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1978 September Council Proceedings 395 lteKular Session, September 4, 1978 CITY COUNCIL OFFICIAL Regular Session, September 4, 1978 No members oithe Council being pre- sent the meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved...................... 1978 Adopted. . . . .. . . .. . . . . . . . . . .. .. 1978 Council Members ATTEST: City Clerk ~ Sl'ecial Session, August 21, 1978 Services, 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Notice of Claim of Delbert J. Noel, in the amount of $31.47. for personal in- juries received on Bunker Hill Golf Course on June 28, 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Nile Harper et al (13 signers) opposing to proposed expansion of the Student Parking Lot between Bennett & Hale Streets and the pro- posed opening onto Hale Street from said lot as planned by the University of Dubuque, presented and read. Council Member .Farrell moved that the petition be referred to City Staff to report back at next Council Meeting. Seconded by Council Member W ertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King"Wertzberger. Nays - None. There being no further business, Council Member Wertzberger moved to adjourn. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. 1978 1978 Leo F. Frommelt City Clerk Members Counci Approved Adopted ATTEST: City Clerk August 15. 1978 Honorable Mayor and City Council Attached is a copy of the petition of Mrs. Ross Morley for the vacation of an alley at 693 Kaufmann. The petition was referred to the City Manager at Council meeting of August 7th with instructions to report back to Council August 21st. The petition has been investigated by the City Engineer. The Morley home is located on the alley. A letter has been sent to the peti- tioner along with a plat showing the sec- tion of alley we would recommend for va- cation. We have asked the petitioner to con- tact other abutters to the alley for their written concurrence. It was explained to the petitioner that she would pay the cost of survey and plat, the cost of notice and filing plus one hundred dollars. We await the response of the peti tioner. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed and referred to the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. MINUTES SUBMITTED BY Five Flags Commission of their meeting of August 1, 1978; Citizens Advisory Com- mission of their meeting of July 25, 1978; Playground & Recreation Commission of their meeting of July 17, 1978; Com- munity Development Commission of their meeting of August 8, 1978 and Planning & Zoning Commission of their meeting of August 14, 1978, presented and read. Council Member Wer.tzberger moved that the minutes be received and filed. Seconded by Council Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzherger. Nays - None. Communication of Northwestern Bell requesting permission to cut into a por- tion of a ten year street along University Avenue from Loras to Asbury, presen- ted and read. Council Member Wertz- berger moved that the request be ap- proved subject to City Engineering ap- proval. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communications of Iowa D.E.Q. sub- mitting water main construction permit for Schiltz Sub. No. -2 also sewer con- s,truction permit for Hillcrest Family 394 397 ular Session, Sel'tember 5, 1978 Re Dubuque for its streets and parking facilities from June 30,1977 to June 30, 1978 wherein receipts and expenditures are shown for 1977 along with a Street Bond supplement. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the official report of the City of Dubuque for its streets and parking facilities from June 30, 1977 to June 30, 1978 be and the same is hereby approved. Passed, adopted, and approved this 5th day of September,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Wertzberger. Carried by the followiong vote: Yeas - Mayor Tully. Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 294.78 WHEREAS, there has been presented to the City Council of the City of Dubu- que, Iowa a proposed Agreement to be entered into by and between the City of Dubuque and RET Corporation, Hamil- ton Glen Associates {Phase 0 and Hamilton Glen Associates {Phase III, both limited Iowa Partnerships; and WHEREAS, said Agreement per- tains to installation of sanitary intercep- tor sewer Agreement originally pre- pared for RET Corporation, Schiltz De- velopment Corporation, The Archdi- ocese of Dubuque, Fondell and Sons In- corporated and the City of Dubuque; and WHEREAS, the estimated cost of said sanitary interceptor sewer installa- tion bas been established and the respec- tive shares of the cost of said sanitary in- terceptor sewer installation has been de- termined which is to be paid by the re- spective parties as follows: RET, to pay an estimated cost of $32,342.33, said amount to be ad- justed as final cost is determined tak- ing 63.450/0 of the total project cost, less $27,500.00 paid by City of Dubu- que and the Archdiocese of Dubuque. $32,342.33 was to be placed by RET into an escrow account payable to the City of Dubuque only, prior to signing of contracts for the sewer project and monthly withdrawals were to be made by the City in accordance with August 25, 1978 To the Honorable Mayor and City Council Enclosed find our June 30, 1977 to June 30, 1978 Street Finance Report which includes all income and expen- ditures for street and parking purposes. The first column contains the entire Road Use Tax accounting, which in- cludes new street construction, road and alley repair, snow removal, street clean- ing, traffic signal construction, right of way purchases, and equipment pur- chase. The second column is our street fund account which is derived mainly from property taxes and is expended for road maintenance, traffic signs and markings, tree trimming and Street Department administration. The third column accounts for income and expenditures for street and storm sewer purposes from special assess- ments, public works grants (17th Street Storm, Marshall & Roosevelt Park roads), state refunds for arterial con- struction (S. Locust). Also included are F.A.U.S. money (school signals, Wacker turn lane, Jackson Street paving, North West ByPass engineering), Property Taxes (street lights, storm sewer repair, engineering adminsitration, Street Department, employee expense). The total expenditure for street-re- lated purposes this year is $2,793,582 as compared to $2,381,603 for last year. The parking report on the separate sheet shows our expenditures this year as $1,140,704 compared to last year's ex- penditures of $362,889. This Increase reflects the expansion of Iowa Street Parking Ramp 1$792,6281. Your approval of this report is re- quested. 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 - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays -None. RESOLUTION NO. 293-78 Approving Official Report of Munici- pality for Municipal Streets and Parking lor 1977 WHEREAS, an official report of mu- nicipality expenditures and receipts for 1977 for Municipal streets and parking facilities in the City of Dubuque, has been duly prepared as required by Chap- ter 312 Road Use Tax Account, Code of Iowa, and submitted to this Council for approval, and WHEREAS, this Council has exam- ined the official report of the City of Reu:ular Session, September 5, 1978 ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of Sep- tember, 1978. Leo F. Frommelt City Clerk 11 9/8 Council Member Wertzbergermoved final adoption of the Ordinance. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas -Mayor Tully, Council Members Brady, Farrell. King. Wertzberger. Nays - None. IOWA" BY RECLASSIFYING PRO. PERTIES IN THE MOUNT LORETTA- TRESSA STREET NEIGHBORHOOD FROM R.3 RESIDENTIAL DISTRICT CLASSIFICATION TO R-2 RESIDEN. TIAL DISTRICT CLASSIFICATION. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, 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 "R-3 Residential District" classification to "R-2 Residential District" classifica- tion, to wit: Lot 1 of Lot 1 of Lot 2 of Lot 18 of Mineral Lot 39; Lot 1 of Lot 2 of Lot 2 of Lot 18 of Mineral Lot 39; Lot 1 of Lot 1 of Lot 20fLot 19 of Mineral Lot 39: Lot 2 of Lot 2 of Lot 19 of Mineral Lot 39: West 47feet of Lot 20 of Min- eral Lot 39; East 13 feet of Lot 20 of MineralLot 39;Lot 6, Lot 7, Lot 8, Lot .9, Lot 10, Lot 11 and Lot 12 of Mineral Lot 39,' Lot 22, Lot 23, Lot 24, Lot 25, Lot 26, Lot 27 and Lot 28 of Mineral Lot 39,' Lot 1 and Lot 2 of Lot 21 of MineralLot39: Lot 1 and20fLot 13 of Mineral Lot 39,' Lot 2 of Lot 14 of Mississippi Heights #2; Lot 2 of Lot 2 of Lot 2 of Mississippi Heights #3; and Lot 2 of Lot 1 of Lot 2 of Lot 2 ojMissis- sippi Heights #3; all in the City of Dubuque, Iowa Section 2. That the foregoing amend- ment has heretof01'e been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted, and approved this 5th day of September, 1978. Thomas A. Tully Jr. Mayor RiQhard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members COUNCIL OFFICIAL Regular Adjourned Session, Septem- ber 5, 1978. Council met at 7:30 P.M. {C.D.T.l Present - Mayor Tully, Council Mem- bers Brady, Farrell, King, W ertzberger. City Manager Gilbert D. Chavenelle. Mayor Tully read the call and stated this is an Adjourned Session of the Regular Session of September 4, 1978, called for the purpose of acting upon such business as may properly come before the Meeting. Invocation was given by Father Loran of Holy Trinity Catholic Church. Proclamation proclaiming period from September 7th thru October 31st be known as "United Way Campaign Time", was read, approved and signed by Mayor Tully. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to consider rezoning of various pro- perties in the Mt. Loretta-Tressa Street Area from R-3 to R-2 Residential Dis- trict Classification, presented and read. No written objections filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Council MemberWertzberger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Wertzberger. Nays - None. ORDINANCE NO. 51.78 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 THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PRO. PERTIES IN THE MOUNT LORETTA. TRESSA STREET NEIGHBORHOOD FROM R.3 RESIDENTIAL DISTRICT CLASSIFICATION TO R.2 RESIDEN. TIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meet- ing of August 7, 1978, presentedfor final adoption. ORDINANCE NO. 51-78 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 THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, 396 CITY -~-""'~;'''-'I.-4''''';''''., 399 ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of Sep- tember 1978. Leo F. Frommel City Clerk It 9(8 Council Member Brady moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas -Mayor Tully, Council Members Brady, Farrel~ King. Nays- Council Member Wertzberger. ORDINANCE NO. 53.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A SECTION TO BE NUM. BERED 25.333, PROVIDING FOR AVE. HICLE DISPLAYING A VALID PARK. ING STICKER TO PARK A MOTOR VEHICLE UPON THE STREETS OF THE CITY OF DUBUQUE IN PARKING METER DISTRICTS A, BANDCSHALL BE EXEMPT FROM THE PROVISIONS OF SECTION 25.327 AND SECTION 25.328, presented and read. Council Member Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King~ Nays - Council Member Wertzberger. Council Member Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - Council Member Wertzberger. ORDINANCE NO. 53.78 AN ORDINANCE OF THE CITY OF DU. BUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY ADDING A SECTION TO BE NUM. BERED 25.333, PROVIDING FOR AVE. HICLE DISPLAYING A VALID PARK. ING STICKER TO PARK A MOTOR VEHICLE UPON THE STREETS OF THE CITY OF DUBUQUE IN PARKING METER DISTRICTS A, BANDCSHALL Thomas A. Tu~~y Jr. Mayor D. Michael King. James E. Brady Carolyn Farrell Council Members ular Session, Sel'tember 5L 1978 ceived and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council 'Member King. Carried by the following vote: It shall be unlawful for any per- son to park a motor vehicle on those streets or portions thereof designated from time to time as areas where parking is prohib- ited, whether at all times, be- tween certain hours, for longer titan specified times between cer- tain hours or for longer than spec- ified times, in violation of such regulations when signs have been posted in such areas gi'l-,ingnotice of such regulations, except for those vehicles displaying a valid parking s ticker permit as defined in Section 25-393, parked in a designated two hour parking time zone. Yeas - Mayor Tully, Counci. Brady, Farrell, King. Nays - Council Member Wertzberger. Members For the purpose of such regula- tions, any vehicle not moved out of the block during specified and designated parking periods, shall -be deemed to have remained sta- tionary. Those vehicles display- ing a valid parking sticker shall be exempt from. this provision. " "Sec. 25-257 Prohibited Where or As Posted, this ORDINANCE NO. 52.78 AN ORDINANCE OF THE CITY OF DU. BUQUE PROVIDING THATTHE CODE OF ORDINANCES, CITY OF DUBU. QUE, IOWA BE AMENDED BY RE. PEALING SECTION 25.257 OF SAID CODE AND ENACTING A NEW SEC. TION 25.257 IN LIEU