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1978 February Council Proceedings 49 loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of May 18, 1967, the Council of the; CityofDubuque, after Public Hearing, adopted an Urban Renewal Plan for the said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is record- ed in the Office of the Recorder of Dubu- que County, Iowa, in Book 295 of Mort. gages, Pages 235 to 259; and WHEREAS. pursuant to such Urban Renewal Plan and Loan and Capital Grant Contract, the City of Dubuque has acquired land, relocated site occupants. removed structures and other improve- ments, constructed and reconstructed site improvements and public facilities, and marketed land and improved prop. erty for private and public redevelop- ment purposes: and WHEREAS, the City of Dubuque and the United States of America have ef- fected a financial settlement of the Downtown Urban Renewal Project, Iowa 12-15; subject, however, to certain conditions agreed to in Resolution No. adopted June 2, 1977, and which conditions required: 1. Deposit of the proceeds from the sale or lease of property to the credit of the Community Develop- ment Block Grant Program (re- fers to that land which was unsold as of June 2, 1977): 2. Improvement of land must con- form to the Urban Renewal Plan; 3. Proposed conveyances are sub. ject to publIc disclosure require- ments of Section 105 (e) of Title I of the Housing Act of 1949, as amended; and 4. Prohibition of discrimination in the sale, lease, rental, occupancy or other use of said properties or in any improvements erected or to be erected thereon; and WHEREAS, the City of Dubuque deems it to be desirable and in the best interest of the City and the Pr'oject to publicly invite proposals from prospec- tive redevelopers for participation in the planning and implementation of the re- development of the remaining cleared land in the Project Area: and WHEREAS, the Fixed-Price Compe- tition method permits the selection of a prospective redeveloper upon criteria and factors other than price but upon the qualifications and experience of the re- developer or redevelopment team, the magnitude and importance of the pro- posed redevelopment to the achieve- ment of the objectives of the Urban Re- newal Plan, and the ability of the rede. Regular Session, February 6,1978 CITY COUNCIL OFFICIAL Regular Session, February 6, 1978. No members of the Council being present the meeting was adjourned sub- ject to call. Leo F. Frommelt City Clerk Approved. . . . . . . . . . . . . . . . . . . . .. 1978 Adopted. . . .. . . . . .. .. .. .. . .. . .. 1978 Council Members ATTEST: City Clerk CITY COUNCIL OFFICIAL Adjourned Regular Session, Febru- ary 7, 1978. Council met at 7:30 P.M. (C.S.T.I. Present - Mayor Tully, Council Members Brady, Farrell, King, Wertz- berger. City Manager Gilbert D. Chav- enelle. Mayor Tully read the call and stated that service thereof hl!-d been duly made and this meeting is an adjourned session of the regular sassion of February 6, 1978, caned for the purpDse of acting upon such business as may properly come before the meeting. Invocation was given by Rev. Paul Gabrielson of Bethany Home. Proclamations proclaiming week of February 12th to 18th as "Office Edu- cation Week"; week of February 19.28 as "National Engineers Week"; and week of February 12-18 as "National Voca- tional Educational Week" were a.pprov- ed and signed by Mayor Tully. RESOLUTION NO. 33-78 Authorizing the Solicitation of Forma' Proposals fQr Designation as Develop. er for Certain Land In the Downtown Urban Renewal Project, Iowa R.15 WHEREAS, under date of July 26, 1967, the City of Dubuque, pursuant to Chapter 403 of the Iowa Code, and the United States of America entered into a and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Communication of League of Women Voters indicating some concern of fund- ing of portions of Community Develop- ment Block Grant Program, presented and read. Council Member Wertzberger moved that the communication be re- ceived and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Communication of Housing Commis- sion recommending review of document for adoption of Housing Assistance Plan for 1978-79, presented and read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-D<me. WHEREAS, the regulations govern- ing the use of such funds requires that an application be submitted which con- forms to criteria prescribed by the United States Department of Housing and Urban Development; and WHEREAS, the City of Duhuque is entitled to certain funds under the Com- munity Development Block Grant Pro- gram authorized under Title I of the Housing and Community Development Act of 1974: and RESOLUTION NO. 36.76 Authorizing the Filing of an Applica. tlon for a Community Development Block Grant for the City of DUbuque WHEREAS, such an application has been prepared and the items contained therein are in the best interests of the City of Dubuque; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE,IOW A: Section 1. That an application on be- half of the City ,of Dubuque for a Commu- nity Development Block Grant under Title I of the Housing and Community Development Act of 1974 is hereby ap- proved, and that the Mayor the City of Dubuque is hereby authorized and di- rected to execute such an application for submission to the United States Depart- ment of Housing and Urban Develop- ment. 51 Regular Session, February 6,1978 therein are in the best interests of the Ci. ty of Dubuque; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE,IOW A: Section 1. That a Citizen Participa- tion Plan for the City of Dubuque (at- tached) be approved. Section 2. That the Citizen Participa- tion Plan for the City of Dubuque shall continue to remain on file in the office of the City Clerk, where such plan may be examined and copied by any interested party. Section 3. That the Community De- velopment Commission at its regular meeting of January 10, 1978, approved the Citizen Participation Plan and recommends its adoption by the City Council of the City of Dubuque, Iowa. Passed, adopted, and approved this 7th day of February, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Mayor Tully moved adoption of the Resolution. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays-Council Member Wertzber- ger. Proof of Publication, certified to by the Publisher, of Notice of Hearing rela- tive to Community Block Grant Funds, presented and read. Mayor Tully moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas,-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. J an Walter representing Project Con- cern, stated that Cathedral Square Cen~ ter requested $44,746; Requesting re- consideration for funding. Harry Neustadt, Community Devel- opment Specialist, reported City is li- able for return of funds if a project fails; City of Dubuque, at this time, does not have control of Senior Center_ David Davis, Committeeman for Com- munity Development, state Project Con- cern is not to be funded at this time due -to priority of other projects. Council Member Wertzberger moved that the proof-of publication be received ~2&"-~~,""",,,~:'.~i,";:--~.'" RESOLUTION 34.76 A Resolution for the Publication of a Public Notice Granting an Easement to Interstate Power Company WHEREAS, Interstate Power Com- pany, a Delaware Corporation has re- quested an easement across city proper- ty for the installation of electrical trans- mission lines; and WHEREAS, the City Clerk has on file a resolution granting an easement to In- terstate Power Company for the instal- lation of these lines; and WHEREAS, the Code of Iowa, 1977, requires a public hearing to be held on the sale or lease of any city property. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the City Clerk be di- rected to publish a notice of a public hearing on the resolution now on file with the City Clerk which resolution grants Interstate Power Company rights for the use of any city property for the in- stallation of electrical transmission lines. Passed, adopted, and approved this 7th day of February,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wer.tzberger moved adoption of the Resolution and the public hearing be held on February 20, 1978. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. RESOLUTION NO. 35-76 Authorizing the Adoption of a Citizen Participation Plan for the City of Du. buque WHEREAS, the City of Dubuque is entitled to certain funds under the Com- munity Development Block Grant Pro- gram and authorized under Title I of the Housing and Community Development Act of 1974; and WHEREAS, Section 570.3031bl gov- erning the use of such funds requires that the City of Dubuque prepare and adopt a written Citizen Participation Plan as prescribed by the United States Department of Housing and Urban De- velopment; and WHEREAS, such a plan has been pre- pared -and the procedures contained Regular Session, February 6,1978 ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by .council Member Farrell. Carried by the. following vote: Yeas - Council Members Farrell, King, Wertzberger. . Nays-Council Member Brady. Abstain-Mayor Tully. Communication of Development Con- trol Corporation presenting a written proposal expressing conditions under which they would be engaged as a Devel~ oper for a Downtown enclosed Retail Mall Development, presented and read. Council Member Wertzberger moved that the communication be r~ceived and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. veloper to implement the proposed rede- velopment. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That a public invitation for formal proposals for participation in the planning and implementation of the re- development of the cleared land in the Downtown Urban Renewal Project, Iowa R-15, identified as Block 12,13,14 and 17 in Dubuque Downtown Plaza is approv- ed. Section 2. That documents pertain~ ing to the selection of a tentative rede- veloper and the disposition of the land are hereby approved and filed of record with the City Clerk. Section 3. That the Fixed-Price Me- thod of offering the land for sale to a re- developer is the appropriate method of making the land available for redevelop- ment. Section 4. That the price for the dis- posal of each parcel included in the land to be conveyed is determined to be not less than the fair price for the land for uses in accordance with the Urban Re- newal Plan and the said prices are here~ by approved. Section 5. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Proposals" for the selection of a designated redevelop- er in the form of Exhibit "A" attached hereto. Passed, adopted, and approved this 7th day of February, 1978. Richard Wertzberger D. Michael King Carolyn Farrell Council Members 50 ~ 53 Council Member Brady. Carried by the following vote: Yeas-Council Members rell, King, Wertzberger. Nays-none. Abstain-Mayor Tully. January 31,1978 Honorable Mayor and Members of City Council RE: Recommended Revision of 1977-78 Housing Assistance Plan (HAP) The Housing Commission held a meet- ing with representatives of the Sisters of St. Francis on Thursday, January 26, 1978. At that meeting, the Sisters ex- plained t'he concept of their proposed' de- velopment to be known as AlverDo Apartments in the Stonehill Commu- nity. This 100 unit development for low income elderly households will provide a planned program for elderly, which the Housing Commission voted unanimous- ly to endorse. Funding for the project will come from a Section 202 low interest mortgage loan granted directly from the U.S. Department of Housing and Urban Development, as well as a Section 8 Ren- tal. Assistance contract to subsidize rents in all units of the project. The Sisters have requested city staff to expedite the Mayor's endorsement of the development of their project, as re- quired by HUD. Staff had advised the Sisters that such endorsement could not be obtained unless a minor change in the currently effective HAP was approved by the City Council which would allow continued development of t.heir project in accordance with goals outlined by the Plan. The HAP shows the City of Dubuque's desire to develop up to 200 units of Sec- tion 8 Newly Constructed rental units during Fiscal Year 1978. Following is a listing of the New Construction develop- ments which private developers have expressed a desire to bring to comple- tion: authorized by provisions of Chapter 403 A of the 1966 Code of Iowa, as amended; and WHEREAS, the City of Duhuque has prepared and submitted a Housing As- sistance Plan for Fiscal Year 1978 to the United States Department of Housing and Urban Development which projects the need for at least two hundred fifty (250) Section 8 Existing Housing Units over the period of the three years ending in Fiscal Year 1981, with at least one hundred (100) units to be programmed during this current year; and WHEREAS, the U,S, Department of Housing and Urban Development, as of January 27, 1978 issued an invitation for the City of Dubuque to file its application for up to two hundred twenty-four (224) units before 4:00 P.M., March 7,1978; NOW THEREFORE BE IT RESOL V- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the City Council di- rects the Mayor of the City of Dubuque to sign the application for one hundred (100) units as prepared by staff and now reviewed by City Council. Section 2. That the Director of the Department of Community Development is directed to forward said application, in the required number of copies to U.S. Department of Housing and Urban De- velopment as soon as possible, before the deadline date and to supply HUD with other required documents needed to complete this application. Passed, adopted, and approved this 7th day of February,1978. Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Number Type Households to Developer of Units Proposed Location be Served I) HOMZ Part- ners, Madison, Wisc. 48 Xavier District off Sheridan Road Low Income Families 2) Tom Leibold, Dubuque,IA 79 Northwest-Kaufmann Ave. near Area Residential Care Elderly 3) Sisters of St. Francis, Dubu- que,IA 100 Stonehill Community Elderly TOTAL 227 The fact that 27 more units- have re- the City to endorse all of the programs. ceived commitment than were planned We recommend that you transfer thir- requires a revision of the HAP, allowing ty (30) units from the Interim Assistance !!iii~ Far Brady, Regular Session, February 6,1978 ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by 1978, advertised an invitation for the City of Dubuque to submit an application for Section 8 Existing Housing Units. The City of Dubuque would be incompe- tition with six other Iowa Cities for up to 224 units at this time. In anticipation of the invitation from HUD, the Housing Commission, at a Spe- cial Meeting on January 26,1978, consid- ered a staff recommendation for the City of Dubuque to submit an application for 100 units. The Commission voted unani- mously at that session to recommend that you file an application for 100 units to be distributed as follows: 55-2-Bedrooms 40 - 3-Bedrooms 5-4-Bedrooms This recommendation is based upon our feeling that the Section 8 Existing Housing Program offers one of the best means for the City of Dubuque to pro- vide rental assistance to low income households while helping to improve and maintain the quality of the existing hous- ing stock. In addition, the current Hous- ing Assistance Plan specifies that the City of Dubuque wishes to develop 100 units of Section 8 Existing Housing dur- ing this program year. The contract that will probably result from. this application will be in addition to the existing contract managed by the City of Dubuque for 249 units. Public de- mand for this program has been evidenc- ed by its success, with all authorized allo- cations for 249 units being utilized. In ad- dition, the staff has developed an active waiting list ofl50 applicants, plus a "pre- application list" of about 60 interested households. We feel that many more qualified candidates have not applied because they are already aware of the limited resources of the program. The Housing Commission, therefore, commends to your consideration the at- tached application for 100 additional Section 8 Existing Housing Units. We recommend your approval. Charlotte G. Kelly Chairperson Housing Commission Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 37-78 Authorizing Mayor to Sign Application for 100 Units of Section 8 Existing Housing snd Directing Staff to Submit Application and Required Documents WHEREAS, the City of Dubuque functions as a Public Housing Agency Regular Session, February 6,1978 January 31, 1978 Honorable Mayor and Members of City Council BE: Application for 100 Units of Sec. tion 8 Existing Housing The U.S. Department of Housing and Urban Development on January 27. Passed, adopted, and approved this 7th day of February,1978. Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Farrell, King, Wertzberger. Nays-Council Member Brady. Abstain - Mayor Tully. Council Member Wertzberger moved that the Public Housing Section in the "Explanation of Priorities" be stricken from the record covering public housing expressing the City willingness to spon- sor public housing for families. Seconded by Council Member King. Carried by the following vote: Yeas-Council Members Brady, King, Wertzherger. Nays-none. Abstain - Mayor Tully, Council Mem- ber Farrell. Communication of DOT submitting maps of the proposed improvement of the City Island Bridge and approaches from near the intersection of Kerper Blvd. and 16th Street easterly to the pro- posed interchange of Highways 11 & 35; also advising of Public Hearing to be held in Audubon School Gym on March 15, 1978 at 7:00 P.M., presented and read. Council Member Farrell moved that the communication be received and filed and referred to Council. Seconded by Council Member W ertzberger. Car- ried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. ' Council Member Brady moved that the City Clerk be directed to send a let- ter to the State DOT, on behalf of the Council, expressing concern as to lack of material received and requesting more information to further prepare the pub- lic on bridge proposals. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. 52 55 hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady. Farrell, King, W ertzberger. Nays-none. ORDINANCE NO. 7078 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY CLASSIFYING RECENTLY ANNEXED PORTIONS OF MINERAL LOT 504 LO. CATED ON ROCK DALE ROAD FROM AG AGRICULTURAL DISTRICT TO R.l RESIDENTIAL DISTRICT CLASSIFI. CATION, said Ordinance having been previously presented and read at the Council meet- ing of January 16, 1978, presented for final adoption. ORDINANCE NO. 7078 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY CLASSIFYING RECENTLY ANNEXED PORTIONS OF MINERAL LOT 504 LO. CATED ON ROCK DALE ROAD FROM AG AGRICULTURAL DISTRICT TO R.l RESIDENTIAL DISTRICT CLASSIFI. CATION, WHEREAS, the real estate hereinaf ter described was annexed to, and be- came part of the City of Dubuque, Iowa, by City Council Resolution No. 275-77, passed, approved and adopted by the City Council on July 18, 1977, which an- nexation was upon voluntary petition. NOW THEREFORE BE IT OR. DAINED BYTHE 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, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying the fol- lowing described real estate from '~G Agricultural District" classification to "R-t Residential District" classifica- tion, to wit: Lot 2 of Sub of Mineral Lot 504, Sec. tion 1, T88N, R2E, of the 5th P.M. in the City of Dubuque, Iowa. Regular Session, February 6,1978 Van-Ambulance. It includes $1,662.00 worth of equipment, as listed in Alter~ nate A. The equipment includes cot, hanging stretcher, portable oxygen units and other various equipment which is being purchased at a lower cost than that which we could purchase it for separately. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed and purchase of ambulance from Emergency Services Supply Co. be au- thorized. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. January 17,1978 Honorable Mayor and City Council On April 18, 1977, claim was filed by Mrs. Cecelia Munster of 1035 Rockdale Road this City, claiming personal in- juries allegedly occurring on March 24, 1977, and claiming said injuries occurred as a result of tripping and falling at 1545 South Grandview near the Oky-Doky Store, and 'alledgiifg said fall was caus- ed by a broken sidewalk thereat. This matter was referred to the City Attorney's Office who investigated the same and conferred with the claimant and finds that said injuries consisted of a broken ankle. Claimant has made an offer of settle- ment of $100.00; and in view of the fore- going, it is the recommendation of the City Attorney that said offer of settle- ment should be accepted, and that the City Auditor be instructed to issue war- rant payable to Mrs. Cecelia Muenster in the amount of $100.00and transmit same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned herewith. R. N. Russo City Attorney Council Member Wertzberger moved that the communication be received and filed and recommendation of settlement be approved. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell,King, Wertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing tf.' amend the Zoning Ordinance by reclassifying recently annexed portion of M.L. 504 from AG to R-l Residential District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time set for the Regular Session, February 6,1978 Rehabilitation Program to the Section 8 WHEREAS, the City of Dubuque New Construction Program in order to finds that the new construction projects justify these developments. We feel that being planned will further the City's ef- such transfer is justified as the Interim forts to provide additional standard Assistance Program for elderly has not housing for low and moderate income el~ received the applications as originally derly and handicapped households; and projected. WHEREAS, the "Emergency Assis- Such a transfer within HAP limita- tance Program" available to elderly tions already outlined on the currently homeowners in the City of Dubuque has valid Plan will not change the total not been utilized to the extent originally households the City has projected to projected; now therefore serve. Therefore, this revision will prob- BE IT RESOLVED BY THE CITY ably not precipitate the need for an A.95 COUNCIL OF THE CITY OF DUBU. Review. QUE,IOW A: Your approval of this Plan is recom- Section 1. That the City Council au- mended unanimously by your Housing thorizes transfer of thirty (30) units for Commission. elderly families from the "Emergency Charlotte G. Kelly Assistance Program" found under the Chairperson Housing Assistance Plan category de- Housing Commission scribed as "D" - "Rehabilitation Assis- Rick Kirkwood and Bruce Cowhig, tance to Homeowners or Prospective members of Staff, spoke to the communi- Homeowners" to the category described cation. The request was made tomove30 as "A" - "New Rental Units" Section 8 units out of the block grant program. - Housing and Urban Development Di- Homz, Leibold, Sisters of St. Francis re* vision of the Plan. questing modification of existing pro- 'Section 2. That the City Council di- gram. Bruce Cowhig stated that Interim rects the Director of the Department of Assistance program is available. The Community Development to submit this need is not as prevalent as originally Revised Housing Assistance Plan to the thought. United States Department of Housing Council Member Wertzberger moved and Urban Development for approval. that the communication be received and Section 3. That the Mayor is author- filed. Seconded by Council Member Far- ized to indicate compliance with the Re- rell. Carried by the following vote: vised Housing Assistance Plan of the Yeas-Mayor Tully, Council Mem- planned new construction developments bers Brady, Farrell, King,W ertzberger. by letter as requested by HUD. Nays-none. Passed, adopted, and approved this RESOLUTION NO. 38.78 7th day of February,1978. Authorizing Revision of 1977.78 Hous. Richard Wertzberger ing Assistance Plan in Order to Ac. D. Michael King commodate Three'Section 8 New Con. James E. Brady struction Projects Under Development Carolyn Farrell WHEREAS, the City of Dubuque has Council Members developed a Housing Assistance Plan ATTEST: for Fiscal Year 1977-78 as part of the ap- Leo F. Frommelt plication for Community Development City Clerk Block Grant Funds for Fiscal Year CouncilMemberWertzbergermoved 1977-78, which reflects a desire to devel- adoption of the Resolution. Seconded by op at least two hundred (200l new con- Council Member Farrell. Carried by the struction rental units for low income following vote: families during the year within the con~ Yeas-Council Members Brady, Far- text of a plan to develop up to four hun- rell, King,- Wertzberger. dred (400l Section 8 Newly Constructed Nays-norte. units within the next three years; and Abstain - Mayor Tully. WHEREAS, the U,S. Department of January 31,1978 Housing and Urban Development has Honorable Mayor and given a preliminary commitment to City Council three private developers this year, to Attached is a list of bids received by develop two hundred twenty-seven (227) Chief Robert N. Dunphy for the pur- Section 8 Newly Constructed units; and chase of a new modular type ambulance. WHEREAS, the U.S. Department of It is recommended that the city accept Housing and Urban Development will the low bid of $26,372.00 submitted by' not approve final commitments on these Emergency Services Supply Company projects unless their development com- of St. Loui~. The bid consists of the AI- plies with goals outlined by the 1977-78 ternate B base, which is the cost oithe Housing Assist~nce Plan; and vehicle less the turn-in of a' 1969 Ford 54 ,.__-""-".A"~,,,;~ '-'<-1::.0 57 Passed, adopted, and approved this 7th day of February, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wert:i\bel'ger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Dave Liason spoke to the Council rela- tive to the Sound System in the Council Chambers. Communication of Planning & Zoning Commission submitting a new copy of the Zoning Ordinance and Zoning Map including all amendments to December 19, 1977 of the map and all amendments to January 16, 1978 on Zoning, present- ed and read. Council Member Wertzber- gel' moved that the communiction be re- ceived and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of City Manager re- questing.to discuss study by Rossiter & Hamm for utilization of the Trenkle Building, also report proposed by them in 1973 for remodeling City Hall, pre- sented and read. Paul Rossiter presented 4 alternative proposals on the Trenkle Building and Mr. Murray gave the Council a layout of the City Hall prepared in 1973. Council Member Wertzberger moved that the communication be received and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, I bel'S Brady, Farrell, King Nays-none. January 23, 1978 Honorable Mayor and City Council On September 25, 1974, the City ofDu- buque was served with Original Notice with petition attached, wherein Martha O'Neal was plaintiff, and the City of Du- buque, named defendant, being Law No. 40318. The plaintiff in her cause of action alleged personal injuries to plaintiff on September 27, 1972 as the result of a fall on said date at or near 98 Hill Street in the City of Dubuque and alleging an un~ safe condition of said sidewalk thereat. Regular Session, February 6,1978 Chicago North Western railroad. MATCHING RESOLUTION NO. 39.78 Whereas, the City of Dubuque of Iowa, by resolution duly passed hereto- fore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Com- mission project: this Amount of Funds Being Provided $28.52 Passed, adopted, and approved 7th day of February, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Title of Project National Confer- ence on Juvenile Justice ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Section 1. That the City Manager be and he is hereby authorized and directed to execute on behalf of the City of Dubu- que an amendment to the Rental Agree- ment executed under date of May 18, 1977, between the City of Dubuque and The Old Creamery Theatre Company of Garrison, Iowa, for the use of the Five Flags Theater. WHEREAS, pursuant to Resolution No. 165-77 the City of Dubuque under date of May 18, 1977 entered into a ren- tal agreement with The Old Creamery Theatre Company of Garrison, Iowa, to provide certain theatrical performances in the Five Flags Theater; and WHEREAS, it is in the best interest of both parties to amend the agreement to permit better utilization of the Five Flags Theater, RESOLUTION NO. 40.78 Authorizing Amendment to the Rental Agreement Between the City of Dubu- que and The Old Creamery Theatre Company of Garrison, Iowa NOW THEREFORE BE IT RESOL V- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ;",,-~";;::C'2;:".7~ft'*~=-i2Tt'f'''.7~,'~ ---p- .-- -- - compatible with current development in the area. Accordingly, by a unanimous vote the Planning and Zoning Commis- sion has recommended that the petition for reclassification from R-2 Residential District to R.5 Residential District be denied. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed and recommendation of denial be approved. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Petition of Dubuque County Historical Society requesting t~ be considered for a fair share of any monies produced through the propos~d system of taxation known as the Hotel~Motel Tax, present- ed and read. Council M~mber Wertz ber- gel' moved that the petition be referred to the Council. Seconded by Mayor Tul. ly. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Petition of Foot Levelers Inc. request- ing annexation of Sub. of Lot 1 of 3 of 1 of Mineral Lot 500 and Mineral Lot 501 or obtain benefits of City Sewer on a pro. rate fee without annexation, presented and read. Council Member Wertzberger moved that the communication be re- ceived and filed and referred to City Manager and Staff. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Petition of C. Robert Justmann reo questing the Council to direct condem- nation proceedings against the Milwau- kee Railroad property at 4th & Central Ave. to eliminate an eyesore, presented and read. C. Robert .Justmann and George Rauchenecker spoke to the petition. Council Member Wertzberger moved that the petition be received and filed and referred to the Council, City Man- ager and City Attorney. Seconfied by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Mr. Rauchenecker spoke relative to a possible Key City Railroad which could run from Dubuque to Dyersville on the Regular Session, February 6,1978 Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Section 3. That the herein described property has become part of the Twen- ty-fourth Voting Precinct of the City of Dubuque, Iowa. Passed, adopted, and approved this 7th day of February, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day ofFeb- ruary 1978. 56 Leo F. Frommelt City Clerk January 24, 1978 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Nicolai-Marx Developers of LaCrosse, Wisconsin, to reclassify Lots 34, 35, 36, 83, 84, 90, 91, 92, 93, 94, 95, 96, 97, and 98 in A. P. Woods Addition and the northerly half of Bellevue Street vacated, all in the City of Dubuque, Iowa, from R-2 Resi- dential District to R-5 Residential Dis- trict classification. The property is locat- ed off of Blake Street between Kirkwood and Locust Streets. If the property is re- classified, the petitioners _ propose to construct multiple-family units on it. The site consists of two plus acres of rocky, flat area near the top of the bluff which runs between Locust and Kirk- wood Streets. It is accessible only from Kirkwood Street via the unimproved but dedieated right-of-way of Blake Street. The area in which the site is lo- cated and through which it has its only access is zoned and used almost exclu- sively for single-family residences. After hearing the evidence and testi- mony presented, the Commission has de- termined that the introduction of a high- density. multiple-family use on the site, as proposed by this petition, would be in- 1t 2/10 Council Member Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. 59 tion Basin. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement. and unless property owners at the time of the final consideration of this proposed resolu~ tion have on file with the City Clerk, ob- jections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid partially from the Sanitation Fund (05-0832-2433- 00) and partially from the Revenue Sharing Fund (41-0832-2433-001. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of February, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved approval of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Ae-SOLUTION NO. 44.78 Preliminary Estimate on removal and disposal of silt and debris from the W.32nd Street Detention Basin, in the amount of $30,392.50. presented and read. Council Me~ber Wertzberger moved adoption ot-the Resolution. Se- conded by Council Member King. Car- ried by the. following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. (FIXING DATE OF HEARING: RESOLUTION NO. 45.78 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion for the removal and disposal of silt 17, 1978 ger. Nays-none. To the Honorable and City Council Enclosed are the preliminary plans, specifications and estimate for removal and disposal of silt and debris from the W. 32nd Street Detention Basin. Gilbert D. Chavenelle City Manager Coucil Member Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas--:-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. (Necessity lor Improvement) RESOLUTION NO. 43.78 WHEREAS, proposed plans, specifi- cations, and form of contract have been duly prepared and approved by the Ci- ty Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the removal and disposal of silt and debris from the W. 32nd Street Deten- January Mayor January 25, To the Honorable Mayor and City Council This is to advise you that the Schmitt Harbor Municipal Boat Ramp Project has been completed in accordance with the City of Dubuque plans and specifica- tions. I, therefore, recommend the accep- tance of the above named project. Gilbert D. ChavenelIe City Manager Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. FINAL ESTIMATE Resolution No. 41.78 WHEREAS, the contract for the Schmitt Harbor Municipal Boat Ramp Project has been completed and the Ci- ty Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, 'BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $36,832.52. That none of the cost thereof shall be assessable upon private property and $36,832.52 shall be paid from the Local Public Works Fund of the City of Dubu- que. Passed, adopted, and approved this 7th day of February, 1978, Richard Wertzberger D. Michael King Carolyn Farrell James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Council Members Brady, Far- rell, King, Wertzberger. Nays-none. Abstain-Mayor Tully. (A Resolution Accepting Improvement) RESOLUTION NO. 42.78 WHEREAS, the contract for the Schmitt Harbor Municipal Boat Ramp Project has been completed and the Ci- ty Manager has examined the work and Regular Session, February 6,1978 filed his certificate stating that the same has been completed according. to the terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same _i~_Jt_t:.~~_~_ accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Local Public Works Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted, and approved this 7th day of February, 1978. Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- Regular Session, February 6,1978 Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. 1978 58 Said matter was referred to the City Attorney's office which has interposed appropriate defenses thereto and that on the 19th day of January, 1978 said matter was dismissed by order of the District Court in and for Dubuque Coun- ty, Iowa for want of prosecution on the part of the plaintiff, and costs assessed to the plaintiff. That said matter has been effectively disposed of at no cost to the City of Du- buque. Original Notice with Petition attach- ed is enclosed herewith. R. N. Russo City Attorney Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. January 24, 1978 Honorable Mayor and City Council On November 26, 1976, Robert J. O'Brien, Chief of Police of City of Dubu- que, Iowa was served with Summons with copy of Complaint attached filed in the U.S. District Court for the Northern District of Iowa (Eastern Division) being Civil No. C 76-1019, being a claim alleg- ing discriminatory practice wherein Jane Pitts.Smith, Maria McAllister and JaVaune Adams were plaintiffs and Robert J. O'Brien was one of the named defendants. Said Complaint alleged said discriminatory acts occurred on March 17, 1976 and March 18,1976 at the Carni- val Lounge in the City of Dubuque, Iowa. Plaintiffs prayed for compensatory dam- ages in the amount of $20,000.00 plus $10,000.00 punitive damages, jointly and severally, plus court costs and attorney fees. This matter was referred to the City Attorney's office who has filed appropri- ate defenses thereto. Said matter has been disposed of at no expense to the City by the filing by the defeqdants of Motion for Order Allowing Voluntary Dismissal of Action against Robert J. O'Brien and Stipulation of Dismissal in. said Court on January 17,1978. Copies of said pleadings are attached hereto and said matter is concluded as relates to de- fendant, Robert J. O'Brien. R. N. Russo Ci!y Attorney Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: ~, ~", 61 follow- ger. Nays-none. Communication of City Manager sub- mitting summary of the meeting of January 25th conducted by the Budget Review Committee relative to the pos- sible uses of General Revenue Sharing Funds (Proof of Publication attached), presented and read. Council Member Wertzberger moved that the communi- cation be referred to the Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- Member Farrel the ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Communication of Assistant City Manager submitting a request from the North Dubuque Improvement Ass'n. requesting a change in the name of their representative to the Community Development Commission, presented and read. Council Member Wertz- berger moved that the communication be referred to the Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- Regular Session, February 6,1978 Carried by ber Wertzberger moved that the min- utes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Communication of Housing Rehabili- tation Commission submitting minutes of their meeting of January 24, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- January 31,1978 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa, 1977, the Civil Service Commission conducted written examinations on November 29, 1977 and physical agility tests on January 12, 1978 for applicants to the Fire Department. The following named applicants are hereby certified and are to be consider- ed for appointment in the following order. ger. Nays-none. ger. Nays-none. Communication of Municipal Airport Manager recommending Dale Grashorn to fill a vacancy on the Airport Zoning Commission, presented and read. Coun- cil Member Wertzberger moved that the communication be referred to the Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Communication of the Housing Com- mission supporting the development of an RRA for all municipalities in the region except the City of Dubuque, pre- sented and read. Council Member Wertzberger moved that the communi- cation be referred to the Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- Regular Session, February 6, 1978 Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays - none. Communication of DMA TS submit- ting minutes of their meeting of De- cember 15, 1977, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays - none. Communication of Playground and Recreation Commission submitting minutes of their meeting of January 9, 1978, presented and read. Council Mem- ber Wertzberger moved that the min- utes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Communication of Housing Commis- sion submitting minutes of their meet- ing of January 17, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- 60 and debris from the W. tention Basin. BE IT THEREFORE RESOLVED that on the 20th day of February, 1978, a public hearing will be at 7:30 p.m. in the Council Chamber of the City of Du- buque at which time the objectors for the proposed improvement may appear and make objections to the proposed plans and specifications, form of con- tract and cost of said improvement, and the City Clerk be and he is hereby di- rected to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubuque, Iowa which shall be not less than four days nor more than twen- ty days prior to the day fixed for its con- sideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improve- ment, and the City Clerk is hereby di" rected to advertise for proposals to the contractors for the construction of the above mentioned improvement. Passed, adopted, and approved this 7th day of February, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 32nd Street De- Imhof, James Kaune, Michael M. Huberty, Craig M. Miller, Richard Brown, Everett Daniel Cook, Mark T. Peterson, Rand G. Fischer, Louis A. III Buechele, Anthony C. Munter, Ronald D. The above list is comprised of the first ten applicants who have passed the writ- ten and physical agility examinations. A second list is also available, if need- ed, to fill requirements for the next year, in the event the above list is exhausted ger. Nays - none. Communication of City Manager ad- vising of a tentative agreement with DEQ on procedures for adding fluoride in response to a condition to be met in the Water Treatment Plant Expansion, presented and read. Council Member Wertzberger moved that the com- munication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: ger. Nays-none. Communication of Planning & Zoning Commission submitting minutes of their meeting of January 18, 1978, pre- sented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Communication of Human Rights Commission submitting, minutes of their meetings of December 21, 1977 and January 18, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Communication of Five Flags Center Commission submitting minutes of their meetings of January 10 and Jan- uary 24, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem* bers Brady, Farrell, King, Wertzber- Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzber- ger. Nays-none. Communication of Finance Director submitting annual Financial Report for year ending June 30, 1977, presented and read. Council Member Wertzber- ger moved that the communication be received and filed. Seconded by Council ger. Nays - none. Communication of Airport Commis- sion submitting minutes of their meet- ings of January 12 and January 26, 1978, presented and read. Council Mem- ger. Nays-none. Communication of Dock Commission submitting minutes of their meeting of January 29, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: - - -.------.. 63 '--""""""'-~"-""" ~ .. ---.