be and lhey are hereby authorized and directed to execute said Lease and Agreement for and on belwlf of the CityofDubw:¡ue, Iowa. Sectiou 3. That the City Clerk be and he is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder and the office of the City Assessor. , Passed, approved and adopted this 4th day of September, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members Council Mcmber Farrell moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following votc: Yeas-Mayor Wertzberger. Council Members Brady, Farrell. King. Nays-None. Absent-Council Member Tully. Bob Beecher of Beecher Sand Ltd. spoke to the Council advising ho was under the impression that the agree- ment was a 3 ycar lease on area with right to renew every 12 months, however, if Recreation Department would likc to have area sooner, they would move off. Council Mcmber Farrell moved to amend Section 18 of the proposed lease to read "Change date from 1982 to 1980". Seconded by Council Member Brady. Carricd by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King. Nays-None. Absent-Cóuncil Member Tully- RESOLUTION NO. 229-79 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telograph Herald, a newspaper of general circula- , tion, published on August 24, 1979, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 4th day of September, 1979 at 7:30 o'clock P.M. (CDTI in the City Council Chamhers in the City Ha¡!, Dubuque, Iowa to consider the proposal to enter into a Lease and Agreement by and between the BOARD OF DOCK COMMISSIONERS of the City of Dubu- que, Iowa, as Lessor, and BEECHER SAND LTD., an Iowa Corporation, as Lessee, for certain described land indi- cated on a plat markcd, "Exhibit A", hereto attached, all in section 18, Township 89 North, Range 3 East, all in Area C on Hams Island in the City of Dubuque, Iowa, a copy of which Lease and Agreement is attached hereto, and by reference made a part hereof as though fully set out herein: and WIIEHEAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to grant said Lease and Agreement under the terms and condi- tions of said Lease and Agreement set out therein: NOW THERE~'ORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the proposal to enter into a Lease and Agreement by and between the Board of Dock COUlUlis- sioners of the City of Dubuque, Iowa ATTEST: LeoF. Fì'ommolt City Clerk Council Member Farrell moved adop- tion of the Resolution as amended. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. . Absent-Council Member Tully. Proof of Publication, certified to by the Publisher, of Notice of proposal of Lease of approx- six acres koown as Petrakis Park, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Mayor Wertzberger. . Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreli, King. Nays-None. Absent-Council Member Tully. Commuoication of Dubuque Dock Commission suhnntting proposals for Petrakis Park Lease and requesting scheduling of a work session within ten days to review same, presented and read. Council Member Farrell moved that the communication be referred to the Council. Seconded by Mayor Wertz- berger_Carried hy the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully- Petition of Gregory S- Francois et al (approx. 250 signers) requesting inves- tigation of the intersection in right of 382 Adj'd Reg. Session, Sept. 4, 1979 Adj'd Reg. Session, Sept. 4, 1979 383 way of Fremont at Simpson & Wart- burg Place and the alternates for improvement be presented at a public hearing, presented and read. Greg Francois addressed the Council requesting Engineer to look at the situation. Fred Ganshirt advised this is the 3rd time the problem has been before the Council and requested seri- ous consideration to the problem; Fre- mont Avenue traffic has gone up one thousand cars per day. Council Member Brady moved that the petition bo referred to the Traffic Engineer and Traffic Committee for a report back at the meeting of Sept. 17th. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Councll Member King. Absent-Council Member Tully. Communication of Allan J. Carew of Cambridge Court soliciting considera- tion of the City Council, Recreation Comoùssion, P & Z and other interested agencies to consider what an adverse impact the location of baseball fields would have on property owned 'by the University of Dubuque, presented and read. Council Member Farrell moved that the communication be received and filed and referred to the Recreation Commis- sion to report back for clarification- Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Petition of Dave Chatfield requesting consideration of the traffic hazard at the intersection of W. 5th & Hill Streets, presented and read. Dave Chatfield of 687 W. 5th St. spoke to the petition stating the inter- section is very hazardous for scbool children and elderly: Bad blind corners offW. 5th Street. Council Memher Brady moved that the petition be referred to the Traffic Eogineer and Traffic Comoùttee and tbey be directed to inform Mr. Chatfield of any session to be held. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None- Absent-Council Member Tully- Petition of Mary G- Corell, 1460 Miller Road, requesting immediate ac- tion to repair and replace and stabilize her property, presented and read- Mary G. Corell addressed the Council advising easement was 800' long and 50' wide; referring to area City went thru way beyond the casement. She is asking for rip rap, fill and seed: Situation has now become dangerous. Has gotten a price of $3700. fo; damages incurred. Was of the opinion City and Contractor were actually trespassing on hèr property. Council Member Brady moved that the petition of Mary Corell be referred to Public Works Director Murray and Corporate CounseL Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Couocil Members Brady, Fareell, King. Nays-None. Absent-Council Member Tully. Communication of Art Pape Transfer 10c. requesting assistance to solve their problem involving the acquisition of industrial ground for expansion, pre- sented and read. Council Member Farrell moved that the communication be received and filed and referred to CounciL Seconded by Mayor Wertz- berger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Member Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communication of City Manager re- questing approval of the Street Finance Report from July 1, 1978 to June 30, 1979 to be suboùtted to the State in order to receive Road Use Tax Funds, 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- Nays-None. Absent-Council Member Tully. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectlon 1: That the official repart of the City of Dubuque for its street and parking focüities for FY 79 be and the same is hereby approved. Passed, approved and adopted this 4tb day of September, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members A'ITEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of tbe Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member 'l'u1ly. RESOLUTION NO. 231-79 WHEHEAS, tbe rules published by tbe United States Department of Tran- sportation to iroplement Section 504 of the Rebabilitation Act of 1973 require public transit systems to be responsible for providing a range of transportation services for disabled persons; and WHEHEAS, such rules have a far reaching iropact on local transit systems witb a total cost difficult to ascertain; and RESOLUTION NO. 230-79 Approving Official Report of Muni- cipality for Municipal Streets and Park- ing for FY 79 WHEHEAS, the United States De- partment of Transportation does pro- vide public transit assistance but does not provide additional fuuding for im- plementing Section 504 of tbe Act; and WHEREAS, it is believed that local communities bave tbe capability of determining alternate transportation services to meet local needs at less cost tban tbe cost that would be incurred to meet tbe requirements of Section 504 of tbe Act; WHEREAS, an official report of municipality expenditures and receipts for FY 79 for Municipal Street and Parking Facilities in the City of Duhu- que, has been duly prepared as reqnired by Chapter 312, Road Use Tax Account, Code of Iowa, and suboùtted to this Council for approval: and NOW THEREFOHE, BE IT HE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectlon 1. That the City C<Yuacü of the city of Dubuque requests and urges the League of Iowa Municipalities to peti- tion, on behalf of Iowa communities, the United States Department of Transpor- tation to modify their rules implement- ing Section 50. of the Rehabilitation Act of 1973 to permit Ioco1 cOUlUlunities to WHEREAS, this Couucil has ex- amined the official report of the City of Dubuque for its street and parking facilities from July 1, 1978 to June 30, 1979 wherein receipts and expenditures are shown for FY 79 aloog with a street and storm sewer bond supplement. develap alternate transportation ser- vices to meet the intent of Section 50. of the Act; Section 2. That the City Clerk is hereby authorized and directed to for- ward a certified cow of this resolution to the League of Iowa Municipalities at Des Moines, Iowa. Passed, approved and adopted this 4tb day of September, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell City Council Members A'ITEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of tbe Resolution. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member 'l'u1ly. Communicatiou of City Manager ad- vising that Shive Hattery bas completed their assignment to conduct an In- dustrial Park Study covering three volumes and suggesting a work session to discuss the findings, presented and read. Council Member Farrell moved tbat tbe commuuication be refereed to the Council to scbedule a work session with Shive Hattery. Seconded by Council Member Brady. Carried by the follow- ingvote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member 'l'u1ly. Communication of Chamber of Com- merce being aware of the conflict between the Iowa DOT and the regional office of FHW A over what additional information is needed prior to tbe supplemental Environmental Impact Statement and as a result sensing a danger and therefore urging the Council to raise its priority among competing demands, presented and read. Mike Coyle, Chairman for Freeway Task Force suggested to get the best transportation possible for City; City has not attached enougb empbasis upon importance to transportation problem. George Lipper of Chamber of Com- merce advised that connecting element was hoped to be under construction at completion of bridge; Project bas slip- ped; Hearing bas not been set. We have lost a fuil construction year; Highway is keyed to this community- Requested City make primary role to Adj'd Reg. Session, Sept. 4, 1979 385 Adj'd Reg. Session, Sept. 4, 1979 384 $49,540.79 shall be paid from tbe Community Development Fond of the City of Dubuque. Passed, adopted and approved this 4th day of September, 1979. Ricbard Wertzherger Mayor D. Michael King James E. Brady Carolyn Farrell Council Memhers following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member 'l'u1Iy. RESOLUTION NO. 234-79 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, tbat the following having complied witb the provisions of law relating to the saie of Cigarettes within the City of Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Shirley Cornwell 1404 Pine St. University of Dubuque- Student Union 2050 University Ave. Clair L. Haas 2617 University Ave. Passed, adopted and approved this 4th day of September 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farreil Council Members Communication of City Manager re- commending deuiai of petition of Cre- scent Ridge residents for a five ton load limit, however submitting otber points for consideration, presented and read. Dr. Neumeister told Council 2 years ago County Supervisor Bahl promised to fix road. AI Polsean asked for better police protection. Bob Bertsch, Attorney for Dubuque Sand & Gravel requested City and County get together to fix road; Ad- ditional cost of taking a 15 ton load: Long way over 'short way about 30 % increase in competitive cost: Requested to not impose a weight embargo. Requested to not impose a weight embargo. Howard Winders advised that over- loaded trucks should use road past White Front Feed - This would solve problem. Mrs. Neumeister requested load limit be put on Crescent Ridge. Council Member Brady moved tbat the communication be received and filed and City Manager directed to communi- cate with County Board of Supervisors to deal with problem of fixing road. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member 'l'u1Iy. Communication of City Manager ad- vising of completion of construction of 1978 Curb Replacement Project, pre- sented and read. Council Member Farrell moved tbat the commuuication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. mOve lligbway project aiong. Council Member King moved that Council Mem- ber Farrell be appointed as Couocil representative to act as a liasion between Cbamber of Commerce, State and City Body. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Brady. Absent-Council Member Tully. Council Member Brady further moved tbat Council Member Farrell be re- quired to submit a written report to this body prior to eacb Council Meeting. Seconded by Council Member Farrell. Vote on the motion was as follows: Yeas-Council Members Brady, Far- rell. Nays-Mayor Wertzberger, Council Member King. Absent-Council Member Tully. MOTION FAILED. Communication of City Manager, re- questing tbat the Council discuss the request for a taxi fare increase and if approved as per City Manager's recom- mendation to adopt the Ordinance, presented and read. Jeanette Luerskens of the Cab Com- pany asked that a fuel surcharge be put on all passengers. Council Member Farrell moved that the communication and proposed Ordi- nance be referred back to tbe City Manager to discuss consideration re- lative to college students. Seconded by Council Member Brady. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communication of City Manager re- commending denial of petition of David Wick requesting permission to con- struct a fence at Chaney Road & Becker Court, presented and read. Bob Millius objected to the fence. Darlene Becker, 2620 Becker Ct., of opinion fence proposed still too bigh. Walter Becker requested deuial: Put fence back wbere it belongs. Attorney Fitzsimmons, on behalf of David Wick, stated liability has been taken care of; Fence would be at sole decision of the City Council. Council Member Farrell moved that tbe recommendation of denial by the City Manager be approved. Seconded by Council Member Brady. Carried by tbe following vote: . Yeas-Mayor Wertzberger, Council Members Brady, Farrell. Nays-Council Member King. Absent-Council Member Tully. A'ITEST: 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. Nays-None. Absent-Council Member Tully. (A Resolution Accepting Improvement) RESOLUTION NO. 233-79 1404 Pine St. 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. Nays-None. Absent-Council Member 'l'u1Iy. RESOLUTION NO. 235-79 WHEREAS, Applications for Beer Permits bave been submitted and filed to this Council for approval and the same bave been examined and approved; WHEREAS, the contract for tbe 1978 Curb Replacement Project has been completed and the City Manager bas examined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now there- fore, BE IT RESOLVED, by the Clty Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and tbe same is hereby accepted BE IT FURTHER RESOLVED, tbat tbe City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from Com- munity Development Funds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for tberein. Passed, adopted and approved tbis 4tb day of September, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members WHEHEAS, The premises to be occupied by such applicants were in- spected and found to comply witb tbe Ordinances of this City and have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED, By the City Council of tbe City of Dubuque, Iowa, that the Mana- ger be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Adena A. Ferring 385 E. 13tb St. Holy 1'rinity Churcb 1700 Lincoln Ave. (Also Sunday Sales) CLASS "C" BEER PERMrr Randall's InteJ'IIAt'l, Inc. 2600 Dodge St. (Aiso Sunday Sales) Passed, adopted and approved this 4th day of September 1979. Richard Wertzberger FINAL ESTIMATE RESOLUTION NO. 232-79 WHEREAS, tbe contract for the 1978 Curb Replacement Project bas been completed and the City Engineer bas submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and pre- paring the assessment and plat, now therefore, A'ITEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $49,540.79. That none of tbe cost thereof shall be assessable upon private property and 386 Adj'd Reg. Session, Sept. 4, 1979 Adj'd Reg. Session, Sept. 4, 1979 387 Mayor D. Michael King James E. Brady Carolyo Farrell Council Members A'ITES'I': 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. Nays-None. Absent-Council Member Tully. RESOLUTION NO. 236.79 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same bave been examined and approved; and WHEREAS, The premises to be occnpied by sucb applicants were in- speeted and found to comply with the State Law and all City Ordinances relevant tbereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By tbe City Council of the City of Dubuque, Iowa, tbat the Mana- ger be authorized to canse to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Benton Food Mngmnt., Inc. Hwy. 20, W Nehlia Jane FItzgibbons 1700 Central (AIso Sunday Sales) Obie's Inc. 1899 Roekdale Rd. (AIso Sunday Sales) William Damn 500 Rhomberg Ave. AIso Sunday Sales) Judith P. Juergens 2327 Central Ave. Passed, adopted and approved this 4tb day of September, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTES'I': Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded hy Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communications of State Department of Healtb submitting results of recent inspections of Flora Park and Municipal Swimming Pools and submitting re- commendations for compliance, pre- sented and read. Council Member Farrell moved that the communications be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communications of Iowa State Com- merce Commission submitting "Order Commencing Lifeline Investigation" in the matter of Lifeline Rates for Electric Utilities in Iowa, 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. Nays-None. Absent-Council Member Tully. Communication of the Mayor's Snm- mer Youth Employment Program sub- mitting their final report for the period of May to August incl., presented and read. Council Member Farrell moved that tbe communication be received anf filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communication of Recreation Com- mission soliciting support for money obtained from the sale of Petrakis Park to be specifically designated for recrea- tion purposes, presented and read. Council Member Brady moved tbat the commonication 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. Nays-None. Absent-Council Member Tully. Communication of City Manager re- commending rejection of Joseph D. Vogt request to purchase a strip of property along Kane Street in back of Gay Street Park due to its most pertinent benefits to the park, pre- sented and read. Council Member Farrell moved tbat the commonication be received and filed and recommendation of denial be ap- proved. Seconded by Council member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communication of Public Work Direc- tor submitting the final environmental impact study for the Dnbuqne Nortb- West Arterial as completed hy Brice Petrides & Associates, Inc., presented and read. Council Member Farrell moved that the communication be received and filed and refereed to Council. Seconded by Council Member Brady. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Conncil Member Tully. Communication of City Manager an- nouncing the selection of Mr. Gelhar as the new Processing Manager at an annual salary of $29,062.00, presented and read. Council Member Farrell moved that the communication be received and filed and approved. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Member Brady, Farrell, King. Nays-None. Absent-Conncil Member Tully. MiNUTES SUBMITIED--Community Development of 8-14: Board of Zouing Adjustment of 8-9; Playground & Rec- reation Commission of 8-13; Historic Preservation Commission of 8-8 & 8-14; Transit Trustee Authority of 8-3; Housing Commission of 8-14; Five Fiags Center Commission of 8-27; Airport Commission of 8-16: presented and read. Council Member Farrell moved tbat the minutes be received and filed. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communication of Corporation Coun- sel submitting dismissal of action of Raymond J. & Virgioia Gross, releasing City from their claim, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. NOTICES OF CLAIMS--Gerald J. Schmitt, in the amount of $206., for damage incurred as the result of flooding of bis basement at 120 Kauf- maon Ave., dne to a backed-up sewer ~h/~~~~t6, 0}9i~~.