THEREOF, PRO. VIDING THAT A VEHICLE DISPLAY. ING A VALID PARKING STICKER TO PARK A MOTOR VEHICLE UPON THOSE STREETS OR PORTION OF STREETS DESIGNATED AS TWO HOUR TIME ZONES AND SHALL BE EXEMPT FROM SUBSECTION (A) AND (B) OF SECTION 25.257 NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 25-257 of the Code of Ordinances of the City of Dubu- que, Iowa be repealed and a new Section 25"257 enacted in lieu thereof so that such section shall read as follows: Pussed, adopted, and approved 5th day of September, 1978. Re a. b, Regular Session, Sel'tember 5, 1978 of said Agreement, until said costs ad- vanced by the City shall be paid together with interest at the legal rate. Section 3. That the Mayor and the Ci- ty Clerk be and they are hereby directed to execute said Agreement for and on be- half of the City of Dubuque. Section 4. That a certified copy of this Resolution be filed in the office of the Auditor of Dubuque County. Passed, adopted, and approved this 5th day of September,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager re- questing consideration to amend the Traffic Ordinance providing for a vehicle displaying a valid parking ticket in Park- ing Districts, presented and read. Coun- cil Member Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays ~ None. . ORDINANCE NO. 52.78 AN ORDINANCE OF THE CITY OF DU. BUQUE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBU. QUE, IOWA, BE AMENDED BY RE. PEALING SECTION 25.257 OF SAID CODE AND ENACTING A NEW SEC. TION 25.257 IN LIEU THEREOF, PRO. VIDING THAT A VEHICLE DIS. PLAYING A VALID PARKING STICKER TO PARK A MOTOR VEHI. CLE UPON THOSE STREETS OR POR. TION OF STREETS DESIGNATED AS TWO HOUR TIME ZONES AND SHALL BE EXEMPT FROM SUBSECTION (A) AND (B) OF SECTION 25.257, presented and read. Council Member Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Council Member King. Carried. by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Nays - Council Member W ertzberger. Council Member Brady moved that the rule requiring an Ordinance to be re- 398 the monthly construction Payments. In addition, RET was to furnish the City. with certain easements as set out in said agreement; and WHEREAS, due to financial dif- ficulties RET Corporation, Hamilton Glen Associates '(Phase 1) and Hamilton Glen Associates (Phase II) do nofnave the necessary current funds to pay their respective shares of the cost of said san- itary interceptor sewer installation; and WHEREAS, in an effort to minimize the owners' financial plight upon the respective parties arising out of any un- due delay in the installation of said sanitary interceptor sewer and the City of Dubuque is willing to advance the shares to be paid by RET Corporation, Hamilton Glen Associates (Phase I) and Hamilton Glen Associates (Phase II) pro- viding; however, that said advances be- come a lien against the real property owned by RET Corporation, Hamilton Glen Associates (Phase 1) and Hamilton Glen Associates (Phase II) and further providing that no connection be made to said sanitary sewer or appendages thereof or permitted by RET Corpora- tion Hamilton Glen Associates (Phase 1) and Hamilton Glen Associates (Phase II) without first making payment of the share of the cost of said sanitary inter- ceptor sewer installation advanced by said City; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement by and between City of Dubuque, RET Cor- poration, Hamilton Glen Associates (phase 1) and Hamilton Glen (Phase III be and the same is hereby approved. Section 2. That the share ofRET Cor~ poration, Hamilton Glen Associates (Phase I) and Hamilton Glen Associates (Phase II) to be paid by them and owed by them shall be advanced by the City of Dubuque and such advance shall consti- tutea lien against the property owned by RET Corporation, Hamilton Glen As- sociates (Phase I) and Hamilton Glen As- sociates (Phase II) and that the City Clerk, be and he is hereby authorized and directed to certify to the County Auditor the total costs advanced in con~ nection with the installation of said san- itary interceptor sewer and payable by RET Corporation, Hamilton Glen Asso- ciates (Phase I) and Hamilton Glen Associates (phase II) be forthwith estab- lished as a special tax lien against pro- perty owned by the aforementioned and further provide that no connectioD.shall be permitted to any part or appendage, directly or indirectly, as relates to the sanitary interceptor sewer, the subject 401 Yeas - Mayor Tully, Council Members Brady, Farrell,King, Wertzberger. Nays - None. Communication of City Manager re- questing concurre1).ce in the selection of the Durrant Group architects for con- struction of 32nd Street Fire Station as recommended by Communit~T Develop- ment Committee, presented and read. Council Member Wertzberger moved that the communication be received and filed and recommendation be approved. Seconded by Council Member King. Car- ried by the following vote: Yeas - Council Members Brady, Far" rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Communication of City Manager and City Engineer advising of completion of South Fork Sanitary Sewer by Tri-State Paving Co., presented and read. Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member King. Car- ried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully . FINAL ESTIMATE RESOLUTION NO. 295-78 WHEREAS, the contract for the South Fork Sanitary Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and prepar- ing the assessment and plat, now there- fore. BE IT RESOLVED, by tbe City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $99,933.08 That none of the cost thereof shall be assessable upon private property and $99,933.08 shall be paid from the Local Public Works Funds, sewage rental funds and private contributions of the City of Dubuque. Passed, adopted, and approved this 5th day of September, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council MemberWertzberger moved adoption. of the Resolution..Seconded by Council Member King. Carried by the following vote: tember 5, 1978 ReJ(ular Session, Se August 29, 1978 The Honorable Mayor and City Council At the Council work sess~on, August 28, a Community Development Program Prospectus was presented, discussed and referred to the meeting of Septem- ber 5. The program consists of a continua- tion of neighborhood improvement mainly through rehabilitation. the use of a substantial portion of community de- velopment funds for economic activities and the development of a three year pro- gram. Further, it is proposed to employ the firm Trkla, Pettigrew, Allen and Payne, Inc. to assist in the development and execution of the components of a three year plan. Enclosed is a copy of the program statement presented at the work meet- ing. I do realize that the Council reviewed the program when budget appropria- tions were made for this fiscal year. I re- quest, however, that you again affirm the program direction and instruct us to proceed to work out the terms of a con- tract with the Trkla firm. Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communicatidn be received and filed and recommendation of City Man- ager approved. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. Abstain - Mayor Tully. Communication of Building Depart- ment requesting date of hearing in the matter of appeal froin the Housing Code submitted by Thomas Hill at 1137 High Bluff St., presented and read. Council Member Farrell moved that the commu- nication be received and filed arid public hearing be set for 7:00 o'clock P.M. on September 18, 1978in the Council Cham- bers in City Hall. Seconded by Council Member Wertzberger. Carried by the following vote A resident parking sticker shall be defined as a permit to park a motor vehicle upon the streets of the City of Dubuque in parking meter districts A, Band C. When a valid parking sticker is dis- played upon a vehicle. that vehi- cle shall be exempt from the pro- visions of Section 25-327 and Sec- tion 25-238 which apply to meter districts A, Band C. A resident parking stick?r shall only be issued to an individual who is occupying a housing unit as his principle abode. The hous- ing unit must be located within parking meter districts A, B or C. No more than one parking sticker shall be issued for each housing unit and shall be issued subject to the following conditions: 1. The place of residency of the applicant shall be verified by the Chief of Police. 2. Permits shall be issued only to vehicles bearing valid Iowa registration. 3. Permits shall be issued at the rate of one (1) per block in those blocks having ten or fewer parking spaces and at the rate of two (2) per block in those blocks containing elev- en or more parking spaces. 4. In the case of multiple applica- tion, the length of residency shall be the determinationfac- tor and preference shall be given that applicant with the longest term residency in the block. The resident parking sticker shall indicate a control number, the locationforwhich the sticker is valid, the expiration date and the license number of the vehicle fQr which itis issued. The block in which the resident parking stick- eris valid shall be determined by the Chief of Police or his duly authorized representative in ac- cordance with b.,3. above. The resident parking sticker shall be placed in the upper portion of the Communications of Boards and Com- missions Study Committee submitting their report and recommendations, pre- sented and read. Council Member Wertzberger moved to adopt report as amended - Items #4, 5, 7, 9 & 12 and referred to Study Group and Staff for implementation. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Regular Session, Sel'tember 5, 1978 rear window on of the vehicle. The resident parking sticker shall not be issued to any busines- ses, corporations or organiza~ tions who maintain facilities in the meter districts. No person shall knowingly mis- represent or intentionally falsify any information which _is re- quired in order to obtain a resi- dent parking sticker. No person shall park a vehicle bearing. a resident parking stick- er in any area other than that in- dicated on the sticker, unless he has fulfilled the requirements of any and all parking ordinances applicable to that area. g. The City Manager is hereby authorized to set afee for the is- suance of the resident parking sticker. The sticker shall be sold on a quarterly basis and the cost shall be pro-rated to the nearest half month. The City Manager shall have the authority to revoke the parking sticker of any person who fails to continue to meet the original issuance requirements. In the event of revocation of a res- ident parking sticker, refund shall be made for any month re- maining wholly unused. h. Any ,person violating any provi- sion of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by afine not exceed- ing $100.00, and upon failure to pay said fine shall be imprisoned for a period not exceeding thirty 1301 days. Passed, adopted, and approved this 5th day of September, 1978. Thomas A. Tully Jr. Mayor D. Michael King James E. Brady Carolyn Farrell -Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald NewBpaper this 8th day of Sep- tember 1978. Leo F. Frommelt City Clerk the driver's side d e. f Parking BE EXEMPT FROM THE PROVISIONS OF SECTION 25-327 AND SECTION 25-328 NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or- dinances of the City of Dubuque be amended by adding a section tobe num- bered 25-333 to read as follows: Resident "Sec. 25.333, Permits. c, 0. b. 400 1t 918 Council Member Brady moved final adoption of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas -Mayor Tully, Council Members Brady. Farrell, King. Nays - Council Member Wertzberger. 