-------- Regular Session, February 6,1978 Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Mrs. Gary Schmitt, on behalf of Nancy Schmitt, a minor, for personal injuries received in a fall as the resu1t of defective floor tile at the San Jose swimming pool on January 8,1978, presented and read. Council Member Wertzherger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Norma J. Mills, in the amount of $96.79, for car damages in- curred as the result of driving into a chuckhole in J.F.K. Road on January 14, 1978, presented and read. Council Mem- ber Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Joseph J. Welbes, in the amount of $37.58 for car damages incurred as the result of driving into a projected curb at 17th Elm Streets on January 16, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Richard J. Kieffer, in an undetermined amount, for car dam- ages incurred as the result of driving in- to a chuckhole at 789 University Ave. on December 23, 1977, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Michael & Connie Tschudi, in the amount of $770., for per. sonal property damage incurred as the result of city crew flushing main sewer on Althauser Street on January 11, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of Mary Nelson, in the amount of $40.85, for car damages incur- red as the result of driving into a chuck- hole on J.F.K. Road on January 8,1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim Of Fred Schilt, in the amount of $13.17, for car damages incur- red as the result of driving into a chuck- hole in J.F.K. Road on January 8, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of James E. Mitchell Sr., in the amount of $41.77 for car dam- ages incurred as the result of driving in- to a chuckhole in J.F.K. Road on January 7, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Timothy P. Las. sance, in the amount of $63.91, for car damages incurred as the result of driv- ing into a chuckhole in J.F.K. Road on January 8, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem. bers Brady, FarrelI,King, Wertzberger. Nays-none. Notice of Claim of Angela M. Pitz, in an undetermined amount, for personal injuries received in a fall on an icy side- walk at 11th & Main Streets on January 3, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Regular Session, February 6,1978 Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Communication of City Manager sub- mitting reports of the City Treasurer, Finance Director, Water Superinten- dent, Health Department, also list of Z. D. Hantelmann claims for month of December ,1977, pre- Notary Public sented and read. Council Member Wertz- Council Member Wertzberger moved berger moved that the communication that the communication be received and be received and filed. Seconded by Coun- filed and made matter of record. Second- cil Member Farrell. Carried by the fol- ed by Council Member Farrell. Carried lowing vote: by the following vote: Yeas-Mayor Tully, Council Mem- Yeas-Mayor Tully, Council Mem- bersBrady,Farrell,King, Wertzberger. bers Brady, Farrell, King, W ertzberger. Nays - none. Nays-none. Proof of 'Publication, certified to by Communication of City Manager re- the Publisher, of Expenditures and Re- turning street light petition of Lorraine ceipts, also list of claims paid for month Oster et al r.equesting a street light on of December, 1977, presel).ted and read. Kelly Lane which seems to be premature Council Member Wertzberger moved as the location area requested is' at the that the proof of publication be received corner of an unconstructed proposed and filed. Seconded by Council Member street, presented and read. Council Farrell. Carried by the following vote: Member Wertzbergermoved that the Yeas-Mayor Tully, Council Mem- communication be received and filed. bersBrady, Farrell, King, Wertzberger. Seconded by Council Member Farrell. Nays-none. Carried by the following vote: Notice of Hearing from District Court Yeas-Mayor Tully, Council Mem- to determine exact nature of the judg- bersBrady,Farrell,King,Wertzberger. ment entered relative to plat of Iowa Nays-none. Northwestern Development Company, Communication of Peoples Natural presented and read. Council Member Gas advising of an adjustment in rate in- Wertzberger moved that the Notice be crease of .821 ~ on bills issued on and referred to the City Solicitor for investi- after February 1, 1978 in lieu of 1.126' gation and report. Seconded by Council mentioned in November 23, 1977 notice, Member Farrell. Carried by the follow. presented and read. Council Member ing vote: Wertzberger moved that the communi- Yeas -Mayor Tully, Council Mem- cation be received and filed. Seconded bers Brady, Farrell,King, Wertzberger. by Council Member Farrell. Carried by Nays-none. the following vote: Notice of Claim of Beverly J. Spahn, in Yeas-Mayor Tully, Council Mem. the amount of $94.88 for car damages in- bersBrady,Farrell;King, Wertzberger. curred as the result of driving into a Nays-none. chuckhole on J.F.K. Road on January 8, Communication of Five Flags Center 1978, presented and read. Council Mem- Building Committee expressing thanks ber Wertzberger moved that the Notice for the outstanding service award and of Claim be referred to the City Solicitor appointing Mayor Tully in place of for- for investigation and report. Seconded mer mayor, as Council representative, by Council Member Farrell. Carried by presented and read. Council Member the following vote: Wertzberger moved that the communi- Yeas-Mayor Tully, Council Mem- cation be referred to Council. Seconded, bers Brady, Farrell, King, Wertzberger. by Council Member Farrell. Carried by ! Nays-none. the following vote: ' Notice of Claim of Thomas J. Tujetsch, Yeas - Mayor Tully. Council Mem- in the amount of $161.50, for car damages bers Brady, Farrell, King, Wertzberger. incurred as the result of driving into a Nays-none. chuckhole on J.F.K. Road on January 8, Communication of Planning & Zoning 1978, presented and read. Council Mem- Commission advising that the rezoning ber Wertzberger moved that the Notice petition submitted by George L. Guthrie of Claim be referred to the City Solicitor at 2017 University Ave., has been with- for investigation and report. Seconded drawn, presented and read. - Council i by Council Member Farrell. Carried by me (Seal 62 John E. Hess Chairman Frieda Luther Richard Zimmer Civil Service Commissioners ATTEST: Leo F. Frommelt Clerk Subscribed and sworn to before this 7th day of February 1978. ~ ~' 65 Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. . Petition of Northwestern Bell re- questing permission to excavate in a por- tion of a ten year street on University at the alley east of Alta Vista Street, pre- sented and read. Council Member Wertzberger moved that the request be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 46.78 Resolution Approving the Plat of Lot 1 and Lot 2 of Lot 1 01 Lot 1 01 Lot 1 01 Lot 1 of Lol1 of Lot 1 of Lot 2 of Bebcock's Addition In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Suhdivision ofLnt I of Lot I of Lot I of Lot I of Lot I of Lot 1 of Lot 2 of "Babcock's Addition" to be known as Lot 1 and Lot 2 of Lot 1 of Lot I of Lot 10fLot I of Lot I of Lot I of Lot 2 of "Babcock's Addition" in the City of Dubuque, Iowaj and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been exam- ined by the City Council and they find that same conforms to statutes and ordi- nances relating thereto: NOW THEREFORE BE ITRESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of the subdivi- sion of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Lot I of Lot I of Lot I of Lot I ofLot2of "Babcock's Addition" be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa, upon said plat. Passed, adopted, and approved this 7th day of February, 1978, Thomas A, Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Regular Session, February 6,1978 berger moved that the Notice of Claim be referred to the City Solicitor for in- vestigation and report. Seconded by Council Member Farrell. Carried by the following vote: . Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Suit of Dale Wernecke for petition to quiet title to Nly lh of vacated Bellevue Street as abutting Lots 90, 91. 92, 93, 94, 95, 96, 97 and 98 and Sly 'h of Bellevue Street as abutting Lots 88 and 84 in Wood's Addn., presented and read. Council Member Wertzberger moved that the Notice of Suit be referred to the City Solicitor for investigation and re- port. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Petition of Earl McClain requesting permission to install street lights in Mc- Clain's Sub., presented and read. Coun- cil Member Wertzberger moved that the petition be referred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Petition of Peter Takas Jr. requesting vacation and right to purchase a platted 20' alley in Industrial Sub. #2, presented and read. Council Member .Wertzberger moved that the petition be referred to City Manager and Engineer for proper proceedings. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Petition of Peoples Natural Gas re- questing permission to excavate in Cherokee Drive, presented and read. Council Member Wertzberger moved that the petition be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Petition of Robert T. Specht request- ing a street light on the lower end of Glen Oak Street, presented and read. Council Member Wertzberger moved that the petition be referred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- .fng vote: Regular Session,February 6,1978 of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of James L. Pihart, in the amount of $950., for foundation damages incurred at 2115 Simpson Street as the result of a leaking hydrant detected on December 21,1977, present- ed and read. Council Member Wertzber- ger moved that the Notice of Claim bere- ferred to the City Solicitor for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Bertha Vesperman, in the amount of $222.44 for car damages incurred as the result of driving into a chuckhole in J.F.K. Road on January 8, 1978, presented and read. Council Mem- ber Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Notice of Claim of Glen J. Goffinet, in the estimated amount of $842.76, for car damages incurred as the result of a broken water main on Lowell Street on January 17, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Notice of Claim of Amanda Rowell, in the amount of $245.57 plus, for personal injuries received in a fall on an icy area near Sears Store on January 19, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Notice of Claim of Christopher J. Green, in the amount of $86.00, for car damages incurred as the result of driv- ing into a large stone in the street at 708 Dodge Street on January 8, 1978. pre- sented and read. Council Member Wertz- _._- 64 the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Bernice Ostrander, in the amount of$15,OOO., for personal in- juries received in a fall on an icy side- walk at 980 Main Street on November 80, 1977, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Notice of Northwestern National In- surance Group in the amount of $747., for a broken plate glass window at the Nesler Center as the result of a City Em- ployee mowing grass with a rotary mower when a rock was thrown thru the window on July 16, 1977, presented and read. Council Member Wertzberger moved that the Notice be referred tothe City Solicitor for investigation and re- port. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Suit of David M. Kohl, a minor, by James P. Kohl, in the amount of $14,800., as the result of personal in- juries received by said minor while swimming in the municipal pool while crawling up a gate on July 25, 1977, presented and read. Council Member Wertzberger moved that the Notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Walser Movers Inc., in the amount of $1759.26, for services per- formed for Crewmasters Inc. in the con- struction of Water Plant under contract to J.P. Cullen Co., presented and read. Council Member Wertzberger moved that the Notice be referred to the City Solicitor for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Duane Brown, in the amount of $81.85, for car damages in- curred as the result of driving into a chuckhole in J.F.K. Road on January 8, 1978, presented and read. Council Mem- ber Wertzberger moved that the Notice -'-'-"-,.,.";'"",,"', ~ 67 Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Adopted 1978 1978 Leo F. Frommelt City Clerk Members Counc Regular Session, February 6,1978 Approved Passed, adopted, and approved this 7th day of Fehruary, 1978, Thomas A. Tully Jr, Mayor Richard Wertzberger D. Michael King James,E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO, 51-78 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occu- pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED hy the City Council of Duhnque, Iowa, that the Manager be authorized to eause to be issued to the following nam- ed applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Neldia Jane Fitzgibbons (Sunday Sales Only), 1700 Central A venue. Evelyn A. Hinkel (Also Sunday Sales), 2417 Rhomberg A venue Beverly Ann Larsen (Also Sunday Sales), 1701 Central Avenue. Passed, adopted, and approved this 7th day of Fehruary, 1978. Thomas A. Tully Jr. Mayor Riehard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Council Member Brady moved adop- tion of the Resolution. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. There being no further business, Council Member Wertzberger moved to adjourn. Seconded by Council Member Farrell. Carried by the following vote: Regular Session, February 6,1978 Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 49-78 WHEREAS, applieations for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RESOLV- ED hy the City Council of the City of Du- buque, Iowa, that the Manager be au- thorized to cause to be issued to the fol- lowing named applicants a Beer Permit. CLASS "B" BEER PERMITS Pizza Hut of Dubuque (Also Sunday Sales), 2075 John F. Kennedy Road, RESOLUTION NO. 47.78 RE IT RESOLVED hy the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the pro- visions of law relating to the sale of Cig- arettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Richard L. and Patricia A. Klossner, 1875 John F. Kennedy Road. Kevin Schlosser, 2195 Central Ave- nue. Passed, adopted, and approved this 7th day of February, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Couneil Members 66 ATTEST: City Clerk ATTEST: Leo F. Frommelt City Clerk CLASS "C" BEER Permits Patricia Anne Klossner (Also Sunday Sales), 1875 John F. Kennedy Road, Passed, adopted, and approved this 7th day of Fehruary, 1978, Thomas A, Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seeonded by Mayor Tully. Carried by the following vote: Yeas- bers Brad Nays- RESOLUTION NO, 50.78 WHEREAS, applications for Liquor Lieenses have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RESOLV- ED hy the City Council of the City ofDu- buque. Iowa, that the following appli- cations be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Neldia Jane Fitzgibbons (Sunday Sales Only), 1700 Central A venue. Evelyn A, Hinkel (Also Sunday Sales), 2417 Rhomberg Avenue Beverly Ann Larsen (Also Sunday Sales), 1701 Central Avenue. Mayor Tully, Council Mem- y, Farrell, King, W ertzberger. none. ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Mayor Tully. Carried hy the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 48.78 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RESOLV- ED hy the City Council of the City of Du- buque, Iowa, that the following applica- tions be granted and permits issued upon the complianee with the terms of the Ordinances of the City. CLASS "B" BEER PERMITS Pizza Hut of Dubuque (Also Sunday Sales), 2076 John F, Kennedy Rd, CLASS "C" BEER PERMIT Patricia Anne Klossner (Also Sunday Sales), 1875 John F, Kennedy Rd, Passed, adopted, and approved this 7th day of Fehruary, 1978. Thomas A, Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Couneil Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Mayor Tully. Carried by the following vote: hearing on General Revenue Sharing Funds simultaneously with Budget Hearing, presented and read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. RESOLUTION NO. 52.78 Setting the Date of Public Hearing on the Flscsl Year 1979 Budget for the City of Dubuque, Iowa, WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for pub- lic hearing on the budget before the final certification date and shall publish no- tice before the hearing as provided in Section 362.3 of the Code of Iowa. NOW THEREFORE BE IT RESOLV. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 1978.79 budget at City Council Cham. bers, City Hall, 13th and Central, Dubu- que, Iowa, on Monday, March 13, 1978 beginning at 7:30 p.m. Section 2. That the City Clerk be and he is hereby authorized and directed to publish according to law Notice of Public Hearing together with the required bud- get information documents. Passed, adopted, and approved this 20th day of February, 1978, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 69 Special Session, February 20,1978 ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady t Farrell, King, Wertzberger. Nays-none. ASSUMPTION OF COST AND MATCHING RESOLUTION NO, 53-78 WHEREAS, the Law Enforcement Assistance Administration has made federal financial assistance available through the Iowa Crime Commission for criminal justice programs-; and WHEREAS, the applicant unit of gov- ernment or agency is desirous of making application for said financial assistance for the heretofore mentioned project; and "Co". COUNCIL OFFICIAL Special Session, February 20, 1978. Council met at 7:30 P,M. (C.S.T,I. Present- Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of SETTING A DATE OF PUBLIC HEARING ON THE FISCAL YEAR 1979 BUDGET and acting upon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. Andrew Opedahl, Pastor of St. John's Lutheran Church. Proclamations proclaiming Week of March 12th to 18th, 1978 as "Girl Scout Week" and Week of February 20,1978 as "Sertoma's Freedom Week" were read, approved and signed by Mayor Tully. Council Member W ertzberger moved to suspend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Communication of Chamber of Com~ merce requesting permission to close Volunteer Drive off Hawthorne Street and south of Lincoln Street intersection for citizens to view the American Wind Symphony Floating Arts: also parade, antique car show etc., on June 16th & 17th, 1978, presented and read. Harvey Schmitt of Chamber of Com- merce spoke to the communication. Council Member Wertzberger moved that the request be approved subject to coordination of the City Manager. Se- conded by Council Member King. Car~ ried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Communication of City Manager sub- mitting the necessary documentation re- quired to be published in connection with the public hearing on the FY '79 Budget scheduled for March 13, 1978, presented and read. Council Member Wertzberger moved that the communi- cation be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of City Manager ad- vising of the publication of a notice of .~~.." CITY Special Session, February 13,1978 Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. 68 CITY COUNCIL Leo F. Frommelt City Clerk OFFICIAL Special Session, February 13, 1978. Council met at 4:30 P.M. (C,S,T.l 1978 1978 Members Counci Approved Adopted Present - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated that notice thereof had been duly made and this meeting is called for the purpose of ACTING UPON SUCH BUSINESS AS MAY PROPERLY COME BEFORE THE MEETING. ATTEST: City Clerk Communication of City Manager sub- mitting the budget recommendation for the Fiscal Year July I, 1978 to June 30, 1979 and including an estimate for se- cond year July I, 1979 to June 30, 1980, presented and read. Council Member Wertzberger moved that the communi- cation be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Council Member Wertzberger moved that a list of vacancies presently existing on Boards and Commissions be made available to' expedite appointments where necessary at this time. Seconded by Council Member King. Carried by the following vote: Council Member Wertzberger moved to direct a review of the status of all Boards and Commissions of the City sug- gesting the appointment of a Committee to be chaired by Council Member Far- rell, to be composed of the City Clerk and three other persons, to define duties and purposes and to review the overall sys- tem. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. 71 certain real estate owned by the City of Dubuque in the event the Iowa Depart- ment of Transportation acquires real es- tate presently owned by Klauer Manu- facturing Company; and WHEREAS, the parties have agreed to the terms and conditions of said option agreement; and WHEREAS, a true copy of said writ- ten option agreement marked Exhibit "A" is hereto attached and by reference made a part hereof; and WHEREAS, City Council of the City of Dubuque finds that said option agree- ment should be approved: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed option agreement by and between the City of Dubuque and Klauer Manufacturing Company be and the same is hereby ap- proved. Section 2. That the City Clerk he and he is hereby directed to publish notice of intent to dispose of interest in real es- tate as is by law required. Passed, adopted, and approved this 20th day of February,I978, Thoma. A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to Title I of the Housing and Community Development Act of 1974, the City of Dubuque submitted an Annu- al Performance Report to the U.S. De- partment of Housing and Urban Devel~ ATTEST: opment for the Second Year Program. Leo F. Frommelt The report was accepted for processing City Clerk by the Federal government on February Council Member Wertzberger moved 10, 1978. adoption of the Resolution and set A copy of the Anl1ual Performance Re- March 13, 1978 as date of Public Hear- port is on file in the office of the City ing. Seconded by Council Member King. Clerk, City Hall. Dubuque, Iowa and in Carried by the following vote: the office of the Department ofCommu- Yeas-Mayor Tully, Council Mem- nity Development, 480 Fischer Building, bers Brady. Farrell, King, W ertzberger. Dubuque, Iowa. The report is available Nays-none. for inspection by all interested parties. Petition of Frank E. Kelly requesting Monday through Friday between the vacation of a portion of Levi Street from hours of 8:00 A.M. to 5:00 P.M.. Satur- the Southwest right-of-way of Samuel days, Sundays and holidays excluded. Street to the W.P.L. of Lot 53 in South Leo F. Frommelt Avenue Addition, presented and read. City Clerk Council Member Wertzberger moved Council Member Wertzberger moved that the request be approved. Seconded adoption of the Resolution. Seconded by by Council Member Farrell. Carried by Council Member Brady. Carried by the the following vote: following vote: Yeas-Mayor Tully, Council Mem- Yeas-Mayor Tully, Council Mem- bersBrady,Farrell,King, Wertzberger. bers Brady; Farrell, King. Wertzberger. Nays _ none. Nays-none. Communication of City Manager rec- RESOLUTION NO. 56.78 ommending vacation and, sale of a por- WHEREAS. the City of Dubuque has tion of Levi Street from Samuel to been negotiating with Klauer Manufac- W.P .L. of Lot 63 in South Avenue Addi- turing Company concerning an Option tion. presented and read. Council Mem- Agreement giving said Klauer Manufac- ber Wertzberger moved that the 'com- turing Company an option to purchase munication be received and filed. Special Session, February 20,1978 Development Program that the Annual Performance Report has been submitted and is available to interested parties upon request; and WHEREAS, Section 570,906 (c) re- quires that there be public notice of the availability of the Annual Performance Report for inspection by the public; now therefore: BE IT RESOLVED BY THE.CITY COUNCIL OF THE CITY OF DUBU. QUE,IOWA: Section 1. Be it resolved that the City Clerk be and he is hereby authorized and directed to publish in the Dubuque Tele~ graph Herald, a newspaper of general circulation within the City,-public notice in the form of Exhibit A attached hereto and made a part hereof. Passed, adopted, and approved this 20th day of February, 1978. Thoma. A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Special Session, February 20,1978 RESOLUTION NO. 54.78 A Resolution Granting Easement to In. terstate Power Company WHEREAS, Interstate Power Com- pany, a Delaware Corporation, has plans for the installation of a transmission line from the southerly edge of Area "C" to its power plant on Kerper B6ulevard for serving the electrical needs of the City of Dubuque; and WHEREAS, the proposed route of the new transmission line will be on or crossing city property in the proximity of 12th Street and Kerper Boulevard and along the easterly edge of city property used for the public works facilities. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the Mayor and the City Clerk be authorized to sign the easement form granting Interstate Pow- er Company a perpetual easement for the installation of a transmission line from the southerly edge of Area "C" to a point 570' west of Kerper Boulevard on 12th Street and granting Interstate Power Company a temporary easement for the installation of a transmission line on the easterly edge of the property now used by the city for public works facili- ties. Passed, adopted, and approved this 20th day of Fehruary, 1978, Thoma. A. Tully Jr, Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bersBrady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 55-78 Authorizing Publication of Notice of Avellablllty for Public Inspection Cer. taln Community Development Block Grant Documents WHEREAS, under date of February 10, 1978, the Annual Performance Re- port was accepted by the U.S. Depart- ment of Housing and Urban Develop- ment for processing; and WHEREAS, Section 570.308 (hi (2) (III) of the Community Development Block Grant Program requires that provision shall be made to inform citizens involved in or affected by the local Community '~"~"'~:o-'<=' 70 WHEREAS, the applicant unit of gov- ernment or agency is aware of the eost assumption policy for continued federal assistance established by the Iowa Crime Commission and the Northeast Iowa Area Crime Commission (if appli- cable); and WHEREAS, the following ratios of federal assistance have previously been provided for this project by the Iowa Crime Commission: Grant 1# Months Fed. % Non-Fed. 702-76.06.3101- -21.02 11.5 76.12 23.88 aod WHEREAS, the following funding ratios identify theprojected number of years support (12 month funding peri- ods) desired by the applicant in accord with Iowa Crime Commission policy: Project Period Fed. % Non-Fed. Mar. 1, 1978--Feb. 28, 1979 32.08 67.92 THEREFORE BE IT RESOLVED THAT the City of Dubuque will provide during the approved project period ap- propriated cash funds in the amount 01 $27,275.00 to match Iowa Crime Com- mission support for the project entitled Patrol Investigators; and THEREFORE BE IT FURTHER RE- SOLVED THAT the Duhuque Police Dept. will provide for the total assump- tion of costs for said project in the De- partment's budget at the termination of 2 years of federal support in accord with Iowa Crime Commission policy pro- viding that said project proves to be a benefit to the applicant unit of govern- ment and warrants continuation. Passed, adopted, and approved this 20th day of February,1978, Thoma. A, Tully J r, Mayor Leo F. Frommelt City Clerk Couneil Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider transmission line easements to the Interstate on Area "C" and from 9th Street substation, presented and read. No written objections were filed and no oral objectors were present in the Coun- cil Chamber at the time set for the hear- ing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. "": 73 specifications or contract for or cost of the improvement herein described and proposed to be made; "and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein describ- ed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract here- tofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution eontaining the decision of this Couneil upon all objections which have been filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted, and approved this 20th day of February, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Council Members Member Farrel (Ordering Construction) RESOLUTION NO, 59-78 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU. QUE that pursuant to a Resolution of Necessity No. 43-78 which was duly passed by this Council for the removal and disposal of silt and debris from the W. 82nd and Street Detention Basin, be and. the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED tbat the cost and expense of the said improve- ment be paid from the partially from the Sanitation Fund (05-0882-2483-00) and partially from the Revenue Sharing Fund (41-Q882-2483.00), 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 Tully, Counci bers Brady, King, Wertzberger. Nays-none. Abstain-Counci: Mem- Special Session, February 20,1978 eration of this proposed resolution have on file with the City Clerk, obje.ctions to the amount of the cost of the improve- ment, they shall be deemed to have waiv- ed all objections thereto. Said improvement shall be construct- ed and done in accordance with the plans and specifications which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid partially from the Sani~ tation Fund (05-0882-2433-001 and par- tially from the Revenue Sharing Fund (41-0882-2433-00). The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of February, 1978. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 20th day of February, 1978. ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved final adoption of the Resolution. Seconded by Council Member Brady. Carried by the foUowing vote: Yeas-Mayor Tully, Council Mem- bers Brady, King, Wertzberger. Nays-none. Abstain-Council Member Farrell. Decision of Council upon objec. tlons to plans, specifications, form of contract and cost of Improvements. RESOLUTION NO. 58.78 WHEREAS, proposed plans and spe- cifications and form of contract for the removal and disposal of silt and debris from the W. 82nd Street Detention Basin have been approved by the City Council of the City of Dubuque and pub- lie notice given as provided by Section 384 of the Code of Iowa, 1977, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improve- ments, said time being this 20th day of February, 1978; and WHEREAS, the City Council met in special session this 20th day of February, 1978, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Council Members Special Session, February 20,1978 53 in South A venue Addition in the City of Dubuque, Iowa, presented and read. Council Member Wertzberger moved tbat the reading just had be considered the first reading of the Ordinance. Sec- onded by Council Member Farrell. Car- ried by the following vote: Yeas-:-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Council Member Wertzberger moved that a public hearing be held on the Ordi- nance on March 13, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Proof of Publication, certified to by the Publisher, of Public Hearing on No- tice of Pendency for removal and dispos- al of Silt from W. 32nd Street Detention Basin, presented and read. Council Member Farrell moved that the proof of publieatio.n be received and filed. Sec- onded by Council Member Brady. Car- ried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, King, Wertzberger. Nays-none. Abstain-Council Member Farrell. NECESSITY FOR IMPROVEMENT RESOLUTION NO. 43.78 WHEREAS, proposed plans, specifi. cations, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the im- provement for the removal and disposal of silt and debris from the W. 32nd Street Deten- tion Basin. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for. the publie welfare to. make the herein men- tioned improvement, and unless proper~ ty owners at the time of the final consid- 72 Seconded by Council Member Farrel" Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays - none. RESOLUTION NO, 57-78 Resolution Vacstlng a Portion of Levi Street In the City of Dubuque, Iowa WHEREAS, a plat dated December 9, 1977, prepared by Shive-Hattery & As~ soeIates covering a portion of vacated Levi Street in the City of Dubuque, Iowa, now platted, described and herein- after to be known as: Lot lA of SOUTH A VENUE ADDITION in the City ofDu. buque, Iowa, having presented to the City Council of the City of Dubuque, Iowa, a copy of said plat is hereto at- tached;and WHEREAS, said plat conforms to the Iowa laws and statutes pertainingthere- to; NOW THEREFORE BE IT RESOLV- ED by the City Council of the City ofDu- buque, Iowa: Section 1. That the plat dated Decem. ber9, 1977 prepared by Shive.Hattery & Associates covering a pOr1;ion of vacated Levi Street in the City of Dubuque, Iowa, now platted, described and herein- after to be known as LOT IA OF SOUTH A VENUE ADDITION, in the City ofDu. buque, Iowa, be and the same is hereby approved and that the Mayor and City Clerk of the City of Dubuque, Iowa be and they are hereby authorized and di- rected to execute said plat for and on be- half of the City of Dubuque, Iowa. Section 2. That tbe City Clerk be and he is hereby authorized and directed to file said plat and this Resolutionin the of- fiee of the Recorder in and for Dubuque County, Iowa. Passed, adopted, and approved this 20th day of February, 1978. Thomas A. Tully Jr,. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. AN ORDINANCE vacating a 60' wide portion of Levi Street running from the Southwest right-of-way line of Samuel Street to the West Property Line of Lot --.- ,~~""".,..., .-"iJ_~.d<}., ,,- ~:_ 75 Yeas-Mayor Tully,.Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. A RESOLUTION approving annexa- tion of Lot 3 of Byrne's Sub. and Lot 2 of SWlj4 of NW1f4 and Lot 2 of NWl/4 of SW1f4 all in Sec. 28 T89N except south- erly 60' thereof, approx. 94.44 aeres, pre- sented and read. Couneil Member Brady moved that the resolution be tabled to the Council Meeting of March 13, 1978 and City Solicitor directed to seek opin- ion regarding ligitation on voluntary an- nexation. Seconded by Couneil Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem~ bers Brady, Farrell, King, W ertzberger. Nays - none. ORDINANCE NO, 8.78 AN ORIlINANCE OFTHE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A SECTION TO BE NUMBERED 25.190, PROVIDING THAT VEHICLES BE PROHIBITED FROM ENTERING KEYWAY DRIVE FROM PENNSYLVANIA AVENUE AND VEHICLES BE PROHIBITED FROM ENTERING KEYWAY DRIVEAT THE WEST PROPERTY LINE OF WOODLAND STREET, presented and read. Council Member Brady moved that the reading just had be eonsidered the first reading of the Or- dinance. Seeonded by Mayor Tully. Car- ried by the following vote: Yeas-Mayor Tully, Couneil Mem~ bers Brady, Farrell, King. Nays-none. Abstain-Council Member Wertz- berger. Council Member Brady moved that the rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken, is dispensed with. Seconded by Mayor Tul- ly. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays-none. Abstain-Council Member Wertz- berger. ORDINANCE NO. 8.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A SECTION TO BE NUM. BERED 25.190, PROVIDING THAT VEHICLES BE PROHIBITED FROM ENTERING KEYWAY DRIVE FROM PENNSYLVANIA AVENUE AND VEHI. CLES BE PROHIBITED FROM ENTER. ING KEYWAY DRIVE AT THE WEST Special Session, February 20,1978 Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. RESOLUTION NO. 81.78 Re.olutlon Endor.ln9 the Dubuqu. Amb....dor. .. Spon.or. for th. 1978 Iowa Community B.llerman Pro. gram WHEREAS, it is recognized that par- ticipation in the Iowa Community Bet- terment Program stimulates civic awareness and generates community spirit; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to continue its participation in this pro- gram; NOW THEREFORE BEITRESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: S.ctlon 1. That the Dubuque Ambas- sadors is endorsed as the sponsoring or- ganization for the City of Dubuque in the Iowa Community Betterment Program, and they are authorized to enter the 1978 Community A wards Competition on behalf of the community. S.ctlon 2. Thst the Mayor of the City of Dubuque be and he is hereby author- ized and directed to serve as the official liaison of the Dubuque City Council with the Dubuque Ambassadors. Passed, adopted, and approved this 20th day of Fehrusry, 1978, Thomss A, Tully Jr, Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Application of Schiltz Development Corp. & Sisters of Presentation request-- ing voluntary annexation of Lot 3 of Byrne's Sub. and Lot2 of SW Ij4. ofNWl/4. andLot20fNWl/4. OfSWIA all in Section 28 Twp, 89 N. R2E except southerly 50' thereof, approx. 94.44 acres, presented and read. Attorney Leo MeCarthy spoke to the request. Council Member Brady moved that the application be tabled to the Council Meeting of March 13,1978, Seconded by Council Member Farrell. Carried by the following vote: SpeCial Session, February 20,1978 (Awardln9 Contract) RESOLUTION NO, 80.78 WHEREAS, sealed proposals have been submitted by contractors for the Removal and disposal of silt and debris from the West 32nd Street Detention Basin pursuant to Resolution No. 69-78 and notice to bidders published in a newspaper in said City on February 10, 1978 and: WHEREAS, said sealed proposals were opened and read on February 16, 1978, and it has been determined that the bid of Tri-State Paving Company, Di- vision of Dubuque Stone Products ofDu- buque, Iowa in the amount of $26,463.26 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the con- tract for the above mentioned improve- ment be awarded to Tri-State Paving Company, Division of Dubuque Stone Products and the Manager be and he is hereby directed to execute a contract on hehalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED tbat upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, adopted, and approved this 20th day of February,1978. Thomas A, Tully J r, Mayor Richard Wertzberger D, Michael King James E. Brady 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 Tully, Council Mem- bers Brady, King, Wertzberger. Nays-none. Abstain-Council Member Farrell Communication of Assistant City Manager submitting a resolution au- thorizing the Dubuque Ambassadors to act as the sponsoring organization for the City in the 1978 Iowa Community Betterment Program, presented and read. Council Member Wertzberger moved that the communication be. re- ceived and filed. Seconded by Council Member King. Carried by the following vote: 74 BE IT FURTHER RESOLVED tbat this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 20th day of February, 1978, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady 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 Tully, Council Mem- bers Brady, King, Wertzberger. Nays-none. Abstain-Council Member Farrell. Proof of Publication, certified to by the Publisher, of Notice to Contracts for removal of silt from W. 32nd Street De- tention Basin, presented and read. Coun- cil Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, King, W ertzberger. Nays-none. Abstain-Council Member Farrell. February 15, 1978 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m., C,S, T., Wednesday, February 15, 1978 for removal and disposal of silt and de- bris from the West 32nd Street Deten- tion Basin. The lowest bids were entered by Tri- State Paving Company, Division of Dubuque Stone Products. The base bid was $42,090.06, which is 19.30,0 above the Engineer's Estimate. The bid for Al- ternate I was $26,453.25 which is 100,0 under the Engineer's Estimate. I recommend that the Alternate I con- tract be awarded to Tri-State Paving Company, Division of Dubuque Stone Products. Gilbert D. Chavenelle City Manager Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem~ bersBrady, King, Wertzberger. Nays-none. Abstain-Council Member Farrell. ............ ~- ~.,~~~~~~~ .---.- ---- ~, 77 the same are hereby accepted; Section 2. That the plat of "Heritage Heights" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby au- thorized and directed to endorse the ap- proval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attach- ed agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Heri~ tage Drive & Pamela Court with bituminous concrete, or with con- crete paving with integral curb, all in accordance with City of Du- buque standard specifications; b. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans submitted with the plati e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To install boulevard street light- ing in accordance with plans sub~ mitted with the plati g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To maintain the foregoing im~ provements for a period of four (4) years from the date of their aCM ceptance by the City of Dubuque, Iowa; 1. To provide the foregoing conM struction and maintenance at the sole expense of the subdivider Dick Loetscher, Inc., as owner; j. To construct said improvements, except sidewalks and street lightM ing prior to July 1, 1979, and to construct the sidewalks and street lighting prior to July 1, 1981, and further provided that said Dick Loetscher, Inc., as owner of said Subdivi- sion, secure the performance of the fore- going conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the evenf Dick Special Session, February 20,1978 February 10, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has reviewed a final plat of "Heritage Heights" submitted by Mr. Richard Loetscher. The 20 lot sub- division is located on an extension of Pamela Court, west of English Lane and east of South Grandview A venue in the City of Dubuque, Iowa. In reviewing the final plat the City Planning and Zoning Commission has round the plat to be in compliance with the Subdivision Regulations and Zoning Ordinance of the City of Dubuque, and is in conformance with the approved pre- liminary plat of the area. The Commission has voted to approve the final plat of "Heritage Heights" and recommends your favorable considera- tion. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays - none. RESOLUTION NO. 63-76 Resolution Approving the Plat of "Har. Itage Heights" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Heritage Heights" in the City of Dubuque, Iowa, and; WHEREAS, upon said plat appear streets to be known as "Heritage Drive & Pamela Court", together with certain public utility easements which the Own~ ers by said plat have dedicated to the public forever: and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and had its approval enM dorsed thereon; and WHEREAS, said plat has been examM ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that the streets have not been brought to grade, or paving, sewer or water in- stalled; NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the . dedications of Heritage Drive & Pamela Court, togeth- er with the easements for public utilities as the same appear upon said plat, be and mends your favorable consideration. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. RESOLUTION NO. 62-76 Resolution Approving the Plat of the Subdivision of Lot 1 of Lot 1 of the Northeast 'AI of the Southeast 'AI of Sactlon 6, Township 69 North, Rsnge 2 East of the 5th Princlpsl Merldisn, be. ing In Dubuque Township, Dubuque County, Iowa is platted as, Lot 1 and Lot 2 of Lot 1 of Lot 1 of the Northeast 1/4 of the South- east 1/4 of Section 8, Township 89 North, Range 2 East of the 5th Principal Meri~ dian, being in Dubuque Township, Du- buque County, Iowa; and WHEREAS, said plat has been exam- ined by the City of Dubuque, Iowa, PlanM ning and Zoning Commission and had its approval endorsed there~n; ~nd WHEREAS, said plat has been exam- ined by the City Council of the City of Dubuque, Iowa, and they find the same conforms to the Statutes and Ordinances relating thereto: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described plat be and the same is hereby approved and the Mayor and City Clerk are here- by authorized and directed to endorse the approval of the City of Dubuque. Iowa, upon said plat. Passed, adopted, and approved this 20th day of February, 1978. Thomas A, Tully Jr. Mayor Richard Wertzberger D. -Michael King James E. Brady Carolyn Farrell Council Members ATTEST; Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council MemM bers Brady, Farrell, King, Wertzberger. Nays-none. Special Session, Februar;)' 20,1978 NE OF February 10, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has reviewed the final plat submitted by Mrs. Agnes Breitbach for her property located on Derby Grange Road in Dubuque County, but within the jurisdictional review lim- its of the City of Dubuque, Iowa. The property, which is located on the north side of Derby Grange Road, lies approxi- mately two-thirds of a mile west of John F. Kennedy Road, and is described as Lot 1 and Lot 2 of Lot 1 of Lot I of the Northeast 1/4 of the Southeast 1/4 ofSecM tion 8. Township 89 North, Range 2 East of the 5th Principal Meridian, in Dubu~ que Township. The intent of the subdivision of the Breitbach property, described above, is to permit transfer of ownership of Lot 2. The Planning and Zoning Commission has approved the final plat and recom- ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day o/Feb- ruary 1978. 