~~~:eJ:~; incurred as the result of being sprayed with tar during resurfacing of an alley by the City Street Crew in the alley to the rear of 2908 Washingion St.; Mrs. Harold Mary Leitner, in an undeter- mined amount, for personal injuries received in a fall on a piece of broken cement resting on a sewer cover at Kerper & Roosevelt on August 26, 1979, presented and read. Cooncil Member Farrell moved that the Notices of Claims be refereed to Corporate Counsel for investigation and report. Seconded by Mayor Wertz- berger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. August 24, 1979 To tbe Honorable Mayor and Members of the City Council. In accordance witb tbe provisions of Chapter 400 of the Code of Iowa 1979, the Civil Service Commission conducted written examinations on July 19, 1979 and physical agility tests on August 15, 1979, for applicants to the Police Department. Tbe following named applicants are hereby certified and are to be con- sidered in the following order: Beck, Paul R. Strumberger, Dennis P. Kane, David T. Prine, Robert M. Tobin, Tereence N. Reimer, Jeff J. Hereig, John P. Vogt, Joseph M. Pickel, Robin R. Rettenmeier, Michsel V. Richard Zimmer John E. Hess Frieda Lutber Civil Service Commission A'ITEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me tbis 27th day of August, 1979. Joleen A. Bechen Notary Public Council Member Farrell moved that the communication be received and filed and made a Matter of Record. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member Tully. Communication of City Manager sub- mitting reports of tbe City Treasurer, Finance Director, Water Supt.. Health Dept., also list of claims for month of July, 1979, presented and read. 388 Adj'd Reg. Session, Sept. 4, 1979 Special Session, Sept. 17, 1979 389 CITY COUNCIL Council Member Farrell moved the communication be received and filed- Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Absent-Council Member 1'ully. There being no furtber business, Council Member Brady moved to ad- journ. Seconded by Council Member Farrell. Carried . vote: Yeas-Mayor , Council Members Brady, Nays-None. Absent-Council Member Tully. Leo F. Frommelt City Clerk OFFICIAL Special Session, September 17, 1979. Council Met at 7:30 P.M.IC_D.T.) Present-Mayor Wertzberger, Coun- cil Members Brady, Farrell, King, Tully. City Manager W. Kenneth Gearhart. Mayor Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called for tbe purpose of CONDUCTING PUBLIC HEARING- ON VARIOUS ZONING ORDINANCES and acting upon such other business as may properly come before a Regular Meeting of the Council. Proclamations proclaiming October 1 to 7, 1979 as "Productivity Improve- ment Week" and week of October 21 to 28, 1979 as "Disarmament Awareness Week" were read and so proclaimed by Mayor Wertzberger. Proof oÍ'l.'ublication, certified to by the Publisher, of Notice of Public Hearing to amend tbe Zoning Ordinance by reclassifying certaio property within Terrace Estates Sub. from AG Agricul- tural to R-2 Residential District Classifi- cation, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member 1'ully 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. . Approved Adopted 1979 1979 Council Members ATTEST: City Clerk ORDINANCE NO. 54-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIIERE- OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PROPERTY WITII- IN TERRACE ESTATES SUBDM- SION FROM AG AGRICULTURAL DISTRIC'f CLASSII1CATION TO R-2 RESIDENTIAL DISTRIC'f CLASSIF1- CATION, said Ordinance having been previously presented and read at the Council Meeting of August 20, 1979, presented for final adoption. ORDINANCE NO. 54-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TIIERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AI\'D ZOl\1NG MAP OF TIlE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAF1'ER DESCRffiED PROPERTY WITHIN TERRACE ESTATES SUBDMSION FROM AG AGRICULTURAL DIS- TRIC'f CLASSIF1CATION TO R-2 RESIDENTIAL DIS1IDC'f CLASSf- F1CATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- =es of the City of Dubuque, IoUX1, be amended by revising Appendix A there- of also known as the "Zomng Ord"w.nce and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter des- cribed property from "AG Agricultural District" classification to "R-2 Residen- tial District" classification, to wit: Lot 1 of Lot 3 of "Terrace Estates", and the Northerly portion of Lot 1 of "Terrace Estates" being described as fo{hws: Commencing at the pmnt of Begin- ning b..ng the Northwest corner of Lot 1 of "Terrace Estates ", thence Smtther- ly 180 feet to a pmnt, thence Westerly 28 feet to a point, thence Southerly 155 feet to a pmnt, thence Easterly 85 feet to a point, thence Southeasterly 254.32 feet to a pmnt, thence Smttheasterly 15.35 feet to a pmnt, thence Easterly 130 feet to a point, thence Northerly 20 feet to a point, thence Easterly 170 feet to a p<>int, thence Northerly 179 feet to a point, thence Westerly 68.94feet to a point, thence Northwesterly 386.98 feet to a point, thence Westerly 264.84 feet to the point of Begtnniny as described hereln- . Section 2. The,t the fdregoing amend- ment has heretofore be.en approved by the Pwnnlng and Zoning Comndssionof the City of Dubuque, Iowa. ""'. Passed. adopted and approved this 17th day of September. 1979. Richard Wertzberger Mayor Thomas A. Tully. Jr. D. Michael King James E. Brady Carolyo Farrell Council Members A'ITEST: Leo F. Frommelt City Clerk Pnblished officially in the Telegraph Herald newspaper this 21st day of September 1979. Leo F. Frommelt City Clerk It 9121 Council Member Tully moved final adoptIon of tbe Ordinance. Seconded by Council Member Brady. Carried by the 390 Special Session, Sept, 17, 1979 following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Ordinance to amend Sections establishing floor area linùtations for hars and taverns, presented and read. No written objec- tions were filed at the time set for the hearing. Harry Shetler, President of Beneficial Tavern Owners Associatioo spoke to tbe Council requesting more thought be put into the Ordinance. Mr. Gregg Adams requested ACTION be taken as soon as possible. Council Member Brady moved that tbe proof of publication be received and filed. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. OIIDINANCE NO. 55.79 AN OIIDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF OIIDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING OIIDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO REPEAL SUBSECTION 1 in SECTION 4-112.4 OF ARTICLE IV AND ENACT A NEW SUBSECTION 1 in ARTICLE 4-112.4 OF ARTICLE IV ESTABUSIHNG FLOOR AREA LIMITATIONS FOR BARS AND TAVERNS AND FURTHER, TO REPEAL SUBSEC- TION 5 IN SECTION 4-113.2 OF ARTICLE IV AND ENACT A NEW SUBSECTION 5 IN SECTION 4-113.2 OF ARTICLE IV ESTABUSIHNG FLOOR AREA LIMlTATIONS FOR BARS AND TAVERNS, said Ordinance having been previously presented and read at the Council Meeting of August 20, 1979, presented for fiual adoption. OIIDINANCENO.55-79 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", TO REPEAL SUBSECTION 1 IN SECTION 4-112.4 OF ARTICLE IV AND ENACT ANEW SUBSECTION 1 IN ARTICLE 4-112.4 OF ARTICLE IV ESTABUSIDNG FLOOR AREA LIMlTATIÒNS FOR BARS AND TAVERNS AND FUR- 1'HUB, TO REPEAL SUBSECTION I; IN SECTION 4-113.2 OF ARTICLE IV AND ENACT A NEW SUBSECTION 5 IN SECTION 4-113.2 OF ARTICLE IV ESTABUSIHNG FLOOR AREA LIMlTATIONS FOR BARS AND TAVERNS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa. be amended by revising Appendix A thereof, abio known as the "Zoni:ng Ordlna:nce and Zrmlng Map of the City of Dubuque, Iowa", by repealing Sub- section 1 in Section 4-112.4 of Article IV and enacting a new Subsection 1 in Section 4-112.4 of Article IV, to wit: "ARTICLE IV DISTRICT REGULA- TIONS Sectlon 4-112.4 Conditional Uses The follawi:ng Conditimwl Uses are permitted in the C-1 Commercial Dis- trict, but <m1y in accordeuce with the provisions of Article \07 of this ordi- nance governing the issuance of Condi- tionnl Permits: 1) Bœrs or taverns not exceeding twenty-two hundred (2200) square feet in gross flaor area. " Section 2. That the C<Jde of Ordi- =es of the City of Dubuque, Iowa, be amendR.d by revising Appendix A there- of, abio known as the "Zoning Ordi- =e and Zrmlng Map of the City of Dubuque, Iœwa", by repealing Subsec- tion 5 in Section 4-113.2 of Article IV and enacting a new Subsection 5 in Section 4-113.2 of Article IV, to wit: "ARTICLE IV DISTIUCT REGULA- TIONS Section 4-113 C-2 LOCAL SERVICE COMMERCIAL DISTIUCT Sectlon 4-113.2 Principal Permitted Use. In the C-2 Commercial District, no builÆng, structure, or lœnd siuJ11 be built or altered to be used in whole <if in part, except for the fol1JJwing pur. pases: 5)Bars or taverns, not exceeding twenty-two hundred (2200) square feet i:n gross flaor area. .. Section 3. That the foregoing amend- nwnts have heretofore been approved by the Planning aad Zoni:ng Commis- sion of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of September, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Special Session, Sept. 17, 1979 391 Carolyn Farrell Council Members A'ITEST: Leo F. Frommelt City Clerk published officially in the Telegraph Herald Newspaper this 21st day of Sep- tember, 1979. LeoF. Frommelt City Clerk 11 9/21 Council Member Brady 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 public hearing to amend the Zoning Ordinance to repeal I Schedule of off-street parking space re- quirements and enacting new schedule I in lieu thereof, presented and read. No written objections were filed at the time set for the hearing. Robert Bertsch, Attorney for Key City Investmeot, requested that reasonable assurance be given that additional parking spaces on Zayre's Lot would be included for their client. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King, Tully. Nays-None. An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zouing Map of the City of Dubuque, Iowa" to repeal Schedule of off-street parking' space requirements in Section 5-104.4 of Article V and enact a new schedule of off-street parking space requirements in Section 5-104.4 of Article V, said Ordinaoce having been previously presented and read at the Council Meeting of August 20, 1979, presented for final adoption. Council Member Tully moved final adoption of the Ordinances- Seconded by Council Member King- VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-None. Nays-Mayor Wertzberger, Councll Members Brady, Farrell, King, Tully- MOTION FAILED. Council Member Brady moved that the Ordinance be referred back to the Planuing & Zoning Commission and they be directed to contact any owners of property, by representative group that may be affected by off-street parking space requirements. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully- Nays-None. Communication of City Manager re- commending adoption of an Ordinance providing that school busses display red flashing lights and stop arms on de- signated streets when loading and unloading students, presented 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. ORDINANCE NO. 56-79 AN ORDINANCE OF THE CITY OF DUBUQUUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ENACTING A NEW' SECTION 25-245, PROVIDING THAT SCHOOL BUSSES SHALL DISPLAY AMBER AND RED FLASIDNG LIGIITS AND STOP ARMS ON DE- SIGNATED STREETS WHEN LOAD- ING AND UNWADING PUPILS AND THAT THE DroVER OF ANY VEIllCLE MEEl'ING OR OVER- TAKING A SCHOOL BUS DISPLAY- ING THE STOP ARM AND FLASH- ING RED UGIITS SHALL STOP AND REMAIN STOPPED UNTIL THE STOP ARM IS RETRACTED, said Ordinance having been tabled at the Council Meeting of September 4, 1979, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Farreil 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 Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully- Nays-None. ORDINANCE NO. 56-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY ENACTING A NEW 392 Special Session, Sept. 17, 1979 SECTION 25-245, PROVIDING TIlAT SCHOOL BÙSSES SHALL DISPLAY AMBER AND RED FLASIllNG LIGIITS AND STOP ARMS ON DE, SIGNA TED STREETS WHEN WAD- ING AND UNLOADING PUPILS AND TIlAT THE DRIVER OF ANY VEIllCLE MEETING OR OVERTAK- ING A SCHOOL BUS DISPlAYING THE STOP ARM AND FLASIllNG RED LIGIITS SHALL STOP AND REMAIN STOPPED UNTIL THE STOP ARM IS RETRACTED. NOW, THEHEFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the Code of Ordi- nances of the City of Dubuque, Iœwa be and the same is hereby a:nwndR.d by enacting a new Section 25-1/1,5 thereof to read as follnws: "Sectlon 25-245 Disebarging Pnplls - Regulations. 1. The driver of ony school bus used to tra:nspart chiú1ren to and from a public or private school sholJ, when stopping to receive or discherge pupils on the streets designated by this ordino;rwe, turn on jla3hing wœrning inmps at a distllll£e of not less than three hundred feet nor mme than five hundred feet from the point where said pupils are to be received or discharged from the bus. At the poônt of receiving or discharging pupils, the driver of the bus siuJ11 bring the bus to a stop, turn off the œntber flashing warning hanps, turn on the red flashing wœrning inmps, und extend the stop arm. After receiving or discharg- ing pupils, the bus driver siuJ11 turn off all flashing warning lamps, retract the stop arm, und proceed on the roUte. No schaol bus siuJ11 stop to uulaad or laad pupils unless there is at least three hundred feet of clear vision in each direction. 2. The driver of any vehicle when meeting a school bus on which the amber wœrning hanp8 are jla3hing siuJ11 reduce the speed of said vehicle to not mme than twenty miles per hour, und siuJ11 bring said vehicle to a complete stop when the school bus stops und stop signat arm is extended und said vehicle siuJ11 remain stopped unta the stop arm is retracted otter which the driver of said vehicle may proceed with due caution. The driver of on.J/ vehicle overtoJcing a school bus siuJ11 not pass a school bus when red or œntber jla3hing lights are flashing und siuJ11 bring said vehicle to a complete stop not claser than fifteen feet of the school bus when it is stopped and stop arm is extended, und siuJ11 remain stopped until the stop arm is retracted und the school bus resumes motion. 3. This section siuJ11 apply to the fol- rowing designated streets or partions of streets on},y: a. Radford Road from the city k'ntits of Asbury, Iowa south to the southerly city limits. b. Pennsylva:nia Avenue from Radford Rood west to the westerly city limits. c. Cedar Cross Rood. d. CrescentRidge. e. Starlight Drive. f. KeUyLooe g. Rockdo1e Road. h. VaRey Rood from Pebma:n Road to Peru Road. i. Peru Road from the East !Jfb¡d St. viaduct to the northerly city limits. j. OldMiURoad:' Section 2. That all ordino;rwes or parts of ordi=es in crmjlict with this ordi- nance are hereby repealed. Passed, approved and adopted this 17th day of September, 1979. Ilichard Wertzberger Mayor ThomasA. Tully, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Pnblisbed officially in the Telegrapb Herald Newspaper this 21st day of September, 1979. Leo F. Frommelt City Clerk 1t 9/21- - Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Puhlication, certified to by tbe Publisber, of Notice of Public Hearing to amend tbe Code of Ordinances by enacting a new Article III to Cbapter 35 tbereof entitled Tax Exemption on Industrial Real Estate, presented and read. No written objections were filed and no oral objectors were present in tbe Council Chamber at tbe time set for the hearing. Council Member Tully moved that the proof of pnblication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, '1'u11y. Nays-None. Special Session, Sept. 17, 1979 393 .' ORDINANCE NO. 57-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY ENACTING A NEW ARTICLE m TO CHAPTER 35 THEREOF ENTITLED TAX EXEMP- TION, PROVIDING FOR THE EX- EMP110N FROM PROPERTY TAXA- TION THE AcruAL VALUE ADDED TO INDUSTRIAL REAL ESTATE BY NEW CONSTRUCTION OF INDUS- TRIAL REAL ESTATE AND AC- QUISITION OF OR IMPRÖVEMEN'F TO MACIDNERY AND EQUIPMENT ASSESSED AS REAL ESTATE. said Ordinance having been previously presented and read at tbe Council Meeting of September 4, 1979, present- ed for final adoption. ORDINANCE NO. 57-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE A- MENDED BY ENACTING A NEW ARTICLE m TO CHAPTER 35 THEREOF ENTITLED TAX EXEMP- TION, PROVIDING FOR THE EXEMPrION FROM PROPERTY TAXATION THE AcruAL VALUE ADDED TO INDUSTRIAL REAL ESTATE BY NEW CONSTRUCTION OF INDUS1'RIAL REAL ESTATE AND ACQUISITION OF OR IM- PROVEMENT TO MAClßNERY AND EQUIPMENT ASSESSED AS REAL ESTATE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectlon 1. That the Code of Ordi- =es of the City of Dubuque, Iœwa be and the same is hereby a:nwndR.d by enacting a new Article III to Chapter 35 thereof entitled Tax Exemption and to read as follnws: "ARTICLE III. TAX EXEMPrION. Sec. 35-17. Partial Exemption. This article does hereby provide for a partial exemption from property taxa- tion of the actual value added to the industrial real estate by the new con- struction of industrial real estate und the acquisition of or improvement to machinery und equiprrl£1lt assessed as real estate pursua:nt to Section 427A.1, subsection 11 ),paragraph e of the 1979 OJde of Iowa. Sec. 35-18. New Construction. New construction as referred to herein meons new buiIJlings und structures and iuclndR.s new buildings and structures which are constructed as additions to existin_q buildings and structures. Sec. 35-19. Reconstruction. New construction daes not iuclude reconstruction of on existing building or structure which daes not constitute complete rep/n£ement of on existing building or structure or refitting of on existing building or structure, unless the reconstruction of on existing build- ing or structure is required due to economic obsolescence und the recon- struction is necessary to implement recognized industry sta:ndards for the ma:nufacturing and processing of speci- fie products and the reconstruction is required for the owner of the fmilding or structure to continue to competitive- ly ma:nvfacture or process those pro- ducts which determination siuJ11 receive prim approval from the City Council of the City upon the recommendation of the Iœwa Develnprnem Cmnmission. Sec. 35-20. New Machinery and Equip- ment. The exemption siuJ11 also apply to new machinery and equipment assessed as real estate pursuant ot Section 427A.1, subsection (1 ),paragraph e of the 1979 Code of Iowa, unless the machinery or equipment is part of the normnl reploce- 'IneUt or operating process to nwintain or expand the existing operational status. Sec. 35-21. Ducation. The partial exemption shall be avail- able untü such time as this ordi=e is repeated by the City OJuucü of the City of Dubuque, Iowa. Sec. 35-22. Amonnt of Exemption. The actual oolue added to industrÜ1l real estate for the reasons specified in this article is eligible to receive a partial exemption from taxation for a period of five years. 'Actual oolue added' as used in this article meons the actual value added as of the first of the year for which the exemption is received, exeept that actual value added by improve'lneUts to machinery and equip- 'IneUt meons the actual value as deter- mined by the assessor as of Jonuary first of each year for which the exemption is received. The amount of actual value added which is eligible to be exempt from taxation siuJ11 be as fol1JJws: (a)For the first year, seve:nty-five percent. (b ) For the secaad year, sixty per- cent. (c) For the third year, forty-five per- cent. (d)For the fourth year, thirty per- cent. ( e ) For the fifth year, fifteen percent. However, the gra:nting of the exemp- tion under this section for new con- struction constituting complete reploce- 394 Special Session, Sept. 17, 1979 ment of an existing building or struc- ture siuJ11 not resmt in the ,",sessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added. Sec. 35-23. Application. An application shaU be filed for each project resmting in actual value added for which an exemption is claimed. The application for exemption sholl be filed by the owner of the property with the local assessor by February first of the ,",sessment year in which the value added is first assessed for taxation. Applications for exemption siuJ11 be I mode on forms prescribed by the director of revenue and sholl contaIn inforUlOtion pertaimng to the mture of the improvement, its cost and other inforUlOtion deemed necessary by the director of revenue. A person may sulnnit a proposal to the City Council of the City to receive prior approval for eUgibility for a tax exemp- tion on new construction. The City Council, by ordinance may give its prior approval of a tax exemption for new construction if the new construction is in conformonce with the zontng plans for the City. The prior approval shaU also be subject to the hearing require- ments of this article. Such prior approval siuJ11 not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate. However, if the tax exemption for new construction is not approved, the person may sulnnit an amended propasal to the City Council to approve or reject. I See. 35-24. Repeal When in the opinion of the City Council continuation of the exemption granted this article ceased to be of benefit to the City, the City Council may repeal this ordimnce, but aU existing exemptions siuJ11 conttnue until their expiration. Sec. 35-25. Limitation on Tax lèxemp- tious. A property tax exemption undR.r this article siuJ11 not be granted if the property for which the exemption is claimed has received ony other property tax exemption authorized by law. " Sectlon 2. This ordi=e may be enacted not less thon thirty days after haWing a public hearing in accordence with Section 362.3 of the 1979 Code of Iowa Passed, approved and adopted this 17tb day of September, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr- D. Michael King James E. Brady Carolyn Farrell City Councll Members ATTEST: Leo F. Frommelt City Clerk published officially in the Telegraph Herald Newspaper this 19th day of Octoher, 1979. Leo F. Frommelt City Clerk It 10/19 Council Memher Tully moved final adoption of the Ordinance. Seconded by Councll Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Corporation Counsel indicating no problem for the City acquiring the green belt area in the Mettel-Byrne Addition as far as the dralnage liability is concerned to and through culvert under Rosemont Street, presented and read. Councll Member Brady moved that the commuuication be received and filed and recommendation be approved. Seconded by Councll Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Councll Members Brady, Farrell, Tully. Nays-None. Abstain-Councll Member King. RESOLUTION NO. 237-79 Resolution Approving plat of Sub- division of Lot 2, Block 17 of Mettel- Byrne Addition in the City of Dubuque, Iowa. WHEREAS, there has been flied with the City Clerk a plat in which Lot 2, Block 17 of Mettel-Byrne Addition in the City of Dubuque, Iowa is platted as: Lot 1 and Lot 2, each of the Subdivision of Lot 2, Block 17 of Mettel-Byrne Addition in the City of Dubuque, Iowa, and WHEREAS sald plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon: and WHEHEAS, said plat bas been ex- amined by the City Council 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 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. - -- .- Special Session, Sept. 17, 1979 395 Passed, adopted and approved this 17th day of September. 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Councll Members A'ITEST: Leo F. Frommelt City Clerk Councll Member Brady moved adop- tion of the Resolution. Seconded by Councll Member 'l'ully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. PETITIONS of U of D requesting permission to conduct a Homecoming Parade on October 6, 1979: U of D Homecoming Committee requesting permission to conduct a bonfire as part of the Homecoming activities: Dubuque Senior High School requesting permis- sion to cooduct a Homecoming Parade I on September 21, 1979; YWCA request- ing permission to conduct a Woman's. Run on October 14, 1979: Loras College requesting permission to conduct a Loras-Clarke Homecoming Parade on October 13, 1979; Wahlert High School requesting permission to conduct a Homecoming Parade on October 5, 1979, presented and read. Councll Member Tully moved that the petition be approved subject to imple- mentation of the City Manager. Se- conded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Councll Members Brady, Farrell, King, Tully. Nays-None. Communication .of City Manager re- commending the purehase of an addi- tional motor grader ($19,750) and snow blade for a tandem truck ($5,000) to assist witb maintaining streets and fighting snow in the annexed area, presented and read. Council Member Farrell moved tbat the communicatioo be received and flied and recommendation approved. Se- conded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King Tully. Nays-None. Communication of Dock Commission submitting lease and agreement be- tween Katnin Transport Inc. and the City thrn the Commission indicating approval, 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- Dock Board Resolution No. 9-4-79, executed on the 4th of September, 1979, requesting the Council to approve ex- ecution of the Katuin Lease, presented and read. Council Member 'l'ully moved that the resolution be approved. Seconded by Councll Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Councll Member Brady, Farrell, King, Tully. Nays-None- RESOLUTION NO. 238-79 WHEREAS, the City of Dubuque, Iowa through its Board of Dock Com- missioners and KATIJIN TRANSPORT COMPANY, an Iowa Corporation, have entered into a Lease Agreement, dated October 1, 1979, covering a tract of real estate owned by the City of Dubuque, Iowa, copy of which Lease Agreement is hereto attached, in which said tract of real estate is fully described: and WHEREAS, the City Council of the City of Dubuque, Iowa has examined said Lease Agrecment and approved the same; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Sectlou 1. That the proposed written Lease Agreement by and between the City of Dubuque, Iowa by and through its Board of Dock Commissioners and the KATUIN TRANSPORT COM- PANY, an Iowa C(f1'pOTation covering a tract of real estate owned by the City of Dubuque, IoVX1, dated October 1, 1979, be and the same is hereby opprvved. Sectiou 2. That the City Clerk be and he is hereby authorized and dtrected to publish notice of said Lease Agreement as is by law required. Passed, approved and adopted this 17th day of September, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members A'ITEST: LooF. Frommelt City Clerk Council Member Tully moved adoption of the Resolution and set hearing for October 1, 1979 at 7:30 P.M. Seconded by Council Member King. Carried by 396 Special Session, Sept. 17, 1979 Special Session, Sept. 17, 1979 397 the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, 1'ulIy. Nays-None. Communication of Planuing & Zoning recommending favorable consideration of plat of Second Addition Terrace Estates Subdivision, presented and read. Council Member Brady moved that tbe communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King,1'ulIy. Nays-None. RESOLUfiONNO.239-79 Resolution Approving tb.e Final Plat 01 Terrace Estates 2nd Addition in the City of Dubuqne, Iowa WHEREAS, there bas been filed with the City Clerk a plat of the Subdivision to be koown as TERRACE ESTATES 2nd ADDITION IN THE CITY OF DUBUQUE, IOWA, Manternach Brothers Investment Group, an Iowa General Partnership, in tbe City of Dubuque, Iowa: and WHEREAS, upon said plat appear streets to be koown as Aerostar Drive, Boeing Avenue, and Beecbcraft Drive, and certaio public utility casements which tbe owners by said plat bave dedicated to the public forever: and WHEHEAS, said plat bas been ex- amined by tbe City Planuing and Zoning Commission and had its approval en- dorsed thereon: and WHEREAS, said plat bas been ex- amined by the City Council and tbey find that the same confonns to statutes and ordinances relating tbereto, except tbat street grades have not been established, the streets brougbt to grade, or paving, sewer or water installed; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the dedications of Aerostar Drive, Boeing Avenue, and Beechcroft Drive and new easements for public utilities as the same o:ppear upon said plai, be and the same are hereby accepted, Section 2. That the plat of TERRACE ESTATES 2ND ADDITION IN TIÆ CITY OF DUBUQUE, IOWA, and the right-of-way hereby being dedicated above in Section 1 be and the same is hereby œp¡rroved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dulnu¡ue, Iowa, upon said plai, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface with bituminous concrete, or with concrete pav".g with integral curb, all in accordance with the City of Dubuque Standard Specifications: b. To install sanitary sewer mains and sewer service laterals in accordance with p/a;ns submitted with the plai: c. To install water mains and water service laierals in accorda:nce with plans sulYmitted with the plai: Ii To install stOl'lU sewers and catch- basins in accordance with p/a;ns sub- mitted with the plai: e- To install concrete sidewalks as re- quired by Ordina:nces, and where directed by the City Engineer and the City Manager: f To constrlWt all improvements in complia:nce with ony and all applic- able City of Dubuque Specifications and as approved by the City Enr gineer: g. To maintain the foregoing improve- ments for a period of four (4) years from the dole of their acceptance by the City of Dub1i.q1æ, Iowa; h. To provide the foregoing construc- tion and maintena:nce at the sole ex- pense of the Subdivider, Manter- nach Brothers Investment Group, on Iowa general partnership, as owners; i. To construct said improvements, except sidewalks, prim to Jmy 15, 1981, and to constrlWt the side- walks prim to Jmy 15, 1982. J: To install in accorda:nce with City Specification, boulevard street light- .'ng within one year otter the completion of the adjacent curb and gutter within ony particular section of the proposed subdivision. and further, provided that said Man- ternach Brothers Investment Group, on Iowa general partnership, as Oumer of Said Subdivision, secure the per- fornw:w.:e of the foregoing conditions by providing security in S'U£h fOl'lU and with such sureties as ,,",y be acceptable to the City Manager. Sectlon 3. That in the event Monter- nach Brothers Investment group, on Iowa general partnership, siuJ11 fall to execute the acceptance and furnish the security pravidedforin Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof siuJ11 be null and void and the acceptance of the dedication and œp¡rroval of the plai siuJ11 not be effective. Passed, adopted and approved by unanimous recorded roll call tbis 17th day of September, A.D., 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Micbaei King James E. Brady Carolyn Farrell Council Members A'ITEST: LeoF:Frommelt City Clerk Aeceptanee 01 RESOLUfiONNO.239.79 We, tbe undersigned Manternach Brotbers, Investment Group, an Iowa general partnership, baving read the terms and conditions of the foregoing Resolution No. 239-79 and being familiar witb the conditions thereof, bereby accept tbe same and agree to perform the conditions required tbere- in. Dated at Dubuque, Iowa, this 31st day of October, 1979. Manternach Brotbers Investment Group Wayne J. Manternacb, Partner TO: Leo F. Frommelt City Clerk This' is to certify tbat the security provided by tbe foregoing HESOLU- TION NO. 239-79 has been furuished by tbe Owners. Dated at Dubuque, Iowa, this 31st day of October, 1979. W. Keunetb Gearhart, Clty Manager Council Member Brady moved adop- tion of tbe Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, 'I'ully. Nays-None. Communication of Planning & Zoning recommending approval of linal plat of Aspen Subdivision located along Valley Street (Loes & McCarron), presented and read. Council Member 1'ulIy moved tbat the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King,1'ulIy. Nays-None. RESOLUTION NO. 240-79 A Resolntion Approving the Replat 01 Lot 2 and Lot 3 of Aspen Sub- division in the City of Dubuque, Iowa. WHEHEAS, there has been filed witb the City Clerk a plat of the Replat of Lot 2 and Lot 3 of Aspen Sub- division in tbe City of Dubuque, Iowa: and WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission and has had its approval endorsed thereon: and WHEREAS, said plat has been ex- amined by the Clty Council and tbey find that the same confonns to statutes and ordinances relating tbereto; NOW, THEREFORE, BE IT HESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectlon 1. That the plai of the Replai of Lot 2 and Lot 3 of Aspen Subdivision .'n the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authœriced and directed to endorse the approval of the Ctiy of Dubuque, Iowa upon said plat. Passed, adopted and approved this 17th day of September, 1979. Richard Wertzberger Mayor Thomas A. 'I'ully, 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. Communication of Planning & Zoning approving tbe rezoning request and PUD designation of "Soutb Grove Vill- age" (Rockdale & Bellevue Road), pre- sented and read. Council Member Tully moved tbat the communication be received and filed. Secouded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, ('Á>uncil Members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing that tbe Code of Ordinances, City of Dubuque, Iowa be amended by revising Appendix A thereof, also koown as the "Zoning Ordinance and Zoning Map of tbe City of Dubuque, Iowa, hy reclassifying property lying at tbe southeast corner 398 Special Session, Sept. 17, 1979 of Rockdale Road and Old Bellevue Road from C-3 Arterial Business Com- mercial District Classification to R-4 Residential District Classification, pre- sented and read. Council Member 'I'ulIy moved that the readinK just had be considered tbe first reading of the Ordinance. Seconded by Council Member Brady. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tnlly movod 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 Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, 'I'ulIy. Nays-None. Council Member Tully moved that a public hearing be beld on the Ordinance on October 15, 1979 at 7:30 0' clock P.M. in the Council Chamber at tbe City Hall and tbat the City Clerk be instructed to publisb notice of the hearing in the manner as required by law. Seconded by Council Member Brady. 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 of the City of Dubuque, Iowa, be amended by revis- ing Appendix A thereof, also known as the "ZOIung Ordinance and Zoning Map of tbe City of Dubuque, Iowa", which amendment shall establish a Planned Unit Development Designation on pro- perty lying in an R-4 Residential District at tbe southeast corner of Rockdale Road and Old Bellevue Road in the City of Dubuque, Iowa, presented and read. Council Member Tully moved that tbe reading just had be considered the first reading of the Ordinance. Seconded by Council Member Brady. 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 witb. Seconded by Council Member Brady- Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Council Member Tully moved that a public hearing be held on the Ordinance on October 15, 1979 at 7:30 0' 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 rcquired by law. 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- commending purchase of a truck chassis in the amount of $7000 on which to mount a 1000 gallon tank for the Firo Department, presented and read. Council Member Farrell moved that the communication be received and filed and recommendation approve. Second- ed hy Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager re- commending granting an additional 60 days for the Ambulance Study Task Force Report, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Member Farrell, King, Tully. Nays-Council Member Brady. RESOLUTION NO. 241-79 Exteuding the Date for tbe Ambulance Stady Task Force to File its Fiual Report WHEREAS, under date of May 21, 1979 an Ambulance Study Task Force, established pursuant to Resolution 119- 79, was to submit a final report to tbe Dubuqoe City Council within 120 days from the date of said resolution; and WHEREAS, the Ambulance Study Task Force will not be able to complete its task within the prescribed time limit and it is deemed to be in the best interest of the city to extend the time for the Task Force to complete its assigoment; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectlou 1. That the Ambulance Task Force is hereby granted an addititmnl 60 days to file a finot report of its finding and recommentlatons with the Dubuque City CounciL Passed, approved and adopted this 17th day of September, 1979- Special Session, Sept. 17, 1979 399 Richard Wertzberger Mayor Thomas A. Tully, Jr- D- Michael King James E. Brady Carolyn Farrell City Council Members A'ITEST: Leo F- Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Tnlly- Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tnlly- Nays-Council Member Brady- Communication of Planning & Zoning recommendiog approval of final plat of Snbdivision of Lot 1 of Valeria Place (Central Ave., W. 23rd & 24th Street), presented and read. Council Member Brady 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. RESOLunON NO. 242-79 Resolution Apprnviug tbe Plat of tbe Subdivision of Lot 1 of "Valeria Place" in tbe City of Dubuque, Iowa. WHEHEAS, there has been filed with the City Clerk a Plat in which Lot 1 of "Valeria Place" in tbe City of Dubuque, Iowa, is platted as Lot 1 and Lot 2, each of the Subdivision of Lot 1 of "Valeria Place" in the City of Dubuque, Iowa; aud WHEHEAS, said Plat has been ex- amined by tbe City Planning and Zoning Commission and they find that the same conforms to the statutes and ordinances relating thereto, except that proposed Lot 2 of the Subdivision of Lot 1 of "Valeria Place" has frontage OIùy upon an unimproved public street, Carr Street; and WHEREAS, said Plat has been ap- proved by the ("ity Planning and Zoning Commission on the condition that pro- posed Lot 2 of the Subdivision of Lot 1 of "Valeria Place" cannot be developed except as it is made part of another lot or lots which have frontage on a fully improved public street or as Carr Street is improved to an acceptable standard; and WHEREAS, said Plat has been ex- amined by the City Council and they find that the same <,"nforms to statutes and ordinances relating thereto, except that proposed Lot 2 of the Subdivision of Lot 1 of "Valeria Place" has frontage oniy upon an unimproved public street, Carr Street; and WHEREAS, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of the Sub- division of Lot 1 of "Valeria Place" in the City of Dubuqne, Iowa, be and the same is hereby approved œad the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat, provided that the owner of said property siuJ11 execute a written accep- tance hereto attached, acknowledging and agreeing: (a) That Lot 2 of the Subdivision of Lot 1 of"ValerilL Ploce" in the City of Dub1i.q1æ, Iowa, cannot be de- veloped except as it is mode part of a conforming zoning wt which fronts upon a fully improved public street or as Carr Street is improv- ed to on acceptable standR.rd. Section 2. That in the event the owner faiŒ to execute the Acceptance provid- ed for in Section 1 herein within forty- five (..5) days after the date of this Resolution, the provisions herein shall be nvll œad void and the appro1Jal of the Plat siuJ11 not be effective. Passed, adopted and approved this 17th day of September, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members A'ITEST: Leo F. Frommelt City Clerk Acœptance 01 RESOLUTION NO. 242-79 We, the undersigned Edward B. Tegeler, Sr. and Helen L. Teg-eler having read the terms and conditions of the foregoing Resolution No. 242-79. and being familiar with the conditions thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa, this 24th day of September, 1979. Edward B. Tegeler, Sr. Helen L. Tegeler Council Member Tully moved adoption of the Resolution. Seconded by Mayor 400 Special Session, Sept. 17, 1979 Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zouing recommending favorable consideration of final plat of Lots 1 thru 14 of the replat of Lots 4, 5 & 6 of Block 4 of Cedar Lake Addition (Hansel Builders Inc.), presented and read. Council Member Brady moved that the communication 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. RESOLurIONNO.243-79 Resolution Approving the Plat of Lots 1 Througb 14 of tbe Replat of !Alts 4, 5, and 6 of Cedar Lake Addition in tbe City of Dubuque, Iowa. WHEREAS, there bas been filed with the City Clerk the Plat of Lots 1 through 14 of the replat of Lots 4, 5, and 6 of Cedar Lake Addition in the City of Dubuque, Iowa; WHEREAS, sald Plat bas been ex- aoùned by the City Planuing and Zoning Commission and had its approval en- dorsed thereon; and WHEREAS, said Plat has been ex- aoùned by tbe City Council and tbey find that tbe same conforms to statutes and ordinances relating thereto; WHEREAS, tbe City is unable at this time to determine tbe iropact on the property from the proposed Cedar Cross Road iroprovements. NOW, TIIEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectlon 1. That the Plo1 of Lots 1 through 14 of the replat of Lots 4, 5, and 6 of Cedar Lake Addition in the City of Dubuque, Iowa, be and the same is hereby o:¡rproved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the Ci!y of Dubuque, Iowa, upon said Plat. PasSed, adopted and approved this 17th day of September, 1979. Riebard Wertzberger Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tiou of the Resolution as Amended. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Couucil Members Brady, Farrell, King, TulIy- Nays-None. Communication of Planning & Zoning recommending concurrence of the final plat of Lot D of Terrace Heights Subdivision, 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, Tully. Nays-None. Abstaio-Council Member King. RESOLurIONNO.244-79 Resolution Approving tbe Plat of Sub- division of !Alt D in "Terrace Heigbts Subdivision" in tbe City of Dubuque, Iowa. WHEREAS, there has been filed witb the Clty Clerk a Plat of tbe Sub- division of Lot D in "Terrace Heights Subdivision" in the City of Dubuque, Iowa; WHEREAS, said Plat has been ex- amined by the City Planning and Zoning Commission and had its approval en- dorsed tbereou subject to tbe condition that a limited number of curb cuts to tbe property will be permitted along Peru Road and that the property owners will establish rights of common access across the entire property; WHEREAS, said Plat has been ex- aoùned by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEHEAS, the City Council concurs in the condition of approval of said Plat established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectlon 1. Thot the Plat of the Sub- diviitWn of Lot D in "Terrace Heights Subdivision" in the City of Dubuque, Iowa, be and the sa:nw is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the a:p'fYf'oval of the City of Dubuque, Iowa, upon said Plat provided the owners of said property herein named, execute written accepta:nce hereto attached aclcnowledging and Special Session, Sept. 17, 1979 401 agreeing: a. Thot the number of curb cuts per- mitted to the property alang Peru Road wiU be limited by the City of Dubuque; and b. Thot the property owners wiU es- tablish rights of common access across the entire property. Section 2. That in the event the property owners siuJ11 fail to execute the accepta:nce provided for in Section 1 hereof within forty-five (45) days after the date of this Resolution, the pro- visions hereby shell be nu1l and void and the approval of the Plat siuJ11 not be effective- Passed, approved and adopted this 17th day of September, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. James E. Brady Carolyn Farrell Council Members A'ITEST: Leo F. Frommelt City Clerk Arœptanee of RESOLurIONNO.244-79 We, the undersigned Thomas J. Man- ternach and Cecilia M. Manternach having read the terms and oonditions of tbe foregoing Resolution No- 244-79, and being familiar with the conditions thereof, hereby accept the same and agcee to the condition required therein. Dated at Dubuque, Iowa, this 27th day of September, 1979. Thomas J. Manternach Cecilia M. Manternach Council Member Tully moved adoption of the Resolution. Secooded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, Tully. Nays-Nooe. Abstaio-Council Member King- Communication of Juanita Moberly recommending the corner of Simpson & Fremont be made a four way stop, however, if voted down that the stop sign on Fremont going west remaio, presented and read. CounciI Member Farrell moved that the oommunication 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 City Manager re- commending a 3 way stop control at the intersection of Fremont, Wartburg & Siropson Streets, presented and read. Council Member Farrell moved that the communication be received and filed and 3 way stop control be approved. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Member Brady, Farrell. Nays-Mayor Wertzberger, Council Members King,1'u1Iy. MOTION FAILED. Council Member King moved tbat the communication of City Manager be received and filed and referred to Staff to prepare an Ordinance to provide for a control on a 4 way stop basis. Seconded by Council Member Tully- Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. RESOLurION NO. 245-79 WHEHEAS, Applications for Beer Per- mits have been submitted and filed 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 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 authorized to cause to be issued to tbe following named applicants a Beer Permit. CLASS "C" BEER PERMIT John Francis Duvis, Jr. 3345 Hillcrest (Also Sunday Sales) Ralph J. Grabow 1050 University Ave. (Also Sunday Sales) CLASS "B" BEER PERMIT T.!. Investments, Inc. 1575 J.F.K. Rd. (Also Sunday Sales) Passed, adopted and approved this 17th day of September, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michacl King James E. Brady Carolyn Farrell Council Members A'ITEST: Leo F- Frommelt City Clerk Council Member Tully moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None- 402 Special Session, Sept. 17,1979 RESOLUTION NO. 246-79 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be occupied hy such applicants were in- spected and found to comply with tbe State Law and all City Ordinances relevant tbereto and they have filed proper bonds; NOW, THEHEFORE BE IT RE- SOLVED, By the City Council of the Clty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER & LIQUOR LICENSE Dubuque Motor Hotel, Inc. 1111 Dodge (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Happy's Place Inc. 2323 Roekdale Bd. (Also Sunday Sales) passed, adotped and approved this 17th day of September, 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 tbe Resolution- Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Application for transfer of Beer Permit by Wm. N. BiUikas from 926 Main Street to 7th & Town Clock Plaza on September 29, 1979, presented and read. Council Member Tully moved that the transfer be approved. 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 sub- mitting a letter from the Recreation Commission relative to Mr- Allan Carew's concern about locating a base- ball complex on U of D property, 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 City Manager advising of the issuance of a permit to the Sertoma Clnb for Saturday, Sep- tember 25, 1979, prior to Council Meeting, to conduct their aunual light bulb sale, presented and read. Council Member Tully moved that the commuuication be received and filed and permit approved. Seconded by Council Memher Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Betbany Home sub- mitting a Certificate of Completion as required by Section 4.5 of the City and Bethany Home Loan Agreement, dated September 1, 1975, 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 City Manager ad- vising that an agreement has been reached with Mr. Jobn Kramer of Pego Court for the extension of the storm sewer in area, presented and read. Council Member Tully moved that the communication be received and filed and agreement approved. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. MINUTES SUBMITTED--Plumbing Board of 8-31; Planning & Zoning Commission of 7-17 & 8-1; Playground & Recreation Commission of 9-4; Ambulance Study Task Force of 9-5 and Airport Commission of 9-6, presented and read. Council Member Farrell moved tbat the minutes be received and filed. Seconded by Council Member Tully. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Peoples Natural Gas re- questing permission to cut a hole in the 10 year street at 1813 Jackson St.. presented and read. Council Member Farrell moved that the request be approved- Seconded by Council Member Tully. Carried by the ------- Special Session, Sept. 17, 1979 403 following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully- Nays-None. Proof of Publication, certified to by the Publisher, of Statements of receipts & disbusements for the month of July, 1979, presented and read. Council Member Farrell moved that the proof of pnblication 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. Printed Council Proceedings for the month of May, 1979, presented for approval. Council Member Farrell moved that the Council Proceedings be approved as printed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of ARIC Ltd.. requesting per- mission to install four lights in Eques- trian Heights. presented and read. Council Member Farrell moved that the request be approved- Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Kiwanis Club requesting a refund of $225- on the unexpired portion of Class "B" Beer Permit No. BB6373, discontinued business on 8-31-79, pre- sented and read. Council Member Farrell moved that tbe refund be granted and City Auditor directed to issue proper warrant. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully- Nays-None. September 10, 1979 Honorable Mayor & City Council Claim was filed agaiost the City of Dubuque by John S- Garside of 2744 Shetland Court on April 24, 1979 in the amount of $73.13 for a broken right, rear spring on his motor vehicle alleged- ly occuring on February 22, 1979 as the result of hitting a potbole approximate- ly 20 feet east of 32nd and Grandview on 32nd Street. This matter was referred to tbe Corporation Counsel who has investi- gated same and conferred with the City Engineer, the Street Superintendent and the Sidewalk Inspector and the claimant- Claimant has made an offer of settlement in the amount of $73.13: and it is tbe recommendation of the Cor- poration Counsel, in view of the find- ings, that said offer sbould be accepted and that the City Auditor be directed to draw warrant payable in said amount payable to John S. Garside and deliver same to Corporatioo Counsel for de- livery upon receipt of duly executed Release- Original claim is enclosed herewith. R. N. Russo Corporation Counsel Council Member Farrell moved that the communication be received and filed and recommendation of settlement ap- proved and City Auditor directed to issue proper warrant. Seconded by Council Member 1'ulIy. Carried by the following vote: Yeas-Mayor Wertzberger. Council Mcmbers Brady. Farrell, King. Tully. Nays-None. September 10. 1979 Honorable Mayor & City Council Claim was filed agaiost the City of Dubuque on May 29, 1979 by Mrs. Jean M. Wailis of 56 Bluff Street, claiming damages in an unspecified amount as the resuit of falling on a crack in the sidewalk on East 13th Street, adjoining Walsh Parking Lot, approximately 10 feet from the corner near White Street. This matter was referred to the LeWd! Department which has investigated same and conferred with the claimant. Claimant has made an offer of settle- meot in this matter in the amount of $75.00; and in view of the foregoing, it is the recommendation of the Corpora- tion Counsel that said offer of settle- ment be accepted and the Clty Auditor be instructed to issue warrant payable to Jean M- Wallis in the amount of $75.00 and transmit same to the Legal Department for delivery upon receipt of duly executed Release. Original claim is returned herewith. R. N. Russo Corporation Counsel Council Member Farrell moved that the communication be received and filed and recommendation of settlement be approved and City Auditor directed to issne proper warrant. Seconded by Council Member Tully- Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. September 11, 1979 Honorable Mayor and City Council Claim was filed on July 30, 1979 against the City of Dubuque. by William 404 Special Session, Sept. 17, 1979 Special Session, Sept. 17, 1979 405 Kinsella of 2 Julien Dubnque Drive in the amo)Ult of $118.47 for an alleged broken window to his residence and claiming said window was broken by a tennis ball. This matter was referred to the appropriate City Agency who has made an investigation of said claim and has made written report of no liability on the part of the City. In view of the foregoing, it is the recommendation of tbe Corporation Counsel that the claim of William Kinsella be denied. Original claim is returned herewith. R. N. Rnsso Corporation Counsel Council Member Farrell moved that the communication be received and filed and recommendation of DENIAL be approved. Seconded by Council Member Tully. Carried by tbe follow- ing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. September 11, 1979 Honorable Mayor and City Council Claim was fded agaiost the City of Dobnque in the total amount of $279.64 by Claudette C. Bandy of 518 Clarke Drive, claimiug that ou July 24, 1978 the publie sidewalk and curbing in front of her residence caved'iu and caused her sewer liue to be damaged. This matter was referred to Corpora- tion Counsel of the City who made an iuvestigation of said matter, and for- warded said claim to Peoples Natural Gas Company as said company had doue excavation in said area. Said Company has . reported to Corporation Counsel that the claim of Claudette C. Bandy bas been amicably settled and disposed of at no cost to tbe City. Enclosed berewith is original com- munication from claimant to tbe City together with Release executed by the claimant. R. N. Russo Corporation Counsel Council Member Farrell moved tbat tbe communication be received and fded. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wert,berger, Council members Brady, Farrell, King, 1'u1Iy. Nays-None. August 29, 1979 Honorable Mayor & City Council Claim was filed agaiost tbe City of Dobuque, Iowa by Winifred M. Fransen of 117 St. Mary's Street, this city, on Juue 29, 1979 claiming that on June 23, 1979 she suffered personal injuries and also broke her glasses as the result of an alleged fall ou the public sidewalk in frout of Higley-Meyer Store on 10th and Main Street as tbe result of tripping on a bole in the sidewalk thereat. Claimant alleged she incurred medical expenses in the total amount of $181.49- This matter was referred to the Legal Department of tbe City of Dubuque, and counsel has made au iuvestigation of same and has conferred with clai- mant. Claimant has made an offer of settlement in the amount of $150.00 and it is the recommendation of Corporation Counsel that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to Winifred M. Fransen in tbe amount of $150.00 and transmit same to the Corporation Counsel for delivery to claimant upon receipt of duly executed receipt and release. Origioal claim is returned herewitb. R. N. Russo Corporation Counsel Council Member Farrell moved that the communication be received and filed and recommendation of settlement be approved and City Auditor directed to issne proper warrant. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King,TulIy. Nays-None. NOTICES OF CLAIMS--Original No- tice of Intervention from District Court for Hnman Rights Commission, in tbe case of Teleprompter Corp. and Wayne Oliver; Original Notice of Intervention from District Court for Leo F. From- melt, City Clerk, in the case of Tele- prompter Corp. and Wayne Oliver; Arthur C. TIgges, in an undetermined amount, for personal property damage claim as tbe result of a backed up sewer at 1725 Wood St. on 9-2-79: Marcie Kohlenberg, in the amount of $8.00, for a broken garbage can destroyed by City workers at 1410 Tower Drive on 8-1-79; Fred N. Smith, in the amount of $340., filed in Small Claims Court, as the result of a sanitary sewer back-np at 1960 Winne Ct. on July 13, 1979; Thomas J. Sehiesl, in the amount of $572_93, for motorcycle damage in- curred as the result of sliding in oil off Miller Road on 8-7-79; Alfred A. Hen- scbel, in the amount of $165., for personal property damage incurred due to heavy truck traffic striking a depression in the street at 2119 Clarke Drive on 8-6-79; Carl F. & Irene C. Ruff, in tbe amount of $15,000., for real & personal property damage incurred as the result of flood water at 520 & 524 Kaufmaun Ave., presented and read. Council Member Farrell moved tbat the Notices of Claims be referred to Corporate Counsel for investigation and report- Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. COUNCIL RECESSED AT 9:35 P.M. RECONVENED IN REGULAR SESSION AT 9:42 P.M. Council Member Farrell moved Eileen Coursey be reappointed to the Ubrary Board for a 6 year term expiring 7-1-85. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King,TulIy. Nays-None. Council Member Tully moved that Mary Healey be appointed to the Ubrary Board for a 6 year term expiring 7-1-85. Seconded by Council Member. Farrell. Carried by the following vote: Yeas-Council Members Farrell, King, Tully. Nays-Mayor Wertzberger, Council Member Brady. Council Member Brady moved that Betty Nugent be reappointed to tbe Playground & Recreation Commission for a 3 year term expiring 7-5-82. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member King moved tbat Sue Lent be appointed to the Playground & Recreation Commission for a 3 year term expiriag 7-5-82. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King,TulIy. Nays-None. Council Member Tully moved that Richard A. Wertzberger be reappointed to the Housing Commission for a 2 year term expiring 8-17-81. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King,TulIy- Nays-None. Council Member 1'u1Iy moved that Doris Hingigen be reappointed to the Housing Commission for a 2 year term expiring 8-17-81. 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 tbat Esther Tauke be reappointed to the Housing Commission for a 2 year term expiring 8-17-81. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that Stacey Murdock be appointed to the Airport Zouing for an unexpired 6 year term expiring 5-14-82 and C. J. May, Jr.. for an unexpired 6 year term expiring 5-14-gJ 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 Melvin Graves, Jr., be appointed to the Airport Commission for a 6 year term expiring 9-14-85. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Council Members Brady, Far- rell,TulIy. Nays-Mayor Wertzberger, Council Member King. Council Member Tully moved that Paul J. Peckosh be appointed to Historic Preservation (representing W 3rd & Alpine area), for a 3 year term expiriog 6-29-82. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Farrell moved that Doris Hingigen be reappointed to the Community Development Commission (representing Honsing Commission), for a 2 year term expiring 8-17-81. Seconded by Council Member Tully. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Brady moved that Donald Redding be reappointed to the Zoning Board of Adjustment for a 5 year term expiring 9-19-64. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King,TulIy. Nays-None. Council Member Tully moved that Gerald Guy be appointed to tbe Housing Code Advisory & Appeals Board (repre- senting Building Code-Board of Ap- peals) for a 3 year term expiriog 9-17-82. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. 406 Special Session, Sept. 17, 1979 Council Member Tully moved that Paul Uhlricb be appointed to tbe Housing Code Advisory & Appeals Board (repre- seoting Electrical Board of Appeals), for a 1 year term expiring 9-17-80. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, '!'ully. Nays-None. Council Member King moved tbat Robert K. Bush be appointed to tho Housing Code Advisory & Appeals I Board (representing Mechanical Board of Appeals), for a 2 year term expiring' 9-17-82. Seconded by Council Member 'I'n1ly. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member 'I'n1ly moved that Robert Steichen be appointed to the Housing Code Advisory & Appeals Board (representing Plnmbing Board of Appeals), for a 3 year term expiring 9-17-82. Seconded by Council Member Brady. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. Council Member '!'ully moved that tbe following be appointed as Alternate Members to tbe Honsing Code Advisory & Appeals Board: Frank Schwartz (representing Meebanical Board of Ap- peals) for a 2 year term expiring 9-17-81; Joseph Danner III (represent- ing Plumbing Board of Appeals) for a 3 year term expiring 9-17-82; Norbert Laufenberg (representing Honsing Commission) for a 2 year term expiring 9-17-81; Joseph Backes (representing Rehab. ConuuIssion) for a 1 year term expiring 9-17-80. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, '!'ully. Nays-None. Council Member King moved to table further appointments to tbe Housing Code Advisory & Appeals Board. MOTION DIED FOR LACK OF A SECOND. Council Member Farrell moved that the following be appointed as Alternate Members (Representing At-Large) to the Housing Code Advisory & Appeals Board: Marilyn Weydert for a 3 year term expiring 9-17-82; Fcancis Lange for a 2 year term expiring 9-17-81 and Ruth Nash for a 3 year term expiring 9-17-82- Seconded by Council Member 'I'n1ly - Carried by tbe following vote: Yeas-Council Members Brady, Far- rell, '!'ully- Nays-Mayor Wertzberger, Council Member King. Council Member Brady moved that the City Clerk be directed to furnish to the Council, copy of Housing Code Ordi- nance regarding appointments of Alter- nates to Housing Code Advisory & Appeals Board. Seconded by Council Member King. Carried by the following vote: Yeas-Council Memhers Brady, King, Tully. Nays-Mayor Wertzberger, Council Member Farrell. There being no further business, Coun- cil Member Tully moved to adjourn. Seconded by Council Member Farrell. Carried by thc following votc: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. Lea F. Frommelt City Clerk Approved Adopted Council Members A'ITEST: City Clerk 1979 1979 Special SeSSfOD, Sept. 26, 1979 4IY1 CITY COUNCIL OFFICIAL Special Session, September 26, 1979. Council met at 4:15 P.M. (C.D.T.) Present-Mayor Wertzberger, Coun- cil Members Brady, Farrell, King, 'I'n1ly. City Manager W. Kenneth Gearhart. Mayor Wertzberger read the call and stated that service thereof bad been duly made and this meeting has heen called to set a date of public hearing on a proposed zoning Ordinance on proper- ty located at 623 Louella Lane and acting upon such other business as may properly come before a regular meeting of tbe Council. Communication of Planning & Zoning ConuuIssion reoommending approval of a rezoning re9uest subßÛtted by John & Rozanne Krelman for property located at 623 Louella Lane from R-l Residen- tial and AG Agricultural Districts to In Heavy Industrial District, 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, '!'ully. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by Ix A, thereof, b and 35 in Maple e City of Dubuque, and the south one-half of tbe vacated alley running between sald Lots 34 and 35 and Lot 49 in Maple Leaf Addition No.2 to the City of Dubuque" from 1\-1 Residential District to In Heavy Industrial District and "Those portions of the right-of.ways of Maple Leaf Avenue and tbe Chicago and North Western RaIlway which lle directly west and adjoining Lots 34 and 35 in Maple Leaf Addition No.2 to the City of Dubuque, and the south one.half of the vacated alley running hetween said Lots 34 and 85 and Lot 49 in Maple Leaf Addition No.2 to the City of Dubuque" from AG Agricultural District to In Heavy Indu.trial District, presented and read, Council Member Farrell moved that the reading just had be considered tbe fir.t reading of tbe Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, '!'ully, Nays-None. Council Member Farrell moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is tsken, be dispensed with. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Farrell moved that a public hearing be held on tbe Ordinance on October 15, 1979 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and tbat the City Cierk be instructed to publisb notice of the Hearing in tbe manner required by law. Seconded by Council Member IGng. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, '!'ully. Nays-None. At 4:26 P.M. Council Member King moved to go into Executive Session to confer witb Corporation Counsel on pending litigation. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, '!'ully. Nays-None. Council Reconvened in Regular Ses- sion at 4:33 P.M. At that time Mayor Wertzberger announced that Corpora- tion Counsel bas been given direction on pending litigation. There being no further business, Council Member 'I'n1ly moved to adjourn. Seconded by Council Member King. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, '!'ully. Nays-None. LeaF. Frommelt City Clerk Approved Adopted 1979 1979 Councll Members ATTEST: City Clerk