403 $303,289.00. A copy of the approved bud- get it attached. To receive this funding. it is necessary to execute a grant contract with the fed- eral agency. In view of that this applica- tion was filed in the name of the Dubu- que Trustee Transit Board. we would re- quest that the Chairman of that Board be authorized to execute the agreement. We understand that future such applica- tions and grant contracts will be in the name of the City of Dubuque for execu- tion by the Mayor. Mr. William Kohler will be present Monday evening to respond to any ques- tions which you may have. Gene M. Wittenberg Assistant City Manager Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays -None. RESOLUTION NO. 299.78 Authorizing Execution of Operating Assistance Grant Contract with the Urban Mass. Transportation Adminis. tration WHEREAS, under date of August 21, 1978 the Urban Mass Transportation Administration tendered an Operating Assistance Grant Contract providing for a $303,289 payment to the City of Dubuque; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A that: Section 1. The Mayor of the City of Dubuque and the Chairman of the Tran- sit Trustee Board are hereby authorized and directed to execute an Operating Assistance Grant Contract for Project No. IA -05-4025 covering the period of J u- Iy 1.1977 to June 30, 1978, Passed, adopted, and approved this 5th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Dock ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Communication of Board of Regular Session, Sel'tember 5, 1978 August 30, 1978 The Honorable Mayor and City Council One of the capital improvement items approved in the current budget is the re- placement of the electronic equipment in the Locust Street Ramp. Major items to be replaced include: 2 ticket dispensers 2 gates 2 cash registers 1 combination coin and card station. The original equipment has been in continuous use since 1965 and through normal wear and tear has reached the end of its physical life. In addition to numerous breakdowns, a manufacturer of a portion of the equipment is no longer in business and difficulties are exper- ienced in obtaining replacement parts. Bids for the new equipment have been taken and are summarized as follows: Parking, Inc. Automatic Parking Devices $14,266 National Cash Register $ 5,750 $20,016 Boots & Rappel Time Systems, Inc. Cincinnati Time Systems, Inc. $24,128 {includes cash registers) A local electrical firm will also be re- quired to complete the work and that fig- ure amounts to $3,000. We would recommend awarding the work to Parking, Inc. and National Cash Register as the lowest bidders. The equipment to be provided by Parking Devices, Inc. is interchangeable with the equipment presently installed in the Iowa Parking Ramp. This will reduce in- ventory requirements as well as assist in our ongoing maintenance program. The majority of the work will be ac- complished on a Sunday so as not to in- terfere with the normal parking oper- ations of the Locust Street Ramp. Gilbert D. Chavenelle City Manager Council Member Farrell moved that the recommendation be approved. Se- conded by Council Member Wertzber- ger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. August 30, 1978 The Honorable Mayor and City Council The Dubuque Transit Board has been advised that the City's application for an operating assistance grant from the Ur- ban Mass Transportation Administra- tion for the fiscal year ending June 30, has been approved in the amount of Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Regular Session, September 5, 1978 the cost of estimates, notices, inspection, and preparing the assessment and plat, now -therefore, BE IT RESOLVED. hy the City Coun. cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $96,885.53. That none of the cost thereof shall be assessed upon private property and $96,885,53 shall he paid Irom the Road Use Tax Fund of the City of Dubuque. Passed, adopted,' and approved this 5th day 01 Septemher.1978, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. A Resolution Accepting Improvement RESOLUTION NO. 298.78 WHEREAS, the contract for the City of Dubuque 1978 Asphalt Patching Pro- ject has been completed and the City Manager has examined the work and fil- ed his certifiate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the CityCoun- cil of the City of Dubuque, that the re~ commendations 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 Road Use Tax Fund in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted, and approved this 5th day of September. 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady 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: 402 Y eas- Council Members Brady, Far~ rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. (Resolution Accepting Improvement) RESOLUTION NO. 298.78 WHEREAS, the contract for the South Fork Sanitary Sewer has been completed and the City Manager has ex- amined 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 re- commends its acceptance, now there- fore. BE IT RESOLVED, hy the City Coun- cil of the City of Dubuque, that the re- commendation 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 funds to be realized from Local Pub- lic Works Funds, sewage Rental Funds and by private contributions issued up- on 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 01 Septemher, 1978, Richard Wertzberger Mayor Prq-Tem D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Y eRS- Council Members Brady, Far- rell, King, Wertzberg-er. Nays - None. Abstain - Mayor Tully. Communication of City Manager and City Engineer advising of completion of 1978 Asphalt Patching Project, pr-e- 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 Members Brady. Farrell, King, Wertzberger. Nays - None. FINAL ESTIMATE RESOLUTION NO. 297-78 WHEREAS, the contract for the City of Dubuque 1978 Asphalt Patehing Pro- ject has been completed and the City Engineer has submitted his final esti- mate showing the cost thereof including 405 .terms and conditions of Resolution No. 300-78 of the City Council of the City of Dubuque, Iowa, and being familiar with the conditions thereof, h'ereby accept the same and agree to perform the condi- tions required therein, and further agree that no curb openings or other ac- cess from Pennsylvania A venue shall be provided directly to proposed Lot 1. Dated at Dubuque, Iowa this 5th day of September, 1978. Dubuque Development, Inc. By Joseph F. Siegert By Ruth M. Siegert As Contract Sellers By Edward D. Tschiggfrie President By Robert G. Steichen Secretary As Contract Purchaser Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 301-78 Resolution Approving the Plat 0' the Subdivision of Lot B 0' "Embassy West" in the City 0' Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a Plat of the Subdivision of Lot B of "Embassy West" in the City of Dubuque, Iowa; 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 the Sub- division of Lot B of "Embassy West" in the City of Dubuque, Iowa is hereby ap- proved 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 this 5th day of September, 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 Regular Session, September 5, 1978 the same conforms to statutes and or- dinances relating thereto; and WHEREAS, the City Planning and Zoning Commission has found that ade- quate access to proposed Lot 1 is provid- ed by way of Embassy West Drive and that a substantial public interest would be served by prohibiting direct access to Pennsylvania Avenue from said Lot 1; and WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commissi-on on the condition that direct access to Pennsylvania Avenue 'from proposed Lot 1 be prohibited; 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; and WHEREAS, the City Council concurs in the findings and conditions of ap- proval established by the City Planning and Zoning Commission; NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the dedications of the easements for public utilities as the same appear upon said Plat are hereby accepted. Section 2. That the Plat of the Sub- division of Lot 2 of Lot B of "Embassy West" in the City of Dubuque. Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby auth- orized and directed to endorse the ap- proval of the City of Dubuque, Iowa upon said Plat, provided that'the owner of said property shall execute its written acceptance hereto attached, acknow- ledging and agreeing: (AI To consent to the limitation pro- hibiting curb openings or other access from Pennsylvania A ve- nue to proposed Lot 1 Section 3. That in the event the owner shall fail to execute the accep- tance provided for in Section 2 hereof within forty-five (45) days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the Plat shall not be effective. Passed, adopted,. and approved this 5th day of September, 1978. Thomas A. Tully Jr~ Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt. City Clerk - ACCEPTANCE OF RESOLUTION NO. 300.78 We, the undersigned having read the Regular Session, September 5, 1978 Augnst 28, 1978 Honorable Mayor and Council Members RE: FINAL PLATS. EMBASSY WEST SUBDIVISION The City of Dubuque Planning and Zoning Commission has reviewed two final plats, submitted by Mr. Edward Tschiggfrie, subdividing property in "Embassy West" Subdivision in the City of Dubuque, Iowa. The first plat sub- divides Lot B of "Embassy West" into Lot 1 and Lot 2 of that subdivision. The second plat subdivides Lot 2 of Lot B of the first subdivision into Lots 1 through 10 of Block 3 in "Embassy West" Sub- division. The property is located on the north side of Pennsylvania Avenue, west of Hempstead High School and is bounded on the west by the City's cor- porate limits. In their review, the Planning and Zon- ing Commission has found both plats to be in compliance with the Subdivision Regulations and the Zoning Ordinance of the City of Dubuque, Iowa. The Com- mission has voted to approve the linal plats conditioned on the understanding that no direct access will be allowed from Pennsylvania A venue to Lot 1 of Block 3 of "Embassy West" Subdivision. The Planning and Zoning Commission re- commends your favorable consideration and the condition of approval. 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 300-78 Resolution Approving the Plat 0' the Subdivision of Lot 2 0' Lot B of "Em_ bassy West" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a Plat of the Subdivision of Lot 2 of Lot B of "Embassy West" in the City of Dubuque. Iowa; and WHEREAS, said Plat has been exam- ined by the City Planning and Zoning Commission and they have found that adoption of the Resolution and set September 18, 1978 at 7:30 o'elock P.M. in the Council Chambers in City Hall as date of public hearing. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved 404 Commissioners recommending approval. of relocation plans proposed by In- terstate Power Company, 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 306.78 WHEREAS, there has been submit- ted to the City Council of the City of Dubuque, Iowa a proposed Transmis- sion Line Easement by and between the City of Dubuque, Iowa and interstate Power Company, a Delaware corpora- tion, wherein the City of Dubuque, Iowa grants unto Interstate Power Company, its successors and assigns. a perpetual right of way easement including the right, privilege and authority to install. construct, reconstruct, operate, main- tain and remove for the transmission of electric energy necessary towers, poles, wires. guys and other fixtures upon, over and across real estate owned by th~ City of Dubuque, Iowa in Dubuque Coun- ty, Iowa; a copy of which Transmission Line Easement is hereto attached and by reference made a part hereof; and WHEREAS, the City Council of the City of Dubuque, Iowa finds that said Transmission Line Easement should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE C1TY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Transmission Line Easement by and between the City of Dubuque, Iowa and Interstate power Company, a Delaware Corporation, wherein the City of Dubuque, Iowa grants unto Interstate power Company, its successors and assigns, a perpetual right of way easement for the rights and privileges as hereinabove set out be and the same is hereby approved. Section 2. That the City Clerk is hereby authorized and directed to cause notice of intent to grant said perpetual right of way easement, to be published in a manner provided by law. Passed, approved, and adopted this 5th day of September, 1978. Th-omas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members 407 conded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell. King, Wert7.berger. Nays - None. Attorney Art Gilloon, representing Mrs. Geiger, addressed the Council quo- ting several sections of our Zoning Or- dinance regarding setting a public hear- ing; Stated this is not the time to set this matter [or a public hearing. Phil Kell.y, on behalf of the YM-YWCA stated the delay costs art' running quite high. Calmeil l\lemher Wertzbergt'r moved that the communitation of Helen Gf'igPf be' rr('rivpd and filf'd. Senlllrlf'd by Council IVlernber l"arrel1. Carried by the rol]owin~; \'()[(': Y pas - ;,,'Iavor Tullv. Council ,\'lernrwrs Hrady. F'arTell, King, Wf'rtztwn('f'f. !'\avs - NOllf'. A:'-J OHDli\AI\CE of tht' Cit,\ of Dubuque.lO\va. providing that the Cod,' of Ordinanc!'s. City ofDllhuquf'.lowa. lw amended by' revising Appendix A thert' of, also known as tlH' "Zoning Ordinann' and Zoning :\1ap of the City of Dubuque. Iowa", by reclassifying prop!'rty at Booth and Dodge Streets from R-2 Hesidential District Classification to OR-l Office Resirlential Distrid Classifi- cation (Yl'vl-Y\VCA\, prl:'scntcd anrl rearl. Council Member \Vcrtzbeq{er moved that the reading just had be ronsiderl.d the first rl:'ading of the Orrlinancf'. Se condC'd bv Couneil Member r'arreJ!. Car- ried by the following vote: Yeas - Mayor Tully. Council Members Farrell, King, Wcrtzbcrger. Nays - Council Member Bradv. Co~ncil Member Wertzberge'r 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 Members Farrell, King, Wertzberger. Nays - Council Member Brady. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on October 2,1978 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 - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. RESOLUTION NO. 303.78 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 Reltular Session, September 5, 1978 lots shall be made part of confor- ming zoning lots having frontage on a public street. Section 2. That in the event the owner shall Iail to execute the Accep- tance provided for in Section 1 hereof within forty-five (45) days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the Plat shall not be effective. Passed. adopted. and approved this 5th day of September, 1978. Thomas A. Tully Jr. I\layor Richard \A/ertzberg"er D. Michael King James E. Brady Carolyn FarJ'(,]1 COllncil1VI"mIH ATTEST: Lpo F. Frornnwl (it v Clpl'k ACCEPTANCE OF RESOLUTION NO. 302-78 We. the unrlersignpd. havim; rpad th( terms and conditions of the foregoing Resolution ~o. 302 78 and being- familiar with t.he condit.ions thereof. hereby M'- cept the same and agree to the eonrli- lions set forth therein. Dated at Dubuque, Iowa, this 12th day of October, 1978. H.ichard V. Hansel Charlene L. Hanstd Woodrow H. Wenkstern Henrietta Wenkstern Eleanor J. Rafoth, Individually and as Executor of the Estate of Russell L. Rafoth, Deceased. Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully; Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of P & Z advising of tabling the matter of rezoning for the YM-YWCA from R-2 Residential toOK1 Classification, to their meeting of September 20th indicating the Council set a date of hearing after that date, 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 Members Brady, Farrell, King. Wertzberger. Nays - None. Communication of Helen Geiger ob- jecting to rezoning of YM-YWCA for various reasons, presented and read. Council Member Wertzberger moved to suspend the rule to let anyone present address the Council if they so desire. Se- ltegular Session, September 5, 1978 Subdivision" in the City of Dubuque, Iowa is platted as: Lot 1 of the Subdivi- sion of Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Dubuque, Iowa and Lot 2 of the Subdivision of Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Dubuque, Iowa; and Lot 1 of the Subdivision of Lot 1 of Lot 10fLot 1 of Block 21 in "Key Knolls Subdivision" in the City of Dubuque, Iowa, and Lot 2 ofthe Subdivision of Lot 1 of Lot 1 of Lot 1 of Block 21 in "Key KnollsSubdivision" in the City of Dubuque, Iowa: and WHEREAS, said Plat has been flX- amined by the City Planning and Zoning Commission and they finn the same con- forms to the statutes aml ordinan('('s rf'- Jating- thereto. ex('ept that th(' lots 10 bt' known as Lot j and Lot 2 ortlw Subdivi sinn of Lot 1 of Block 18 in dKp.v Knolls Subdivision" do not front on a puhlic street; and WHEREAS. said Plat hi1s hf'f'n ilp- proverl by the City Planning- and Zoning Commission on tlw ('onditiol1 that the lots to be known as Lot 1 and Lot 2nfthe Subdivision of Lot 1 of Block 18 in "Kev Knolls Subdivision" will only be dew'l- oped as part of larger tracts in <,ommon ownership which have frontage on a public street; and WHEREAS. said Plat has bf'en f'XClm- ined bv the Citv Council and theY finrl the sa~e confo~ms to the statut~s and ordinanees relating theret.o. except that the lots to be known as Lot 1 and Lot 2 of the Subdivision of Lot 1 of Block 18 in "Key Knolls Subdivision" do not front on a public street; and WHEREAS, the City Council concurs in the findings and conditions of ap- proval established by the City Planning and Zoning' Commission: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the Plat of the Sub- division of Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Dubu- que, Iowa and of the Subdivision of Lot 1 of Lot 1 of Block 21 in "Key Knolls Sub- division" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat, provided that the owner of said property shall execute its written acceptance hereto attached, acknow- ledging and agree-ing: {al That the City of Dubuque, Iowa will not issue a permit for any de- velopment on the lots to be known as Lot 1 and Lot 2 of the Subdivi- sion of Lot 1 of Block 18 in "Key Knolls Subdivision" in:the City of Dubuque, Iowa, except as said ~;~""",";;';:":;'~' ~~.~~C:;',,":-:~ .~.-- Carried by the Angust 80.1978 Honorable Mayor and Council Members RE: FINAL PLAT. KEY KNOLLS SUBDIVISION The City of Dubuque Planning and Zoning Commission has reviewed a final plat subdividing Lot 1 of Block 18 in "Key Knolls" Subdivision into Lots 1 and 2, and subdividing Lot 1 of Lot 1 of Lot 1 of Block 21 in "Key Knolls" Subdivision into Lots 1 and 2. The property is located on the north side of IIill('r0st. Roao west of the Ponderosa Restaurant in the City of Duhuque. as depicted on the' attached vicinity map. The Planning- and Zoning Commission has found that the intent of t hp suhdivi- sion of the property is for development purpos0s and that it is in conforman('(' with the Subdivision ReP.'ulation ano Zoning Ordinance of the City or Duhu- que, Iowa, ('xcept that Lots 1 and 2 of Block 18 do not have frontage on a public street. The Commission has voted to approve the plat including the waiver of thp re- quirement that Lots 1 and 2 of Block 18 front on a puhlic street conditioned on the understanding that no development will be permitted on those lots unless they are combined with other lots which do have street frontage. That condition is setforth in the attached Resolution. Accordingly, the Planning and Zoning Commission recommends your favor- able consideration of the "Key Knolls" plat and above-noted condition. 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 302.78 Resolution Approving Plat of the Sub. division of Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Du. buque, Iowa; and the Subdivision of Lot 1 of Lot 1 of Lot 1 of Block 21 in "Key Knolls Subdivision" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a Plat in which Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Dubuque, Iowa and Lot 1 of Lot 1 of Lot 1 of Block 21 in "Key Knolls 406 Council Member Farrel following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. ~'""";,.-~_o 407 {'anded by Council Member King. Car- ried by the following vote: Yeas - Mayor Tully, Council Membcrs Brady, Farrell, King, Wertzbergcr. Nays" None. Attorney Art Gilloon, represent.ing Mrs. Geiger, addressed the Council q uo- ting several sections of our Zoning Or- dinance regarding setting a puhlic hear- ing; Stated this is not.lhe lime to set this maller for a public hparing. Phil Kelly. on behalf oUhe YM-YV....'('A stated the delay costs are running quite high. Council Member '\VNt7.hergpr movcd that the comrnunieation of Helen Geiger be recpivNI and filPf.L Sp('ondpd b.y Council Ivh'mher Farrcll. Carried b:I" the following' vot(': Ycas - !\1ayor 'full:">,', Council \'Icmlwrs Urad.y, Farrell, King, Wertzben;-er. Nay's - )Jone. AN ORDINANCE of tl1(' City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, he 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 at Booth and Dodge Streets from R-2 Residential District Classification .to OR-1 Office Residential District Classifi- cation (YM-YWCAl, presented and read. Council Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King, Wertzberger. Nays - Council Member Brady. 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 Members Farrell, King, Wertzberger. Nays - Council Member Brady. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on October 2, 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 - Mayor Tully, Council Members Farrell, King, Wertzherget. Nays - Council Member Brady. RESOLUTION NO, 303.78 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 tember 5, 1978 Re~ular Session, Se lots shall be made part of con for minK zoning lots having- fl'Ont.ag-e on a public street. Section 2. That in the event the owner shall fail to execute the Aceep- tance provided for in Section 1 hereof within forty-five (45) days after the date of this Resolution, the provisions hereof shall he null and void and t.he approval of the Plat shall not. be effective. Passed, adopted, and approvNI this i'ilh day of Sl:'ptemher, 197H. Thomas A. Tully ,Jr. 1layor Hiehard vVertzbergel D. Michael King James E. Brady Carolyn Farrell Council Members ATTE5T: Leo F. Frommclt City Cll:'rk ACCEPTANCE OF RESOLUTION NO. 302.78 We, the undersigned, having read the terms and conditions of the foregoing Resolution No. 302-78 and being familiar with the conditions thereof, hereby ac- cept the same and agree to the condi- tions set forth therein. Dated at Dubuque, Iowa, this 12th day of October, 1978, Richard V. Hansel Charlene L. Hansel Woodrow H. Wenkstern Henrietta Wenkstern Eleanor J. Rafoth, Individually and as Executor of the Estate of Russell L. Rafoth, Deceased. Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully; Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of P & Z advising of tabling the matter of rezoning for the YM-YWCA from R-2 Residential toOR-1 Classification, to their meeting of September 20th indicating the Council set a date of hearing after that date, 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 Members Brady, Farrell, King; Wertzberger. Nays - None. Communication of Helen Geiger ob- jecting to rezoning of YM-YWCA for various reasons, presented and read. Council Member Wertzberger moved to suspend the rule to let anyone present address the Council if they so desire. Se- ~ ii--- "'-'-- ~;:s,'". :'-". ~~ -~ =t= :.~ . ."'-.--- - ...--..,' .~ r- Regular Session, Sel'tember 5, 1978 Subdivision" in the City of Dubuque, Iowa is platted as: Lot 1 of the Subdivi- sion of Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Dubuque, Iowa and Lot 2 of the Subdivision of Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Dubuque, Iowa; and Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Block 21 in "Kev Knolls Subdivision" in the City of Dub~que, Iowa, and Lot 2 orthe Subdivision of Lot 1 of Lot 1 ofT,ot 1 of Block 21 in "Kev Knolls Suhdivision" in the City of Dub~que. Iowa: and WHEREAS, said Plat has been ex- amined by the City Planning and Zonin/{ Commission and they hnd the same con- forms to the statutes and ordinances re- lating thereto. except that the lot~ to bl-C known as I,at 1 ami Lot 2 of the Subdivi- sion of Lot 1 of Block 18 in "Key Knolls Subdivision" do not front on a public street; and WHEREAS, said Plat has been ap- proved by the City Planning and Zoning Commission on the condition that the lots to be known as Lot 1 and Lot 20fthe Subdivision of Lot 1 of Block 18 in "Key Knolls Subdivision" will only be devel- oped as par,t of larger tracts in common ownership which have frontage on a public street; 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, except that the lots to be known as Lot 1 and Lot 2 of the Subdivision of Lot 1 of Block 18 in "Key Knolls Subdivision" do not front on a public street; and WHEREAS, the City Council concurs in the findings and conditions of ap- proval established by the City Planning and Zoning Commission: NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Plat of the Sub- division of Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Dubu- que. Iowa and of the Subdivision of Lot 1 of Lot 1 of Block 21 in "Key Knolls Sub- division" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat, provided that the owner of said property shall execute its written acceptance hereto attached, acknow- ledging and agreeing: (al That the City of Dubuque, Iowa will not issue a permit for any de- velopment on the lots to be known as Lot 1 and Lot 2 of the Subdivi- sion of Lot 1 of Block 18 in "Key Knolls Subdivision" inthe City of Dubuque, Iowa, except as said Carried by the August 30. 1978 Honorable Mayor and Council Members RE: FINAL PLAT, KEY KNOLLS SUBDIVISION The City of Dubuque Planning and Zoning Commission has revif'werl a final plat subdividing Lot 1 of Rlot'\< 1 R in "KcvKnol1!'l" Subdivision int.o Lot.~ 1 and 2, a~d subdividingT,ot 1 of Lot 1 of Lot 1 of Block 21 in "Key Knolls" Subdivision into Lots 1 and 2. The property is locat.ed on the north side of Hillcrest Road west of the Ponderosa Restaurant in the Citv of Dubuque, as depicted on the aUached vicinity map. The Planning and Zoning Commission has found that the intent of the subdivi- sion of the property is for development purposes and that it is in conformance with the Subdivision Regulation and Zoning Ordinance of the City of Dubu- que, Iowa, except that Lots 1 and 2 of Block 18 do not have frontage on a public street. The Commission has voted to approve the plat including the waiver of the re- quirement that Lots 1 and 2 of Block 18 front on a public street conditioned on the understanding that no development will be permitted on those lots unless they are combined with other lots which do have street frontage. That condition is setforth in the attached Resolution. Accordingly, the Planning and Zoning Commission recommends your favor- able consideration of the "Key Knolls" plat and above-noted condition. 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO, 302.78 Resolution Approving Plat of the Sub. division of Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Du. buque, Iowa; and the Subdivision of Lot 1 01 Lot 1 of Lot 1 of Block 21 in "Key Knolls Subdivision" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a Plat in which Lot 1 of Block 18 in "Key Knolls Subdivision" in the City of Dubuque, Iowa and Lot 1 of Lot 1 of Lot 1 of Block 21 in "Key Knolls 406 Council Member Farrel fonowing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. -~" =--- ........