1t 2/2. Council Member Brady moved final adoption of the Ordinance. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. King. Nays-none. Abstain - Council Member Wertzber- ger. 76 PROPERTY L STREET NOW THEREFORE BE IT ORDAIN. ED BYTHE CITY COUNCIL OF THE CI. TY OF DUBUQUE,IOWA: Section 1. That the Code of OrdinancM es of the City of Dubuque, Iowa be amended by adding a Section to be num- bered Section 26-190 which shall read as follows: "Sec. 25.190. When the barrelstreet dividers and traffic signs are posted, vehicles shall not enter Keyway Drive from Pennsylvania A venue nor from the west property line of Woodland Street." Passed, adopted, and approved this 20th day of February, 1978. Thomas A. Tully Jr. Mayor D. MichaellCing James E. Brady Carolyn Farrell Council Members WOODLAND Leo F. Frommelt City Clerk 79 RESOLUTION NO. 67-78 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and WHEREAS, The premises to be occu- pied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bon4s; NOW THEREFORE BELT RESOLV- ED, By the City Council of the City of Dubuque. Iowa, that the Manager be au- thorized to caUse to be issued to the fol- lowing named applicants a Beer Permit. CLASS "C" BEER PERMIT Ted J. & Georgia A. Heinz, 1278 Cen- tral A venue. Thompson's Food Market Inc. Oky Doky #15 (Also Sunday Sales), 1545 S. Grandview A VB. Thomas E. Kessler (Also Sunday Sales), 1993 Asbury Road. Passed, adopted, and approved this 20th day of February, 1978. Thomas A, Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn FarreH Council Members ~~~. ATTEST: Leo F. Frommelt City Clerk Council Member FarreH moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the foHowing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. RESOLUTION NO, 66.78 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 occu~ pied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOL V- ED, By the City Council of the City of Dubuque, Iowa, that the Manager be au- thorized to cause to be issued to the fol- lowing named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gerald C. Kirchberg, 3203 Jackson Street. The Apartments, LTD (Also Sunday Sales), Kennedy Mall Unit 600. Dorothy M. Reel (Also Sunday Sales), 1103 Iowa Street. Special Session, February 20,1978 scribed improvement in amount equal to the amount of his contract, less any re- tained percentage provided fortherein. Passed, adopted, and approved this 20th day of February, 1978, Richard Wertzberger Mayor Pro- Tem D. fv.Iichael King James E. Brady Carolyn FarreH ATTEST: Council Members Leo F. Frommelt City Clerk Mayor Pro-Tern Wertzberger moved adoption of the Resolution. Seconded by Council Member FarreH. Carried by the following vote: Yeas - Mayor Pro- Tem Wertzberger. Council Members Brady, Farrell, King. Nays-none. Abstain-Mayor Tully. Communication of City Manager rec- ommending denial of petition of Loras College for the installation of a traffic signal at Alta Vista Street and Loras College, also submitting report from Po- lice Chief O'Brien, presented and read. Council Member Wertzberger moved that the recommendation of denial be ap- proved. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers King, Wertzberger. Nays-Council Members Brady, Far- rell. RESOLUTION NO. 66.78 BE IT RESOLVED, By the City Coun- cil of the City of Dubuque, I9wa, that the following having complied with the pro- visions of law relating to the sale of Cig~ arettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papells within said City. Dorotby M. Reel, Il08 Iowa Street. Donald J. Cogan, 1076 University Ave. Passed, adopted, and approved this 20th day of February, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ~- ~ Loetscher, Inc., shall fail to execute the rell. Carried by the following vote: acceptance and furnish the security pro- Yeas - Council Members Brady, vided for in Section 2 hereof within 45 r!311, King, Wertzberger. days after the date of this Resolution, Nays-none. the provisions hereof shall be null and Abstain-Mayor Tully. void and the acceptance of the dedica- FINAL ESTIMATE tion and approval of tbe plat sball not be RESOLUTION NO, 64.78 effective. WHEREAS, the contract for the Five Passed, adopted, and approved by Flags sewer and water relocation has recorded roll call this 20th day of been completed and the City Engineer February, A.D., 1978. has submitted his final estimate showing Thomas A. Tully Jr. thecostthereofincludingthecostofesti- Mayor mates, notices, inspection, and prepar- Richard Wertzberger ing the assessment and plat, now there- D. Michael King fore, James E. Rrady BE IT RESOLVED, by tbe City Coun- Carolyn Farrell cil of the City of Dubuque, ATTEST: Council Members That the cost of said improvement is Leo F. Frommelt hereby determined to be $95,869.28. City Clerk That none of the cost thereof shall be ACCEPTANCE OF assessable upon private property and RESOLUTION NO, 63.78 $95,869.28 sball be paid from the Com- We, the undersigned, Dick Loetscher munity Development & Water Depart- Inc. by Richard A. Loetscher having ment General Fund. read the terms and conditions of the Passed, adopted, and approved this foregoing Resolution No. 68-78 and be- 20th day of February, 1978. ing familiar with the conditions thereof, Richard Wertzberger hereby accept the same and agree to per- Mayor Pro- Tem form the conditions required therein. D. Michael King Dated atDubuque, Iowa, this 14th day James E. Brady of March, 1978. Carolyn Farrell DICK LOETSCHER INC Council Members By: IsIRichard A. Loetscher, Pres. Far- Special Session, February 20,1978 78 ATTEST: Leo F. Frommelt City Clerk Council Member FarreH moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the foHowing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. . ATTEST: Leo F. Frommelt City Clerk Mayor Pro-Tern Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-none. Abstain-Mayor Tully, (A Resolution Accepting Improvement) RESOLUTION NO, 65-78 WHEREAS, the contract for the Five Flags sewer and water relocation has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has bfen completed according to the terms of the contract, plans and specifications and recommends its acceptance, now there- fore, BE IT RESOLVED, by tbe City Coun- cil of the City of Dubuque, that the rec- ommendation of the City Manager be ap- proved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, tbat the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Com- munity Development and Water Depart- ment General Funds, upon the abov~ de- 1978 To the Honorable Mayor and City Council The construction of Five Flags sewer and water relocation has been complet- ed in accordance with plans and specifi- cations by Tschiggfrie Exca'vating ofDu- buque, Iowa. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Far- To: Leo F. Frommelt City Clerk This is to certify that the security pro- vided by the foregoing RESOLUTION NO. 63-78 bas been furnisbed by tbe owners. Dated at Dubuque, Iowa, this 14th day of Marcb, 1978. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays - none. January 11, 81 erroneously conveyed to James S. O'Meara's predecessors in title, and which portion of Grandview A venue should have been and is correctly de- scribed as: Lot 2 of Lot 2 of Lot I of Lot 1 of Lot I of Lot 1 of Lot I of Lot I of Lot I of Lot I of Mineral Lot 342, in the City ofDu- huque, Iowa; and WHEREAS, said delivery of Quit Claim Deed by the grantor James S. O'Meara should be accepted by the City of Dubuque, Iowa; and WHEREAS, City of Dnhuque, Iowa should convey to James S. O'Meara that portion of real estate heretofore describ- ed, and same should be conveyed to Mr. O'Meara in exchange for the conveyance by Mr. O'Meara to the City of Dubuque. Iowa that portion of North Grandview A venue hereinabove referred to: NOW THEREFORE BElT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the delivery of Quit Claim Deed by James S. O'Meara. a sin- gle person, conveying to the City of Du- buque, Iowa the following described real estate: . Lot 2 ofLot20fLot I of Lot I of Lot I of Lot I of Lot 1 of Lot 1 of Lot I of Lot 1 of Mineral Lot 342, according to Plat filed for record on June 29, 1959, in Plat Book #26, Page 114, be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby ordered and directed to cause said deed to be recorded in the 6f- fice of the Dubuque County Recorder, and a certified copy of this Resolution should be transmitted to the City Asses- sor. Section 3. That the conveyance by the City of Dubuque, Iowa of any and aH of its interest in and to the following de- scribed real estate, to-wit: Lot 1 of Lot 2 of Lot I of Lot I of Lot I of Lot I of Lot 1 of Lot 1 of Lot 10fLot 1 of Mineral Lot 342, in the City ofDu- buque, Iowa, to James S. O'Meara, a single person, be and the same is hereby approved; and the City Clerk be and he is hereby order~ ed and directed to cause notice of intent to dispose of interest in real estate to be published asis by la~}'~_quired, and that such cos-t of puolication be borne by the City of Dubuque, Iowa, that no abstract of title be furnished and that conveyance by the City of Duhuque, Iowa he by Quit Claim Deed, reserving to itself ease- ments reserved therein. Section 4. That the City Clerk be and he is hereby ordered and directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder Special Session, February 20,1978 endorse the approval of the City of Du- buque, Iowa, upon said plat. Passed, adopted, and approved this 20th day of Fehruary, 1978, Thomas A, Tully Jr, Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, FarreH, King, Wertzberger. Nays-none. February 17,1978 Honorable Mayor & City Council I am transmitting herewith proper proceedings to correct a misdescription in real estate that apparently conveyed a portion of North Grandview Avenue. In an effort to correct the situation and to adjust the matters of title con- cerning the City of Dubuque and the present title holder to the property in question, James S. O'Meara, I am attach- ing herewith an appropriate Resolution for your favorable consideration. R. N. Russo City Attorney Council Member Wertzberger moved that the communication be received and ~iled. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 71.78 WHEREAS, by reason of a discrepan- cy in description arising out of a deed dated June 22, 1959 and filed June 29, 1959, in Book 168, Page 360, the City of Dubuque, Iowa conveyed a portion of North Grandview A venue at its inter- section with Kaufmann A venue in the City of Dubuque, Iowa; and WHEREAS, the intent was to convey to said grantee a parcel of real estate im- mediately abutting thereto which is and should have been correctly described as: Lot I ofLot20fLot I of Lot I of Lot I ofLnt 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Mineral Lot 342, in the City ofDu- buque, Iowa; and WHEREAS, the City of Dubuque, Iowa has received delivery of deed from the present title holder, being James S. O'Meara, a single person, to that portion of North Grandview A venue heretofore Special Session, February 20,1978 which is hereto attached and made a part thereof; and Section 409.18 Code of Iowa provides that any plat may be vacated by proprietor thereof with the consent of the City at any time before sale of any lots. WHEREAS, the City Council find. that said City of Dubuque should con- sent to the vacation as prayed. NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DURUQUE,IOW A: Section 1. City Council hereby con- sents to the vacation of Plat of Lots I, 2 and 8 of TAKOS PLACE, in the City of Dubuque, Iowa, dated February 17th, 1978 and filed February 17,1978 and re- corded as Instrument No. 1360-78. Passed, adopted, and approved this 20th day of Fehrnary, A.D., 1978. Thomas A. Tully Jr, Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO, 70.78 A Resolution Approving the Correc. tlon Plat of Lot 1, Lot 2, end Lot 3 of "Takas Place", a Subdivision of Lot B of Lot 1 of Lot 1 of Mlnersl Lol179 In the City of Dubuque, lows. WHEREAS, there has heen filed with the City Clerk of the City of Duhuque, Iowa, a plat in whichLotB of Lot 1 of Lot 1 of Mineral Lot 179 in the CityofDubu- que, Iowa, is platted as: Lot I, Lot 2 and Lot 3 of "Takos Place" in the CityofDu- buque, Iowa WHEREAS, said correction plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said correction plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating there- to: NOW THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, row A: Section 1. That the above described correction plat be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to Passed, adopted, and approved this 20th day of Fehruary, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Fehruary 20, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has reviewed the Correction Plat of Lots I, 2, and 3 of "Takos Place", a subdivision of property located at the southwest corner of the in- tersection of North Algona Street and North Grandview A venue, in the City of Dubuque, Iowa. In their review the Planning and Zon- ing Commission has found that the prop- erty is subject to a mortgage, and that the intent of the Correction Plat is for the purpose of revising the owner's cer- tificate to include the authorized signa- ture of the lending institution. The Comw mission also determined that the plat is substantially the same as the original ap- proved by them, and by the City Council in December of 1977. The Planning and Zoning Commission has voted to approve the Correction Plat of Lots 1, 2 and 3 of "Takos Place" and recommends your favorable concur- rence in that decision. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member W ertzberger moved that the communication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. RESOLUTION NO. 89.78 WHEREAS, Peter J, Takos, Jr., and Elizabeth S. Takos, filed Deed of Vaca- lion of Plat of Lots 1, 2 and 3 of T AKOS PLACE, in the City of Duhuque, Iowa, dated February 16, 1978 and filed on the 17th day of February,1978 and recorded as Instrument No. 1360-78, a copy of 80 ~~~< 83 in the manner required by law. Seconded by Mayor Tully. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Febrnary 10, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has held a public hearing on the preliminary development plan and Planned Unit Development des- ignation submitted by Mr. Thomas Leibold for his property on Kaufmann Avenue in the City of Dubuque, Iowa. The 4.31 acre project site, currently zon- ed -R-4 Residential District, is described as Lot 1 of the sub ofLot20fLot 1 of Lot 2 of Lot I of Lot 3 of St. Mary's Place and is located on the north side of Kaufmann A venue west of the Dubuque Health Care Center and east of Carter Road, as depicted on the attached map. The City Planning and Zoning Com- mission has found that the preliminary development plan for a 79 unit apart- ment building for housing elderly ten- ants will promote the public welfare. Further, the Commission has deter- mined that said preliminary develop- ment plan will conform with the stand- ards and regulations of the Zoning Or- dinance provided that said Ordinance is amended, as recommended, to permit, regulate and define housing for the el- derly. Accordingly, the Planning and Zoning Commission unanimously recommends that the applicants preliminary develop- ment plan be approved and that the above described property be reclassified from the R-4 Residential Distric,ti to the R-4 Planned Unit Development District. City Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. AN ORDINANCE of tbe City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", which amendment shall establish a Planned Unit Development Designa- tion on property described as "Lot 1 of tbe Sub. of Lot 2 of Lot I of Lot 2 of Lot I Special Session, February 20,1978 February 13, 1978 Honorable Mayor and Council Members The City of Dubuque Planning and Zoning Commission has held a public hearing on amendments to the text of the City of Dubuque Zoning Ordinance to set forth provisions therein to permit, regulate, and define housing for the el- derly. A staff report and the proposed Ordinance describing the amendments are attached for your information. In approving the four amendments to the Zoning Ordinance, the Commission found the special provisions governing housing for the elderly to be appropriate additions, and recommend your favor- able consideration. Planning and Zoning Commission Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farren, King, W ertzberger. Nays-none. AN ORDINANCE of tbe City of Du- buque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by amending Article IV, Section 4-110, Planned Unit Development Dis- trict regulations and Article XI defini. tions, thereof to include provisions to permit, regulate, and define housing for the elderly, presented and read. Council Member Wertzberger mov.ed that the reading just had be considered the first reading of the .Ordinance. Seconded by Mayor Tully. Carried by the fonowing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Couneil Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Tuny. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Gouncil Member Wertzberger moved that a public hearing be held on the Or- dinance on March 20, 1978 at 7:30 P.M. o'clock in the Council Chamber at the City Hall and that tbe City Clerk be in- structed to publish notice of the hearing me Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Wertzberger. Nays-none. Council Member Wertzberger moved that the communication be received and made a matter of record. Seconded by Council Member Farrell. Carried by the following vote: Special Session,February20, 1978 HEA TING INSPECTOR 1 examina- tions on February 9, 1978. The following named applicants pass- ed the written examinations and are hereby certified for appointment. None. John E. Hess Frieda Luther Richard Zimmer Civil Service Commission ATTEST: ATTEST: Leo F. Frommelt Leo F. Frommelt City Clerk City Clerk Subscribed and sworn to before me Council Member Wertzberger moved this 15th day of February 1978. adoption of the Resolution. Seconded by Z. D. Hantelmann Council Member King. Carried by the Notary Public following vote: Council Member Wertzberger moved Yeas - Mayor Tully, Council Mem- that the communication be received and bers Brady, Farrell, King, W ertzberger. made a matter of record. Seconded by Nays-none. Council Member Farrell. Carried by the Communication of East Central Inter- following vote: governmental Ass'n. advising of the per Yeas-Mayor Tully, Council Mem- capita general membership assessment bers Brady, Farrell, King, Wertzberger. from July l,1978t~June 30, 1979 will be Nays-none. $.825, presented and read. Mayor Tully February 12, 1978 moved that the communication be re- To the Honorable Mayor and ferred to Budget. Seconded by Council Members of the City Council Member Wertzberger. Carried by the In accordance with the provisions of following vote: Chapter 400 of the 1977 Code of Iowa the Yeas - Mayor Tully, Council Mem- Civil Service Commission conducted ex- bers Brady, Farrell, King, Wertzberger. aminations for WATER PLANT OPER- Nays-none. ATOR on February 9, 1978. Communication of Peoples Natural The following named applicants pass- Gas notifying the City that it has filed a ed the written examinations and are revision to the customer connection pol- hereby certified for appointment. icy in its generalterms and conditions as Delaney,JamesF.............. 88% on file with Iowa State Commerce Com- Bekkum, Wayne W............ 82% mission pertaining to insulatit>n require- Schiessl, Robert F............. 80% ments, presented and read. Council Miller, Karl G. . . . . . . . . . . . . . . . . 78% Member Wertzberger moved that the Averkamp, TerranceF......... 77% communication be received and filed and Clausson, Herbert C........... 74% referred to the Building Department. Neely, Arnold................ 72% Seconded by Council Member Farrell. Hallahan, Joseph G. . . . . . . . . . . . 72% Carried by the following vote: Hurley, Michael P............. 70% Yeas-Mayor Tully, Council Mem- JohnE.Hess bers Brady, Farrell, King, Wertzberger. Frieda Luther Nays-none. Richard Zimmer Verbal petition of Council Member Civil Service Commission Brady requesting a Traffic Ordinance ATTEST: change to make 10th Street two way be- Leo F. Frommelt tween White and Central, presented. City Clerk Council Member Wertzberger moved Subscribed and sworn to before that the petition be referred to the Traf- this 15th day of February, 1978. fic Department. Seconded by Council Z. D. Hantelmann Member Brady. Carried by the following Notary Public vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. 82 and the office of the City Assessor, and for the City of Dubuque, Iowa. Passed, adopted, and approved this 20tb day of February, 1978, Thomas A, Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members February 12, 1978 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of tbe 1977 Code oflowa tbe Civil Service Commission conducted in "'''~_'''''''_~-.''''~~A--,d'' r"-'-_"-:~-_~_. 84 Special Session, February 20,1978 ,. 85 Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Notice of Claim of Vincent F. Brimey- er of 2810 Hempstead, in an undetermin- ed amount, for property damage as the result of a broken water main at 666 Lowell Street on January 17,1978, pre- sented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Attorney for investigation and report, Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of Marilyn Kemp- thorne, in the amount of $90.78, for car damage incurred as the result of striking a chuckhole in 82nd Street at N. Grand- view on December 18, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be re- ferred to the City Attorney for investi- gation and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of Teresa Ruzicka, in the estimated amount of $799.86, plus a car rental, for car damage incurred as the result of being struck by a city- owned bus at W. Locust & Foye Streets on February 10, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be refer- red to the City Attorney for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Clatm of Patrick E. Walter, in the amount of$50., for car damages in- curred as the result of driving into a hole in the street on West 8th Street on Feb- ruary 11, 1978, presented and read. Council Member Wertzberger-moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of Richard M. Eddy, in an undetermined amount, for property damage incurred as the result of a bro.. ken water main at 146 Cherokee Drive on January 18,1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to Special Session, Februar~ 20,1978 lowing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of U.S. Corps of Engi- neers submitting public notice advising that the Inland Molasses Co. have filed an application for the expansion of their existing dock facilities, presented and read. Council Member Wertzberger moved that the Notice be received and filed, posted and referred to the Dock Commission. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Communication of City Manager rec- ommending installation of a street light at 1887 Glen Oak in response to Robert T. Specht petition, presented and read. Council Member Wertzberger moved that the recommendation be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of City Manager rec- ommending installation of four street lights in McClain Sub. in response to pe- tition of Earl McClain, presented and read. Council Member Wertzberger moved that the recommendation be ap- proved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Notice of Claim of Mrs. Clarence Cum~ mings, in the amount of $8f4., plus loss of wages as the result of a fall on a defective sidewalk at E.18th Street on December 6, 1977, presented and read. Council Member Wertzberger moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - none. Notice of Claim of John Schneider, in the amount of $65., for car damage incur- red as the result of driving into a chuck- hole in the alley between 11th & 12th Street and White and Central on Janu- ary 80, 1978, presented and read. Coun- cil Member Wertzberger moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem~ bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Housing Code Re- view Committee submitting minutes of their meetings of January 26 and Febru- ary 8; 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem. bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Housing Commis~ sion submitting minutes of their meet- ing of January 26, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays - none. Communication of Historical Preser- vation Commission submitting minutes of their meeting of January 5,1978, pre- sented and read. Council Member Wertz- berger moved that the minutes be re- ceived and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Communication of Planning & Zoning Commission submitting minutes of their meeting of February 8, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communications of DEQ submitting water main extension construcJ;ion per- mit for Block I - Phase II Stonehlll Community; Water main and sanitary sewer permits for Prairie Heights Sub.; and Water main and sewer permits for Timber Ridge - Lot I of Lot A,Block 5, presented and read. Council Member Wertzberger moved that the communi. cations be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem~ bers Brady, Farrell, King, Wertzberger. Nays-none. Printed Council Proceedings for the month of August, 1977, presented for ap- proval. Council Member Wertzberger moved that the Council Proceedings be approved as printed. Seconded by Coun- cil Member Farrell. Carried by the fol~ of Lot 30f St. Mary's Place, in the City of Dubuque, Iowa"lying in an R-4 Residen- tial District in "St. Mary's Place" in the City of Dubuque, Iowa (Tom Leibold), presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Council Member Wertzberger moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Tully. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Council Member Wertzberger moved that a public hearing be held on the Ordi- nance on March 20, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Mayor Tully, Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Petition of National Foundation March of Dimes requesting permission to conduct a Walkathon on April 9th, 1978, presented and read. Council Mem- ber Wertzberger moved that the re- quest be approved subject to implemen- tation of the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-none. Communication of Dubuque Citizens Advisory Commission submitting minutes of their meeting ofJ anuary 28, 1978, presented and read~ Council Mem- ber Wertzberger moved that the min- utes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-none. Communication of Five Flags Center Commission submitting minutes of their meeting of February 7, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: 87 Regular Session, March 6, 1978 CITY COUNCIL OFFICIAL Regular Session, March 6, 1978. No members of the Council being pre- sent, the meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved. . . . . . . . . . . . . . . . . . . . .. 1978 Adopted. . .. . . . . . . . . . . . . . . . . . .. 1978 Council Members ATTEST: City Clerk Special Session, February 20,1978 Yeas-Mayor Tully, Council Mem~ bers Brady, Farrell. King, Wertzberger. Nays-none. There being no further business, Council Member Wertzberger moved to adjourn. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully; Council Mem- bers Brady. Farrell, King, W ertzberger. Nays-none. 1978 1978 Members Leo F. Frommelt City Clerk Counci Approved Adopted ATTEST: City Clerk 86 the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. King, W ertzberger. Nays-none. Notice of Claim ot Giles Ede, in the amount of $16.70, for car damages incur- red as the result of being struck by a City-owned ambulance on February 1. 1978 at 450 W. Locust Street. presented and read. Council Member Wertzberger moved that the Notice of Claim be refer- red to the City Attorney for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady. Farrell, King, W ertzberger. Nays-none. Notice of Claim of Mrs. Thomas B. French, in the amount of $52.38, for car damages incurred as the result of driv- ing into a chuckhole at 2965 Pennsylvan- ia A VB. on February 10, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be refer- red to the City Attorney for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady t Farrell. King. W ertzberger. Nays - none. At 8:45 P.M. Council Member Wertz- berger moved to go into Executive Ses- sion to discuss appointments to Boards and Commissions. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. King, W ertzberger. Nays-none. Council reconvened in regular session at 9:17 p.m. Mayor Tully announced the following appointments: To the Building Board of Appeals - William Herrig, Gerald Guy and Donald Schroeder for two year term expiring 12-31-79j To Community Devel- opmentCommission - Fred Apel repre- senting Park Board, Mike Reilly repre- senting Playground & Recreation Com- mission, Michael Pratt representing 4th Street Neighborhood, Elaine Kaufman representing Rehabilitation Commis- sion, Lester Pihart representing Plan- ning & Zoning Commission; To Rehabili- tation Commission - Harold Moldt, Jr. and Richard M. Strub for three year term expiring 1-26-81; To Five Flags Building Commission - Carolyn Far- rell. Council Member Wertzberger moved ratification of the appointments. Seconded by Council Member King. Car- ried by the following vote: