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1978 June Council Proceedings 245 TO ARTICLE IV. SECTION 4.109.4. CONDITIONAL USES OF THE OR.1 QFFICE.RESIDENTIAL DISTRICT. TO PROVIDE FOR THE OPERATION OF CABARETS OR RESTAURANTS IN STRUCTURES DESIGNATED AS HIS. TORICALLY AND/OR ARCHITEC. TURALLY SIGNIFICANT. said Ordinance having been previously presented and read at the Council Meet- ing of May 1. 1978. presented for final adoption. ORDINANCE NO. 3H8 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 ENACTING A NEW SUBSECTION 4 TO ARTICLE IV. SECTION 4.109.4, CONDITIONAL USES OF THE OR.1 OFFICE.RESIDENTIAL DISTRICT, TO PROVIDE FOR THE OPERATION OF CABARETS OR RESTAURANTS IN STRUCTURES DESIGNATED AS HIS. TORICALLY AND/OR ARCHITEC. TURALL Y SIGNIFICANT NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: section 1. That the Code of Ordinan. ces of the City of Dubuque, Iowa. be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map althe City of Dubuque, Iowa", to enact anew subsection.4 to Ar- ticle tv, Section 4-109.4. Conditional Us- es of the OR-1 Office-Residential Dis- trict, as follows: "ARTICLE IV RESIDENTIAL DISTRICT REGULATIONS Section 4.109 OR.1 OFFICE.RESIDEN. TIAL DISTRICT 4.109.4 Conditional U.e. 4) Cabarets or restaurants in struc- tures or areas which have been des- ignated by the Dubuque City Council as historically or architecturally significant, after public hearing and consultation with the State Histori- cal Preservation Offices and Dubu- que County Historical Society. A con- ditional Use Permit for such uses may be granted by the Board of Ad. justment only onfinding that the pro- posed use; any change, alteration or modification of the external ap. perance of the building. improve- ment, or property, the number ofper- sons or employees on the premises, and other operational aspects of the proposal are compatible with the in~ tended historical or architectural character of the area. " OFFICIAL Regular Session, June 5, 1978. council met at 7:30 P.M. (C.D.T.l Present - Mayor Tully, Council Mem- bers Brady. Farrell, Wertzberger. City Manager Gilbert D. Chavenelle. Absent - Council Member King. Mayor Tully read the call and stated that service thereof had been duly made and this is the regular meeting of the Ci- ty Council called for the purpose of ac- ting upon such business as may properly come before the meeting. Invocation was given by Rev. Robert Caldwell, Pastor of Summit Congre- gational Church. Proclamations proclaiming month of June, 1978 as "Burglary Prevention Month" and month of June as "Recrea- tion and Parks Month" were read, ap- proved and signed by Mayor Tully. Proof of publication, certified to by the publisher, of Notice of Publlc Hear- ing to amend the Zoning Ordinance by enacting a new subsection 4 to Article IV Section 4-109.4 conditional uses of the OR-1 Office Residential District to pro- vide for the operation of cabarets or rest- aurants, in structures designated as his. torically and/or architecturally signifi- cant, presented and read. No written ob- jections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzberger moved to suspend the rules to let anyone pre- sent address the Council if they so de- sire. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas _ Mayor Tully, Council Mem- bers Brady, Farrell. Wertzberger. Nays-None. Absent-Council Member King. Wayne N orman spoke on behalf of the Ryan House; Creating a garden area for customers waiting for service; Intend to add on south side of building. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. ORDINANCE NO. 3H8 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 ENACTING A NEW SUBSECTION 4 Regular Session, June 5, 1978 COUNCIL Special Session, May 31,1978 CITY COUNCIL OFFICIAL Special Session, May 31. 1978. Council met at 4:30 P.M. (C.D.T.). Present - Council Members Farrell King, Wertzberger. City Manager GiJ. bert D. Chavenelle. Absent - Mayor TUlly, Council Mem- ber Brady. Mayor Pro-Tern Wertzberger read the call and stated that service thereof had been duly made and this Meeting is called to consider application for trans- -fer-of abeer permitfor Dubuque Jaycees and acting upon such other business as may properly come before a regular meeting of the Council. An application for transfer of Beer Permit by the Dubuque Jaycees from their present location at 1023112 Main St. to 7th and Town Clock Plaza for June 2nd and 3rd, presented and read. Mayor Pro.Tern Wertzberger moved approval of the application. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tern Wertzberger, Council Members Farrell, King. Nays-none. Absent-Mayor Tully, Council Mem- ber Brady. There being no further business Council Member Farrell moved to ad- journ. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Farrell, King. Nays-none. Absent - Mayor Tully, Counci ber Brady. Mem- 1978 1978 Leo F. Frommelt City Clerk Members Counci Approved Adopted 244 ATTEST: City Clerk 247 be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" to reclassify herein- after described property from "A G Ag- ricultural Dt'strict" classification to "R-1 Residential District" classifica- tion. to Toil: Lot2 of Lot 1 of Lot 2 of Mineral Lot 499 in Table Mound Township, in the City of Dubuque, Iowa Section 2. That thejoregoingamend- ment has heretofore been approved for the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this ,/jth day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of June, 1978. Leo F. Fromme City Clerk 1t619 Council Member Wertzbergermoved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell,' Wertzberger. Nays-None. Absent-Council Member King. Pro.o.f of Publicatio.n, certified to. by the Publisher, o.f Natice af Public Hear- ing to. amend the Zaning Ordinance by reclassifying property in Henschel's Ad- dition fram AG Agricultural to. R-1 Resi- dential District and to. establish a Planned Unit Develo.pment Designatio.n in Henschel's Additio.n and an R-1 Res- idential District pro.perty in Henschel's Black Fo.rest, presented and read. No. written abjectio.ns were filed and no. oral abjectars were present in the Cauncil Chamber at the time set for the hearing. Council Member Wertzberger maved that the proaf o.f publicatian be received and filed. Seconded by Co.uncil Member Farrell. Carried by the fo.llawing vate: Yeas-Mayo.r Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-Nane. Abs-ent - Council Member King. ORDINANCE NO. 34.78 AN ORDINANCE OFTHE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE. IOWA. BE AMENDED BY REVISING APPENDIX A THERE. Regular Session, June 5, 1978 ~._w -;;;~.,...~~~ ,4.~_c.J."~';pC:_l ..... 246 ORDINANCE NO. 32.78 AN ORDINANCE OFTHECITY 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 RECLASSIFYING PROPERTY IN SUN. SET PARK SUBDIVISION NO.4 FROM AG AGRICULTURAL DISTRICT AND R.5 RESIDENTIAL DISTRICT TO R.2 RESIDENTIAL DISTRICT CLASSIF. ICA TION NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordi- nances af the City of Dubuque, Iowa, be amended by re1Jising Appendix A there- of, also known as the "Zoning Ordinance and Zaning Map afthe City of Dubuque, Iowa" to. reclassify hereinafter describ- edprapertyfrom "AG AgriculturalDis- trict" classificatian to. ''R-2 Residential District" classification, to wit: Lot ,g in Byrne's Subdivision; Lat 2 vf the Sauthwest 1/4 afthe Narthwest % af Section 28. Tawnship 89 Narth, Range 2 East af the 5th Principal Meridian,' and Lat 2 afthe Northwest 1/4 vf the Southwest % vf Sectian 28, Township 89 Narth, Range 2 East of the .'>th Principal Meridian except the Illinais Central Railroad right-af- way, all in the City ofDulJUque, Iowa. Section 2. That the Code af Or- dinances af the City af Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map af the City of Dubuque, Iowa" to reclassify herein- after decribed property from "R-5 Residential District" classification to "R-2 Residential District" classif- ication, to wit: Lot .1 of Lot 2 in Byrne's Subdivision in the City o.f Dubuque, Iowa. Section 3~ That the fore gaing amend- ment has heretofore been approved by the Planning and Zoning Cammission of the City of Dubuque, Iowa. Passed, adopted, and approved this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Caralyn Farrell ATTEST: Council Members Leo 1". Frommelt City Cleric Published officially in the Telegraph Herald New.qpaper this 9th day of .June 1978. Council Member Wertzbergermoved final adoption ()fthe Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem.- bers Brady. Farren Wertzberger. Nays-None. Absent- Council Member King. Proof of Publication, certified to by the Publisher,of Notice of Public Hear- ing to. amend the Zoning Ordinance by reclassifying recently annexed property at 1555 Miller Road (Lot20f1 of20fM.L. 499 in Table Mound Township) in the Ci- ty from AG Agricultural District to R-I Residential District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Mem- ber Wertzberger moved that the proof af publicatio.n be received and filed. Seconded by Council Member Brady. Carried by the follawing vote: Yeas-Mayor Tully, Co.uncil Mem- bers Brady, Farrell, Wertzberger. Nays-Nane. Absent-Council Member King. Regular Session, June 5, 1978 Leo F. Fromme CityClerlc 11619 Council Member Wertzbergermoved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Cauncil Mem- bers Farrell, Wertzberger. Nays-Council Member Brady. Absent-Council Member King. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zaning Commis- sion af the City of Dubuque. Passed, adopted, and approved this 5th day of June, 1978. Thom.as A. Tully Jr. Mayor Richard Wertzberger Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published afficially in the Telegraph Herald Newspaper this 9th day of June 1978. ORDINANCE NO. 33.78 AN ORDINANCE OFTHE 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 RECLASSIFYING RECENTLY AN. NEXED PROPERTY AT 1555 MILLER ROAD FROM AG AGRICULTURAL DISTRICT CLASSIFICATION TO R.1 RESIDENTIAL DISTRICT CLASSIF- ICATION, said Ordinance having been previously presented and read at the Cauncil Meet- ing af May 15, 1978, presented for final adoption. ORDINANCE NO. 33.78 AN ORDINANCE OFTHE 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 RECLASSIFYING RECENTLY AN. NEXED PROPERTY AT 1555 MILLER ROAD FROM AG AGRICULTURAL DISTRICT CLASSIFICATION TO R.1 RESIDENTIAL DISTRICT CLASSIFI. CATION NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa, Leo F. Fromme City Clel'k 1t619 Proof of Publication, certified to. by the Publisher, af Notice of Public Hear- ing to. amend the Zoning Ordinance by reclassifying property in Sunset Park Sub. No.. 4 from AG Agricultural and R-5 Residential Districts to R-2 Residential District Classification, presented and read. No written objections were filed and no oral objecto.rs were present in the Cauncil Chamber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the fallow- ing vote: Member King. ORDINANCE NO. 32.78 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 RECLASSIFYING PROPERTY IN SUN. SET PARK SUBDIVISION NO.4 FROM AG AGRICULTURAL DISTRICT AND R.5 RESIDENTIAL DISTRICT TO R.2 RESIDENTIAL DISTRICT CLASSIFI. CATION. said Ordinance having been previously presented and read at the Council Meet- ing of May 1, 1978. presented for final adoption. ~'.;if:i;J.'::t'>f Yeas-Mayor Tully, Council Mem- bers Brady, Farrell,Wertzberger. Nays-None. Absent~Councr 1'.1 I 1'1 '-" ~_._.,,~ Member King. ORDINANCE NO. 35.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA PROVIDING THA TTHE CODE OF ORDINANCES, CITY OF DU. BUQUE, IOWA BE AMENDED BY RE. VISING SUBSECTION 14 OF DIS. TRICT C OF SECTION 25.328 AND BY ADDING A NEW SUBSECTION 17 TO DISTRICT B OF SECTION 25.326 OF SAID CODE TO LIMIT PARKING TO NOT LONGER THAN TEN HOURS AT ANY ONE TIME ON THE SOUTH SIDE OF E. 9TH STREET FROM CENTRAL AVENUE TO WHITE STREET AND TO LIMIT THE PARKING TO NOT LONG. ER THAN 120 MINUTES AT ANY ONE TIME ON THE NORTH SIDE E. 9TH STREET BETWEEN CENTRAL AVE. NUE AND WHITE STREET. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 14 of District C of Section 25-326 be amended and a new Subsection 17 of District B of Section 25-326 be added to the Code of OrdirULnces of the City of Dubuque, Io- wa so that said Subsections shall read as follows: "Sec. 25.328. Districts. Parking Meter District B. 17. East 9th Street - North side from Central A venue to White Street. Parking Meter District C. 14. East 9th Street - South side be. tween Central A venue and White Street. " 249 TRAL AVENUE TO WHITE STREET AND TO LIMIT THE PARKING TO NOT LONGER THAN 120 MINUTESAT ANY ONE TIME ON THE NORTH SIDE E. 9TH STREET BETWEEN CENTRAL AVENUE AND WHITE STREET, presented and read. Council Member Wertzherger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. 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, Wertzberger. Nays-None. Absent - Councr Regular Session, June 5, 1978 1978 Honorable Mayor and City Council Two amendments to the parking me- ter ordinance will be presented for your consideration at the June 5th meeting. 1. Install two hour meters on the west side of Iowa Street between 9th and 10th. 2. Removal of four (4) ten hour meters on the north side of 9th Street from Cen- tral easterly to the alley and change four (4) ten hour meters to two hour meters in front of A-l Rental Center Store. Letters of explanation from Chief O'Brien are attached. These ordinance amendments are recommended for your favorable consideration. Gilbert D. Chavenelle City Manager Member King. ORDINANCE NO. 35.78 AN ORI;lINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SUBSECTION 14 OF DISTRICT C OF SECTION 25.328 AND BY ADDING A NEW SUBSECTION 17 TO DISTRICT B OF SECTION 25.328 OF SAID CODE TO LIMIT PARKING TO NOT LONGER THAN TEN HOURS AT ANY ONE TIME ON THE SOUTH SIDE OF E. 9TH STREET FROM CEN. 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, Wertzberger. Nays-None. Absent - Counc' this ATTES1, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of June 1978, 1t619 Council Member Wertzbergermoved final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. Wertzberger. Nays-None. Absent- Counc: Passed, adopted, and approved 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members Leo F. Fromme City clerk Regular Session, June 5, 1978 schels Addition" described as: Com- mencing at the point of beginning, that being on the Westerly property line of Block 2 of ''Henschel's Addi- tion" approximately 200 feet South- easterly from the Northwest corner of said Block '2; thence southwesterly appoximately 140 feet to a point; thence Southeasterly apprOXimately 215 feet to a point; thence North- easterly approximately 100 feet to a point.. thence. Northwesterly approx- imately 70 feet to a point; thence North-Northwesterly approximately 150 feet to the point of beginning,all herein described property lying within Block 4 of "Henschel's Addi- tion" in Section 2, Township 88 North, Range 2 East of the 5th Prin- cipal Meridian in the City of Dubu- que, Iowa. OF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY IN HEN. SCHEL'S ADDITION" FROM AG AGRICULTURAL DISTRICT CLASSIF. ICATION TO R.1 RESIDENTIAL DIS. TRICT: AND FURTHER, TO ESTAB. L1SH A PLANNED UNIT DEVELOP. MENT DESIGNATION ON THE AFOREMENTIONED PROPERTY IN "HENSCHEL'S ADDITION" AND ON R.1 RESIDENTIAL DISTRICT PRO. PERTY IN "HENSCHEL'S BLACK FOREST" ALL IN THE CITY OF DUBU. QUE, IOWA, said Ordinance having been previously presented and read at the Council Meet- ing of May 15, 1978, presented for final adoption. 248 Member King. 17, May Section 2. 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 establishing a ''Planned Unit Development District" designation on property in ''Henschel's BlackForest"inanR-1 Residential Dis- trict classification, which real estate is described, to wit: Lot 2 of Lot 1, except the southerly 29.85feet thereof,' Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1; Lot20fLot 1 of Lot 1 of Lot 1;Lot20fLot 1 of Lot 1 of Lot 1 of Lot 1,' Lot20fLot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1, all in "Henschel's Black Forest"in the City of Dubuque, Iowa. Section 3. That the ''Planned Unit Development" designation applied to the property herein described is a ten- tative reclassification andfinal adoption of the amendment as set forth in Section 1 and Section 2 of this Ordinance shall be subject to Section 4-110.11.3 of Ordi- nance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" wherebyfinal adoption of the "Planned UnitDevelopment"des_ ignation is contingent upon submission of a Final Development Plan by the de- veloper(s), within six (6) months of the effective date of this O,rdinance, andfur- ther that failure bydeveloper(s) to com- ply with the requirements as set forth herein, shall automatically revert the property to its former "Ag AgriCultural District" and ''R-l ResidentialDistrict" classification. Section 4. That the foregoing amend- ments have heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. ORDINANCE NO. 34.78 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 RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY IN "HEN. SCHEL'S ADDITION" FROM AG AG. RICUL TURAL DISTRICT CLASSIF. ICATlON TO R.1 RESIDENTIAL DIS. TRICT; AND FURTHER, TO ESTAB. L1SH A PLANNED UNIT DEVEL. OPMENT DESIGNATION ON THE AFOREMENTIONED PROPERTY IN "HENSCHEL'S ADDITION" AND ON R.1 RESIDENTIAL DISTRICT PRO. PERTY IN "HENSCHEL'S BLACK FOREST" ALL IN THE CITY OF DUBU. QUE, 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 hereinafter described property in "Hen- schel's Addition" from "AG Agri- cultural District" classification to "R-1 Residential District" classification; and further, to establish "Planned Unit Development District" designation upon said real estate, classifying said property in an "R-1 Planned Unit DevelopmentDistrict" classification, to wit: NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Block 2 of "Henschel's Addition" and a 1fz acre parcel of Block 4 in "Hen- ""-""'-'" - 251 Member King. RESOLUTION NO. 184.78 WHEREAS, purusant to resolution and published notice of time and place of hearing, published in the Telegraph~ Herald, a newspaper of general circula- tion published on the 26th day of May, 1978, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Io- wa met on the 5th day of June, 1978, at 7:30 o'clock P.M. in the City Council Chambers of the City Hall, Dubuque, Io- wa to consider the proposal to dispose of interest of the City of Dubuque, Iowa in real estate being a vacated portion of a forty five foot wide easement over and across Lot 1 of Lot 2 of Byrne's Subdivi- sion in the City of Dubuque, Iowa which is platted and described as: The vacated southerly 40' of Ease- ment in Lot l"ofLot 2 of Byrne's Sub- division in Dubuque, Iowa to SCHILTZ DEVELOPMENT COR- PORATION: and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the above described real estate to SCHILTZ DEVELOP- MENT CORPORATION: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the disposal of in- terest of the City of Dubuque, Iowa in the following described real estate, to- wit: The vacated southerly 40' of Ease- ment in Lot 1 of Lot 2 of Byrne's Sub- division in Dubuque, Iowa to SCHILTZ DEVELOPMENT COR- PORA TION for the purchase price of Three Thousand ($3,000.00) Dollars, plus costs of publication and recording fees, be and the same is hereby approved; that conveyance shall be by Quit Claim Deed, that no abstract of title shall be furnish- ed and said conveyance shall be subject to reservation by the City of Dubuque, Iowa of a perpetual easemellt for utilities and for ingress and egress to repair and maintain the same. Section 2. That the Mayor and City Clerk be and they are authorized and di- rected to execute said deed of con- veyance and the City Clerk be and he is hereby authorized and directed to deliv- er said deed of conveyance to the gran- tee upon payment of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record certified copy of this Resolution Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent- Counc: Regular Session, June 5, 1978 Leo F. Frommelt City Clerk 1t6/22 Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Wertzberger. Carried by the following vote: ORDINANCE NO. 37.78 AN ORDINANCE VACATING A POR. TION OF A45 FOOT WIDE EASEMENT OVER AND ACROSS LOT 1 OF 2 OF BYRNE'S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. WHEREAS. Schlitz Development Corporation has requested the vacation of a 40 foot portion of a45 foot wide ease- ment over and across Lot 1 of:2 of Byrne's Subdivision; and WHEREAS, Shive-Hattery and As- sociates has prepared and submitted to the City Council a plat showing the vacated portion of said easement; and WHEREAS, the City Council of Du- buque. Iowa, has determined that this easement is no longer required for pub- lic use, and that the vacation of said ease- ment should be approved, NOW THEREFORE BE IT OR- DAINED BYTHE CITY CO UNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in consideration of payment to the City in the amount of $3,000 plus publication and filing fees that the 4.0foot wide portion of the ease- mentdescribedon the plat of Lot 1 of20f Byrne's Subdivision be and the same is hereby vacated. Section 2. That the City Clerk be and he is hereby authorized and directed to cause Notice of intent to dispose of in- terest in said easement in Lot 1 of 2 of Byrne's Subdivision in the City of Du- buque, Iowa. Passed, adopted and approved this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph lIeraldNewspaper this :22nd day of June 1978. ORDINANCE NO. 37.78 AN ORDINANCE VACATING A POR. TION OF A 45 FOOT WIDE EASEMENT OVER AND ACROSS LOT 1 OF 2 OF BYRNE'S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, said Ordinance having been previously presented and read at the Council Meet- ing of May 15, 1978, presented for final adoption. Regular Session, June 5, 1978 WEST TENTH TO WEST NINTH STREET. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection 4. of Pflrk- ing Meter DistrictB of Section 25-326 of the Code of Ordiriances of the City of Dubuque, Iowa be amended so that such subsection sha.ll read as follows: "Sect. 25.326. Districts. Parking Meter District B. 4. Iowa Street, both sides between 3rd and 4th Streets and the west side between 4th Street and 10th Street and both sides between 10th Street and 11th Street and both sides fH' tween 12th Street and 13th Street and the west side between Ulth Street and Loms Boulevard. " Section 2. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed and of no further force or ef- feet. Passed, adopted, and approved this lith day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members A T7'EST: Leo F. F?'ommelt City Clerk Published officially in the Telegraph Herald Newspaper this 9th day of .June 1978. Leo F. Frommelt City Clerk 1t6/9 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. Wertzberger. Nays-None. A bsent- Council Member Kl:ng. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to vacate and dispose of a portion of a 45' wide easement over and across Lot 1 of2 of Byrne's Sub., 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 Farrell moved that the proof of publication be received and filed. Seconded by Council Member Werb:berger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Member King. ORDINANCE NO. 36.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, BE AMENDED BY RE. VISING SUBSECTION 4 OF DISTRICT B OF SECTION 25.326 OF SAID CODE: TO LIMIT PARKING TO 120 MINUTES AT ANY ONE TIME ON THE WEST SIDE OF IOWA STREET FROM WEST TENTH TO WEST NINTH STREET, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell, Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, W ertzberger. Nays-None. Absent-Council Member King. 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, Wertzberger, Nays-None. Absent - Counci this ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper thi.~ 9th day of June. 1978. Leo F. Frommelt City Clerk 1t6/9 Council Member Wertzbergermo1)ed final adoption of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. Wertzberger. Nays- None. Absent-Counc: Member King. ORDINANCE NO. 36.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REVISING SUBSECTION 4 OF DlS. TRICT B OF SECTION 25.326 OF SAID CODE: TO LIMIT PARKING TO 120 MINUTES AT ANY ONE TIME ON THE WEST SIDE OF IOWA STREET FROM 250 Passed, adopted, and approved 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members .!<:"".~d'h. -~'-_.~"""""'.~ 253 sent personally, in his official capacity and on behalf of the City of Dubuque. to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to en- vironmental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authori- zed and directed to execute a certifica- tion pertaining to the environmental re- view procedures. Section 6. That the City Clerk be and he is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved. and adopted this 5th day of June, 1978. Richard Wertzberger Mayor Pro-Tern James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursuant to the Environmental Re- view Procedures for the Community De- velopment Block Grant Program, the Ci- ty of Dubuque intends to file a request five (5) days after receipt from HUn of approved application for FY 1978 Block Grant Funds. Comiskey Park Improvements Modernization of the Heating Facil- ities at the Dubuque Girls Club The City of Dubuque has made an En- vironmental Review Board for the pro- jects. and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Central A venue, Dubu- que, Iowa, where said records may be ex- amined and copied between the hours of 8:00 A.M. and 5:00 P.M.. Monday through Friday until 5:00 P.M. on the 30th day of June,1978. The name of the applicant is the City of Dubuque, and the Chief Executive Of- ficer of the applicant is Mayor Thomas A. Tully, Jr. The mailing address for both the applicant and the Chief Exec- utive Officer is City Hall, 13th and Cen- tral A venue. Dubuque, Iowa. The City of Dubuque will undertake the projects described above with Block Grant Funds from the U.S. Department of Housing and Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Tho- mas A. Tully, Jr., in his official capacity as Mayor, consent to accept the juris- diction of the Federal courts if an action Regular Session, June 5, 1978 Review Proced_ures for the Community Development Block IGrant Program, convened an ad hoc committee on May 8. H~78, and completed an Environmental Assessment of the following identified propo'sals (projects) with Community Development Block Grant funds; and Comiskey Park Improvements Modernization of the Heating Fa- cilities at the Dubuque Girls Club WHEREAS. pursuant to Resolution No. 175-78 adopted May 15. 1978, Public Notice of a "Finding of No Significant Ef- fect on the Environment" for the pro- posal (project) was published May 16. 1978, in the Dubuque Telegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Friday, June 2, 1978; and WHEREAS, Public Notice of a "Find" ing of No Significant Effect on the En- vironment" for the proposals (projects) was sent by regular mail to various Fed- eral, state and local public agencies and to the local news media. individuals and groups known to be interested and believed to be appropriate to receive such a Public Notice; and WHEREAS, any and all objections, if any, to such proposals have been duly considered; and WHEREAS. it is the intent of the City Council to authorize the submission of a request to the U.s. Department of Hous- ing and Urban Development for the re- lease of funds under the said Act to carry out the above identified projects; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Environmental Review Record for each of the proposals (projects) shall continue to remain on file in the office of the City Clerk, where said records may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and di- rected to submit to the U.S. Department of Housing and Urban Development five (5) days after receipt from HUD of ap- proved application for FY 1978 Block Grant Funds. a request for release of funds to undertake the said projects. Section 3. That the Mayor ofthe City of Dubuque is hereby authorized to con- sent to assume the status of a responsi- ble Federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Ur- ban Development's responsibilities for review. decision-making. and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to con- Regular Session, June 5,1978 Lot 590 in Ham's Addition in the City of Dubuque, Iowa to MICHAEL J. KRUSER and NOR- MAN BRADFIELD for the purchase price of Two Thousand ($2,000.00) DoUars, that no abstract of title will be furnished and conveyance shall be by Quit Claim Deed; conveyance shall be subject to reservation by the City of Dubuque, Iowa of a perpetual easement for utilities and for ingress and egress to repair and maintain the same, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are authorized and di. rected to execute said deed of con- veYRnce and the City Clerk be and he is hereby authorized and directed to de- liver said deed of conveyance to the grantees upon payment of the purchase price in full. S.ctlon 3. That the City Clerk be and he is hereby authorized and directed to record certified copy of this Resolution in the office of the Dubuque County Re- corder and City Assessor. Passed. adopted. and approved this 5tb day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members King. 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, Wertzberger. Nays-None. Absent-Council Member King. Proof of Publication, certified to by the Publisher, of Public Notice indi- cating a Deadline of June 2, 1978 for com- ments on Environmental Impact on Comiskey Park Improvement and Mod- ernization of Heating Facilities for Girls Club, presented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent - Councl: Member RESOLUTION NO. 188.78 Authorizing Submission 01 a R.qu..t lor R.I.as. of Funds lor Cartaln Com. munlty Dev.lopm.nt Block Grant Pro- J.cts WHEREAS, the City of Dubuque in conformance with the Environmental in the office of the Dubuque County Re- corder and the City Assessor. Passed, approved, and adopted this 5tb day of Jnne, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger 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 W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Mem" bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to dispose of interest in Lot 590 Ham's Addition. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be received and flied. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. W ertzberger. Nays-None. Absent-Council Member King. RESOLUTION NO. 185.78 WHEREAS, pursuant to resolution and pUblished notice of time and place of hearing, published In the Telegraph. Herald, a newspaper of general circula- tion published on May 18,1978 in tbe Ci. ty of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 5th day of June, 1978 at 7:80 o'cloek P.M. in the City Council Chambers in City Hall, Dubuque, Iowa to consider the proposal to dispose of interest of the City ofDubu- que, Iowa to real estate described as: Lot 590 in Ham's Addition in the City of Dubuque, Iowa to MICHAEL J. KRUSER and NOR. MAN BRADFIELD; and WHEREAS, the City Council of the City of Dubuque, Iowa. overruled any and all objections. oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the above described real estate to MICHAEL J. KRUSER and NORMAN BRADFIELD. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: S.ctlon 1. That the disposal of in. terest ,of the City of Dubuque, Iowa in the following described real estate, to- wit: 252 255 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, Wertzberger. Nays-None. Absent-Council Member King. Communication of City Manager re- questing publication of notice governing the use of Revenue Sharing Funds cov- ering the approved budget amend- ments, presented and read. Council Member Wertzberger moved that the communication be received and filed and request be approved. Seconded by Coun- cil Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci Communication of Community Devel- opment advising of approval of the Fourth Year Community Development Block Grant Program in the amount of $1,010,000., 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-Council Members Brady, Far- rell, W ertzberger. Nays-None. Abstain - Mayor Tully. Absent-Council Member King. RESOLUTION NO. 189.78 Authorizing the Execution of a Com. munlty Development Block Grant Agreem.ent and Urban Development WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, the City of Dubuque prepared and submitted an ap- plication for a Community Development Block Grant; and WHEREAS, the application has been approved for the City of Dubuque in the amount of $1,010,000 for a twelve month program beginning July 1, 1978; and WHEREAS, a Grant Agreement cov- ering the activities proposed to be car- ried out with Community Development Block Grant funds has been tendered the City of Dubuque; now therefore this Passed, approved, and adopted 5th day of June, 1978. Thomas A. Tully Jr, Mayor Richard Wertzberger James E, Brady Carolyn Farrell Council Members Member King, ATTEST: Leo F. Frommelt City Clerk Regular Session, June 5, 1978 Member King, Communication of City Manager sub- mitting a resolution authorizing trans- fer of funds as set forth in the proposed budget amendment, presented and read. 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, Wertzberger. Nays-None. Absent - Counci RESOLUTION NO. 188.78 A Resolution for Approval of the Per, manent Transfer of Funds WHEREAS, there is now in the hands of the Treasurer the sum of $33,626 credited to the Sanitation Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $553,960 credited to the Public Works Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $49,000 credited to the Dock Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $9,294 credited to the Airport Runway Surfac- ing Fund; and . WHEREAS, it is desired to transfer $18,626 from the Sanitation Fund to the Street and Traffic Lighting Fund to pro- vide for increased operating costs; and WHEREAS, it is desired to transfer $15,000 from the Sanitation Fund to the Tort Liability Fund to cover increased cost of liability insurance; and WHEREAS, it is desired to transfer $553,960 from the Public Works Fund to the Iowa Street Parking Ramp Con- struction Fund to provide for construc- tion costs; and WHEREAS, it is desired to transfer $49,500 from the Dock Fund to the General Fund to support the FY 79 budget requirements; and WHEREAS, it is desired to transfer $9,294 from the Airport Runway Surfac- ing Fund to the Airport Fund to provide for the purchase of parking meters, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A that said sum of $646,380. as set forth above, be and the same is hereby transferred from the Sanitation Fund, Public Works Fund, Airport Runway Surfacing Fund, and Dock Fund to the Street and Traffic Lighting Fund, Tort Liability Fund, Iowa Street Parking Ramp Construction Fund, General Fund and Airport Fund, and the City Finance Director is di- rected to correct his books accordingly. Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci Member King. ~."",",.~;'.,;K" '~_.~"'''"",,'''''''''...r~ Regular Session, June 5, 1978 Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent - Counci CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION RESOLUTION NO_187.78 A Resolution Amending the Current Budget for the Fiscal Year Ending June 30, 1978 (As Amended Last On December 5, 1977) Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. Following notice published May 22, 1978, and the public hearing held June 5, 1978, the current budget (as previously amended) is amended as set out herein: Section 2. The cash balances and rev- cnue estimates are amended as follows: Other~'ederaIFunds:newavallablebalance$121,883: new total revenue estimate $3,420,357 General: new available balance $692,683: new total revenue estimate $9,647,739 Revenue Sharing: new available balance $413.410; new total revenue estimate $1,425,410 Parking: new available balance $(90,899l: new total revenue nstimate $424,801 Road Use Tax: new available balance $511,057: new total revmlue estimate $2,405.I06 Sewage Rental: new available balance $758,945: new total revenue estimate $2,130,1,')7 Truat & Agency: new total revenue eatimate $1,172,434 Section 3. The following changes (transfers of appropriations between programs, and increases in total ap- propriations) are hereby authorized: Community Protection from $5,019.599 to $5,158,518 Human Development (or) Mental & Physical Health S.P., Education & Culture S.P., Leisure Time Oppor- tunities S.P. from $2.666,624 to $3,28J,637 Home and Community Environment (or) Phyaical En- vironment S.P., Economic Well.Being S.P., Transpor- tation S.P. from $11,828,892 to $14,176,704 Policy & Administration from $1,117,731 t(l.$1,265,924 I hereby certify the above transac- tions to be a true copy of the proceedings of the city council and the resolutions passed in the above matter. June 5,1978 LeoF,Fommelt City Clerk Council Member Wertzberger moved adoption of the Resolution, Seconded by Council Member Farrell. Carried by the following vote: '.0,_. """"-=-. ;----" -"-.._-~ Passed, adopted, and approved this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members King. Member King. Member .- ATTEST: Leo F. Frommelt City Clerk Nays-None. Absent-Counci 254 is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action; and that these responsibilities have been satisfied. The legal effect of the certifica- tion is that upon its approval, the City of Dubuque may use the Block Grant Funds and HUn will have satisfied its responsibilities under the National En- vironmental Policy Act of 1969. HUn will accept an objection to its approval of the releases of funds and acceptance of the certification only if it is on one of the following bases: (a) that the certification was not in fact executed by the Chief Ex- ecutive Officer or other officer of appli- cant approved by HUD; or (b) that ap- plicant's environmental review record for the project indicates omission of a re- quired decision, finding, or step ap- plicable to the project in the en- vironmental review process. Objections must be prepared and submitted in ac- cordance with the required procedure (24 CFR Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the release of funds on bases other than those stated above will not be considered by HUD. No objec- tion received after the 30th day of June, 1978, will be considered by HUD. 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. Nays-None. Abstain - Mayor Tully. Absent - Council Member King, Proof of Publication, certified to by the Publisher, of Notice of Hearing on the amendment of the Current Budget, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Werbberger moved that the proof of publication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Proof of Publication, certified to by the Publisher, of Notice of Hearing on how Revenue Sharing Funds are to be used by the City, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member ='c""'-"; ~~-"",.",-...,. 257 Council Member Brady moved that the City Manager and Staff be in- structed to draw up an appropriate Code in line with State Building Code. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas-Council Members rell, Wertzberger. Nays-None. Abstain-Mayor Absent - Council 1978 Honorable Mayor and City Council The following areas have been recom- mended for development by the Mayor's Industrial Development Task Force: 1) The relocation ofMcAleece and Pet- rakis athletic facilites; 2) Development of a six block area be- tween 14th and 16th Streets east of the railroad tracks; 3) Development of a slough area along Kerper Boulevard, northerly of 16th Street; and 4) Development of a western park be- tween the North-West Highway and Radford Road. The plan indicates that Projects 1 and 4 are linked together and could possibly be made a part of the North-West High- way. The idea is that the western area could simultaneously provide new in- dustrial sites and space for the relocated athletic facilities. It is thought that these two could be done in conjunction with the provision for the North-West Highway. The report also indicates that Pro- jects 2 and 3 be linked together and that the outcome of one might possibly de- pend on what arrangements can be made for the settlement of the other. It is planned to initiate the program by: 1) Exploring possibilities of federal assistance including EDA, BOR and DOT: 2) Continuing talks concerning the Washington-Kerper area; and 3) Using the consultant program ap- propriated in the FY 79 budget for Com- munity Development to develop and re- fine plans for Projects 2 and 3. It is recommended that this program be undertaken and that staff assign- ments be made as necessary to ac- complish the work and a time schedule be set for this initial phase. It is further suggested that the 4th Street Peninsula development be considered along with the four projects. Attached is a copy ofthe report by the Mayor's Industrial Task Force Commit- tee indicating development strategy. It is the plan of the group to use this report to circularize the various assisting ageo- Far- Brady, King. May 30, Tully. Member Regular Session, June 5, 1978 ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent - Council Member King. Communication of City Manager re- questing approval to complete contract with a CPA firm, O'Connor, Brooks and Co., for a financial audit from July 1, 1977 thru June 30, 1978, in the amount of $8240., General City Audit, Water De- partment, Sewage Facilities, Parking Facilities, Metropolitan Solid Waste Agency, Community Development, Lo- cal Housing Authority, Federal Rev- enue Sharing, presented and read. Coun- cil Member Farrell moved that the re- quest be approved. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas~Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of City Manager sub- mitting communication from Building Commissioner along with remarks and responses from various local organbm- tions all relative to State Building and/or Uniform Building Code, presented and read. Council Member Werbberger 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, Wertzberger. Nays-None. Absent-Council Member King. Section 2. That the distribution to the City of Dubuque, Iowa from the County-City of Dubuque Authority, Inc. of the sum of $3,334.51 and together with accounting submitted by said Authority be and the same is hereby approved and delivery thereof is herewith accepted. Section 3. That the City of Dubuque, Iowa does hereby release and discharge John Sherman, Chairman, Ray Goed- ken, Treasurer and Clem Welch, Secre- tary, from any and all claims in connec- tion with their duties as members of the County-City of Dubuque Authority, Inc. and as officers thereof. Passed, approved, and adopted this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wert7:berger James E. Brady Carolyn Farrell Council Members Regular Session, June 5, 1978 WHEREAS Chapter 368 of the Code of Iowa, as amended, authorizes the ex- tension of city limits under such cir- cumstances by adoption of a resolution therefor; and WHEREAS the future growth, order- ly development and preservation of the public health of the City of Dubuque, Iowa makes it imperative that said premises be made a part of the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA AS FOLLOWS: Section 1. That the territorial limits of the City of Dubuque, Iowa be, and they hereby are, extended to include the area comprised of the following des- cribed real estate: Lot20f1 ofl ofl ofl ofl ofl of4of1 of 1 of 1 of 1 and 2 of 1 of 1 of Mineral Lot 324 (Said property being shown upon the plat attached hereto, marked Exhibit "A" and by this reference made a part hereof, the boundaries of which being outlined in red thereon.) Section 2. That the premises herein annexed shall become part of the First voting precinct in the City of Dubuque, Iowa. Passed, approved, and adopted this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger 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, Wertzberger. Nays-None. Absent-Council Member King. RESOLUTION NO, 191.78 WHEREAS, the City of Dubuque, Io- wa has heretofore agreed with Dubuque County, Iowa that the County-City of Dubuque Authority, 'Inc. be dissolved; and WHEREAS, the City Council of the City of Dubuque, Iowa has ordered the City Attorney to cause the dissolution of said Authority to be effected; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the dissolution of the County-City of Dubuque Authority, Inc. be and the same is hereby ratified, ap proved and confirmed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, lOW A: Section 1. That the Grant Agree- ment, authorized by the U.S. Depart- ment of Housing and Urban Develop- ment on May 23, 1978 for Dubuque's Fourth Year Community Development Block. Grant Program is hereby ac~ cepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a Communi- ty Development Block Grant Program Agreement identified as Grant Agree- ment B-78-MC-19-0004 for submission to the U.S. Department of Housing and Ur- ban Development. Passed, approved, and adopted this 5th day of J unc, 1978. Richard Wertzberger Mayor Pro-Tern James E. Brady Carolyn Farrell Council Members Application of Melvin and Marion Arensdorf requesting annexation of their property on Peru Road, presented and read. Council Member Wertzberger moved that the annexation be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. 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. Nays-None. Abstain - Mayor Tully. Absent-Council Member King. RESOLUTION NO. 190.78 WHEREAS the owners of an area ap- proximately .20 acres in size lying north of the main portion of the City of Dubu- que, Iowa and immediately contiguous to and west of, that portion of the city limits identified as Peru Road, now vol- untarily petition the City Council for an- nexation of their property to the City of Dubuque, Iowa; and WHEREAS the inhabitants of said territory will be enabled to secure the benefits of city government if said pro- perty is incorporated within the limits of the City of Dubuque, Iowa, to wit the benefits of police and fire protection, and the securing of water, sewer and other municipal services; 256 ""-"" ._~_._",,'~~ 259 Commercial District Classification to HI Heavy In.dustrial District Cl'assification, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Council Members Brady, Far- rell, Wertzberger. Nays - None. Abstain - Mayor Tully. Absent-Council Member King. 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-Council Members Brady, Far- rell, Wertzberger. Nays - None: Abstain - Mayor Tully. Absent-Council Member King. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on July 3, 1978 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Council Members Brady, Far- rell, Wertzberger. Nays-None. Abstain-Mayor Tully. Absent-Council Member King. May 23, Honorable Mayor and Council Members RE: Final Plats "High-Land Farm" and "Arbor Oaks" The City of Dubuque Planning and Zoning Commission has reviewed three final plats subdividing property in "High-Land Farm" subdivision and "Ar- bor Oaks" Subdivision, all of which are located south of West Thirty-Second Street, north of Spring Valley Road and east of John F. Kennedy Road in the City of Dubuque, Iowa. The subdivision of the property is depicted on the attached maps 1, 2 and 3 and are described as: 1) subdivides Lot 1-1-1-1-1-1 of 2-1-1 of "Highland Farm" into Lots 1, 2, 3, 4, and 5 of that subdivision; 2) subdivides Lot 20 of Block 6 in "Arbor Oaks" into Lots 1 and 2 of that subdivision; and subdivides Lot B of Lot 2 of 1-1-1-1-1 of Lot 2 of 1 of 1 of "High-Land Farm" into Lots 1 and 2 of that subdivision; and 3) subdivides por- tions of the above described plats into Lots 1 through 25 of Block 7 of "Arbor Oaks" providing for the extension of Olde Country Lane, and the dedication 1978 Regular Session, June 5,1978 Mayor Pro-Tern Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell. Nays-None. Abstain....;. Mayor Tully. Absent-Council Member King. May 22, Honorable Mayor and Council Members RE: Rezoning Petition Frommelt's Tent and Awning Co. The City of Dubuque Planning and Zoning Commission has reviewed the petition of Frommelt's Dubuque Tent and A wning Company for expansion of an HI Heavy Industrial District to the Northerly 26 feet of Lot 2 of Lot 1 of Lot 1 of "Henry A. Robinson Industrial Sub- division" in the City of Dubuque, Iowa. The property which is located west of Huff Street and south of Railroad A ve- nue is currently classified in a C-3 Arterial Business District zone. In reviewing the petition, the Com- mission found that the subject Lot 2 of Lot 1 of "Henry A. Robinson Industrial Subdivision" is divided by a zoning boun- dary, the Northerly 26 feet lying in a C-3 Commercial District and the southerly 50 feet lying in an HI Heavy Industrial zone. The Commission has determined that the expansion of the HI Heavy In- dustrial zone is appropriate, and also, that the petition meets the criteria of a minor.reclassification as set forth in Sec- tion 8-103.3 of the Zoning Ordinance. Accordingly, the City Planning and Zoning Commission has voted to ap- prove the petition and recommends that you schedule a public hearing on the re- quest. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Council Member Wertzberger moved that the communication be received and filed. Seconed by Council Member Far- rell. Carried by the following vote: Yeas-Council Members Brady, Far- rell, Wertzberger. Nays-None. Abstain-Mayor Tully. Absent - Council Member King. 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 reclassifying property in "Henry A. Robinson Industrial Sub- division" from C-3 Arterial Business 1978 Regular Session, June 5, 1978 and recommends your favorable consid- eration. 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 - Council Members Brady, Far- rell, Wertzberger. Nays-None. Abstain-Mayor Tully. Absent~Council Member King. RESOLUTION NO_ 192.78 Resolution Approving the Plat of Lot 1 of Lot 1 of Lot 1 of "Henry A. Robinson Industrial Subdivision, in the City of Dubuque Iowa and Lot 2 of Lot 1 of Lot 1 of "Henry A. Robinson Industrial Subdivision", in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of Lot 1 of Lot 1 of Lot 1 of "Henry A. Robinson Industrial Subdivision, in the City of Dubuque, Iowa, and Lot 2 of Lot 1 of Lot 1 of "Henry A. Robinson Industrial Subdivi- sion", in the City of Dubuque, Iowa. by Owners Wayne W. Anthony and Lenore E. Anthony, his wife; 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 the same conforms to statutes and ordinances relating thereto; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1: That the plat of Lot 1 of Lot 1 of Lot 1 of "Henry A. Robinson In- dustrial Subdivision", in the City of Dubuque, Iowa, and Lot 2 of Lot 1 of Lot 1 of "Henry A. Robinson Industrial Sub- division", in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted, and approved by unanimous roll call this 5th day of June, 1978. ATTEST: Leo F. Frommelt City Clerk Richard Wertzberger Mayor Pro-Tern James E. Brady Carolyn Farrell Council Members Honorable Mayor and Council Members RE: Final Plat AnthonylFrommelt Property The City of Dubuque Planning and Zoning Commission has reviewed a final plat subdividing Lot 1 ofLat 1 of "Henry A. Robinson Industrial Subdivision" in- to Lots 1 and 2 of that subdivision. The property is located west of Huff Street and south of Railroad A venue in the City of Dubuque, Iowa. In their review of the above described final plat, the Planning and Zoning Com- mission has found that the intent of the subdivision of the property is to accom- modate transfer of ownership of Lot 2. The City Planning and Zoning Com- mission has voted to approve the plat Member King. Council Member Brady moved that the City Manager be instructed to dr.aw up final language agreement with Shive Hattery and adjust budget to develop In- dustrial Park in Radford Road area. Se- conded by Council Member Wertz- berger. Carried by the following vote: Y eas ~ Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Council Member Wertzberger moved that the City Manager be instructed to provide Block Grant Funds for the pro- ject between 14th & 16th Streets. MO- TION DIED FOR LACK OF A SE- COND. May 18, 1978 Allan Thoms, Chairman ofMayor's In- dustrial Development Task Force asked the question "Should Task Force self construct?" - Waiting for further direc- tion. Council Member Wertzberger moved that the communication of City Manager be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci 258 cies. The original task force reported to the Council that an engineering service would be necessary to make a layout and to estimate the cost of the western area development. It has been stated that there are no sources of federal assis- tance for this type of engineering infor- mation and consequently budget provi- sions has been made for this expense. It is felt, however, that the preliminary federal and other investigations be made by the committee before undertak- ing the engineering study. Gilbert D. Chavenelle City Manager ^,;~,,,,~,,"'{i.,;",, ",L~ ..~;"".K""">l -~'--~~ 261 WHEREAS, said plat has been exam- ined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the dedications of Olde Country Lane, Country Cove, Olde Country Court, Arbor Hills Drive and Highland Park Drive, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 7 in "Arbor Oaks" in the City of Dubuque, Iowa, be and the same is hereby ap. proved and the Mayor and City Clerk are hereby authorized and directed (lIto endorse the approval of the City of Dubuque, Iowa upon said plat, and (2) to endorse upon said plat a consent to such platting by the City of Dubuque, Iowa as the holder of an encumbrance lien for special assessments for 32nd Street san- itary sewer and a release from the 32nd Street sanitary sewer special assess- ment encumbrance lien of all streets, easements and other areas dedicated to the City of Dubuque, Iowa and the public by said plat. However, the City of Dubu- que preserves its lien as to the 32nd Street sanitary sewer special assess- ment encumbrance lien as to any and all other land on which the special assess. ment has attached other than the streets, easements and other areas to be conveyed or dedicated to the public and the City of Dubuque, Iowa, by said plat - provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all street to grade and to construct concrete curb and gutter and to hard surface Olde Country Lane, Country Cove, Olde Country Court, Arbor Hills Drive and High- land Park Drive with bituminous con- crete, or with concrete paving with in- tegral curb, all in accordance with Ci- ty of Dubuque standard specifica- tions; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plap,s submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with the plat; 8. To install concrete sidewalks as re- quired by Ordinances, and where di- Regular Session, June 5, 1978 Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat, and the Mayor and Clerk are here- by further authorized and directed to en- dorse upon said plat as the holder of the 32nd Street sanitary sewer special as- sessment encumbrance lien, the consent of the City of Dubuque to such platting and a release from the said 32nd Street sanitary sewer special assessment em- cumbrance lien of all streets, easements and other areas dedicated by said plat to the public and to the City of Dubuque, Iowa. However, the said release shall specify that the City of Dubuque pre- serves its 32nd Street sanitary sewer special assessment encumbrance lien as to any and all other land shown on said plat to which said lien may be attached other than the streets, easements and other areas dedicated to the City of Dubuque and the public by said plat. Passed, adopted, and approved this 5th day of June, A.D.. 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger 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 Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci; RESOLUTION NO. 195.78 Resolution Approving the Plat of Block 7 In "Arbor Oaks" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 7 in "Arbor Oaks" in the City of Dubuque, by Iowa-North- western Development Company, an Iowa corporation; and WHEREAS, upon said plat appear streets to be known as Olde Country Lane, Country Cove, aide Country Court, Arbor Hills Drive, and Highland Park Drive, together with certain public utility easements which the Owners by said plat have dedicated to the public for- ever; and WHEREAS, said plat has been exam. ined by the City Planning and Zoning Commission and had its approval en- dorsed thereon; and Member King. Regular Session, June 5, 1978 sanitary sewer special assessment en- cumbrance lien of all streets, easements and other areas dedicated by said plat to the public and to the City of Dubuque, Iowa. However, the said release shall specify that the City of Dubuque pre- serves its 32nd Street sanitary sewer special assessment encumbrance lien as to any and all other land shown on said plat to which said lien may be attached other than the street, easements and other areas dedicated to the City of Du- buque and the public by said- plat. Passed, adopted, and approved this 5th day of June, A.D., 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members RESOLUTION NO. 194.78 Resolution Approving Plat of Subdivi. sian of lot B of lot 2 of lot 1 of lot 1 of Lot 101 Lot 1 of Lot 1 of Lol20f Lot 1 of lot 1 of High-land Farm, Dubuque County,lowa, now in the City of Dubu- que, Iowa; and of the SubdivIsion of lot 20, Block 6 in "Arbor Oaks" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot B of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High- Land Farm, Dubuque County, Iowa, now in the City of Dubuque, Iowais platted as Lot 1 and Lot 2 of the Subdivision of Lot BofLot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High-Land Farm, Dubuque County, Iowa, now in the City of Dubuque, Iowa; and in which plat Lot 20, Block 5in "Arbor Oaks" in the City of Dubuque, Iowa is platted as Lots 1 and 2 of the Subdivision of Lot 20, Block 5 in "Arbor Oaks" in the City of Dubuque, Iowa; and WHEREAS said plat has been exam- ined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been exam- ined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. ~~;{J ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Hills Member King. RESOLUTION NO. 193.78 A Resolution Approving the Plat of Subdivision of Lot 1 of Loll of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lol2 of Lot 1 of lot 1 of Highland Farm, Dubuque County,lowa, now in the City of Dubu- que, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot lofLot 1 of Lot 1 of Lot lofLot2 of Lot 1 of Lot 1 of High-Land Farm, Du- buque County, Iowa, now in the City of Dubuque, Iowa, is platted as Lot I, Lot 2, Lot 3, Lot 4, and Lot 5, each of the sub- division of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of High-Land Farm, Dubuque County, Iowa, now in the City of Dubuque, Iowa; and WHEREAS said plat has been exam- ined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been exam- ined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat, and the Mayor and Clerk are here- by further authorized and directed to en- dorse upon said plat as the holder of the 32nd Street sanitary sewer special as- sessment encumbrance lien, the consent of the City of Dubuque to such platting and a release from the said 32nd Street 260 of new public roadways, Arbor Drive and Highland Park Drive. In reviewing the final plats, the Plan- ning and Zoning Commission has found them to be in conformance with the ap- proved preliminary plat of the area and are in compliance with the Subdivision Regulations and the Zoning Ordinance of the City of Dubuque, Iowa. The City Planning and Zoning Com- mission has voted to approve the final plats herein described and recommends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development 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, Wertzberger. Nays-None. Absent-Counci ",d,,"_.I'i section, Including Signalization, Crossover, and Deacceleration Lanes in Accordance with the Plans and Specifications Dated September 8, 1977 and Approved by the Office of tha City Engineer, Dubuque, lowaj the 10. wa Department of Transportation Res- Ident Englneerj and the Iowa Depart. ment of Transportation District Engin. eer, at the'lntersection at U.S. 20 at the Site of the Midway Motor Lodge.Hoft. man House Restaurant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA Section 1: a. That the grantee agrees to con- struct the intersection as described above concurrent with the construc- tion of the complex. Signals will be in- stalled upon delivery from the ap- proved manufacturer, and operation- al prior to the occupancy of the site. The entire cost thereof including the cost of engineering and inspection will be paid by the grantee. b. That said intersection shall be con- structed in accordance with plans ap- proved by the Iowa Stae Department of Transportation and the City Man- ager and under the supervision and direction of the Iowa Department of Transportation. c. That the grantee shall enter into a contract for the construction of said intersection a well qualified contrac- tor which contract, among other things, will contain a clause requiring the contractor to obtain all necessary permits required by the City of Dubu- que and the Iowa Department of Transportation, a clause obligating the contractor and his bondsman to keep said intersection in good repair for a period of not less than four (4) years from the date of acceptance of the work, and a clause requiring the contractor to furnish surety bond with the City of Dubuque named as one of the obligees, guaranteeing the faithful performance of said contract. d. That upon completion of said in- tersection and the acceptance of the same by the City Council, said in- tersection shaH become public under the exclusive charge and control of the City of Dubuque and the Iowa De- partment of Transportation. Section 2. That the authority granted herein shall terminate on April 17, 1979, unless the terms and conditions of this ordinance are accepted in writing by the grantee prior to that date. Section 3. This resolution shall be in full force and effect from and after its final passage, adoption and publication as provided by law. 263 Regular Session, June 5, 1978 Passed, adopted, and approved this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members Regular Session, June 5, 1978 Dated at Dubuque, Iowa. this 16th day of June, 1978, lOW A-NORTHWESTERN DEVELOPMENT COMPANY By: James A, Schwers President By: Carolyn E. Thompson, Secretary-Treasurer 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, Wertzberger. Nays-None, Absent - Council Member King. (A Resolution Accepting Improvement: RESOLUTION NO. 197.78 WHEREAS, the contract for the Cen- tral A venue Street Lighting from 9th Street to 12th Street has been com- pleted and the City Manager has exam- ined the work and filed his certificate stating that the same has been com- pleted according to the terms of the con- tract, plans and specifications and recommends its acceptance, now there- fore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby direeted to pay to the contractor from the funds to be realized from the Rev- enue Sharing Fund issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, adopted, and approved this 5th day of June, 1978, Thomas A, Tully Jr. Mayor Richard Wertzberger 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, Wertzberger, Nays-None. Absent-Council Member King. RESOLUTION NO. 198.78 A Resolution Granting Mi Lo Asso- ciates the Right to Construct An Inter. To: Leo F. Frommelt City Clerk This is to certify that the security pro- vided by the foregoing RESOL UTION NO. 195.78 has been furnished by the 1978 To the Honorable Mayor and City Council The construction of the Central A ve- nue Street lighting from 9th Street to 12th Street has been substantially com- pleted in accordance with plans and specifications by Tri-State Paving, Divi- sion of Dubuque Stone Products Com- pany, Inc. of Dubuque, Iowa, Gilbert D, Chavenelle 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, Wertzberger. Nays-None. Absent-Counci FINAL ESTIMATE 'RESOLUTION NO. 196.78 WHEREAS, the contract for the con- struction of the Central A venue Street Lighting from 9th Street to 12th Street has been completed and the City Engineer has submitted his final estimate showing th,e cost thereof in- cluding the cost of estimates, notices, in- spection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, 'fhat the cost of said improvement is hereby determined to be $26,764.12. That none of the cost thereof shall be assessable upon private property and $26,764.12 shall be paid from the Rev- enue Sharing Fund of the City of Du- buque. owners. Dated at Dubuque, of June, 1978, Gilbert D. Chavenelle City Manager Council Member Farrell moved adop- tion of the Resolution, Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None, Absent - Counci this 19th day Member King. Member King. May 24, Iowa, rected by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with plans submitted with the plat; g. To construct the foregoing im- provements in accordance with plans and specifications approved by the Ci- ty 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 accep- tance by the City of Dubuque, Iowa; I. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the subdivider, Iowa-North- Western Development Company, an Iowa corporation, as owner; j. To construct said improvements, except sidewalks and street lighting prior to November 1, 1979, and to con- struct the sidewalks and street lighting prior to November 1, 1981; and further provided that said Iowa- Northwestern Development Company, an Iowa corporation, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such se- curities as may be acceptable to the City Manager, Section 3. That in the event Iowa- Northwestern Development Company, an Iowa corporation, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedica- tion and approval of the plat shall not be effective, ACCEPTANCE OF RESOLUTION NO. 195.78 We, the undersigned, Iowa-North- western Development Company, having read the terms and conditions of the foregoing Resolution No. 195-78 and be- ing familiar with the conditions thereof, hereby accept the same and agree to per- form the conditions required therein, 262 Passed, adopted, and approved this 5th day of June, A.D.. 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E, Brady Carolyn Farrell Council Members ATTEST: Leo F, Frommelt City Clerk 265 These amendments are proposed at this time in response to communications from the Federal Insurance Administra- tion. That agency has notified the City that it must establish flood plain man- agement regulations consistent with Federal criteria by July 3, 1978. or lose eligibility under the National Flood In- surance Program. The Planning and Zoning Commission has unanimously approved the proposed amendments and recommends your fav- orable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Council Member Farrell 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, W ertzberger. Nays-None. Absent - Council Member King. Regular Session, June 5,1978 ward the required documents to the Iowa Department of Transportation. Passed, adopted, and approved this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger Carolyn Farrell Council Members AN ORDINANCE of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Section 1-101.3.3 of Article I adding Special Plan- ning Districts to the list of special pur- pose districts established by the Or- dinance; and further by enacting a new Section 4.111 of Article IV, creating Special Planning Districts, prescribing therein, General Provisions, a General Statement of Intent, Effect of Special Planning District Designation, and Special Plan approval, presented and read. Council Member Farrell moved that the reading just had be conSidered the first reading of the Ordinance. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent- Council Member King. Council Member Farrell moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Council Member Farrell moved that a public hearing be held on the Ordinance on June 28, 1978 at 4:30 o'clock P.M. in the Council Chamber at the City Hall ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved that Welu Street be deleted from the three year street Construction Program. Se. conded by Council Member Wertzber- ger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Members Brady, Wertzberger. Nays - Mayor Tully, Council Member Farrell. MOTION FAILED. Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote; Yeas-Mayor Tully, Council Mem- bers Farrell, W ertzberger. Nays-Council Member Brady. Absent-Council Member King. Council Member Farrell moved that the City Clerk be instructed to notify property owners subject to possible as- sessment for construction of future street improvements. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. May 18, 1978 Honorable Mayor and Council Members RE: Proposed Zoning Amendments Special Planning Districts Special Flood Hazard Overlay Districts The City of Dubuque Planning and Zoning Commission has held a public hearing on certain amendments to the text of the City of Dubuque Zoning Or- dinance which provide for the establish- ment of Special Planning Districts and Special Flood Hazard Overlay Districts. Copies of the proposed amendments are attached. The first amending ordinance pro- vides for the creation of Special Plan- ning Districts to allow for theapplica- tion of specialized regulations in par- ticular areas where conditions require such attention. The second ordinance provides for the establishment of two overlay districts in flood hazard areas in which specific performance standards for new development and substantial im~ provements are applied. ."-~.",,,,,..._,,.:, -~~_.~ Section 1.That the delivery of replacement deed to William C. Brown Publishers covering the following de- scribed real estate: Lot 2 of Block 1 of River Front Sub. No.5 in the City of Dubuque, Iowa containing 3.6371 acres more or less be and the same is hereby approved sub- ject to furnishing proof to the satisfac- tion of the City Manager that any and all real estate taxes due and owing have been paid or in the alternative, that sat- isfactory arrangements have been made for payment of same. Section 2. That the City Clerk be and he is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder and in the of- fice of the City Assessor in and for the City of Dubuque, Iowa. Regular Session, June 5, 1978 Passed, adopted, and approved this 5th day of June, 1978. Richard Wertzberger Mayor Pro- Tem James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk 264 Passed, adopted, and approved this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counc: RESOLUTION NO. 200.78 Resolution Approving a Tentative Three Year Street Construction Pro- gram and Submitting Same to the Iowa Department o' Transportation WHEREAS, the office of the City En- gineer has prepared, in accordance with instructions from the City Manager a Tentative Street Construction Program for the years 1978, 1979 and 1980; and WHEREAS, said construction pro- gram shall be filed with the Iowa Depart- ment of Transportation by June 12, 1978 for the purpose of allocating Road Use Taxes to Municipalities; and WHEREAS, this Council has re- viewed the Tentative Street Construc- tion Program of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT resolved by the City Council of the City of Dubu- que, Iowa, that the. Tentative Three Year Street Construction Program for the years 1978, 1979 and 1980 as prepared by the City Engineer, be and the same is hereby approved and the Ci- ty Manager is hereby directed to for- Member King. ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 198.78 Donald R. Staley, Managing Partner of Mi Lo Associates having full know- ledge and understanding of all the terms and conditions of Resolution No. 198-78, hereby accepts the same as passed and agrees to comply with the terms and con- ditions thereof. Adopted this 5th day of June 1978. Isl Donald R. Staley Managing Partner, Mi Lo Associates Donald Staley of the Iowa Depart- ment of Transportation spoke to the resolution - Intersections to be 320 feet apart. Mayor Pro-Tern Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Pro-Tem Wertzberger, Council Members Brady, Farrell. Nays - None. Abstain-Mayor Tully. Absent-Council Member King. Communication of Attorney H. F. Reynolds for William C. Brown Com- pany Publishers, relative to a lost or misplaced deed for property purchased in 1974, presented and read. Council Member Farrell moved that the commu- nication be received and filed. Seconded by Council Member Wertzberger. Car- ried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, W ertzberger. Nays-None. Absent-Council Member King. RESOLUTION NO. 199.78 WHEREAS, the City of Dubuque, Iowa has heretofore executed and delivered deed to William C. Brown Pub- lishers, dated June 3, 1974 covering the real estate hereinafter described; and WHEREAS, on May 23, 1978 written communication was received from Mr. H. F. Reynolds, attorney for William C. Brown Publishers stating that they had not recorded said deed and same has been misplaced and cannot be found for present recording and requesting delivery of replacement deed. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: -~ ~-,."."....~~._."~~'"'\~;~~" 266 267 Regular Session,June 5, 1978 Dubuque Packing Co., 701 East 16th St. Eagle Discount Center #109, 200 S. Locust St. Eagle Discount Supermarket #130, 1800 Elm St. Eagle Discount Supermarket #144, 3033 Asbury St. May's Drug Store #204,3049 Asbury St. Patrick Fenelon, 3130 Jackson Street Nellie Jane Fitzgibbons, 1700 Central A venue Ted J. and Georgia Heinz, 1278 Central A venue Ron's Barrell Tap, 1121 University Ave- nue Imperial Road Junnie's Lounge, Ltd., 2095 Kerper Blvd. Thomas E. Kessler, 1993 Asbury Road Joseph Kiefer, 2301 University Ave. JoAnn H. Klauer-Pamela Schurbon, 1097 Jackson Street James J. Klauer-Robert D. Klauer, 1646 Asbury Road Miracle Car Wash Inc., 255 Locust St. Montgomery Ward & Co., 555 John F. Kennedy Road Nash Finch Company, John F. Kennedy Road Palmer Drug Co., 2600 Dodge Street Thelma Paradiso, 3058 Asbury Road Richard M. Richman, 1618 Central A ve- nue Riverside Bowl, 1860 Hawthorne Ruegnitz Drug, 629 Rhomberg Ave. Robert's Food Service, Inc., 62 Locust St. Liberty Restaurants Inc., 401 Central Ave. Raymond Tschiggfrie, 1190 Dodge St. Daniel W. and Marilyn K. Bauer, 351 Dodge St. Adella Ferring, 385 East 13th St. Heron Inc., 709 University Ave. Leonard Oil Company, 1387 Dodge St. Martin Oil of Dubuque, 280 Locust St. Martin Automatic Carwash, 2175 Cen- tral Ave. Patricia Revelle, 2776 Jackson St. R. & S. Enterprises, 485 Central Ave. Alice B. Weber, 1187 Iowa Street Kermit Meyer, 336 Main Street this Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote:C 3505 Stoneman Thomas A. Tully Jr. Mayor Richard Wertzberger James E. Brady Carolyn Farrell Council Members Passed, adopted, and approved 5th day of June, 1978. Inc. ATTEST: Leo F. Frommelt City Clerk Lanes RESOLUTION NO. 201.78 BE IT RESOLVED, By 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 Cigarettes wi,thin the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. George K. Arvamtis, 1958 Central Ave nue Alfred Brandt, 2600 Central A venue Clark Oil & Refining Corp., 1005 Dodge Street Cremer Grocery Co. Inc., 731 Rhomberg A venue Dodge House Motel, 701 Dodge Street Eska Company, 2400 Kerper Blvd. Hardie's Drive In, 703 Dodge Street Hartig Drug Company, 700 Town Clock Plaza Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2225 Central A venue Hartig Drug Company, 2255 John F. Kennedy Road Holiday Oil Dist., Inc., 400 Rhomberg Holiday Oil Dist., Inc., 605 Dodge Street Holiday Oil Oist., Inc., 14th and Central A venue Holiday Oil Dist., Inc., 980 Dodge Street Holiday Oil Dist.,Inc., 1685 John F. Ken- nedy Road Iowa Oil Company - Station #33, 1481 Dodge Street James L. Norton, 902 Main Street Osco Drug, Inc. #849, 703 Main Street Eugene A. Otting, 1689 Elm Street Mathias Schneller, 2372 Central A venue W. S. Sheppley Co., Town Clock Plaza Thompson's Food Markets, Inc., Oky Do- ky #6, 1256 Iowa Street Thompson's Food Markets, Inc., Oky Do- ky #9, 51 West 32nd Street Thompson's Food Markets, Inc., Oky 00- ky #15, 1545 S. Grandview A venue Vivian Heinz, Oky Doky #7, 3301 Penn- sylvania A venue Will-Co.. Inc., Oky Doky #10, 805 West 5th Street Richard Tigges, 1701 Asbury Road Transcalle, Inc., 2260 John F. Kennedy Road Walgreen Co., 555 John F. Kennedy Road Chuck Wong, 376 Main Street A. Y. McDonald Mfg. Co., 12th and Pine Street Beecher Co., Inc., 2399 White Street Beecher Co., Inc., 1691 Asbury Road William Billikas, 926 Main Street Bishop Buffet, Kennedy Mall Donald Bradley, 1091 Main Street Canfield Hotel, Inc., 36 West 4th St. Dubuque Municipal Airport, Highway 61 South Regular Session, June 5,1978 division" and "Sunset Park Subdivision No.4". The property is located on the south side of Pennsylvania A venue west of the Hamilton Glen Aprtments in the City of Dubuque, Iowa, and the develop- ment scheme is depicted on the attached maps. The plats are desribed as follows: 1) a subdivision of Lot 1 of Lot 2 and Lot 3 in "Byrne's Subdivision" into Lot 1 and Lot 2 of Lot 1 of Lot 2 of "Byrne Subdivi- sion" and Lot 1 and Lot 2 of Lot 3 of "Byrne Subdivision"; and 2) subdivides portions of the first plat into Blocks 1, 2, 3, 4 and 5 of "Sunset Park Subdivision No.4". In their review the City Planning and Zoning Commission has found that the final plats are in conformance with the approved preliminary plat of the area and are in compliance with the Subdivi- sion Regulations of the City of Dubuque, Iowa. The City Planning and Zoning Com- mission has voted to approve the final plats herein described and recommends 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 Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. A RESOLUTION Approving plat of the Sub. of Lot 1 of 2 and Lot 3 in Byrnes Sub.; A RESOLUTION Approving plat 01 Lots 1-30 incI. Block 1, Lots 1-26 incl. Block 2, Lots 1-10 incI. Block 3, Lots 1-13 incI. Block 4, Lots 1-3 incl. Block 5 all in Sunset Park Sub. No.4, presented and read. Attorney Leo McCarthy spoke to the resolutions stating Donovan Drive is a collector street; also concerned about Welu Drive, John White and Vern Schlitz addres- sed the Council relative to the resolu- tion. Council Member Wertzberger moved adoption of the Resolutions. Seconded by Council Member Farrell. VOTE ON THE MOTION WAS FOL- LOWS: Yeas - Council Members Farrell, Wertzberger. Nays -Mayor Tully, Council Member Brady. Absent-Council Member King. MOTION FAILED. Council Member Brady moved to table the Resolution. MOTION DIED FOR LACK OF A SECOND. Member AN ORDINANCE of the CIty of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appendix A there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Section 4-111.2 of Article IV, creating Special Flood Hazard Overlay Districts, prescribing therein a General Statement of Intent, Supplemental Definitions, General Pro- visions, Establishment of Flood Hazard Overlay Districts, Standards for the Floodway Overlay and Floodway Fringe Overlay Districts, Floodway Fringe Overlay District Provisions, Floodway Overlay District Provisions, and Admin- istration, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance, Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Council Member "Farrell moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Council Member Farrell moved that a public hearing be held on the Ordinance on June 28, 1978 at 4:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Coun- cil Member W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent - Council Member King. May 23, 1978 Honorable Mayor and Council Members FINAL PLATS: "BYRNE'S SUBDI- VISION" and "SUNSET PARK NO.4" The City of Dubuque Planning and Zoning Commission has reviewed two fi- nal plats of property in "Byrne's Sub- and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Coun~ cil Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Councr King. 269 iug time of the bus at 8:20 A.M. on Sat- urdays, presented and read. Council Member Farrell moved that the commu- nication be referred to the Council and transit Board. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. Wertzherger. Nays-None. Absent- Council Member King, Communication of Mrs. R. Bemis ob- jecting to the Point Bus being on an hour schedule, also objecting to the starting time of 8:20 A,M, on Saturdays, pre- sented and read, Council Member Far- rell moved that the communication be referred to the Council and Transit Board. Seconded by Council Member W ertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Dubuque Council of Churches, in resolution form adopted May 9, 1978, urging the Council to place a high priority on providing an adequate- ly funded and workable bus system as a part of the normal set of community ser- vices, presented and read. Audrey Mortenson of the Council of Churches spoke to the Council re- questing that the bus system remain high on the list of services. Council Member Farrell moved that the communication be referred to the Council and Transit Board. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci Member King. Petition of Berta Defendi et al (79 signers) objecting to the curtailment of bus service as proposed, presented and read. Council Member Farrell moved that the petition be referred to the Coun- cil and Transit Board. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Petition of Anthony Eberhardt et al (78 signers) and Petition of Mary L. Kit- chen et al (2663 signers) requesting in- crease in Key Line Budget, to authorize from unencumbered funds of the City, Grant Key Line Board four to six year plan for improvements, presented and read. Council Member Farrell moved that the petition be referred to the Coun- cil and Transit Board. Seconded by Regular Session, June 5, 1978 railroad tracks north of 7th Street however being concerned about repair of tracks south of 7th Street, 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, Wertzberger. Nays - None. Absent-Council Member King. Communication of Peoples Natural Gas notifying they have put into effect on April 1, 1978 a portion oUts proposed increase filed on March 1, 1978, said in- crease is lower than originally proposed, 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, Wertzberger. Nays-None. Absent-Council Member King. Communication of James Meyer of 1525 Alta Vista requesting enforcement of parking regulations "No Parking" on the north side of Vernon St., presented and read. Council Member Wertzberger moved that the communication be re- ferred to the City Manager and Traffic Department. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Mary Sack plead- ing that no permanent barricades be placed at Pennsylvania and Keyway, presented and read. Council Member Wertzberger moved that the communi- cation be referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Al?sent-Council Member King. Communication of Rosemary Wilhelm by Gibson Realtors, requesting vacation of an alley in Brunskill Addition located at 2774 University Ave., presented and read. Council Member Wertzberger moved that the communiction be re- ceived and filed and referred to City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Mrs. Ethel Ernzen, 1550 Butterfield, objecting to the start- ,_....- -~_._,~....~.."'_C4.~~~..;;:.-.>,,,1X 2'..........,"'"'"..;:;;c..-,~~..-/._ ~.~..-. 268 Regular Session, June 5, 1978 Heron, Inc., 709 University Ave. J. & RC Inc., 431 Rhomberg Ave. Eugene A. Otting, 1689 Elm St. Riverside Bowl, Inc., 1860 Hawthorne St. Passed, adopted, and' approved this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger 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, Wertzberger. Nays-None. Absent-Council Member King. Communication of Public Works Director Murray submitting a copy of the Draft Environmental Impact State- ment for the North-West Arterial Road, presented and read. Council Member Wertzberger moved that the communi- cation be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of City Attorney sub- mitting information from the Dubuque Screw Products Inc. advising that at present they still have no plans for con- struction on Lot 5 of Block 1 River Front Sub. No.5, presented and read. Council Member Farrell moved that the commu- nication be received and filed and refer- red to City Attorney for finalization. Seconded by Council Member Wertz- berger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Petition of Dubuque Cycle Club re- questing permission to sponsor the Se- cond Annual Dubuque Bicycle Race on Labor Day, presented and read. Council Member Wertzberger moved that the petition be approved subject to im- plementation of t}le City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, W ertzberger. Nays-None. Absent-Council Member King. C~munication of Dock Commission endorsing action taken in repairing Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, W ertzberger. Nays-None. Absent-Council Member King. RESOLUTION NO. 202.78 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 bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "B" BEER PERMIT Alice B. Weber, 1187 Iowa St. Dubuque Art Association (Also Sunday Sales) 8th and Central CLASS "C" BEER PERMIT Vivian Mary Heinz (Also Sunday Sales) 3301 Pennsylvania Ave. Passed. adopted, and approved this 5th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger 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, Wertzberger. Nays-None. Absent-Council Member King. RESOLUTION NO. 203-78 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 RE- SOLVED, By the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Li- cense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE American_Legion, Dubuque Post #6, 1306 Delhi St. Tail 'N Ale of Dubuque, Iowa, Inc. 2560 Dodge St. _.""~.ti- '~"""'''''''~'.~...''-+.~'H..-,,~. ~ 270 271 of May 17, 1978, and determined that consideration of such amendments is appropriate and that further study is warranted. Consequently, the Commis- sion has voted to table the proposals to their meeting of June 21, 1978, to give the staff an opportunity to review them. Accordingly, the Planning and Zoning Commission has voted to request your body defer action at your scheduled pub- lic hearing and reconvene it at such time as the Commission has had an opportuni- ty to study the amendments and return their recommendation to you. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development Council Member Brady moved that the communication be received and filed and Council concur with request. Seconded by Council Member Wertzber" ger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent~Council Member King. Communication of Human Rights Commission submitting minutes of their meetings of April 20 and May 11, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Airport Commis- sion submitting minutes of their meet- ing of May 11, 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, Wertzberger. Nays-None. Absent~Council Member King. Communication of Community Devel- opment Commission submitting minutes of their meeting of May 9, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas~Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays~None. Absent-Council Member King. Communication of DMA TS submit- ting minutes of their meeting of May 25, 1978, presented and read. Council Mem- ber Wertzberger moved that the min- Regular Session, June 5, 1978 pletion of his term in May, presented and read. Council Member Wcrtzberger moved that the resignation be accepted with regret. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger, Nays - None. Absent-Counci Member King. May 23, 1978 Honorable Mayor and Council Members RE: COMMERCIAL DISTRICTS AMENDMENT BARS AND TAVERNS The City of Dubuque Planning and Zoning Commission has received your communication referring Councilman Brady's amendment proposals seeking to revise provisions in Commercial Districts to enact standards for reg- ulating the size of bars and taverns and prescribing requirements for restroom facilities and parking for such estab- lishments. The Planning and Zoning Commission reviewed the proposals at their meeting Member King. May 22, 1978 Honorable Mayor and Council Members RE: FINLEY HOSPITAL EXPANSION FINAL DEVELOPMENT PLAN AP- PRO V AL The City of Dubuque Planning and Zoning Commission has reviewed the Fi- nal Development Plan submitted by Fin- ley Hospital for their ID Institutional District Planned Unit Development. Finley Hospital is proposing an expan- sion of medical facilities and related uses on their property located south of Delhi Street and west of North Grandview A venue in the City of Dubuque, Iowa. The Commission has found that the Fi- nal Development Plan meets the criteria for approval as set forth'in the Zoning Ordinance and has voted unanimously to grant approval of the Plan. A copy of the Site Plan has been sent to the Building Department and adherence to it will be monitored by the Building Commission. This communication is to inform you of the approval of Finley's Final De- velopment Plan and no further action is required of the City Council. 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, Wertzberger. Nays-None. Absent-Council Regular Session, June 5, 1978 Member King. Communication of City Manager re- commending installation of a street light at the northeast corner of Windsor & Providence Streets.. Raymond Leusch- ner petition, presented and read. Coun- cil 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, Wertzberger. Nays-None. Absent-Council Member King. Communication of Allan J. Carew sub- mitting his resignation from the Plan- ning & Zoning Commission at the com- Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzbcrger. Nays-None. Absent-Council Member King. Petition of Robert Millius et al (4 signers) praying for relief in the parking of a 24 ton tandem truck parked in Beck- er Court as a daily occurrence, pre- sented and read. Walter Becker, Robert Millius and Joyce Becker spoke to the Petition requesting to have truck moved; 5 ton truck limit be put on the street. Council Member Wertzberger moved that the petition be received and filed and referred to City Manager and Traffic Department. Seconded by Coun- cil Member Farrell. Carried by the following vote: Yeas-Mayoi' Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of City Manager re- commending that City owned Lots 138 & 139 Mechanic's Addition not be sold due to the existence of a storm sewer and abutting the Kaufmann Ave. steps in re- ply to inquiry of Bisping Realty. pre- sented and read. Council Member Brady moved that the recommendation be ap- proved. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of City Manager recommending that City owned Lots 314 & 315 in Lennox Addition not be sold due to the existence of a storm sewer in reply to inquiry of Herrig Real Estate, pre- sented and read. Council Member Brady moved that the recommendation be ap- proved. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci Les Gardner addressed the Council stating the Dubuquefest is a non-profit organization; Arts Festival to be held in 1979; Seeking support ideas and Staff time to help promote these events; Funding from Iowa Arts Program in- dicating a request letter of intent by the Council by July 1st, in the amount of $4000.00 as a matching fund. Council Member Brady moved that the petition be received and filed and Mayor be authorized to draw up a letter of intent for maximum matching funds in amount of $4000.00. Seconded by Council Member Farrell. Carried by the follow" ing vote: Member King. Petition of West 11th St. Community Development Committee, requesting to address the Council relative to a pro- posal for purchase of house at 567 Ar- lington St. to be used as a neighborhood center, estimated rehab. cost of $17,700., presented and read. Council Member Wertzbcrger moved that the petition be received and filed and referred to Coun- cil and Community Development Com- mission. Seconded by Council Member Brady. Carried by the following vote: Council Member Werb:berger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of City Manager sub- mitting a report from Public Works Di- rector Murray relative to leasing space in Medical Associates Building and re- commending concurrence, presented and read. Mrs. Judy Reilly, Chairman of Youth Services, stated their department would want to be excluded from a move. Council Member Wertzberger moved that the recommendation be amended and City Manager directed to proceed. MOTION DIED FOR LACK OF A SE- COND. Council Member Wertzberger moved that the communication be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent - Couner Member King. Petition of Dubuquefest requesting to address the Council to solicit support for their Dubuquefest activity, presented and read. 273 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. Wertzberger. Nays-None. Absent-Council Member King. Notice of Claim of Donald & Darlene M. Christ. Margaret Casey, John Deere Insurance Co., in an undetermined amount, for damages incurred as the re- sult of the Christ home being struck by a Keyline Bus on March 25. 1978, pre- sented and read. Council Member Wertzberger moved that 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. Wertzberger. Nays - None. Absent - Council Member King. Notice of Claim of Gregory Luschin- ger, in the amount of$1000., for property damage incurred as the result of a backed-up sewer at 1916 Lagen St. on May 13, 1978, presented and read. Coun- cil Member W ertzbergermoved 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, Wertzberger. Nays-None. Absent - Council Member King. Notice of Claim of Daniel G. RoseHep. in the amount of $98.70 for car damage incurred as the result of driving over buckled-up pavement on Pennsylvania Ave. on May 21, 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, Wertzberger. Nays - None. Absent - Council Member King. Notice of Claim of Viola M. Cosley, in the amount of $225., for property dam- age incurred as the result of a backed-up sewer at 127 N. Booth St. on May 12th & 13th, presented and read. Council Mem- ber Wertzberger moved that the Notice of Claim be referred to the City At- torney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays--None. Absent-Counci! King. Member Regular Session, June 5, 1978 Cullough in the amount of $10.00 be ap- proved and that the City Auditor be in- structed to draw warrant payable in the amount of $10.00 to said claimant and transmit same to the City Attorney for delivery upon receipt of appropriate releases. Original claim is returned herewith. R. N. Russo City Attorney Council Member Wertzberger moved that the recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of City Attorney recommending denial of sewer back-up claim of David A. Baumann, as same has been amicably disposed of; Recommen- ding denial of car damage claim of Marty Adkins; Recommending denial of water damage claim of Arthur Bast; Recom- mending denial of car damage claim of William H. Baker, amicably disposed of; Recommending denial of car damage claim for Ambrose Blake, amicably disposed of; Recommending denial of car damage claim of Harry F. Radloff; Recommending denial of car damage claim of Lloyd F. & Barbara Auderer; Recommending denial of claim of Ameri- can Trust & Savings Bank, Clement McGuire Trust, amicably disposed of, presented and read. Council Member Wertzberger moved that the recommen- dations of denial be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Notice of Claim of Mrs. John C. White- head, in the amount of$1775. for damage incurred as the result of a backed-up sewer at 1906 Elm Street on May 13, 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, Wertzberger. Nays-None. Absent-Council Member King. Notice of Claim of Richard & Janice Rapp, in an undetermined amount, for damage incurred as the result of a backed-up sewer at 1925 Grant St. on May 13,1978, presented and read. Coun- cil Member Wertzberger moved that the --"""""'lI_~~,;";;""-",,,,, Regular Session, June 5,1978 of their meeting of May 23, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, W ertzberger. Nays-None. Absent-Council Member King. Communication of Citizens Advisory Commission submitting minutes of their meeting of May 23, 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, Wertzberger. Nays-None. Absent-Council Member King. Communications from D.E.Q. submit- ting supplement to construction permit for modification of the Fluoride Installa- tion Water Treatment Plant Expansion; also receipt of water extension plans submitted by Asbury Springs Subdivi- sion #4, presented and read. Council Member Wertzberger moved that the communications be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Housing Rehab. Program submitting summary of activi- ty as of May 18, 1978, 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, Wertzberger. Nays-None. Absent-Council Member King. May 19, 1978 Honorable Mayor and City Council Claim was filed by Delbert J. McCul- lough of 1860 Carter Road on April 28, 1978, claiming that on March 19, 1978, while attempting to park his motor vehi- cle on Stetmore Street, the pavement collapsed causing the wheel of said vehi- cle to fall into a 5'x5'x4' hole. Claimant required towing services to remove said vehicle, which company charged him $10.00 for said services. This matter was referred to the City Attorney who has made investigation thereof and has checked with the Street Department and finds that matters are as claimed by the claimant. It is, there- fore, the recommendation ofthe City At- torney that the claim of Delbert J. Mc- ~;,....~.""", "'#_'~_,",7.~_~~' 272 utes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Five Flags Center Commission submitting minutes of their meetings of May 18 and May 23, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Planning & Zoning Commission submitting minutes of their meetings of May 3 and May 17,1978, pre- sented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Housing Commis- sion submitting minutes of their meet- ing of May 16.1978, 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, Wertzberger. Nays-None. Absent-Council Member King. Communication of Transit Trustee Board submitting minutes of their meet- ing of May 3, 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, Wertzberger. Nays-None. Absent-Council Member King. Communication of Playground and Rec- reation Commission submitting minutes of their meeting of May 8, 1978, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Communication of Housing Rehabil- itation Commission submitting minutes ..r."'~ -.~_'''''''''''''''~~ .~,,-....~.,",-'v; 275 1978 1978 Members Regular Session, June 5, 1978 Counci Approved Adopted ATTEST: City Clerk Member King. Proof of Publication. certified to by the Publisher, advising public of Council intent to file a request for release of funds for purchase of cleared land in the Downtown Urban Renewal Project, pre- sented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully. Council Mem- bers Brady. Farrell, Wertzberger. Nays-None. Absent-Council Member King. Proof of Publication, certified to by the Publisher, of Notice of filing of Third Year Community Development Block Grant Program and advising of accep- tance by the Federal Government, pre- sented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully. Council Mem- bers Brady. Farrell, Wertzberger. Nays-None. Absent - Counci There being no further'business, Council Member Wertzberger moved to adjourn. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci Petition of David Rezazadeh re- questing a refund of $50. on unused pOl'. tion of Cigarette License No. 1354, pre- sented and read. Council Member Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. Petition of John Mihalakis requesting a refund of $422.50 on unexpired portion of Beer-Liquor License No. C.5644-77 discontinued business on March 22. 1978, presented and read. Council Member Wertzberger moved that the refund be granted and City Auditor directed to issue proper warrant. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell. W ertzberger. Nays-None. Absent-Counci Member King. Member King. Leo F. Frommelt City Clerk Regular Session, June 5, 1978 Member King. Communication of City Manager sub- mitting report of City Treasurer, Fi- nance Director, Water Superintendent, Health Department, as well as a list of claims paid, for the month of April, 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, Wertzberger. Nays~None. Absent-Council Member King. Proof of Publication, certified to by the Publisher, of List of Claims, Receipts and Disbursements for April, 1978, pre- sented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays~None. Absent~Council Member King. Communication of Robert J. Schultz requesting permission to excavate at 321 Booth and W. 32nd 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, Wertzberger. Nays-None. Absent-Council Member King. Petition of Peoples Natural Gas re- questing permission to excavate in Cen- tral Ave., presented and read. Council Member Wertzberger moved that the petition be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent - Counci Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Ahsent~Council Member King. Communication of City Manager re- commending denial of petition of Ber- trand Thibadeau of 821 Cleveland re- questing division of a lot which would lessen the square foot area required in the R-3 Zoning District, presented and read. Council Member Wertzberger moved that the recommendation of de- nial be approved. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas- bel'S Brad Nays- Absent \Ilayor Tully, Council Mem- y, Farrell, Wertzberger. None. - Co unci King. Member Member King. Notice of Claim of Cyril P. Hillard of 1760 Custer St., in the amount of $3263., for rebuilding a stone wall, abutting the rear of his property, 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, Wertzberger. Nays-None. Absent-Council Member King. Notice of Claim of Charles Nauman. in the approx. amount of $520., for damage incurred as the result of a backed-up sewer at 1915 Grant St. on May 13.1978, 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, Wertzberger. Nays-None. Absent~Counci Member King. Communication of City Manager recommending installation of two 175 watt mercury vapor lights in Arbor Oaks, as the result of petition of Iowa Northwest Development Corp., presen- ted and read. Council Member Wertz- bergeI' moved that the recommendation be approved. Seconded by Council Member Farrell. Carried by the follow- ing vote: Member King. Notice of Claim of Mrs. Michae,l Mur- phy, in the amount of $157.58, for damage incurred as the result of a backed-up sewer at 111 N. Booth Street on May 13, 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, Wertzberger. Nays-None. Absent -Council 274 Notice of Claim of Michael C. Runde, in the amount of $280., for property damage incurred as a result of a backed- up sewer at 2150 Celia on May 12, 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, Wertzberger. Nays-None. Absent-Counci 277 Special Session, June 6,1978 Approved .......... 1978 Adopted. ........ 1978 - ---~ -. Council Members ATTEST, City Clerk Special Session, June 6, 1978 to go into Executive Session with Coun- cil. Clifford Less of Dubuque Packing Co., stated this is a Neutral problem; What- ever is done very accurate data and measurements he used; State source of testing seemed to be more reliable than local; Necessary to be careful - City and Company not to furnish misstatements to the State; Maybe State and Federal are coming down hard on the City. Dick Bond of Dubuque Packing Co. spoke to Council saying Problem is de- signed; During May By-product system is working perfectly; Treatment system is O.K.; Data should be from State Hygenic Laboratory; Contract is a six day average; No six day average is avail- able; This is the first week to really test this; 4 people here from Denmark to help; Not putting 40 G.P.M. stream into Treatment Plant. At 4:15 p.m. Council Member Wertz- berger moved to go into Executive Ses- sion to consult with the City Attorney on legal matters in conjunction with the D.E.Q. Order of the Executive Director and referral to the Iowa Attorney Gen- eral in relation to operation of the City Wastewater Treatment Facility. Se- conded by Council Member Brady. Car- ried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counci King. Council reconvened in Regular Ses- sion at 4:45 P.M. Council Member Farrell moved that the City Solicitor be directed to examine possible legal avenues to enforce com- pliance by the Dubuque Packing Co. and to take whatever action is necessary in his judgment to effect compliance. Se- conded by Council Member Brady. Car- ried by the following vote: Yeas~Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent - Counci King. There being no further business, Council Member Farrell moved to ad- journ. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Councll Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Counei' King. Leo F. Frommelt City Clerk Member Member Member """ CITY OFFICIAL Special Session, June 6, 1978. Council met at 3:00 P.M. (C.D.T. Present: Mayor Tully, Council Me- bers Brady, Farrell, Wertzberger. City Manager Gilbert D. Chavenelle. Absent: Council Member King. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of hearing a Staff Report on the Operation of the Waste Water Treat- ment Facility and acting upon such other business as may properly come before a Regular Meeting of the Council. The following exhibits were prese- ted to the Council for review and con- sideration all relative to the operation of the Waste Water Treatment Facility of the City: Exhibit #1 Iowa Department of Environmental Order of the Executive Director; Exhibit #2 Communication ad- dressed to City Manager Gilbert D. Chavenelle, dated May 16, 1978, from United States Environmental Quality; Exhibit #3 Communication addressed to Leo F. Frommelt, City Clerk - Atten- tion Honorable Mayor and Council - dated May 30, 1978, from Iowa D.E.Q.; Exhibit #4 Dubuque Packing Company Waste Loading Report. May 1978; Ex- hibit #5 Communication addressed to Charles E. Stoltz, President of the Dubu- que Packing Co. dated May 19,1978 from City Manager Gilbert D. Chavenelle. Ci- ty Manager Chavenelle spoke to the Council stating City is in position to start process to serve notice of the Dubu- que Packing Co. according to terms of contract; Recommend enforce stipul- tions of contract; Write the Dubuque Packing Co. on a weeks' notice according to terms of contract. Council Member Brady moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, Wertzberger. Nays-None. Absent-Council Member King. John Walker, Engineering represen- tative from H. D. & R. stated they were retained basically to get plant con- structed; Averages does not mean much. Public Works Director Murray advised Oxygen Plant is working perfectly since a year ago March. City Attorney Russo recommended to try to get Pack to comply; Essentially Ci- ty must comply too; Get release of Fed- eral Funds; Forestall Levy; Requested ',.....,..0; COUNCIL 276 --."";,.; ~"""'"'9~"~ " .~-""'."""'.;;""'''~/,,,~.'''''''''i 279 Special Session, June 12, 1978 Wertz- 1978 1978 Mem- Wertzber- ger. There being no further business, Council Member Brady moved to ad- journ. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays-None. Absent - Counci berger. Application for Transfer of Beer Per- mit by Dubuque Jaycees to Hawthorne Street and Volunteer Drive on June 17 and 18, 1978, presented and read. Coun- cil Member Farrell moved that the transfer be approved. Seconded by Council Member King. Carried by the following vote: Yeas ~ Mayor Tully, Counci bers Brady, Farrell, King. Nays-None. Absent-Council Member Members Leo F. Frommelt City Clerk Member Counci Adopted ATTEST: City Clerk Approved A Resolution Approving the plat of Lots 1-30 Block 1, Lots 1-26 incl. Block 2, Lots 1-10 inc!. Block 3, Lots 1-13 incl. Block 4, Lots 1-3 inc!. Block 5 in Sunset Park Sub. No.4. presented and read. Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Council Members Farrell. King. Nays-Mayor Tully, Council Member Brady. Absent-Council Member Wertz- berger. MOTION FOR ADOPTION FAILED. Mayor Tully instructed the City Clerk to prese.nt the plats for Byrne's Sub. and Sunset Park No.4 again at the next meeting scheduled for June 19, 1978 when the full Council is present. RESOLUTION NO. 204.78 Resolution Authorizing the Submls. sion of a Statement of Concerns to the League of Iowa Municipalities WHEREAS, the League of Iowa Mu- nicipalities represents the interests of Iowa communitiies before the Iowa General Assembly; and WHEREAS, the League of Iowa Mu- nicipalities has requested Iowa cities to submit Statements of Concern for con- sideration and inclusion into a State- ment of Policies for adoption at the League's annual convention in September; NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the Statements of Concern for the City of Dubuque as set forth in Exhibit "A" attached hereto and made a part hereof is approved. Section 2. That the City clerk of the City of Dubuque is hereby authorized and directed to send a copy of this resolu- tion, together with Exhibit "A" to the League of Iowa Municipalities. Passed, adopted, and approved this 12th day of June, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members Mem- Wertz- Special Session, June 12, 1978 ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Counci bers Brady, Farrell, King. Nays-None. Absent - Counci berger. Member ger. MOTION FAILED. A Resolution Approving the plat of the Subdivision of Lot 1 of 2 and Lot 3 in Byrne's Sub. in the City of Dubuque, presented and read. Council Member Farrell moved adoption of the Resolu- tion. Seconded by Council Member King. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas - Council Members Farrell, King. Nays - Mayor Tully, Council Member Brady. Absent-Council Member Wertzber- ger. MOTION FOR ADOPTION FAILED. Wertzber- Mem- Wertzber- ger. Attorney Leo McCarthy addressed the Council requesting plat be approved as a workable plan; Donovan Drive is an arterial street; Cost factor in changes is considerable; Additional cost of $72,000. - HUD 100% behind project. Subdividers Richard and Vern Schiltz requested approval of 81 lots. Council Member Farrell moved that the communication of Planning & Zoning be received and filed. Seconded by Coun- cil Member King. Vote on the motion was as follows: Yeas-Council Members Farrell, King. Nays - Mayor Tully, Council Member Brady. Absent - Counci' OFFICIAL Special Session, June 12, 1978. Council met at 4:30 P.M. (C.D.T.) Present: Mayor Tully, Council Mem- bers Brady, Farrell, King. City Manager Gilbert D. Chavenelle. Absent: Council Member Wertzberger. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called to consider ap- proval of lots in Byrnes Sub., also var" ious lots in Sunset Park Sub. No.4 and acting- upon such business as may pro- perly come before a Regular Meeting of the Council. Communication of Planning & Zoning recommending approval of the final plat of property in Byrne's Sub. and Sunset Park Sub. No.4, presented and read. Council Member King moved to sus- pend the rules to let anyone present ad- dress the Council if they so desire. Se- conded by Council Member Farrell. Car- ried by the following vote: CITY COUNCIL 278 Yeas - Mayor Tully, Counci bers Brady, Farrell, King. Nays-None. Absent-Counc: Member Member '. Special Session, June 19,1978 --.......,',..._.,~,4..~~'":.-.K 281 Section 1. That the dedication of Don- ovan Drive, Alicia Street, Jennifer Street, Marjorie Circle, Amy Court and Carrie Drive, and all easements south of the centerline of Pennsylvania A venue a distance of 38 feet, also together with the easements for public utilities all as the same appears upon said plat; be and the same are hereby accepted and that said streets be and are hereby estab- lished as public streets in the City of Dubuque. Section 2. That the plat of Lot 2 of Lot 1 of Lot 2 and Lot 2 of Lot 3 in "Byrne's Subdivision, Dubuque County, Iowa" in the City of Dubuque, Iowa, and which will hereafter be known as Lots 1.30 in- clusive Block 1; Lots 1-26 inclusive Block 2; Lots 1-10 inclusive Block 3; Lots 1-13 inclusive Block 4; Lots 1-3 inclusive Block 5; all in Sunset Park Subdivision No.4 in the City of Dubuque, Iowa, is hereby approved and the Mayor and Ci- ty Clerk are hereby authorized and di- rected to endorse the approval of the Ci- ty of Dubuque upon said plat providing Schiltz Development Corporation, as owner-developer of said property, hereinbefore named, executes written acceptance hereto attached agreeing: a. To reduce Donovan Drive, Alicia Street, Jennifer Street, Marjorie Cir- cle, Amy Court, and Carrie Drive to grade as shown by the profiles sub- mitted with the plat. b. To surface Donovan Drive a width of 36 feet and surface Alicia Street, Jennifer Street, Marjorie Circle, Amy Court and Carrie Drive a width of 30 feet with asphaltic concrete pavement 8" stone base with integral curb and gutter. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. c. To install sidewalks on both sides of all streets in accordance with the City of Dubuque Standard Specifications for Permanent Sidewalks. d. To install water mains in accor- dance with plans submitted with this plat. e. To install sanitary sewers in accor- dance with plans submitted with this plat. t To install storm sewers in accor- dance with plans submitted with this plat. g. To install the sanitary sewer and water house laterals for each lot to be- hind the property line. h. To construct the foregoing im- provements in accordance with plans and specifications approved by the Ci- ty Manager and under the inspection of the City Engineer. i. To install all street improvements and sewer and water mains for a Special Session, June 19, 1978 City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Cerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. PASSED, ADOPTED AND Ap. PROVED by unanimous roll call this 19th day of June, 1978. Richard Wertzberger D. Michael King Carolyn Farrell ATTEST: Council Members 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, W ertzberger. Nays - Mayor Tully, Council Member Brady. RESOLUTION NO. 207.78 Resolution Approving the Plat of Lots 1.30 Inclusive, Block 1; Lots 1.26 In. elusive, Block 2; Lots 1.10 Inclusive, Block 3; Lots 1.13 Inclusive, Block 4; Lots 1.3 Inclusive, Block 5; All in Sunset Park Subdivision No.4, in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat in which: Lot 2 of Lot 1 of Lot 2 and Lot 2 of Lot 3, in "Byrne's Subdivision, Dubuque County, Iowa" in the city of Dubuque, Iowa, is platted as Lots 1-30 inclusive, Block 1. Lots 1-26 inclusive, Block 2; Lots 1-10inclusive, Block 3; Lots 1"13 inclusive, Block 4; Lots 1-3 inclusive, Block 5; all in Sun- set Park Subdivision No.4 in the City of Dubuque, Iowa, by Sisters of the Presentation, as Con- tract Seller, and Schiltz Development Corporation, as Contract Purchaser, and owner-developer thereof; and WHEREAS, said plat has been exam- ined by the City Planning and Zoning Commission and approved by said body; and WHEREAS, upon said plat appears streets to be known as Donovan Drive, Alicia Street, Jennifer Street, Marjorie Circle, Amy Court, and Carrie Drive, and also easements for public utilities which the owners upon said plat have dedicated to the public forever; and WHEREAS, said plat has been found by the City Council to conform to the Statutes and Ordinances relating thereto except that the streets have not been reduced to grade or paving, sewer, water, or sidewalks installed therein; NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: The City of Dubuque Planning and Zoning Commission has reviewed two fi- nal plats of property in "Byrne's Sub, division" and "Sunset Park Subdivision No.4", The property is located on the south side of Pennsylvania A venue west of the Hamilton Glen Apartments in the City of Dubuque, Iowa, and the develop- ment scheme is depicted on the attached maps. The plats are described as follows: l)a subdivision of Lot 1 ofLot2and Lot 3 in "Byrne's Subdivision" into Lot 1 and Lot 2 of Lot 1 of Lot 20f"Byrne Subdivi- sion" and Lot 1 and Lot 2 of Lot 3 of "Byrne Subdivision"; and 2) subdivides portions of the first plat into Blocks 1, 2, 3, 4 and 5 of "Sunset Park Subdivision No.4". In their review the City Planning and Zoning Commission has found that the fi- nal plats are in conformance with the ap" proved preliminary plat of the area and are in compliance with the Subdivision Regulations of the City of Dubuque, Iowa. The City Planning and Zoning Com- mission has voted to approve the final plats herein described and recommends 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 Far- rell. Carried by the following vote: Yeas-Council Members Farrell, King, Wertzberger, Nays -Mayor Tully, Council Member Brady. RESOLUTION NO. 206.78 Resolution Approving the Plat of the Subdivision of Lot 1 of 2 and Lot 3 in Byrne's Subdivision in the City of Du- buque, Iowa WHEREAS. there has been filed with the City Clerk a plat of Lot 1 of 2 and Lot 3 in Byrne's Subdivision in the City of Dubuque, Iowa by owners Sisters of the Presentation, as Contract Seller and Schiltz Development Corporation, as Contract Purchaser; and WHEREAS, said plat has been exam, ined by the City Planning and Zoning Commission and has its approval en- dorsed thereon; and WHEREAS, said plat has been exam- ined by the city Council and they find that the same conforms to statutes and ordinances relating thereto; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the plat of Lot 1 of 2 and Lot 3 in Byrne's Subdivision in the 280 COU OFFICIAL Special Session, June 19, 1978. Council met at 7:30 P.M. (C.D,T.) 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 considering,approval of plats of Byrne's Sub. and Sunset Park No.4, and acting upon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Rev. Karl Glovik of St. Mary's Church. RESOLUTION NO. 205.78 Proclaiming Jaycee International BB Gun Week. WHEREAS the City of Dubuque is in- terested in young people and promotion of firearm safety WHEREAS the City of Dubuque is in" terested in the promotion of interna- tional goodwill and cooperation and WHEREAS the Dubuque Jaycees are hosting the 1978 International BB Gun Tournament culminating a year long program of firearm safety education and WHEREAS the Dubuque Iowa team will be representing the City of Dubuque and the State ofIowa in said tournament BE IT RESOLVED by the City Coun. cil of the City of Dubuque, that the mayor proclaim the week of June 26th thru July 2nd as Jaycee International BBGun Week and that the City ofDubu- que pledge its cooperation and hospitali- ty to the competitors. Passed, adopted, and approved this 19th day,of June,1978. Thomas A. Tully Jr. Mayor Richard Wertzherger James E. Brady Carolyn Farrell D, Michael King Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. ~econded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. Trophy A wards for the Canoe Trip were presented to Mayor Tully and Council Member Farrell. May 23, 1978 Honorable Mayor and Council Members FINAL PLATS, "BYRNE'S SUBDIVI. SION" AND "SUNSET PARK NO.4" NCIL CITY 283 sideration made a determination that the projects are not major Federal ac- tions significantly affecting the quality of the human environment; now there- fore BE rr RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No Signifi- cant Effect on the Environment for the following identified projects, and to make the Environmental Review Re- cord for said projects available for public inspection. Such notice shall be in the form of Exhibit "An attached hereto and made a part hereof. Construction of 32nd Street Fire Sta- tion Code Enforcement Section 2. That the City of Dubuque hereby declares its intent to adopt a re- solution at its meeting of July 17, 1978, authorizing the submission of a request to the U.S. Department of Housing and Community Development to undertake the projects. , Passed, adopted, and approved this 19th day of June. 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental pro- cedures for the Community Develop- ment Block Grant Program. the City of Dubuque has prepared a Notice of Fin- ding of No Significant Effect on the En- vironment for the Projects identified as follows to be undertaken under Title I of the Housing and Community Develop- ment Act of 1974. Construction of 32nd Street Fire Sta- tion Code Enforcement The City of Dubuque has found that these Projects have no significant effect on the environment based on the follow- ingfacts and reasons. 1. Assessment of the nature. mag- nitude, and duration of any adverse ~pd positive impacts. 2. Consideration of alternatives to the Projects, commitment of re- sources, known views of local groups, measures which can be instituted to lessen potential. adverse impacts and to enhance the environment. 3. No loss of unique environmental resources. Special Session, June 19, 1978 Lot 6 in Block 1 in "River Front Sub- division No.5," in the City of Dubu- que, Iowa; and WHEREAS, the terms of said Option Agreement have been agreed upon and have been reduced to writing; and WHEREAS, said Option Agreement should be'approved; NOW THEREFORE BE IT RE- SOI,VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Option Agree- ment by and between the Klauer Manu- facturing Company and the City of Dubuque, Iowa, dated June 2, 1978 covering the real estate hereinabove described be and the same is hereby ap- proved. Section 2. That the City Clerk is hereby authorized and directed to cause notice of intent to dispose of interest in real estate to be published as is by law required. Approved, adopted and passed this 19th day of June, 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 conti gent upon receiving conveyance back of a small parcel of real estate. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. RESOLUTION NO. 210.78 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Projects WHEREAS, the City of Dubuque will be entering into Grant Agreement B-78-MC-19-0004 with the U.S. Depart- ment of Housing and Urban Develop- ment, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974: and WHEREAS, pursuant to__the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, environmental reviews have been processed for the projects hereinafter to be described to be fi- nanced. with Community Development Block Grant Funds; and WHEREAS, an ad hoc Environmental Review Committee has after due con- -~--,""............~ _.."-~~"''''--Y=.>'' ~,,"",,'.'. ..~,./ 282 Special Session,June 19, 1978 proving the lease with Loras College for the San Jose Center, presented and read. Recreation Director Trueblood spoke to the resolution. Council 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, Wertzberger. Nays-None. RESOLUTION NO. 208.78 WHEREAS, there has been submit- ted to the City Council of the City of Dubuque, Iowa a proposed Lease Agree- ment by and between the City of Dubu- que, Iowa and Loras College for the use of San Jose Pool by the City of Dubuque, a copy of which Lease Agreement is hereto attached and by reference made a part hereof; and WHEREAS, the Dubuque Recreation Commission has approved said Lease Agreement; and WHEREAS, the City Council of the City of Dubuque, Iowa finds that said lease agreement should be approved, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Lease Agreement by and between the City of Dubuque, Iowa and Loras College for the use of San Jose Pool for a period commencing June 1, 1978 and ending May 31, 1980 be and the same is hereby approved. Section 2. That the Mayor and the Ci. ty Clerk be and they are hereby author- ized to execute said Lease Agreement for and on behalf of the City of Dubuque, Iowa. Passed, adopted, and approved this 19th day of June, 1978. Thomas A. Tully Jr. Mayor 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 King. Carried by the following vote: Yeas--Mayor Tully, Council Mem- bers Farrell, King, Wertzberger. Nays-Council Member Brady. RESOLUTION NO. 209.78 WHEREAS, the City of Dubuque. Iowa has been negotiating with Klauer Manufacturing Company in connection with an Option Agreement for the sale by the City of Dubuque, Iowa and the purchase by the Company of period of four (4) years from the date of its acceptance. j. To construct said improvements prior to November 30, 1979. k. To provide the foregoing construc- tion and maintenance at the expense of the owner-developer. and further provided that the Schiltz Development Corporation as owner-de- veloper of said Subdivision secure the performance of the foregoing conditions by providing security in such sums and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Schiltz Development Corporation shall fail to execute the acceptance and furnish se- curity provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted, and approved this 19th day of June, 1978. Richard Wertzberger D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk To: Leo F. Frommelt City Clerk This is to certify that the security re- quired for the foregoing Resolution No. 207-78 has been provided by the owner- developer. Dubuque, Iowa June 19, 1978 Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 207.78 Schiltz Development corporation, having read the terms and conditions of the foregoing Resolution No. 207"78 and being familiar with the contents thereof, hereby accepts the same and agrees to perform the conditions therein required. SCHILTZ DEVELOPMENT CORPORATION By: L. J. Schiltz President and Kathryn Anne Schiltz Secretary Dated June 27. 1978 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 - Mayor Tully, Council Member Brady. Communication of Recreation Com- mission submitting their resolution ap- - --_....~~~_"",.~'"'_~~.;:....~.c_-'" ~..~'" 284 Special Session, June 19, 1978 285 To the Honorable Mayor and City Council The enclosed agreements provide the City of Dubuque the right to construct the RET sanitary sewer upon property owned by the Illinois Central Gulf Railroad Company. The attached resolutions authorize the Mayor to execute the agreements on behalf of the City Council, and directs the City Clerk to file the document with the respective company. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the com'munication 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. 213.78 WHEREAS, the City of Dubuque, Iowa. shall be constructing the R.E.T. Sanitary Sewer to the Hamilton Glen Apartments, and WHEREAS. portions of the project are located on property owned by the Il- linois Central Gulf Railroad, and WHEREAS, it is necessary to obtain the permission of the Illinois Central Gulf Railroad for said installation on their properties. NOW, THEREFORE, be it resolved by the City Council of the City of Dubu- que, Iowa, that the Mayor be and he is hereby authorized and directed to ex- ecute the attached agreement dated Oc- tober 11, 1977 relative to the construc- tion and maintenance ofthe R.E.T. San- itary Sewer, and that the City Clerk be and he is hereby directed to file the docu- ment with the Illinois Central Gulf Railroad. PASSED, APPROVED, AND ADOPTED THIS 19th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members City Clerk request your authorization to execute the agreement as proposed. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the request and the agreement be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays-None. Abstain-Mayor Tully. June 13, 1978 ATTEST: Leo F. Frommelt Special Session, June 19, 1978 Council Member Brady moved adop~ tion of the Resolution. Seconded by Mayor Pro-Tern Wertzberger. Carried by the following vote: Yeas - Mayor Pro-Tem Wertz berger, Council Members Brady, Farrell, King. Nays-None. Abstain - Mayor Tully. Council Member Wertzberger moved to suspend the rules to let anyone pre- sent address the Council if they so de~ sire. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas - Mayor 'fully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. John White of Shive Hattery Asso- ciates stated they could meet Sep- tember time line. Council Member Brady moved to amend Section 6, Sub- section 2 of the contract and authorize Area 1 & 2. Seconded by Council Mem- ber King. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, King. Nays-Council Member Wertz- berger. Council Member Farrell moved that the communication be received and filed and Mayor authorized to execute con- tract. subject to further instructions from the City Solicitor. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council. Mem- bers Brady, Farrell, King, W ertzberger. Nays-None. June 14, 1978 Honorable Mayor and City Council Dubuque, Iowa Dear Council Members: Enclosed is a proposed contract with Shive-Hattery and Associates for the de- velopment of the Western Industrial Park. I would ask that you grant authoriza- tion to the Mayor and City Clerk to sign this contract. Respectfully, Gilbert D. Chavenelle City Manager June 14, 1978 Honorable Mayor and City Council Enclosed is an agreement for the con- struction of the RE.T. Sanitary Sewer setting forth the terms and conditions of payment for the construction thereof. The costs are to be shared as follows: City of Dubuque $25,000.00 Archdiocese of Dubuque 2,500.00 Schultz Development Corp. 6,168.16 R.E.T. Corporation 32,342.33 Fondell and Sons, Inc. 12,514.81 Total $78,615.30 The city's $25,000 share will be paid for under Public Works funding. I would been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED. by the City COllU- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $52,372.00 That none of the cost thereof shall be assessable upon private property and all shall be paid from the EDA Local Public Works Projects Fund of the City of Du- buque. Passed, adopted, and approved this 19th day of June, 1978. Richard Wertzberger Mayor Pro-Tern 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 Pro-Tern W ertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger. Council Members Brady, Farrell, King. Nays-None. Abstain - Mayor Tully. (A Resolution Accepting Improvement) RESOLUTION NO. 212.78 WHEREAS, the contract for the Re- placement of City Hall windows has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. now there- fore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the EDA Local Public Works Projects Fund in amount equal to the amount of his contract, less any retained percen- tage provided for therein. Passed, adopted, and approved this 19th day of Jnne,1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk 4. No irreversible development trends. 5. A minimum occurrence of adverse effects that cannot be avoided; and 6. No impacts on properties posses- sing historical, archaeological, archi- tectural or cultural significance. The City of Dubuque has made an En- vironmental Review Record for these Projects, and has placed this record on file in the office of the City Clerk in City Hall, 13th and Central Streets, Dubu- que, Iowa. This environmental record is available for examination and may be copied between 8:00 A.M. and 5:00 P.M. daily except Saturdays, Sundays and holidays. No further environmental review of the Projects is proposed to be con- ducted, and the City of Dubuque intends to request the U.S. Department of Hous- ing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Projects. Comments may be submitted to the City of Dubuque until 12:00 Noon, Fri- day, July 7, 1978, addressed to Thomas A. Tully, Jr., Mayor of the City of Dubu- que, City Hall, 13th and Central Streets, Dubuque. Iowa 52001. Dated and published June 20, 1978. 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 Pro-Tern W ertzberger, Council Members Farrell, King, Wertz- berger. Nays-Council Member Brady. Abstain-Mayor Tully. June 12,1978 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque Replacement of City Hall Win- dows Project has been substantially completed in accordance with the City of Dubuque plans and specifications. I therefore recommend the accep- tance of the above named project. Gilbert D. Chavenelle City Manager Council Member Brady moved that the communication be received and filed. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays-None. Abstain-Council Member Tully. FINAL ESTIMATE RESOLUTION NO. 211.78 WHEREAS, the contract for the Replacement of City Hall windows has 287 Council Member Farrer following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. RESOLUTION NO. 218.78 Approval of Preliminary Plans. Specs.. Plat, and all other documents for construction of City of Dubuque 1978As- phalt Paving Project No.1: Bies Drive from the S.P.L. of Pennsylvania A venue to the S.P.L. of Daniels Street; Bruns- wick Street from the N.P.L. of O'Neill Street to the S.P .L. of Davis A venue; Carter Road from Asbury Road to Kauf- mann A venue-patching; Century Drive from U .8. Highway #20 to Hies Drive- patching; Daniels Street from the E.P.L. afBies Drive to the W.P.L. of West Side Manor Subdivision; Davis A venue from the W .P.L. oiLat 1-1-2 of Richeson Davis Avenue Place to the W.P.L. of Lot 2-3, Balance 3 of St. Francis Subdivision; Eagle Point Park-parking lots at "River- front Pavilion" and "Shiras Memorial": E. 19th Street from the E.P.L. of Jack- son Street to the E.P.L. of Lot 13 of East Dubuque Addition (Railroad Tracks); E. 21st Street from the W.P.L. of White Street to the E.P.L. of Central Avenue; Fairway Drive from the E.P .L. of Bunker Hill Road to the W.P.L. -of St. Ambrose Street; Foye Street from the N.P.L. of Lowell Street to the S.P.L. of Napier Street; Hill Street from the N.P.L. of Dodge Street to the N.P.L. of Wooten Street; Iowa Street from the S.P.L. of Tenth Street to the S.P.L. of Fourteenth Street; Julien Dubuque Drive from the City Limits to a point 565' northerly therefrom; Race Street from the S.P .L. of Rose Street to the N.P.L. of W. Eleventh Street; Ogle Street from the S.P.L. of Sunset Park Circle to the S.P.L. of Lot 3 of Block 8 of Sunset Park Subdivision; Owen Court from the S.P.L. of Sunset Park Circle to the south end of the street; Wartburg Place from the N.P .L. of Lot 2-1 Mineral Lot 132 to the N.P .L. of Lot 2-1 Mineral Lot 133. in the estimated amount of $360,040.49, presented and read. Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. (Necessity for Improvement: RESOLUTION NO. 219.78 WHEREAS. proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the of- Carried by the Special Session, June 19, 1978 '~""""'~_.......c...""""",;"",; -.""".",-.",......"...i...c._.'~,,...,,' 286 Special Session, June 19, 1978 this Council Member Farrell moved adop- tion of the Resolution. Seconded by Mayor Pro-Tern Wertzberger, Carried by the following vote: Yeas~Mayor Pro-Tern Wertzberger, Council Members Brady, Farrell, King. Nays-None, Abstain-Mayor Tully. Communication of City Manager and City Engineer submitting preliminary plans, specs., etc., for City of Dubuque 1978 Asphalt Paving Project No, 1, pre- sented and read. Council Member Wertzberger moved that the commu- nication 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 Engineer sub- mitting Schedule of Assessments for Ci- ty of Dubuque Asphalt Paving Project No, 1, presented and read. Council Mem- ber Wertzberger moved that the com- munication 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. RESOLUTION NO. 217.78 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, lOW A Section 1. That the attached sheets No.1 to 13, inclusive, are hereby deter- mined to be the schedule of proposed as- sessments for the City of Dubuque 1978 ASPHALT PAVING PROJECT NO. I, and the valuations set out therein, are hereby approved. Adopted this 19th day of June, 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 tions to the amount of the cost of the im- provement, they shall be deemed to have waived all objections thereto. Said improvement shall be construc- ted and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid out of the Local Public Works Fund, Sewage Rental Fund and private contributions. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of June. 1978. Approved and placed on file for final action. ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved ap proval of the Resolution. Seconded by Mayor Pro-Tern Wertzberger. Carried by the following vote: Yeas - Mayor Pro-Tern W ertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain - Mayor Tully. (FIXING DATE OF HEARING) RESOLUTION NO. 216-78 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 with the of- fice of the City Clerk for public inspec- tion for the construction of the Hamilton Glen (BET, Inc,) Sanitary Sewer. BE IT THEREFORE RESOLVED that on the 3rd day of July, 1978, a public hearing will be at 7:30p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the proposed plans and specifications. form of contract and cost of said 'improvement. and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some news- paper published in the City of Dubuque, Iowa which shall be not less than four days nor more than twenty days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improvement. and the City Clerk is hereby directed to adver- tise for proposals to the contractors for the construction of the above mentioned improvement. Passed, adopted and approved 19th day of June, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members 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. June 13, 1978 To the Honorable Mayor and City Council Enclosed are the preliminary plans, specifications and estimate for the con- struction of the Hamilton Glen (RET, Inc.) Sanitary Sewer. The sewer is to serve future subdivi- sions on the westerly limits of the City and also Hamilton Glen Apartments. The project will be financed through Local Public Works Funds, Sewage Ren- tal Funds and by private contributions from benefited subdividers. Gilbert D. Chavenelle City Manager Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas-Council Members Brady, Far- rell, King, Wertzberger. Nays-None. Abstain-Mayor Tully. RESOLUTION NO_ 214.78 Preliminary approval of proposed plans, specs., etc.. for construction of the Hamilton Glen (RET, Inc.)Sanitary Sew- er, in estimated amount of $78,615.30, presented and read. Council Member Farrell moved adoption of the Re- solution. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Council Members Brady, Far- rell. King, Wertzberger. Nays-None. Abstain-Mayor Tully. (Necessity for Improvement) RESOLUTION NO. 215.78 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 Ci- ty 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 construction of the Hamilton Glen (BET. Inc.) Sanitary Sewer. 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 men- tioned improvement, and unless proper- ty owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk, objec- 289 Petition of Charlotte Kelly requesting to be heard on National Guard Armory was presented. Charlotte Kelly introduced Colonel Paul C. Woods. Chief of Staff, Colonel Wayne Daffron, Facilities Officer and General Francis Kelly. Colonel Woods spoke to Council stat- ing the National Guard is ready to build an Armory; Would not build in an area of opposition. Colonel Daffron advised they are under a commitment and answer should be by June 30th; Money better used in modern facility rather than build on at Airport. General Kelly spoke to the Council saying the City Manager would like to have National Guard at 32nd Street Far- King, Council Member Wertzberger moved that the .communication of Don Meyers be received and filed. Seconded by Coun- cil Member Farrell. Carried by the following vote: area, Council Member Werzberger moved that the National Guard meet with City Manager and Staff to determine an area, other than 32nd Street area, for Guard headquarters. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger, Nays-None. David Maiers expressed his apprecia- tion to the Council for not locating in the 32nd Street area. Communication of Don Meyers, Chair- man of Community Development Com- mission, recommending purchase of building at 567 Arlington Street (Com- munity Development Director Dit- temore's report attached), presented and read. Harold Meloy, President of 11th St. Neighborhood pleaded with Council for a positive proposal. Dan Dittemore recommended disposi- tion be postponed to some time around January 1, 1979. Council Member Brady moved to approve the recommendation of Community Development Commis- sion to purchase building at 567 Arl- ington Street, Seconded by Council Member Farrell. VOTE ON THE MO- TION WAS AS FOLLOWS: Brady, Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King. Wertzberger, Nays-None. Yeas - Council Members rell. Nays-Council Members W ertzberger. Abstain ~ Mayor Tully. MOTION FAILED. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved approval of the Resolution, Se- conded by Council Member Farrell. Carried by the following vote fice of the City Clerk showing among other things the following: 1. The assessment limits, if any. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed to- gether with a valuation fixed by the council. 5. An estimate of the cost of the pro- posed improvement, stating the same for each different type of construction and kind of material to be used, 6. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of the City of Dubuque 1978 Asphalt Pav- ing Project No.1: 1. Bies Drive from the S.P.L, of Penn- sylvania Avenue to the S.P,L. of Dan- iels Street, 2. Brunswick Street from the N ,P.L. of O'Neill Street to the S.P .L. of Davis Avenue. 3. Carter Road from Asbury Road to Kaufmann A venue - patching. 4. Century Drive from U.S. Highway #20 to Bies Drive - patching. 5. Daniels Street from the E.P.L, of Bies Drive to the W.P ,L. of West Side Manor Subdivision. 6. Davis Avenue from the W.P.L. of Lot 1-1-2 to Richeson Davis Avenue Place to the W ,P ,L. of Lot 2-3-Balance 3 of St, Francis Subdivision, 7. Eagle Point Park - parking lots at "Riverfront Pavilion" and "Shiras Memorial". 8. E. 19th Street from the E.P .L. of Jackson Street to the E,P ,L. of Lot 13 of East Dubuque Addition (Railroad Tracks). 9. E. 21st Street from the W.P.L. of White Street to the E.P.L. of Central Avenue. 10. Fairway Drive from the E.P.1.. of Bunker Hill Road to the W,P.L. of St. Ambrose Street. 11. Foye Street from the N.P.L. of Lowell Street to the S.P.L. of Napier Street. 12. Hill Street from the N.P.L. of Dodge Street to the N.P .1.. of Wooten Street, 13. Iowa Street from the S.P.L. of Tenth Street to the S.P.L. of Four- teenth Street. 14.JulienDubuque Drive from the Ci- tyLimits to a point 565' northerly therei:rom. 15. Race Street from the S,P.L. of Rose Street to the N,P.L. ofW.Elev- enth Street. 16. Ogle Street from the S.P.L. of Sunset Park Circle to the S.P.L. of Lot 3 of BlockS of Sunset Park Sub- division. 17. Owen Court from the S,P.L. of Special Session, June 19, 1978 Council Mem- King, Wertz- (Fixing date of hearing) RESOLUTION NO. 220.78 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolu- tion No. 218-78 given its preliminary ap- proval on the proposed plans, specifica- tions and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tionofthe City of Dubuque 1978 Asphalt Paving Project No.1 and, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 17th day of July, 1978, a public hearing will be held at 7:30 o'clock P.M. D,S.T, in the Council Chamber in the City of Dubuque at which time the owners of property subject to assess- ment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the first of which shall not be less than ten days prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which time the Council will hear such objec- tions and enter on record its final deci- sion thereon. Passed, adopted, and approved this 19th day of June, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members -~._'~~"-tI~,.J,i..,;''-K."".>'(JI~'''"''A,,-.l_ 288 Yeas-Mayor Tully, bers Brady, Farrell, berger, Nays-None. Special Session,June 19, 1978 Sunset Park Circle to the south end of the street, 18. Wartburg Place from the N.P.L. of Lot 2-1 Mineral Lot 132 to the N.P.L, of Lot 2-1 Mineral Lot 133. BE IT THEREFORE RESOLVED that the City Council of its own mo- tion or upon petition of property owners, deems it. advisable and ne- cessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessment, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer 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 improvement will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount pro- vided by law, property will be as- sessed whether the same abuts thereon or is adjacent thereto accor- ding to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax Funds, Street bonds shall be issued and sold in an- ticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway Approved Thomas A, Tully Jr. Mayor Richard W ertzberger. D. Michael King James E. Brady Carolyn Farrell Council Members company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of June, 1978. Approved and placed on file for fi nal action. .;,,,-~..,,d.<O~" -.~-,..""~ 291 Sirloin Stockade, Inc., 1895 John F. Ken- nedy Rd. Triangle Investment Inc., 1575 John F. Kennedy Rd; Passed, adopted, and approved this 19th day of June, 1978. Thomas A. Tully Jr. Mayor Richard VVertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, VV ertzberger. Nays~None. RESOLUTION NO. 222.78 VVHEREAS, Applications for Beer Permits have been sUQmitted and filed to this Council for appro'[al and the same have been examined and approved; and VVHEREAS, 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 bonds; NOW THEREFORE BE IT RE- SOLVED, by the City Council ofthe City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "B" BEER PERMIT Triangle Investments, Inc. (Also Sunday Sales) 1575 John F. Kennedy Road Catherine M. Meyer, 530 East 22nd St. Passed, adopted, and approved this 19th day of June, 1978. Thomas A. Tully Jr. Mayor Richard VVertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, VV ertzberger. Nays-None. RESOLUTION NO. 223.78 VVHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and SpecialSession,J\lne 19, 1978 Stampfer's Creslanes Bowling Main St. John F. Hall, 2616 Windsor Ave. Joter Inc., 31 Locust St. David H. Hoffman and VVilliam J. Dix, 450 VV est Locust St. Steven T. Schnee and James D. Murphy, 1902 Central Ave. Nabors Drug #4,1920 Elm St. Pusateri Bros., Inc., 2400 Central Ave. Kevin J. Schlosser, 2195 Central Ave. Sirloin Stockade, Inc., 1895 John F. Ken~ nedy Road Melvin A. Spiegelhalter,102911z Main St. Kenneth Stecklein, 2480 University Ave. Earl J. Tegeler, 620 S. Grandview Ave. Earl J. Tegeler, 2850 Burlington St. Earl J. Tegeler, 2311 Windsor Ave. University of Dubuque Snack Bar, 2050 University Ave. Wareco System of Iowa, 700 Rhomberg Ave. Jeanne Zenner, 504 Central Ave. Barney Willenborg, 1311 Rhomberg Ave. Sally Jo Roy, 400 Central Avenu9 Jack Bastian, 253 Main St. Angelina A. Bertolini, 1298 Main St. Richard Bracewell, 3275 Central Ave. Rita Clancy, 201 E. 22nd St. Clarke College, 1550 Clarke Drive Michael T. Dawson, 2136 Central Ave. Dubuque Marina, Inc., New City Harbor Donna Ginter, 342 Main St. Marco Giunta, 2022 Central Ave. Jeannine A. Kersch, 1555 Central Ave. Kwik Foods Texaco Station, 1075 Dodge St. JoAnne M. and John P. O'Hara, 855 Cen- tral Drive Gus Pascual and Paul Gloden, 1322 Cen- tral Ave. S. S. Kresge Company Store #100, 790 Town Clock Plaza Firestone Tire & Rubber Co., 7th and Bluff St. Gary Neilson and Dwaine Bowman, 841 Central Ave. Rita Schueller, Town Clock Plaza Inc.. Town Clock .uocust 255 South McCoys Plaza Sunnycrest Manor, 2375 Roosevelt St. Tail 'N Ale of Dubuque, 2560 Dodge St. Village Inn Rest., 1940 John F. Kennedy Rd. Woolworth's Store, Kennedy Mall B & D Standard Service Station, 1450 Loras Blvd. Marie Becker, 206 West 3rd St. Elizabeth Birkett, 55 Locust St. Ronald Blakeman, 1046 Central Ave. Terry L. and Sally J. Cabarett, 2186 Central Ave. Michael Scott Clemens, 2327 Central Ave. Earl G. Corbett, 408 West'" St. Lane: Special Session, June 19, 1978 Phillip J. Mihalakis & William Paul Shaffer, 1404 Pine St. Shirley Mihalakis, 574 East 16th St. Beverly Miller, 260 Southern Ave. Merlin Morett, 3198 Central Ave. Richard O'Hara, 70 South Locust St. The Office Grill, 9th and Main St. Papa Lukes, 1064 University Ave. Joseph Polfer, 2612 Dodge St. John L. Savary, 827 Dodge St. Dick Albert, 3200 Central Avenue Charles Adams, 20th and Jackson St. Thomas E. Andresen, 1080 University Ave. American Legion, Dubuque Post #6, 1306 Delhi St. Big "G" Steak House, Inc., Plaza 20 Wm. C. Brown Publishing Co., 2460 Ker- per Blvd. Richard B. Winsor, Bunker Hill Road Josephine A. Burke, 1445 Central Ave. Carousel Snack Bar, 555 John F. Ken- nedy Road Dubuque Mining Co., Kennedy Mall William F. Dunne, Jones and Locust Streets William Hancock, 2205 Carter Road Bert Hillary, 1413 Rockdale Road Evelyn A. Hinkel, 2417 Rhomberg Ave. Holiday Inn Dubuque, 1111 Dodge St. James P. Kachevas, 665 Dodge Street David Leach, 380 E. 20th St. Thelma Lenstra, 410 West 8th St. Milton Marty, 5th and Lcoust St. Albert E. Mohr, 1281 Dodge St. Ponderosa System, Inc., 2035 John F. Kennedy Rd. Ramada Inn, U.s. 20 at Mercer Drive Sears-Roebuck Co., 300 South Locust St. Francis J. Shanahan, 2501 Rhomberg Ave. Steve Smith, 1105 University Ave. Gary Stewart, 9th and Central Ave. Joseph Sutter, 32nd and Jackson St. Taco John Corp., 1215 Dodge Street Jack Siefker, 1081 University Ave. Brian Vincent, 3305 Asbury Road American Snack, Inc., 255 John F. Ken- nedy Rd. Paul E. Anthony, 1185 Dodge St. Burger King #1100, 1350 JohnF. Ken- nedy Rd. Joseph F. and Jane E. Davis, 607 W. 22nd St. Joseph F. and Jane E. Davis, 2900 Cen- tral Ave. Sport Joseph F. and Jane E. Davis, 1575 John F. Kennedy Road Benevolent & Protective Order of Elks, 2699 John F. Kennedy Road Fraternal Order of Eagles #568, 1175 Century Drive 2095 Junnie & Chuck's Kerper Blvd. K-Mart Store #4018, 2600 Dodge St. Knights of Columbus, 781 Locust St. Center, 290 Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. RESOLUTION NO. 22.1-78 BE IT RESOLVED, by 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cig- arettes and Cigarette Papers within said City. Victoria Ellis, 120 West 4th Street Lorraine A. Fransen, 1100 Lincoln Ave. John F. Glynn, 760 East 16th St. Gerald C. Kirchberg, 32nd and Jackson St. J.D. Streett & Company, Inc., 55JohnF. Kennedy Road Beverly A. Larsen, 1701 Central Ave. Marc's Big Boy - Dubuque, 2600 Dodge Street Merchants Hotel, 304 Main Street Herman J. Meyer, 3355 Pennsylvania Ave. David A. Parochetti, 2600 Dodge St. Regal "8" Motel, 2680 Dodge St. Donald J. Schute, 1646 Asbury Road Linda L. Sheldon, 1399 Jackson St. Allen C. Tressel, 2528 Central Ave. Jerry Turner, 431 Rhomberg Ave. Knox Corporation, 255 John F. Kennedy Road Ralph J. Grabow, 1050 University Ave. The Great Atlantic and Pacific Tea Co., 3333 Asbury Road Dick Albert, 90 South Locust St. John C. Andresen, Andresen's United, 229 8th St. John C. Andresen, Pipe Inn, Kennedy Mall Thomas M. Astgen, 1101 Rhomberg Ave. C. K. of Dubuque, Inc., 3187 University Ave. Melvin L. Donovan, 1876 Central Ave. Crane Enterprises, Inc., Asbury Square D.B.Q., Inc., 4th and Locust Streets Dubuque Golf and Country Club, Ran- dall Place Fischer Bowling Lanes, 880 Locust St. Grandview Drug, Inc., 486 N. Grand- view Ave. LaVern Hennen, 3300 Asbury Road Julien Motor Inn, 200 Main Street Donald Kies, 2620 University Ave. Barbara J. Furry, 2401 Windsor Ave. KayWay, Inc., 250 West 1st St. Kennedy Mall Cinema I and II, Kennedy Mall Kopple's Market, Inc., 1098 University Ave. Elizabeth Krajnovich, 481 Locust Street Francis W. Kuhle, 3201 Central Ave. James W . Lange, 2600 Dodge St. Vincent Mescher, 1233 Rhomberg Ave. Catherine M. Meyer, 530 E. 22nd St. ,<.~"".,,"~ -~---...,,"""""',~ 293 near future for the City of Dubuque. Table I shows those intersections in cluded in the fiscal 1979-80 budget. The Table represents all signals currently anticipated in the short range plans. Table II is a discussion of those loca- tions which are problem intersections for the movement of traffic or pedestri- ans which are not presently programmed for signals. The narrative attempts to point out the positive and negative aspects of signal installations at the par- ticular location. Not included in this discussion are such long range signal installations which may be needed for projects such as the Northwest Arterial or Freeway 561. Council Member Farrell moved that the communication be received and filed and referred to Council. Seconded by Council Member Wertzberger.Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. June 14,1978 Honorable Mayor and City Council We have attached copies of the staff report on traffic control experiments on Key Way Drive, originally submitted to you at your work session of May 30th. We refer you to the recommendations at the end of the staff report. As it was your wish to act upon these matters at your meeting of June 19, the ordinances implementing the staff proposals for permanent installations of stop signs and for the alternative diverter scheme will be available at that meeting. Staff will also be present to discuss these matters with you, should you so desire. Daniel Dittemore Director of Community Development Council 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, Wertzberger. Nays-None. Mrs. Bechen of 1710 Keyway stated 300 were against and 15 were for bar- ricades. Alfred Engling of 1788 Keyway was of opinion Keyway was not to be a thru street. Tom Weig of 1868 Keyway advised sometimes there is no traffic at all; Schools and Workers is all; People need that street; Streets are to drive on. Bill Spofford, 2187 Keyway, objected to diverter. John Kohnen, 3038 J.F .K. Road ques- tioned putting permanent diverters on Gilbert D. Chavenelle City Manag-er Special Session, June 19,1978 an orderly "March for Christ" on August 16, 1978, presented and read. Sandra Rosek and Robert Hansel spoke to the petition. Council Member Wert7,berger moved that the request be approved subject to approval of the Park Board and City Manager. Seconded by Council Member Farrell. Carried by Lhe following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. Honorable Mayor and City Council I return to you the petition of Mr. Justmann which was referred to the Ci- ty Manager and City Solicitor in Feb- ruary. Since that date the City Solicitor has been working with the Chicago-Mil- waukee Railroad in order to negotiate terms for the possible sale of the land to the City. Enclosed for your information is a co- py of a proposal for sale which has just been received from the railroad. Please note that the offer expires July 3, 1978. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received 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, Wertzberger. Nays-None. Communication of U.S. Environmental Protection Agency submitting a request indicating eligibility for extension and that all non-municipal dischargers into the Publicly Owned Treatment Works (POTW) of the date of request be no- tified, presented and read. Council Mem- ber Wertzberger moved that the com- munication be referred to the City Man- ager and Public Works Director to pur- sue extension and authorize Manager to sign for necessary extension. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. Communication of Council Member Farrell submitting a progress report on Boards and Commissions Study, pre- sented and read. Council Member Wertzberger moved that the com- munication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, FarreIl, King, Wertzberger. Nays-None. June 14,1978 Honorable Mayor and City Council The following is a summary of traffic signal installations anticipated in the Special Session, June 19, 1978 Petition of Sm:anne L. Jarosh sug- gesting designation of July -15th as "Farmer Appreciation Day" in recogni_ tion of the people and farm families ef- forts to keep the market available to the public, presented and read. Council Member Wertzberger moved that the petition be approved subject to im- plementation of the City Manager and Market Master. 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 Mercy Medical Center re, questing consideration as to the place- ment of a traffic light at Hill and Dodge Street, presented and read. Council Member Farrell moved that the petition be referred to the City Manager and Traffic Department. Seconded by Coun- cil Member W ertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Farrell, King, Wertzberger. Nays-Council Member Brady. Petition of Mrs. Robert Oster, in be- half of OUf Redeemer Lutheran Church, requesting permission to barricade Woodland Street to accommodate their family lawn social to be held on July 23, 1978, presented and read. Council Mem- ber Wertzberger moved that the peti- tion be approved subject to approval of the City Manager. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-None. Communication of Lorraine R. Larson submitting her resignation from the ad hoc Housing Code Review Committee, presented and read. Council Member Wertzberger moved that the resigna- tion be accepted with regret. 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 West End Neighborhood Ass'n. (21 signers) requesting to block off Clifford Street on July 16th for the purpose of running a Krate Kar Derby, presented and read. Council Member Farrell moved that the petition be ap- proved subject to approval' of the City Manager. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzherger. Nays-None. Petition of Midwest Christian Cru- sades requesting permission to conduct WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances rele- vant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED. By the City Council of the Ci- ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gregory J. Adams, Jeffrey T. Maggio and Terry L. Steiner (Sunday Sales Only) 1064 University Ave. Ronald Blakeman, 1046 Central Ave. Creslanes Bowling, Inc. (Also Sunday Sales) 255 S. Main St. Donna M. Ginter (Also Sunday Sales) 342 Main St. Joter Incorporated (Also Sunday Sales) 3135 Locust St. Elizabeth Krajnovich, 481 Locust St. Kenneth Jerome Love, 802 Central Ave. Thelma Paradiso, 3050 Asbury Dolores E. Roeth, 600 Central John L. Savary, 827 Dodge St. Paul Schollmeyer, 176 Locust St. Melvin A. Spiegelhalter, 10291/2 Main St. Barney Willenborg, 1311 Rhomberg Ave. Michael Scott Clemens, 2327 Central Ave. Terry and Sally Cabarett, Ave. Michae 292 ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member FarrelL Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. Petition of Kerin Moldenhauer re- questing $185 to repaint and restore symbols of Dubuque History on the pil- asters oftbe Iowa Street Parking Ramp, presented and read. Council Member Wertzberger moved that the request be approved. Seconded by Council Member Brady . Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. Nays-None. 2186 Central Ave. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members T. Dawson, 2126 Central "4_d-v__K... -~ ~-,.....,,~. 295 particulate matter as approved by Iowa Air Quality Commission, presented and read. Coun('il Member Wertzberger moved that the> communications be received and filed and emission offset procedure be referred to the Health Dept. for information and study. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Wertzbergcr. Nays-None. Communications of City Attorney re- commending denial of car damage claim of Marilyn K. Dix, amicably disposed of; Recommending denial of claim of Dubu- que Community Schools for spraying paint on bus, amicably disposed of; Re- commending denial of car damage claim of Gloria Ann Fox, amicably disposed; Recommending denial of car damage claim of Leonard G. Guier; Recommen- ding denial of car damage claim of Daniel G. Hoseliep; Recommending denial of personal injury claim of Audrey Ober- foell; Recommending denial of car dam- age claim of Paul G. Galle; Advising of dismissal of action against the City in the case of James J. Doyle Estate as the re- sult of bursting water pipes. presented and read. Council Member Wertzberger moved that recommendations of denials be approved. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas-Mayor Tully, Council Mem- hers Brady, Farrell, King. Wertzberger. Nays-None. Notice of Claim of Constance M. Sweeney, in the amount of $125., for ex- pense incurred as the result of a backed- up sewer at 113 N. Booth on May 12 and May 13, 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, W ertzberger. Nays-None. Notice of Claim of James A. Cosley, in the amount of $200., for expense in- curred as the result of installation of water meter at 2580 Green St. on May 26, 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 Eleanor J. Rafoth, Executor of Estate of Russell Rafoth Dec'd., in the amount of $4,750., fordam- 1978 Special Session, June 19 of enough funds for an adequate opera- tion. presented and read. Council Mem- ber Wertzberger moved that the peti- tion be received and filed and referred to Council. Seeonded by Council Member Farrell. Carried hy the following votE': Yeas - Mayor Tu,lly, Council Mem" hers Brady, I<~arrell, King. Wertzberger. Nays-None. Communication of City Manager sub- mitting a proposed notice of sale for dis- posal of Mobile Office Unit located next to City Hall and requesting Lo proceed with advertising and sale of this unit, presented and read. Council Member Wertz bergeI' moved that the request he approved. Seconded by Council Member Farrell. Carried hy the following vote: Yeas-Mayor Tully, Council Mem- hers nrady, Farrell, King.. Wertzberger. Nays-None. Minutes Suhmitted by Five Flags Building- Committee and Five Flags Center Commission of their meeting of June 6 and June 13, 1978, Transit Trus" tee Board of their meeting of May 22, 1978, and Board of Dock Commissioners of their meeting of April 26. 1978, presented and read. Council Member Wertzberger moved that the minutes 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. Communicat.onof Planning & Zoning Commission submitting supplementary items for inclusion in the Zoning Or- dinance - Item 4 to Section 4-109.4, 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: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertz bergeI' . Nays-None. Proofs of Publication, certified to by the Publisher. on Revenue Sharing of Notice of adopted budget; also publica- tion of intention for filing a request with HUD and advising of use of Community Block Grant Funds, presented and read. Council Member Wertzberger moved that the proofs of publication 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, Wcrtzbcrgcr. Nays-None. Communication of DEQ advising of construction permit f-or sewer and water for Arbor Oaks Block 7; Water Main Ex- tension for Brunskill Road; also informa- tion on emission offset procedure for Special Session, June 19,1978 25.210 AND BY ADDING A NEW SUB. SECTION 24, 25 AND 26 TO. SECTION B OF SECTION 25.210 AND BY AD. DING A NEW SUBSECTION 11 TO SECTION E OF SECTION 25.210 OF SAID CODE, PROVIDING THAT VE. HICLES STOP BEFORE ENTERING THOSE INTERSECTIONS DESIGNA- TED AS STOP INTERSECTIONS. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That Section A, Band E of Section 25-210 of the Code of Ordinances of the City of Dubuque, Iowa be amend- ed so that such sections shall read as follows: "(b) Those intersections designated are hereby declared to be 'Stop Inter- sections' for all purposes of this sec- tion. A. Eastbound and westbound vehic- les must stop before entering the in- tersection of: 33. Keyway and KeY8tone 34. Woodland and Keyway B. Northbound and southbound ve- hicles must stop before entering the intersection of" 24. Keystone and Keyway 25. Westway and Keyway 26. Keyway and Woodland E. Eastbound vehicles must stop before entering the intersection of: 11. Keyway and Westway" Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Passed, adopted, and approved this 19th day of June. 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 HeraldNewspaper this 22ndday of June 1978. it 6/22 Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertz- berger. Nays-None. Petition of Linda Gross et al (194 signers) requesting Council to increase Key Line Budget by authorizing release Leo Fr. Frommelt City Clerk 294 J.F.K. Road. Stephanie Hahlen noted they do have a traffic problem on Key- way; 2/3 on Keyway are in favor of closure; Request approval of recommen- dation of staff. CounCil Member Brady moved that diverters be installed at the interseeLion of Kevway and Woodland. Seconded by M~yor .Tully. VOTE ON THE MO- TION WAS AS FOLLOWS: Yeas-Mayor Tully, Council Mem- ber Brady. Nays - Council Members Farrell, King, Wertzberger. MOTION FAILED. Council Member Wertzberger moved that Stop Signs be permanently installed and investigation be made of Bies Drive to be closed between Daniels St. and Century Drive. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - Mayor Tully. ORDINANCE NO. 38.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW SUBSECTION 33 AND 34 TO SECTION A OF SECTION 25.210 AND BY ADDING A NEW SUB. SECTION 24, 25 and 26 TO SECTION B OF SECTION 25.210 AND BY ADDING A NEW SUBSECTION 11 TO SECTION E OF SECTION 25.210 OF SAID CODE, PROVIDING THAT VEHICLES STOP BEFORE ENTERING THOSE INTER. SECTIONS DESIGNATED AS STOP INTERSECTIONS, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Wertzberger. Car- ried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. Council Member Farrell 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, be dispensed with. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-,-Mayor Tully, Council Mem- bers Brady, Farrel!', King, W ertzberger. Nays-None. ORDINANCE NO. 38.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED 8Y ADDING A NEW SUBSECTION 33 AND 34 TO SECTION A OF SECTION --_.__""'~.._AJ_d 297 Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. Communication of Peoples Natural Gas requesting Iowa State Commerce Commission for authority to liberalize its customer connection policy, presented and read. Council Member Wertzberger moved that the com- munication be received and filed and Building Department be notified. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. Communication of Northwestern Bell requesting permission to excavate in Central Ave. from 18th to E. 22nd Street and at the corner of E. 26th Street, presented 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. Communication of City Manager rec- ommending the installation of three 175 watt lumi!lJ!:ries on present Interstate poles at Arabian Trail and Carter Road; also between Arabian Trail and Kane Street on Carter Road, 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. Council Member Wertzberger moved that the City Manager and City Solicitor be directed to make arrangements to answer Fire Calls in the Rockdale Area provided it does not affect City Budget. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays - None. Dick Valentine of Valentine Body Shop on Peru Road addressed the Coun- cil in reference to water run-off from Terrace Heights Subdivision; Stated Mr. Manternach installed culvert May 12th - Flooded June 16th; Staff not get- ting job done; Wishes to have culvert re- moved or enlarged. Wayne Valentine questioned if there is anyway to open up culvert. 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. Special Session,June 19, 1978 me Council Member Wertzberger moved that the communication be received and filed and made a Matter of Record. Se- conded by Council Member Farrell. Car- ried by the following vote: June 8, 1978 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the 1977 Code of Iowa the Civil Service Commission conducted written examinations for the position of Garage Automotive Mechanics on June 7,1978. The following named persons have passed the written examination with an average of 70% or better. Haberkorn, James J. Gard, Donald W. Tully, David M. Davis, Jeffrey G. 75.7% 74.2% 70.7% 70 % Richard Zimmer John E. Hess Civil Service Commission me Council Member Wertzberger moved that the communication be received and filed and made a matter of record. Seconded by Council Member FarrelL Carried by the following vote: Yeas~Mayor Tully, Council Mem- bers Brady, Farrell, King, Wertzberger. Nays-None. 76% 5 81% Richard Zimmer John E. Hess Civil Service Commission June 8,1978 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the 1977 Code of Iowa the Civil Service Commission conducted Promotional Examinations on June 7, 1978, for members of the Fire Depart- ment, for Captain Inspector. The following member of the Fire De- partment has passed the written exam- ination with an average of seventy per- cent or better. Boland, Robert C. (Plus Seniority) Total ATTEST Leo F. Frommelt Clerk Subscribed and sworn to before this 13th day of June 1978. Louise M. Ford Notary Public ATTEST Leo F. Frommelt Clerk Subscribed and sworn to before this 13th day of June 1978. Louise M. Ford Notary Public Special Session, June 19,1978 juries received in a fall on an icy side- walk on E. 18th Street on December 5 1977, presented and read. Councii Member Wertzberger moved that the Notice of Suit be referred to the City At- torney 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 Dennis G. Larsen, in an undetermined amount, for car dam- age incurred as the result of debris lying in the street at 17th & Central Ave. on May 5,1978, 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. Communication of City Manager sub- mitting reports of the City Treasurer, Finance Director, Water Superinten- dent, Health Department, as well as a list of claims paid, for the month of May, 1978, presented and read. Council Mem- ber Wertzberger moved that the com- munication 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. Notice of Claim of Donald Rietjens of 715 W. 32nd Street, in an undetermined amount, for damages incurred as the re- sult of storing water in the detention basin at 32nd Street over the years, 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, W ertzberger. Nays-None. Notice of Claim of David B. Heisey, in the amount of $153.15 for car damage in- curred as the result of driving over a de- fective manhole construction at Cleve- land & Villa on May 7"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, W ertzberger. Nays~None. age incurred as the result of a broken water main at 1781 White Street on April6,1978, 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. Notice of Claim of Audrey Oberfoell, in an undetermined amount, for personal injuries received in a fall at 2446 Wash- ington Street as the result of a broken curb on May 17, 1978, presented and read. Council Member Wertzberger moved that the Notice of Claim be re- ferred to the City Attorney for in- vestigatiori 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 Steven & Christopher Foxen, in. the amount of $10,000., for personal injuries received as the result of falling against an un- guarded guide wire at 1335 Cox Street on May 22, 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. Notice of Claim of Craig L. Kline, in the amount of $60.36 for car damage in- curred as the result of driving over rough Hill Street on June 9, 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, W ertzberger. Nays-None. Notice of Suit of Donald D. Dolan et ux in the amount of $35,000., for injuries re- ceived as the result of a fall on an icy sidewalk at 2520 Pennsylvania on De- cember 1. 1978, presented and read. Council Member Wertzberger moved that the Notice of Suit 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, W ertzberger. Nays-None. Notice of Suit of Florence Cummings, in the amount of $40,000., for personal in- ,--=>"'"',.........w., -_.._ .>..-:,_..,,~.'."'.'._'._'.." ~.~.-.""'=l=.",~""-=:'=, 296 299 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 ENACTING A NEW SECTION 1.101.3.3 OF ARTICLE I ADDING SPECIAL PLANNING DISTRICTS TO THE LIST OF SPECIAL PURPOSE DISTRICTS ESTABLISHED BY THE ORDINANCE: AND FURTHER BY ENACTING A NEW SECTION 4.111 OF ARTICLE IV, CREATING SPECIAL PLANNING DIS. TRICTS, PRESCRIBING THEREIN, GENERAL PROVISIONS, A GENERAL STATEMENT OF INTENT, EFFECTOF SPECIAL PLANNING DISTRICT DES. IGNATlON, AND SPECIAL PLAN Ap. PROVAL, said Ordinance having been previously presented and read at the Council Meet- ing of June 5, 1978, presented for final adoption. ORDINANCE NO. 39.78 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 ENACTING A NEW SECTION 1.101.3.3 OF ARTICLE I ADDING SPECIAL PLANNING DISTRICTS TO THE LIST OF SPECIAL PURPOSE DISTRICTS ESTABLISHED BY THE ORDINANCE: AND FURTHER BY ENACTING A NEW SECTION 4.111 OF ARTICLE IV, CREATING SPECIAL PLANNING DISTRICTS, PRESCRIBING THEREIN GENERAL PROVISIONS, A GENERAL STATEMENT OF INTENT, EFFECT OF SPECIAL PLANNING DISTRICT DESIGNATION, AND SPECIAL PLAN APPROVAL. NOW THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa, be. amended by revising Appendix A thereof, also known as the ''Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new Sec- tion 1-101.3.3 of Article 1, as follows: Article I. Establishment of Districts: provisions for.Official Zoning Map and Interpretation and Amendment There- of Sect. 1.101 Establishment of Districts Sect. 1.101.3 Special Purpose Districts 3. Special Planning Districts. .. Section 2. That the Code of Or- dinances of the City of Dubuque, Iowa. be amended by revising appendix A thereof, also known as the "Zoning Ordi- Special Session, June 28, 1978 COUN OFFICIAL Special Session, June 28, 1978. Council met at 4:30 P.M. (C.D.T.) Present: Mayar Tully I Council Mem- bers Brady, Farrell, King. City Manager Gilbert D. Chavenelle. Absent: Council Member Wertzber- Cll ger. Mayar Tully read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of considering zoning ordinances to. provide for establishment of special planning districts and special flood haz- ard overlay districts and acting upon such Dther business as may prDperly come befDre a Regular Meeting Df the CDuncil. CDmmunicatiDn of Planning & ZDning CommissiDn recammending adDption af two. ordinances to. establish Special Plan- ning Districts and Special FIDDd Hazard Overlay Districts, presented and read. CDuncil Member Brady mDved that the cDmmunicatian be received and filed. SecDnded by CDuncil Member Farrell. Carried by the fallawing vo.te: Yeas - Mayar Tully, Counci bers Brady,'Farrell, King. Nays-Nane. Absent-Coune berger. Mem- Wertz- Proaf DfPublicatian, certified to. by the Publisher, of Notice af Public Hear- ing providing that the Code of Or- dinances be amended by revising Ap- pendix A thereDf Df the Zoning Ordi- nance by enacting a new Section 1-101.3.3af Article I adding Special Plan- ning Districts to. the list Df Special Pur- pDse Districts established by the Or- dinance, and further by enacting a new Section 4-111 of Article IV, creating special Planning Districts, prescribing therein general provisiDns-, a general statement of intent, effect of special planning district designatio.n, and special ,planapprovaI. presented and read. No. written Dbjections were filed and no. oral objectDrs were present in the Council Chamber at the time set fDr the hearing. Cauncil Member Brady mDved that the proDf Df publicatiDn be received and filed. SecDnded by Council Member Farrell. Carried by the fallDwing vote: Y eas ~ Mayor Tully. Co.uncil Mem- bers Brady. Farrell, King. Nays~None. Absent -.,.. CDuncil Member Wertzber- ger. ORDINANCE NO. 39.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY Member CITY ............- ~-,~~~~....'''''''~-:.>- ~". - 298 Special Session, June 19, 1978 - - Leo. F. Fro.mmelt City Clerk A pprDved .................. 1978 Adopted. .................. 1978 ~ ~ ~ ~ CDuncil Members ATTEST: - ~ City Clerk ,=",-~,,,..,.,,- ,.,.- "'- -.~_._~~._""",..-.it:""~1 301 perty in ttmes of flooding or cause un- due increases in flood heights or vel- ocities; 2) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided withflood protection at the time ofin- itial construction; 3) Protect individuals from buying lands which are unsuitedforintended purposes because offlood hazard,' and 4) Assure that eligibility is main- tained for property owners in the Ci- ty to purchase flood insurance in the National Flood Insurance Program. Sect. 4.111.2.2 Supplemental Definl. tlons Channel: A natural or artificial water-course of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus is that water which is flowing within the limits of a defined channel. Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, ex- cavation or drilling operations. Flood: A temporary rise in streams flow or stage that results in water overlapping its banks and inundating areas adjacent to the channel. An unusual and rapid accumulation of run- off or surface waters from any source. Flood Insurance. Rata Map (FIRM): An official map of a community, on which the Flood Insurance Study has delineated the Flood Hazard Boun- daries and the zones establishing in- surance rates applicable to the com- munity. Flood Insurance.Study (FIS): The of. ficial report provided by the Federal In- surance Administration. The report contains flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. Flood Proofing: Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of wa- ter. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyance. Floodway: The channel of a river or other watercourse and the adJacent por- tion of the flood plain that must be re- served in order to discharge the 100-year flood without cumulatively in- creasing the water surface elevation more than one fOQt at any point assum- ing equal conveyance reduction outside Special Session, June 28, 1978 ENACTING A NEW SECTION 4.111.2 OF ARTICLE IV, CREATING SPECIAL FLOOD HAZARD OVERLAY DIS. TRICTS, PRESCRIBING THEREIN A GENERAL STATEMENT OF INTENT, SUPPLEMENTAL DEFINITIONS, GENERAL PROVISIONS, ESTAB. L1SHMENT OF FLOOD HAZARD OVERLAY DISTRICTS, STANDARDS FOR THE FLOODWAYOVERLAY AND FLOODWAY FRINGE OVERLAY DIS. TRICTS, FLOODWAY FRINGE OVER. LAY DISTRICT PROVISIONS, FLOOD. WAY OVERLAY DISTRICT PROVI. SIONS, AND ADMINISTRATION, said Ordinance having been previously presented and read at the Council Meet- ing of June 6, 1978, presented for final adoption. ORDINANCE NO. 40.78 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 ENACTING A NEW SECTION 4.111.2 OF ARTICLE IV CREATING SPECIAL FLOOD HAZARD OVERLAY DIS. TRICTS, PRESCRIBING THEREIN A GENERAL STATEMENT OF INTENT, SUPPLEMENTAL DEFINITIONS, GENERAL PROVISIONS, ESTAB. L1SHMENT OF FLOOD HAZARD OVERLAY DISTRICTS, STANDARDS FOR THE FLOODWAY OVERLAY AND FLOODWAY FRINGE OVERLAY DISTRICTS, FLOODWAY FRINGE OVERLAY DISTRICT PROVISIONS, FLOODWAY OVERLAY DISTRICT PROVISIONS, AND ADMINISTRA. TION. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances' of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa" by enacting a new sec- tion 4-111.2 of Article IV; as follows: "ARTICLE IV DISTRICT REGULA. TIONS 4.111 Special Flood Hazard Overlay Districts 4.111.2 General Statement of Intent The provisions of this Section are in- tended to promote the public health, safety, and general welfare and to min- imize the extent offloods and the losses incurred in flood hazard areas. The reg- ulations of this Section are designed to: 1)Restrict or prohibit uses which are dangerous to health, safety, or pro- Special Session, June 28, 1978 Section 3.. That the fore going amend. ments have heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa, Passed, adopted, and approved this 28th day of June, 1978. Thomas A. Tully,Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ORDINANCE NO. 40.78 AN ORDINANCE OFTHE 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 ~0"""'~~ It 716 Council Member Brady moved final adoption of the Ordinance. Seconded by CouncilMember Farrell. Carried by the following vote: Yeas-Mayor Tully, Counc bers Brady, Farrell, King. Nays-None. Absent-Council Member ger. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing providing that the Code of Ordi- nances be amended by revising Appen- dix A thereof of the Zoning Ordinance by enacting a new Section 4.111.2 of Article IV creating special flood hazard overlay districts, prescribing therein a general statement of intent, supplemental def- initions, general provisions, establish- ment of flood hazard overlay districts, standards for the flood way overlay and floodway fringe overlay districts, flood- way fringe overlay district provisions, floodway overlay district provisions, and administration, 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 Brady moved that the proof -of publication be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays-None. Absent-Counci ger. Mem- Wertzber- Wertzber- ATTEST, Leo F, Frommel; City Cleric Published officially in the Telegraph Herald Newspaper this 6th day of July, 1978. Leo F. Frommelt City Cleric Member nance and Zoning Map. of the City. of Dubuque, .Iowa" by enacting a new Sec- tion 4-111 of Article IV, as follows: "Article IV District Regulations Sect. 4.111 Special Planning Districts 4.111.1 General Provisions 4.111.1.1 General Statement of Intent It is the intent of this Section to permit the creation of Special Planning Dis~ tricts in general areas or on individual sites or groups of sites where special and substantial public interest requires the application of specialized regula- tions. The areas and sites which require specialized treatment may include but are not limited to: 1. Areas and sites which are envi. ronmentally sensitive; 2. Areas and sites where the poten- tialfor the most suitable ultimate de- velopment must be protected while providing for existing development; or 3.A reas and sites which have been or are in danger of becoming adversely impacted by over-intensive develop- ment, traffic congestion, blight, orin- adequate public facilities. It is further intended that such Spec- ial Planning Districts and regulations shall be consistent with and promote the purposes set forth in the Comprehen- sive Plan and other officially adopted plans and politices of the City. Sect. 4.111.1.2 Effect of Special Plan. ning District Designation Special Planning Districts may, to the extent indicated in the particular Special Planning District provisions, either: 1. Overlay: Modify requirements, regulations, and procedures applying in existing districts or districts here- after created and remaining after the Special Planning Districts are super-imposed upon them; or 2. Replace: Supplant districts or por- tions of district!" existing at the time of creation of a particular Special Planning District. Sect. 4.111.1.3 Special Plan Approval Each Special Planning District may require a submission of detailed site plans, building plans and maps and special approval of such plans by the Planning and Zoning Commission, Plan- ning Department, City Council, orother officials 01' agencies of the City. Where special approval is required, no building permit or certificate of occupancy shall be issued until after written approval. In any event, no building permit or cer- tificate of occupancy shall be issued for development other than in accord with approved plans and instruments. " 300 ",,-""" ~~"--' 303 Section and Section 4-111.2.5 are 2) Standards for the Floodway Fringe Overlay District (FF) a)All new construction or substantial improvements of residential struc- tures shall have the lowest floor, in- cluding basement elevated to or above. b) All new construction or sub- stantial improvements of non-resi- dential sturctures. shall have the low- est floor, including basement, eleva- ted to or above the re gulatory flood protection elevation or, together with attendant utility and sanitary facilities, to be flood-proofed up to that level. c) Within Zones AO all new construc- tionand substantial improvements of residential structures shall have the lowest floor, including basement, ele- vated above the crown of the nearest street or above the depth number specified on the official Flood In- surance Rate Map. d) Non-residential structures, within Zones AO, together with attendant utility and sanitary facilities may be flood-proofed to or above the depth number specified on the officialFlood Insurance Rate Map. e) For new mobile home parks, mobile home subdivisions, or expan- sions the same, and for new mobile homes not in a mobile home park, and for existing mobile home parks where the repair, reconstruction, or improvement of streets, utilities, and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruc- tion or improvement has commenced, it is required that: (1) Specific met: (a) Over-the-top ties be provided at each of t~e four corners of the mobile home with two additional ties per side of the intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side. (b) Frame ties be provided at each corner of the home with five addition- al ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side. (c) All components of the anchoring system be capable ofcarrying aforce of 4800 pounds. (d) Any additions to mobile homes be similarly anchored. (2) Stands or lots are elevated on com- pacted fill or piers so that the lowest floor of the structure will be at or be standards anchoring Special Session, June 28,1978 this met. 2) Specific Standards a) Storage of Material ment (1) The storage or processing of ma- terials that in time of flooding are buoyant, flammable, explosive, or could be injurious to human, anima~ or plant life is prohibited. (2) The storage of other material or equipment may be allowed ifnot sub- ject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (b) Subdivision Proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and wa- ter systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (4) The subdivider shall provide the regulatory flood protection elevation for each subdivision proposal of five (51 acres or fifty (501 lots, whichever is lesser. Section 4.111.2.6 Floodway Fringe Ov. erlay District (FF) 1) Permitted Uses Any use permitted in the underlying district that shall be permitted in the Floodway Fringe Overlay District (FFI provided that no use shall be permitted in the district unless the standards of provements shall be anchored to pre- vent flotation, collapse or lateral movement of the structure; b) All new construction and sub- stantial improvements shall be con- structed with materials and utility equipment resistant to flood damage; c) A II new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; d) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. e) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and f) All new and replacement on-site waste disposal systems shall be lo- cated to avoid impairment to them or contamination from them during flooding. and Equip. Special Session, June 28, 1978 the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the Flood Insurance Study dated October 31, 1975, provided by the Federal Insurance Administrationas the official documents. 2) Lands to Which Section Applies This Section shall apply to all lands within the jurisdiction of the City of Dub'!1:(Jue identified on the Flood In- surance Rate Map as numbered and unnumbered A zones and within the Fl,ood Hazard Overlay Districts es- tablished in Section 4-111.2.4. 3) Interpretation In their interpretation and, applica- tion, the provisions of this Section shall be held to be minimum require- ments and shall not be deemed a limitation or repeal of any other powers granted by State Statutes 4) Warning and Disclaimer of Lia. bility The degree of flood protection re- quired by this Section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams or bridge openings. restric- ted by debris. This Section does not imply that areas outside the flood hazard overlay districts or land uses permitted within such districts will be free from flooding or/lood damages. This Section shall not create liability on the part of the City of Dubuque or any officer or em* ployee thereof for any flood da.mages that may result from reliance on this Section or any adminsitrative deci- sion lawfully made thereunder. Sect. 4.111.2.4 Establishment of Flood Hazard Overlay Districts There are hereby established a Floodway Overlay District (FWI and a Floodway Fringe Overlay District (FF) whose. boundaries shall be con- sistent with the numbered and un- numbered A Zones as identified on the Flood Insurance Rate Map and in the Flood Insurance Study provided by the Federal Insurance Adminis- tration. Within these districts all uses not meeting the standards of this Section and those standards of the underlying zoning district shall be prohibited. Sect. 4.111.2.5. Standard for the Floodway Overlay District (FW) and the Floodway Fringe Overlay District (FF) 1) General Standards a) All new construction including mobile homes and substantial im- Substantial Improvement: "Sub stantial Improvement" means any re- pair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the mar/eet value of the structure either, (a) before the im- provement is started, or (bl if the struc- ture has been damaged and is being re" stored, before the damage occurred. For the purposes of this definition "substan- tial improvement" is considered to oc- cur when the first alteration-of any wan ceiling, flood, or other structural part of the building commences, whe ther or not that alteration affects the external dimensions of the structure. The term does not, however, include any altera- tion to comply with existing state or local health, sanitary, building, or safe ty codes or re gulations. 100 Year Flood: The base flood hav- ing a one percent chance of annual occur- rence. Sect. 4.111.2.3 General Provisions 1) Adoption of Flood Maps and Flood Insurance Study The City of Dubuque hereby adopts 302 the channel from the two sides of the flood plain. Floodway Fringe: That area of the floodplain, outside ofthefloodway, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in anyone year.J Mobile Home: A structure, transpor- table in one or more sections, which is built on a permanent chassis and de- signed to be used with or without a per- manent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. Mobile Home Park (Subdivision): "Mobile Home Subdivision" means a parcel (or contiguous parcelsl of land which has been divided into two or more lots for rent or sale and the placement of mobile homes. New Construction: New construc- tion means those structures where new construction or substantial improve- ment of which is begun after the effec- tive date of this Ordinance. Regulatory Flood Elevation: Eleva- tion indicated on the FIRM as the elev- tion of the 100 year flood. Regulatory Flood.Protection Eleva- tion: An elevation one foot higher than the water surface elevation of the regu- latory flood. Structure: A walled and roofed struc- ture including a gas or liquid storage tank that is principally above the ground, including but without (,imita- tion to buildings, factories, sheds, cab- ins, mobile homes, and other similar us- es. Mem- Wertzber- RESOLUTION NO. 22H8 A Resolution Directing the Transfer of Certain Community Development Block Grant Funds NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubu- que, Iowa: Section 1. That an amount not to ex" ceed Seventy-Five Thousand Dollars ($75,000) shall be transferred and re- programmed as shown below. Rehabilitation Interim Assistance To Rehabilitation Loans And Grants ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Council Members Brady, Far- rell, King. Nays-None. Abstain-Mayor Tully. Absent - Council Member Wertzber- ger. AN ORDINANCE of the City of Du- buque, Iowa, providing that the Code of Section 2. That the foregoing transfer of funds hasheretofore been ap- proved by the Rehabilitation Commis- sion and the Community Development Commission. Passed, adopted, and approved this 28th day of June, 1978. 305 this ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 6th day of July 1978. It 7/6 Council M em ber Brady moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Counci bers Brady, Farrell, King. Nays-None. Absent-Counc: ger. D. Michael King James E. Brady Carolyn Farrell Council Members Section 2. That the foregoing amend- ment has been approved by the Plan- ningandZoning Commiss{onofthe City of Dubuque, Iowa. purpose. Every such -appltcation shall: a) Identify and describe the work to be covered by the permit. b) Describe the land on which the pro- posed work is to be done by lot, block, tract and street address or similar de- scription that will readily identify and definitely locate the proposed building or work. c) Indicate the use or occupancy for which the proposed work is intended. d) Be accompanied by plans and spec- ifications for proposed cons truction. e) Be signed by the permittee or his authorized agent who may be re- quired to submit evidence to indicate such authority. t) Give such other information as may reasonably be required by the City Manager or his appointed designee. 3) Administrator of this Section The City Manager or his appointed designee is hereby appointed to ad- minister and implement the provi- sions of this Section. The duties of the City Manager or his appointed de- signee shall include, but not be lim- ited to: a) Review of all development permits to assure that sites are reasonably safe from flooding and that the per- mit requirements of this Section have been satisfied,' b)Review of all development permits to assure that all necessary permits have been obtained from Federal, State, or local governmental agen- cies from which prior approval is re- quired. c) Notify adjacent communities and the Iowa Natural Resources Council prior to any alteration orrelocation of a water-course, and shall submit evi- dence of such notification to the Fed- eral Insurance Administration; d)Assure that maintenance is provid- ed within the altered or relocated portion of said water-course so that the flood carrying capacity is not di- minished; e) Verify and record the actual eleva- tion (in relation to mean sea level) of the lowest floor (including the base- ment) of all new or substantially im- proved structures, f) Verify and record the actual eleva- tion (in relation to mean sea level) to which the new or substantially im- proved structures have been flood- proofed,' and g) Whenfloodproofingis utilizedfora particular structure the City Man- ager or his appointed designee shall be presented certification from a registered professional engineer or architect. Special Session, Jnne 28, 1978 above the regulatory flood protection elevation. (3) Adequate surface drainage and easy access for a hauler is provided. (4) In the instance of elevation on piers, lots are large enough to permit steps, pier foundations are placed on stable soil no more than 10feet apart and steel reinforcement is provided for piers more than 6 feet high, Section 4.111.2.7 Floodway Overlay District (FW) 1) Permitted Uses Only the following uses having a low flood-damage potential and not ob- structing flood flows shall be permit- ted within the Floodway Overlay District (FW) to the extent that they are not prohibited by any other ordi- nance and provided they do not re- quire structures, fil~ or storage of materials or equipment. No use shall increase the flood levels of the regulator flood elevation. These uses are subject to the standards of Sec- tion 4-111.2.5 and Section 4-111.2.6. a) Agricultural uses such as general farming, pasture, nurseries,forestry. b) Residential uses such as lawns, gardens, parking, and play areas. c) Non-residential areas such as loading areas, parking, airport land- ingstrips. d) Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and natural preserves. e) Streets, overhead utility lines, creek and storm drainage facilities, sewage treatment plant outlets, wa- ter supply intake structures, and other similar public or utility uses. f) Boat docks, ramps, piers for public- ly owned structures. g) Dams, provided they are con- structed in accordance with the regulations of the City of Dubuque, the Iowa Natural Resources Council and other State and Federal agen- cies. h) Placement of mobile homes is pro- hibited in the floodway, except in ex- isting mobile home parks and ex- isting mobile home subdivisions. Section 4.111.2.8 Administration 1) Permit Required No person, firm or corporation shal, initiate any development or substan- tial improvement or cause the same to be done without first obtaining a seprate permit for development for each building or structure. Passed, adopted, and 28th day of June, 1978. Thomas A. Tully Jr. Mayor lJ. Afichael}(ing James E. Brady Carolyn Farrell Council Members approved Leo F. Frommelt City Clerk Member Special Session, June 28, 1978 4) Appeals Appeals may be made to the Board of Adjustment by any person aggrieved or any municipal officer, department, board or bureau affected by any or- der, requirement, decision or deter- mination made by the City Manager or his appointed designee in the ad- ministration or enforcement of this Section. Such appeals shall be made in accordance with the provisions of Section 6-105. 5) Variances a) Authorization. The Board of Ad- Justment may authorize a variance from the strict application of any pro- vision of this Section, provided that such a variance may only be granted upon (1) a showing of good and suffi- cient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the variance issuance will not result in increased flood heights, ad- ditional th1'eats to public safety, ex- traordinary public expense, will not create nuisances, cause fraud on or victimization of the public, or conflict with existing local or state laws or or- dinances and (4) approval of the var- iance by the Iowa Natural Resources Council. No variance shall have the effect of allowing in any zoning district uses not permitted in that district by either this Section or any other Section of this ordinance. b) Procedure and Standards. Re- quest for variance shall be made in ac- cordance with the procedures and standards set forth in Section 6-107. c) Technical Assistance. The Board of AdJustment in its review of a var- iance request, and prior to rendering its decision, shall transmit one copy of the application and supplemental information to the City Engineer for technical assistance in evaulating the proposed variance. d) Notice to the Applicant. The City Manager or his appointed designee shall notify the variance applicant in writing that the issuance of a vari- ance to construct a structure below the 100-year flood level will result in increased actuarial rates for-flood in- surance coverage and that such con- struction increases risks to life and property. The applicant will provide written and notarized acknowledge- ment of such notification. 304 2) Application for Permit To obtain a permit, the applicant shall first file an application in writing on a form furnished for that "~"~'''- '~-"""__"~."M...;.J.^;:.-K"",,."" .......". 306 307 THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PROPERTY IN "HENRY A. ROBINSON INDUSTRIAL SUBDIVISION" FROM C.3 ARTERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION TO HI HEAVY IN. DUSTRIAL DISTRICT CLASSIFICA. TION. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the ''Zoning Or~ dinance and Zoning Map of the City of Dubuque, Iowa" to reclassify herein- after described property from "C-3 ArterialBusiness CommercialDistric1" classification to HI Heavy Industrial District classification, to wit: the northerly 26 feet of Lot 2 of Lot 1 of Lot 1 of "Henry A. Robinson In- dustrial Subdivision" in the City of Dubuque, Iowa Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 3rd day of July, 1978. Richard Wertzberger Mayor Pro-Tem D. Michael King James E. Brady Carolyn Farrell Council Members Leo F. Frommelt City Clerk 1t 7/5 Mayor Pro-Tem Wertzberger moved final adoption of the Ordinance. Second- ed by Council Member King. Carried by the following vote: Yeas-Mayor Pro-Tem Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Mayor Tully. RESOLUTION NO. 223.78 Authorizing Submission of a Request for Release of Funds for Certain Com- munity Development Block Grant Pro- jects WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program con- vened an ad hoc committee on June 12, 1978, and completed an Environmental Assessment of the following identified ATTEST, Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of July 1978. Regular Session,J uly 3, 1978 CITY COUNCIL OFFICIAL Regular Session, July 3, 1978. Council met at 7:30 P.M. (C.D.T.) 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 has been duly made and this Meeting is the regular monthly meeting of the Council called for the pur- pose of acting upon such business as may properly come before the Meeting. Proclamations proclaiming the week of July 16, 1978 as "Official Welcome Wagon Week" and July 15, 1978 as "Farmer Appreciation Day", were read, approved and signed by Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amend the Zoning Ordinance by reclassifying the Northerly 26' of Lot 2 of Lot 1 of Lot 1 of Henry A. Robinson!n- dustrial Sub. from C-3 Arterial Commer- cial District to Heavy Industrial District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council Member Wertzberger moved that the proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Council Members Brady, Far- rell, King, Wertzberger. Nays-None. Abstain-Mayor Tully. ORDINANCE NO. 41.78 AN ORDINANCE OFTHE 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 RECLASSIFYING PROPERTY IN "HENRY A. ROBINSON INDUSTRIAL SUBDIVISION" FROM C.3 ARTERIAL BUSINESS COMMERCIAL DISTRICT CLASSIFICATION TO HI HEAVY IN. DUSTRIAL DISTRICT CLASSIFI. CATION, said Ordinance having been previously presented-and read at the Council Meet- ing of June 5, 1978 presented for final adoption. ORDINANCE NO. 4H8 AN ORDINANCE OFTHE 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 Special Session, June 28, 1978 ATTEST: Leo F. Frommelt City Clerk Council Member King moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays-None. Absent-Council Member Wertzber- ger. Council Member Brady moved that the Transit Authority be directed to rein- stitute all services recently cut. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays-None. Absent-Council Member Wertzber- ger. There being no further business, Council Member Brady moved to ad- journ. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Tully, Council Mem- bers Brady, Farrell, King. Nays-None. Absent-Council Member Wertzber- ger. Leo F. Frommelt City Clerk Approved. . . . . . . . . . . . . . . . . . . . .. 1978 Adopted. .. . . . . . . . .. .. . . . . . . ... 1978 Council Members ATTEST: City Clerk 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 repealing the definition for "Department Store" in Article XI and adopting a new definition for "De- partment Store" in Article XI, pre- sented and read. Council Member Far- rell moved that the Ordinance be re- ceived and filed and referred to Council Meeting to be held on July 3, 1978. Se- conded by Council Member Brady. Car- ried by the following vote: Yeas - Council Members Brady, Far- rell, King. Nays - Mayor Tully. Absent-Council Member Wertzber- ger. AN ORDINANCE 01 the City 01 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 repealing Section 4-117.6 of Ar- ticle IV and ~dopting a new Section 4-117.6 of Article IV, prescribing special provisions governing the expansion of existing C-6 Commercial Districts and uses contained therein, presented and read. Council Member Farrell moved that the Ordinance be received and filed and referred to Council Meeting to be held on July 3,1978. Seconded by Coun" cil Member Brady. Carried by the follow- ing vote: Yeas-Council Members Brady, Far- rell, King. Nays - Mayor Tully. Absent-Council Member Wertzber- ger. RESOLUTION NO. 222.78 Authorizing the SUbmission of an Ap. plication for State Assistance Funds WHEREAS, the Dubuque Transit Trustee Board is filing an application for state transit assistance funds to be used for capital purchases. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Dubuque Transit Trustee Board be and it is hereby au- thorized and directed to file on behalf of the City of Dubuque an application with the Iowa Department of Transportation for state transit assistance funds in the amount of $92,915. Passed, adopted, and approved this 28th day 01 June, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell Council Members