-=-- --=-,"""",~,,~;.y~ 409 1978, for applicants to the Police Depart ment. The following named applicants are hereby certified and are to be con- sidered in the following order: Merritt, Michael C. Henschel, Thomas Lee Roth, Benedict J. Bailey, Curtis Jobgen, Brian Daykin, Steven O'Connell, Daniel Schleicher, Jon David Burdt, Thomas Boyer, Kelvin Richard Zimmer Chairman Frieda Luther John H. Hess Civil Service Commissioners ATTEST Leo F. Frommelt Clerk Subscribed and sworn to before this 28th day of August, 1978. Joleen A. Bechen Notary Public me Regular Session, Sel'tember 5, 1978 (SEAL) Council Member Brady 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Delos A. Dorweiler re- questing lateral supports along Ken- nedy Road to stop settling of his yard and protect forever from all noise vibra- tions, presented and read. Council Mem- ber Brady moved that the petition be referred to Council. Seconded by Coun- cil Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Richard J. Schroeder re- questing vacation of an alley between 475 and 481 on Lowell Street, presented and read. Council Member Brady moved that the petition be referred to Council and Staff. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Daniel F. Goodmann et al (30 signers) requesting denial of any peti- tion to rezone property recently pur- chased by Wesley Davis and Gary An- derson in the Shiras Avenue Area, pre- sented and read. Council Member Brady moved that the petition be referred to A presently installed street light does not effectively light Villa Street. This light at the intersection of Rush and Vil- la will be replaced with a new fixture which will light the intersection. 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 Members Brady, Farrell, King, Wertzberger. Nays - None. August 21, 1978 Honorable Mayor and Council Members RE: FINAL DEVELOPMENT PLAN APPROVAL ST. MARY'S APART- MENTS, ELDERLY HOUSING The City of Dubuque Planning and Zoning Commission has reviewed the Final Development Plan submitted by Mr. Thomas Leibold for a Planned Unit Development project known as St. Mary's Apartments. The proposed 79- unit elderly housing complex will be located on the north side of Kaufmann A venue west of the Dubuque Care Cen- ter 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 subject to the develop- ers compliance with the Planned Unit Development Agreement, hereto at- tached. The pun Agreement.specifies particular restrictions and regulations on the subject development, and a copy of the Site Plan and adherence to the Agreement' will be monitored by the Building Commissioner. The approval of the above described Final Development Plan is submitted for your information and requires no fur- ther action by 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 Members Brady, Farrell, King, Wertzberger. Nays - None. August 28, 1978 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa, 1977, the Civil Service Commission conducted written examinations on August 1, 1978 and physical agility tests on August 22, Regular Session, Sel'tember 5, 1978 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 ofthe 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 Amvet's Post #3, 35 West 4th St. Richard M. Richman (Also Sunday Sales) 1618 Central Ave. Passed, adopted, and approved this 5th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays -None. August 21, 1978 Honorable Mayor and City Council I return to you the petition of Barry A. Lindahl about a traffic hazard and a street light request on Villa Street. The petition was referred tothe Traffic Com- mittee on August 8th and considered at the committee meeting of August 17th. Traffic accident record was inves- tigated. There have been two accidents, January 1973 and January 1977 because of snow on the street. The accident refer- red to in Mr. Lindahl's letter was a per- son operating a vehicle under the in- fluence of alcohol and hitting a parked vehicle. It was determined by the Traffic Com- mittee that the Street Department will be requested to place aT-intersection warning sign near the crest of Rush Street and Mountain Lane to advise east-bound motorists that they are ap- proaching a T-intersection. Additional- ly; a reflectorized sign will be placed on or near the wall of Villa Street to advise approaching motorists traveling in an easterly direction that they will have to turn right or left at the intersection. ,--..<- . . >-"_.._.___0>_....___.__._._.".._ 408 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Iowa Oil Company.. University lOCO #3, 2301 University Ave. Kenneth L. Simon, 2418 Central Ave. Passed, adopted, and approved this 5th day of September, 1978. Thomas A. Tully Jr. Mayor RichardWertzberger 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 304-78 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 AdelIa Alvina Ferring, 385 East 13th St. CLASS "C" BEER PERMIT Randall's International, Inc. (Also Sun- day Sales) 2600 Dodge St. Passed, adopted, and approved this 5th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberg-er 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 305-78 WHEREAS, Applications for Liquor ~2>""- '~_~~~,C"""_"""ir--X'",_jJl( ~._.. 411 Communications of City Attorney re- commending denial of sewer back-up claim of Gary R. Schroeder, no liability on part of City; Recommending denial of sewer back-up claim of Michael G. Mur- phy; Recommending denial of property damage claim of Constance & Joseph Sweeney, no liability on part of City; Re- commending denial of sewer back-up claim of Richard & Janice Rapp; Recom- mending denial of sewer back-up claim of Michael C. Runde: Recommending de- nial of sewer back-up claim of Gregory Luschinger; Recommending denial of sewer back-up claim of Randal W. Owens; Recommending denial of sewer back-up claim of Ray Gross: Recommen- ding denial of sewer back-up claim of Viola M. Cosley, no liability on part of Ci- ty; Recommending denial of sewer back- up claim of Charles Nauman: Recom- mending denial of sewer back-up claim of John C. Whitehead; Recommending de- nial of sewer back-up claim of Mrs. Ronald Redmond, no liability on part of City; Recommending denial of water damage claim of Glen J. Goffinet, amicably settled, presented and read. Council Member King moved that the re- commendations be referred back to the City Attorney for further investigation and report. Seconded by Council the Publisher, of Receipts and Dis- bursements for the month of July, 1978, presented and read. Council Member Werb:berger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas" Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Navs None. Petition of Elizabeth Birkett re- questing refund of $211.25 on unexpired portion of Beer-Liquor License No. C.10099, presented and read. Council Member Wertzberger moved that the refund be approved and City Auditor direded to issue proper warrant. Spconded by Council Member Farrell. Carrif'd by th(' following- votf': Yeas - Mayor Tully. Council Members Brady, Farrdl. King-, Wertzbergcr. Nays - ~one Petition of Dubuque Sports requ('st- ing a refund of $150. on unexpired por- tion of Reer P",rmit No. B-5172, presented and read. Council Member Wertzberger moved that the refund be approved and City A uditor directed to isslle proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Regular Session, September 5, 1978 ture, the University is aware that .ap- provals of both Engineering and Plan- ning and Zoning will be required prior to the initiation of any construction activi, ly. Michael A. Koch City Engineer Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Mcmber Bra- dy. Carried by the following vote: Yeas - Mayor Tully. Council Members Brady, Farrell, King, Wertzberg-er. Nays - None. Petition of St. Anthony's Parish re- questing permission to block off Hosf"dalc Ave. on September 24, 1978 from 10 A.M. to 8 P.M.. presented and rl'ad. Council M('mber Wcrtzherg-er moved that the petition be approvpd subject to implementation of the City lvlanager. Seconded by Cou!1eil I'vlemhf'r Brady. Carried by thf' following vot(': YC3S :\layor Tully, Council :\-1embers Brady, .Farrell. King, \Vertzberger. Nays - NOIlO,'. Petition of ,James A. O'Brien et al (4 signers) requesting vacation of Aspen Street, presented and read. Council Member Wel't7.bel'gel' moved that the petition b", referred to the City Manager and Staff. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Minutes submitted by Playground & Recreation Commission of their meeting of August 14th; Airport Commission of their meetings of August 10 and August 19; Dubuque Five Flags Center Commis- sion of August 15; Dubuque Transit Trustee Board of their meeting of August 10; DMA TS of their meeting of July 27; Board of Dock Commissioners of their meeting of August 3; Housing Commission of their meeting of August 15; Planning & Zoning Commission of their meeting of August 28th, 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Peoples Natural Gas re- questing permission to excavate in Tow- er Drive (10 year street), presented and read. Council Member Wertzberger moved that the request be approved. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proof of Publication, certified' to by Regulllr Session, September 5, 1978 August 30,1978 Honorable Mayor and Council Members RE: INFORMATIONAL COMMUNI- CATION, BEECHER REZONING PETITION In compliance with your direction, the City of Dubuque Planning and Zoning Commission has scheduled a public hear- ing on the petition of the Beecher Com- pany requesting C-2 Local Service Com- mercial District classification on proper- ty at 2369 White Street which is current- ly classified in R-4 Residential District classification. The public hearing will be held at 4:00 p.m., Wednesday, September 20, 1978in the Downstairs Conference Room of Central F'ire Headquarters at Ninth and Central Avenue. CITY PLANNING AND ZONING COMMISSION Daniel Dit.t.emore Director 01 Community Development Council Member Wertzbcrgcr moved that the communication be received and filed. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. August 30, To the Honorable Mayor and City Council On Tuesday, August 22, 1978 mem- bers of the Engineering and Planning Departments met with representatives of the University of Dubuque concerning their proposed parking lot near Hale Street. The meeting was called in response to a petition of the residents of Hale Street, concerned with possible negative effects of the parking lot upon the neighborhood. The University informed th~ City of their intentions to extend the present lot south of Bennett Street in the general di- rection of Hale Street, adding approx- imately 20 parkfng spaces. The new parking lot was to be connected to Hale Street to provide a second access to the lot since they currently experience ac- cess difficulties under snowy and icy con- ditions in the layout ofthe existing park- inglot. In response to their proposal, we in- formed the University of the City's re- quirements on the construction of park- ing lots, and also discussed at length the difficulties we perceive if the lot were to be connected to Hale Street. As a result of that meeting, and a reas- sessment of their parking needs, the University has informed us they have dropp-ed their proposed plans for the present. If the project surfaces again in the fu- 1978 410 Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of F. Chip Murray in- dicating an interest for consideration as a member of the Recreation Commis- sion, presented and read. Council Mem- ber Wertzberger moved that the com- munication be received and filed and referred to Study Group. Seconded by Council Member Farrell. Carried by the followinR" vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Joe Casanova requesting the filling of a ditch on the corner 01 Burl" ington & Stoltz Street, presented and read. Council Member Wertzberger moved that the petition be referred to the City Manager and StalL Seconded by Council Member Farrell. Carried by the follwoing vote: Yeas" Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager sub- mitting State Auditor's Report from Ju- ly 1, 1976 thru June 30, 1977, presented and read. Council Member Wertzberger moved that the communication be re- ceived and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas -Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager reo questing discussion of the current re~ construm.ft>D plans ofJ.F.K. Road with the possibility of making cost-effective modifications to expand JFK's capacity, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Wagner TV et al re- questing that Delhi Street from Herrig's Barber Shop to intersection of Grand- view be designated a two hour parking zone from 9 A.M. to 6 P.M. for duration of construction work at Finley Hospital, presented and read. Council Member Wertzberger moved that the petition be referred to the City Manager and Traffic Department. Seconded by Council Mem- ber Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. 411 the Publisher, of Receipts and Dis. bursements for the month of July, 1978, presented and read. Council Member Wertzherger moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. Petition of Elb:abeth Birkett re- questing refund of $211.25 on unexpired portion of Beer-Liquor License No. C10099, presented and read. Council Membpf Wertzbergcr moved that the fpfund be approved and City Auditor dircded to issue proper warrant. SC'conded by Council Memb('r Farrell. Carriro by the following vote: Yeas - Mayor Tully, Cound! Members Brady, Farrell, King, Wcrtzberg-cr. :"Jays - None Pe tlOn of Dubuque Sports requcst ing- a refund of $150. on unf'xpin'd por- lion of Reel' Pt'rmit ~o. BS172, presented and read. Coundl :\lemher Wertzherger moved that the refuno be approved and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell. King, Wertzberger ::-.ia.vs ~one Communications of City Attorney re- commending denial of sewer baek-up claim of Garv R. Schroeder, no liahilitv on part of City; Recommending denial ~f sewer back-up claim of Michael G. Mur phy; Recommending denial of property damage claim of Constance & ,Joseph Sweeney, no liability on part of City; He- commending denial of sewer back-up claim of Richard & ,Janice Rapp; Recom- mending denial of sewer back-up claim of Michael C. Runde; Recommending de- nial of sewer back.up e1aim of Gregory Luschinger; Recommending denial of sewer back-up claim of Randal W. Owens; Recommending denial of sewer back-up claim of Ray Gross; Recommen- ding denial of sewer back-up claim of Viola M. Cosley, no liability on part of Ci- ty; Recommending denial of sewer back- up claim of Charles Nauman; Recom- mending denial of sewer back-up claim of John C. Whitehead; Recommending de- nial of sewer back-up claim of Mrs. Ronald Redmond, no liability on part of City; Recommending denial of water damage claim of Glen J. Goffinet, amicably settled, presented and read. Council Member King moved that the re- commendations be referred back to the City Attorney for further investigation and report. Seconded by Council Regular Session, September 5, 1978 ture, the University is aware that ,ap- provals of both Engineering and Plan- ning and Zoning will be required prior to the initiation of any construction activi- ty. Michael A. Koch City Engineer Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Bra- dy. Carried by t.he following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King-, Wertzberger. Nays - None. Petition of St. Anthony's Parish re- questing permission to block off Hosedalc; Ave. on SpptE'mber 24, 1878 from 10 A.M. to 1:\ P.M., presented and read. Council [l,.lember \Vertzberg-er moved that the petition be approveo sub,jf'ct to implementation of the City \lanag-el". Seconded by Council J\.TI'mhl'l' Brady. Carried by lhf' following vote: Yeas - Ma.yor Tull.y, Council J\.lemhers Hrady, Farrel!, King, Wl'l'tzherger. I\"ays - '\Jont'. Petition of ,James A. O.Brien f't al i.l signers) requesting vacation of Aspen Street, presented and read. Council Member Wert7bcrger moved that the petition he referred to the City Manager and Staff. Seconded by Couneil Member Hrady. Carried by thE: [ollowing- vote: Yeas \lavOI' Tu]]y, Couneil \lembers Brady, Farr~ll, King, \Vertzberger. Nays None. Minutes submitted by Playground g Reereation Commission of their met'ting of August 14th; Airport Commission of their meetings of August 10 ano August 19; Dubuque Five Flags Centel' Commis- sion of August 15; Dubuque Transit Trustee Board of their meeting of August 10; DMATS of their meeting of July 2'1; Roard of Dock Commissioners of their meeting of August 8: Housing' Commission of their meeting of August 15; Planning & Zoning Commission of their meeting of August 28th, presented and read. Council Member Wert.zberger moved that the minutes be received and filed. Seconded by Council Member Far~ rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Peoples Natural Gas re- questing permission to excavate in Tow- er Drive (10 year street), presented and read. Council Member Wertzberger moved that the request be approved. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Proof of Publication, certified to by '-:--'""-~~~.~...CJ.."'d!;; ..~,,~~..c ~ =4= -*- -==E=- . LU I Y--= .. . .:. . -- f t.--- . .'.." -~- --~- -'F i:~ ft- '. ,:-~::..n.. - Regular Session, September 5, 1978 August 30, 1978 Honorable Mayor and Council Members RE: INFORMATIONAL COMMUNI- CATION. BEECHER REZONING PETITION In compliance with your direction, the City of Dubuque Planning and Zoning Commission has scheduled a public hear~ ing on the petition of the Beecher Com- pany requesting C-2 Local Service Com- mercial District classification on proper- ty at 2369 White Street which is current.- ly classified in R-4 Residential District classification, The public hearin/{ will be held at 4;00 p.m., Wednesday, September 20, 197Hin the Downstairs Conference Room of Central Fire Headquarters at. N inLh and Central A venue. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Director of Community Development. Council Member Wertzberger moved that the comm unication be recei ved and Wed. Seconded by Council Membcr Bra dy. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. - - August 30, 1978 To the Honorable Mayor and Cit.v COllnr.i1 On Tuesday, August 22. 1978 mem- bers of the Engineering and Planning Departments met with representatives of the University of Dubuque concerning their proposed parking lot near Hale Street. The meeting was called in response to a petition of the residents of Hale 8treet, concerned with possible negative effects of the parking lot upon the neighborhood. The University informed the City of their intentions to extend the present lot south of Bennett Street in the general di- rection of Hale Street, adding approx- imately 20 parking spaces, The new parking lot was to be connected to Hale Street to provide a second access to the lot since they currently experience ac- cess difficulties under snowy and icy con- ditions in the layout of the existing park- inglot. In response to their proposal, we in- formed the University of the City's re- quirements on the construction of park- ing lots, and also discussed at length the difficulties we perceive if the lot were to be connected to Hale Street. As a result of that meeting, and a reas- sessment of their parking needs, the University has informed us they have dropped their proposed plans for the present. If the project surfaces again in the fu- -".. 410 Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas ~ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. Communication ofF, Chip Murray in- dicating an interest for consideration as a member of the Recreation Commis- sion, presented and read. Council Mem- ber Wertzberger moved that the com- munication be received and filed and referred to Study Group. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays.. None. Petition of Joe Casanova requesting the filling of a ditch on the corner ofDurl- ington & Stoltz Street., presented anti read. Council Member Wertzbergcl' moved thal the peUlion be referred to the City Manager and Staff. Seconded by Council Member Fa1'1'cll, Carried b,y the follwoing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wert.7-berger. Nays - None. Communication of City Manager sub" mitting State Auditor's Report from Ju- ly 1, 1976 thru June 30, 1977, presented and read. Council Member Wertzberger moved that the communication be re- ceived and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberg-er. Nays ~ None. Communication of City Manager reo questing. discussion of the current re- constrlliiron pians of J.F.K. Road with the possibility of making cost-effective modifications to expand JFK's capacity, presented and read. Council Member Brady moved that the communication be received and filed, Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None, Petition of Wagner TV et al re- questing that Delhi Street from Herrig's Barber Shop to intersection of Grand- view be designated a two hour parking zone from 9 A.M. to 6 P.M. for duration of construction work at Finley Hospital, presented and read. Council Member Wertzberger moved that the petition be referred to the City Manager and Traffic Department. Seconded by Council Mem- ber Brady, Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Pet ners. Mr. and :\1rs Hill. advisl'd they did not have make propl'r corr('rtions Staff Members, Building Commission- er Feyen, Building Official Rubel, Hous- ing Rehabilitation Specialist Cowhig, spoke to Council advising limit for a Rehab Grant is $7000.; Beyond that it would be a loan. Board Member Wertzberger moved that the communication be referred back to Rehabilitation and Building De- partments to come back with a schedule for reconsideration. Seconded by Board Member Farrell. Carried by the follow- ing vote: Yeas - Chairman Tully, Board Mem- bers Brady, Farrell, King, Wertzberger. Nays - None. There being no further business, Board Member Wertzberger moved to adjourn. Seconded by Board Member King. Carried by the followiong vote: Yeas - Chairman Tully, Board Mem- bers Brady, Farrell, King, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Board of Health, September 18, 1978 413 Board of Health OFFICIAL Board of Health Session, September 18,1978. Board met at 7:00 P.M. (C.D.T.) Present - Chairman Thomas A. Tully .II'.. Hoard Members Brady, Farrell King, W('rtzberger Abs('nt - ~on(' Chairman Tul1~' fead the ral1 and st ed that servin' thereof had been clul.\' madl' and this :vleeting is ('alled to ron- duet a public hl'aring- to f'onsider a varianrl' of violation in the rase of Thomas H. Hill of 11:37 High Bluff St. and ading- upon sUf'h other businC'ss as ma\" pro]wrly l'omC' bf'fOrt, the l'vlet'ting Com!" cali of Building Df'part ment submitting a copy of Notice to Tho- mas R. Hill at 1 B7 High Bluff St. setting date of hearing along wit.h t he petition of Thomas & Gloria Hill requesting a variance on Housing Code Violation on living room ceiling height, present('d and rpad. Thomas nds to -*" ~ ~ I l 1 -+- :b , -- T-- ::f..'i!iii?i~,_c- ........ = Regular Session, September 5, 1978 There being no further business, Council Member Wertzberger mov~d to adjourn. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzherger. Nays - None. 978 978 Leo F. Frommelt City Clerk :vlembp! Adopted ATTEST: City Clerk COUlll' Approved -- -- Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Planning & Zoning Commission submitting supplementary sheets for the Zoning Ordinance, up- dated to August 21, 1978, presented and read. Council Member Wertzberger moved that the communication be re- ceived and filed. Seconded by Council Member earrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzherger. Nays - None. Communications of City Attorney recommending denial of car damage claim of David G. Swan. amicably settled; -Recommending denial of car damag-e claim of Jane Smith. amicably settled; -Recommending denial of sew~r back-up f'laim of Mithael & Connie Tschudi, amicably settled: -Recommending denial of property damage d{lim of Lonni!~ Steger, amicably settled; -Recommen- ding denial of car damage claim of Jody L. Weiu, no liability on part of the City; Recommending denial of water damage claim of Vincent F, Brimeyer, amicably settled; '-presented and read. Council Member King moved approval of the recommendations. Seconded bv Council Member Brady. Carried by the following- vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Notices of Claims - Earl Swift, in the amount of $687. (Small claims court) for property damage incurred as the result of a sewer back-up on March 31, 1978; Janet Anthony, in the amount of total loss of car, as the result of being struck by a fire truck at Rosedale & St. Am- brose on August 23, 1978; Mrs, Carl Fin- zel, in the amount of $420., for property damage incurred as the result of spray- ing a substance on the Flora Park Tennis Courts on August 15, 1978; Maynard J, Johannsen, in an undetermined amount, for moped damage incurred as the result of striking a hole in W. 32nd St. on July 1, 1978; Michael G.Murphy, in the amount of $280., for property damage claim in- curred as the result of a backed-up sewer at 111 N. Booth on August 8, 1978, pre-" sented and read. Council Member Wert- zberger moved that the Notices of Claims be referred to the City Attorney for investigation and report. Seconded by Council Member. Farrell. Carried'by the following vote: Yeas ~ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays~ None. ~&",,~~:~~i"i:'ii'.=:;:: 412 . . 1m ID II 413 Health Session, September (C.D.T.I A. Tully, Farrell Thomas funds to Staff Members, Building Commission- er Feyen, Building Official Hubel, HOllS ing Rehabilitation Specialist Cowhig-, spoke to Council advising- limit for a Hehab Grant is $7000.: Beyond that it would be a loan Board Member Wertzberger moved that the communication be referred back to Rehabilitation and Building De- partments to come back with a schedule for reconsideration. Seconded by Board Member Farrell, Carried by the follow- ing vote: Yeas - Chairman Tully, Board Mem- bers Brady, Farrell, King, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Yeas - Chairman Tully, Board Mem- bers Brady. Farrell, King, Wertzberger. Nays - None. There being no further business, Board Member Wertzberger moved to adjourn. Seconded by Board Member King. Carried by the followiong vote: ChaIrman Tul1:--' read the call and sta ted that service thefl'of had been duly' made and this \'ll'ding is called to con dud a public hearing- to consider a v;lrianCl:' of violation in the case of Thomas R. Hill of 1 13711igh Bluff St. and actin!; upon such other business;ls may pro[wrlv come hdoro the ~1eding Cummunlcation of Building Depart mOllt submitting a copy of ~()tice to Tho mas R. IIill at 1 un High Bluff St. setting date of hearing along with the pdition of Thomas & Gloria Hill requesting 11 variancl' on Housing Code Violation on living room ceiling height, presented and read P"titionprs, \'11'. and :vIrs Hill, advised they did not have make proper corrediolls. OFFICIAL at 7:00 P.M Present - Chairman Thomas Jr.. Board Members Brady King, \Vertzberger. Absent - ~one. Board of Health, Selltember 18, 1978 Board of Board of 18,1978. Board Health met ~""""'-'''': ~ u~ .,.=-" -'m. T --.- I. I .,L -~T- ~ "t- Regular Session, Sel'tember 5, 1978 There being no further business. Council Member Wertzberger mov<td to adjourn. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tu:Jly, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved.. . . ............... 1978 Adopted. . . ........ 1978 ---- -. -- Council MemOef'i ATTEST, - City Clerk ----- -." .-.. ...- '.~_____"~'_'U'____,_._'''__ __ ~'~_U~~~'~__~___"_"""_'_'_""_"_"_"_ __'._'" -----..--.........- -..-- - ~-~_..__.._---~...__._,.. 412 Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Planning & Zoning Commission submitting supplementary sheets for the Zoning Ordinance, up- dated to August 21, 1978, presented and read. Council Member Wertzherger moved that the communication he re- ceived and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas - Mayor Tully, Council Members Brady, Farrell.King, Wertzherger. Nays - None. Communications of City Attorney recommending denial of car damage claim of David G. Swan, amicably settled; -Recommending denial of c~r damage claim of Jane Smith, amicably settled; -Recommending denial of sewer back-up claim of Michael & Connie Tsehudi, amicably settled; -Recommending denial of property damage claim of Lonnie Steger. amicably settled; -Recommen- ding denial of car damage claim of Jody L. Welu, no liability on part of the City; Recommending denial of water damage claim of Vincent F. Brimcvcr, amicably settled; '-presented and r"ead. Council Member King moved approval of the recommendations. Seconded by Council Member Brady. Carried by the followinl{ vote: Yeas - Mayor Tully, Couneil Members Brady, Farrell, King, Wertzberger. Nays None. Notices of Claims - Earl Swift. in the amount of $687. (Small claims court) for property damage incurred as the result. of a sewer back-up on March 31, 1978; Janet Anthony, in the amount of total loss of car, as the result of being struck by a fire truck at Rosedale & St. Am- brose on August 23, 1978; Mrs. Carl Fin- zel, in the amount of $420., for property damage incurred as the result of spray- ing a substance on the Flora Park Tennis Courts on August 15, 1978; Maynard J. Johannsen, in an undetermined amount, for moped damage incurred as the result of striking a hole in W. 32nd St. on July 1, 1978; Michael G.Murphy, in the amount of $280., for property damage claim in- curred as the result of a backed-up sewer at 111 N. Booth on August 8, 1978, pre-" sented and read. Council Member Wert.. zberger moved that the Notices of Claims be referred to the City Attorney for investigation and report. Seconded by Council Member. Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. .~,~-=="'='" ---.-.-.------------ town houses; Use Judson Drive as a buf- fer zone. ORDINANCE NO. 54-78 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 AT THE SOUTHWEST CORNER OF'THE iN: TERSECTION OF JUDSON DRIVE AND ASBURY ROAD FROM R.2 RESI. DENTIAL DISTRICT CLASSIFI- CATION TO R.3 RESIDENTIAL DIS. TRICT CLASSIFICATION, said Ordinance having been previously presented and read at the CQunci! Meet- ing of August 21, 1978, presented for fi- nal adoption. " ORDINANCE NO. 54.78 AN ORDINANCE OF 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 AT THE SOUTHWEST CORNER OF THE IN. TERSECTION OF JUDSON DRIVE AND ASBURY ROAD FROM R-2 RESIDENTIAL DISTRICT CLASSIFICATION TO R-3 RESIDEN. TIAL DISTRICT CLASSIFICATION. 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 reclassifying the hereinafter described property from "R~2 Residential District" classification to ''R-3 Residential District" classifica. tion to wit: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 263 in the City of Dubuque. Iowa Passed, adopted, and approved this 18th day of September. 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members OFFICIAL Special Session, September 18, 1978. Council met at 7:30 P.M,IC,D.T.I Presen,t. 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 conducting public hearings on various rezoning ordinances and acting upon such other bU1'l}ne~s as may proper- ly come before a Regular Meeting of the Council. Invocation was given by Rev. Hatty Duncan. . .'r' Proclamations proclaiming:weekof September 24th to 30th as "Dubuque Symphony Week"; and Oct. 7, 1978 a~ "Punt, Pass & Kick Day", were ap. proved 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 Lot 1 of 2 of 1 of 1 of 1 of 1 of 2 of Mineral Lot 263 (Powers Property- Judson & Asbury) from R.2 Residential to R.3 Residential Classification, presented and read. Council Member Wertzberger moved that the proof of publication be received and filed. Se. conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communications of David Hogan et ux, Alan & Mary Lumley and Constance M. Schneider et ux, objecting to rezon- ing, 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 Members Brady, Farrell, King, Wertzberger. Nays. None. 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 King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays. None. Paul Powers spoke to the Council as being in favor of rezoning; Desires to build 5 or 6 town house homes. Chuck Pearson, Paul Sandberg, Kim Moothar, Stanley Irwin, Ken Cook, Don Anderson, Gene Hackett and Gene Melssen all voiced objectionsfor various reasons Traffic Problems; No need for 415 Special Session, September 18, 1978 COUNCIL CITY ATTEST: Leo F. Frommelt City Clerk .~~I~'-"'...'-J..";..~.,., '"' ..'0".-., ,~,,~'"' 414 Board of Health, September 18,1978 - Approved ................... 1978 Adopted, .................. 1978 - - - - - Members of Board of Health ATTEST: City Clerk 417 Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST, Leo F. Frommelt City Clerle Published officially in the Telegraph Herald Newspaper this 22nd day of Sep- tember, 1978. Leo F. Fromme City Clerk It 9/22 Council Member Wertzberger moved final adoption ofthe Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yea - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays" None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing on Interstate Power Company Transmission Line Easements over E. Third St. and Maus Park, 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 Brady moved that the proof of publication be received and filed. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 307-78 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- lion, published on September 8, 1978 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 18th day of September,1978 at 7:30 o'clock P.M. (CDTl in the City Council Chambers in the City HaU, Dubuque, Iowa to consider the proposal to enter into a Transmission Line Ease- ment granting perpetual easements to Interstate Power Company, its suc- cessors and assigns; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to grant such perpetual Trans- mission Line Easements; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the proposal to grant a perpetual transmission Line Easement Special Session, September 18, 1978 As Provided " Section 3-103.9 Section 3. That the foregoing amend- ments have heretofore been approved by the Planning and Zoning Commission of the City of Dubuque. Iowa. 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 lenown as the ''Zoning Or- dinance and Zoning Map of the City of Dubuque, Iowa ': by enacting anew Sec- tion 3-103.9 of Article III, to wit: "Article III General Provisions Section 3-103 Application and Scope of Regulations 3-103.9 Structures Permitted Above the Height Limits The building height limitations of this ordinance shall be modified as follows: 1. Appurtenances: The following appurtenances may ex- ceed the prescribed height limit pro- vided they are normally required for a use permitted in the district in which they are erected or construc- ted: Flag poles, chimneys, cooling towers, condensors, elevator bulk- heads, belfries, stacles, penthouses for other than living purposes, orna- mental towers, monuments, cupolas, domes. spires, and other necessary mechanical appurtenances and their protective housing. 2. Churches: Churches may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each addi- tionalfoot by which such building eX~ ceeds the maximum height limit of the district in which it is located. " 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 repealing "Max- imim, Building Height" in Section 4--104-.6 of Article IVand enactinganew "Maximum Building Height"in Section 4-104-.6 of Article IV, to wit: "Article IV District Regulations" Section 4~104 R.1 Residential Dis~ trlct Regulations 4.104.6 Schedule of District Regula. tions PRINCIPAL PERMITTED USES Single Family 25 Maximum Building Height (In Feet) -.~",,"V.' 419 Financed with General Revenue Sharing Certified Proposed $ 940,892 $ 940,892 187,900 202,965 40,908 51,945 20,000 20,000 $1,189,700 $1,215,802 Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 310.78 WHEREAS, the City of Dubuque, Iowa and Klauer Manufacturing Com- pany have heretofore entered into Op- tion Agreements, dated February 13, 1978 and June 2, 1978, respectively, wherein the City of Dubuque granted to said Company the option to. purchase certain real estate owned by the City of Dubuque, Iowa, to-wit: Lots 7, Band 9and Lot 20fLot 1, all in Block 1 in "River Front Subdivision No.5" in the City of Dubuque, Iowa; aud Lot 6 in Block 1 in "River Front Sub- division No.5" in the City of Dubuque, Iowa, and aud WHEREAS, it has been agreed by and between the City of Dubuque and Klauer Manufacturing Company that the aforesaid Option Agreements be amended by deleting therefrom certain described real estate, to-wit: Lot 2 of Lot I,Block 1 in "River Front Subdivision No.5" in the City of Du- buque, aud WHEREAS, a true copy of said writ- ten Amendment to Option Agreement 1978 Program Area Community Protection Human Development Home & Com. Environ. Policy & Admlnlstratlon Total A copy of the proposed budget amend- ment for the City of Dubuque is available for inspection in the Office of the City Manager in City Hall during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. A copy of the proposed budget is also available for inspection in the Dubu- que Public Library. A public hearing on the adoption of the budget amendment for the City of Dubuque will be held at 7:30 p.m. on Oc- tober 2, 1978 in City Council Chambers, City Hall, 13th and Central, Dubuque, Iowa. All citizens attending the public hear- ing shall have reasonable opportunity to provide written and oral comments and to ask questions concerning the proposal to amend the budget and the relation- ship of revenue sharing funds to the en- tire budget. Special Session, Sel'tember 18 of $26,102 of general funds: and WHEREAS, Section 51.15 of the Lo- cal Assistance to State and Local Gov- ernments Act of 1972, as amended, pro- vides that the public hearing re- quirements of the Act shall apply to the amendment, revisions or modifications of an adopted budget where a major change is proposed; and WHEREAS, such proposed expen- ditufe is such an amendment, revision, or modification of the adopted budget for the City of Dubuque for the fiscal year beginning July I, 1978. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque as to the expen- diture of certain general revenue shar- ing funds. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members $2,102 Central Street LightingcCarry- over from FY 78 Budget The State and Local Assistance Act of 1972 (commonly known as the Revenue Sharing Act) has been amended to re- quire that a public hearing be held on how revenue sharing funds to which the City of Dubuque is entitled to be used. One of the purposes of the budget amendment is to use $26,102 in an unem- cumbered General Revenue Sharing funds for the following projects: $14,000 17th Street Storm Sewer-En- g-ineering-Addition to FY 79 Budget $4,831 Subdivision Extensions-Carry- over from FY 78 Budget $5,169 Siegert Property-Water & Sewer Line Crossing-Carryover from FY 78 Budget A summary ot budgeted revenue sharing funds is presented below: sharing EXHIBIT A CITY OF DUBUQUE NOTICE OF PUBLIC HEARING revenue ATTEST: Leo F. Frommelt City Clerk . which was unanticipated when the budget was finalized last spring. You are requested to set a date for a public hearing and to adopt a resolution authoizing the City Clerk to publish the proposed amendment and date of public hearing. We also need your approval to publish a separate notice concerning the amendments affecting revenue sharing funds. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution and set Oc- tober 2, 1978 as date of public hearing. Seconded by Council Member Brady. Carried by the following vote: Yeas -Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. RESOLUTION NO. 309.78 Resolution Authorizing a Public Hear- ing for the Expenditure of Certain General Revenue Sharing Funds WHEREAS, it is proposed that the Ci" ty of Dubuque amend its Fiscal Year 1979 budget including the appropriation Gilbert D. Chavenelle City Manager Council Member Wertzberger moved that the communication be received and filed. Seconded by Council Member Bra- dy. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO, 308.78 Resolution Directing the City Clerk to Publish Proposed Amendment to the Fiscal Year 1979 Budget and Date of Public Hearing. WHEREAS, an amendment is pro- posed to the Fiscal Year 1979 budget; aud WHEREAS. Sectiou 384,16. Code of Iowa, stipulates that a public hearing must be held on such a budget amend- ment. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the City Clerk is hereby authorized and directed to pub- lish the proposed amendment to the Fiscal Year 1979 budget and the date of public hearing. Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members tember 18, 1978 Special Session, Se by and between the City of Dubuque, Iowa and Interstate Power Company, a Delaware Corporation, its successors and assigns, wherein the City of Dubu- que, Iowa grants unto Interstate Power Company, a perpetual right of way ease- ment for the rights and privileges and authority to install, construct, recon- struct, operate, maintain and remove for the transmission of electric energy necessary towers, poles, wires, guys and other fixtures upon, over and across real estate owned by the City of Dubuque, Iowa in Dubuque County, Iowa, a copy of which Transmission Line Easement is hereto attached and by reference made a part hereof, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized to execute said Transmission Line Ease- ment for and on behalf of the City of Du- buque, Iowa. Section 3. That the City Clerk be and he is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder and the of. fice of the City Assessor. Passed, adopted, and approved this 18th day of September. 1978, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. September 12, 1978 Honorable Mayor and City Council Attached is a proposed amendment to the Fiscal Year 1979 budget. This amendment is necessary to re- flect appropriations being carried for- ward from Fiscal Year 1978 as well as new appropriations. Specified for each item is the status as to budgeted or oon- budgeted and a breakdown of the source of revenue supporting the line item. Those items marked carryover were budgeted in FY 78 and the appropria- tions as well as the funds supporting the appropriations are being carried for- ward. Items in the cash balance column are bein'K.$!1Pported by available cash on July I, ,197~_. New revenue is revenue 418 .1IIIiiioo_,~"".. 421 September 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 Plumbing Inspection 1, examinations, for the Building Department on Septem- ber 7,1978, The following named applicants pass- ed the written examination and are here- by certified for appointment. Muhlenhaupt, David L. Tippe, Frederick Subscribed and sworn to before this 13th day of September 1978. Joleen A. Bechen Notary Public Council Member Wertzberger moved that the communication be received and filed and be.made a matter of record. Se- conded by Council Member Farrell. Car- ried by the following vote: me ATTEST: Leo F. Frommelt Clerk Subscribed and sworn to before me this 13th day of September 1978. Joleen A. Bechen Notary Public Council Member Wertzberger moved that the communication be received and filed and be made a matter of record. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Subscribed and sworn to before me this 13th day of September 1978. Joleen A. Bechen Notary Public Council Member Wertzberger moved that the communication be received and filed and be made a matter of record. Se- conded by Council Member Farrell. Car- ried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell. King, Wertzberger. Nays - None. 70,9% 70.9% Richard Zimmer Chairman Frieda Luther John E. Hess Civil Service Commission Sl'ecial Session, Sel'tember 18, 1978 Richard Zimmer Chairman Frieda Luther John E. Hess Civil Service Commission ATTEST: Leo F. Frommelt Clerk September 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 bus operators, for the Transit Department, on Septem- ber 7, 1978. The following named applicants con- stitute the first list for certification and appointment. The list actually contains twelve names due to three ties in the tenth position. Guinta,JamesM. Smothers,Sandra Gulyash,RonaldJr. Sievers, Fred J. III Evarts, Jeffery Kline,CraigJ. Webb,PamelaJ. ~oag, Frederick C. Schlegel, Mark H. Elgin, Allen M. Gueldner, Frederick SchiessI. Catherine A. ATTEST Leo F. Frommelt Clerk Communication of Ecology Control Corporation submitting notice of exer- cise of the fourth of their five year option to lease the old garage property at 14th & Elm Streets, presented and read. Council Member Wertzberger moved that the option to lease be approved and City Manager and City Clerk be authorized to sign. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King. Wertzberger. Nays - None. September 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 exams on September 7. 1978, for members of the Fire Depart- ment. The following member of the Fire De- partment has passed the written exam- ination with an average of 70010 or bet- ter. 96% 96010 92010 92% 90010 88% 88010 86010 86% 820/0 82% 82010 Yeas - Mayor Tully. Council Members Brady, Farrell, King. Wertzberger. Nays - None. Ambulance Driver Attendant Vera. Rudolpha A. 79010 Richard Zimmer Chairman Frieda Luther John E. Hess Civil Service Commission 423 Session, Sel'tember 18, 1978 Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager recommending that.provisions of Code of Ordinances Sec. 10-17 to 10-21 be en- forced and that the owner of a building at 677 W. Eighth St.be required to disman- tle the building and clean up the prem- ises. presented and read. Mrs. Wester- meyer and Dave Marion of Legal Aid Services addressed the Council relative to the communication. Council Member Brady moved that the communication be referred back to Council for first Meeting in November. Seconded by Council Member Wertzber- ger. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King. Wertzberger. Nays - None. Petition of Loras College requesting permission to conduct a Homecoming Parade on October 14, 1978, presented and read. Council Member Wertzberger moved that the request be approved sub- ject to implementation of the City Manager. Seconded by Council Member Brady. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 311-78 WHEREAS, the City Council in late 1974 verbally established an Area "C" Development Study Committee and un- der date of January 6, 1975 upon recom- mendation of the Dock Commission, made certain appointments to said Com- mittee; and WHEREAS, the tasks for which the said Committee was organized have been completed; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the Area "C" Devel- opment Study CommitteEil established in 1974 be and the existence of same is hereby terminated. Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farren 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: Sl'ecial 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 King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Council Member Wertzberger moved that a public hearing be held on the Or- dinance on October 2, 1978 at7:30 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 King. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays ~ None. Communication of Boards & Commis- sions Study Group calling for adoption and implementation of amended items as discussed at the last meeting of the Coun- cil, presented and read. Council Member Wertzberger moved to adopt Report and implement same - See Items 9 & 10. Seconded by Council Member Farrell. Carried by the followinR vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Wahlert High School re- questing permission to conduct a Homecoming Parade on September 21, 1978, presented and read. Council Mem- ber Wertzberger moved' that the re- quest be approved subject to implemen- tation of the City Manager. Seconded by Council Member Brady. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell,King, Wertzberger. Nays - None. Petition of University of Dubuque re- questing permission to conduct a Home- coming Parade on October 21, 1978, presented and read. Cou-ncil Member Wertzberger moved that the request be approved subject to implementation of the City Manager. Seconded by Council Member Brady. Carried by the following vote: Yeas _ Mayor Tully, Council Members Brady, Farrell, King, W ertzberger. Nays - None. Communication of City Manager re- questing to be absent from the City to at- tend a National Training and Develop- ment Service Seminar from October 13th'to 18th-in Cincinnati, presented and read. Council Member Wertzberger moved that the request be approved. Se- conded byCouncil Member Farrell. Car- ried by the following vote: Session. September 18, 1978 RESOLUTION NO. 325-78 Resolution Approving the Plat of Lot A and Lot B, Each Being in J.S. Brun- skill's Addition to the City of Dubuque, Iowa. WHEREAS, there has been pre- sented to the City Council of the City of Dubuque, Iowa, a plat dated August 29, 1978 prepared by Bartels, LeMay, Haas & Fay Engineering Company, Profes- sional Engineers and Land Surveyors, covering a vacated alley east of Univer- sity A venue between Prysi Street and Ethel Avenue in J. S. Brunskill's Addi- tion in the City of Dubuque, Iowa; and WHEREAS, said plat conforms to the laws. and statutes pertaining thereto. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the plat dated August 29, 1978 prepared by Bartels, LeMay, Haas & Fay Engineering Company, cov- ering the real estate herein above described, be and the same is hereby ap- proved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa; Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Reso- lution in the office ofthe Recorder in and for Dubuque County, Iowa. Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberg'er . D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. AN ORDINANCE vacating the alley lying between Ethel A venue and Prysi Street at its juncture with University A venue in the City of Dubuque, Iowa and authorizing disposal of same, pre- sented and read. Co_uncil Member Wertzberger moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. September 12, 1978 Honorable Mayor and City Coun~il I return to you the petition of Michael J. Kielty on behalf of Rosemary Wilhlem requesting the vacation and conveyance of an alley abutting property at 2774 University A venue. I recommend that the alley be vacated and a portion sold to Rosemary Wilhelm for $1,420 and a portion to Robert Sig- warth for $380 and that they be re- quested to pay the cost of publishing the necessary notices. The petitioner has had the plot sur- veyed and has submitted a plat. The pe- titioner has agreed to the proposal. Gilbert D. Chavenelle City Manager 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Special Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Printed. Council Proceedings for the month of May, 1978, presented for Coun- cil approval. Council Member Wertzber- ger moved that the Council Proceedings be approved as printed. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wert~herger. Nays - None. Communication of Recreation Com- mission requesting funding in the amount of $8000. to construct a building at the Veteran's Memorial Ski Area in response to SnoMad Ski Club's request, 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Rosemary Wilhelm et al re- questing vacation of an alley between University & Ethel Avenue in J. S. Brun- skill's Addition, presented and read. Council Member Wertzberger moved that the petition be approved. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. 422 ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Couneil Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, WertzberlMlr. Nays - None. Communication of City Manager ad- vising of completion of Municipal City Garage Addition, 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 - Council Members Brady, Far- rell, King, Wertzberger. Nays -None. Abstain - Mayor Tully. FINAL ESTIMATE ATTEST: RESOLUTION NO. 317.78 Leo F. Frommelt WHEREAS, the contract for the Mu- City Clerk nicipal City Garage has been completed Council Member Wertzberger moved and the City Engineer has submitted his adoption of the Resolution. Seconded by final estimate showing the cost thereof Council Member Farrell. Carried by the including the cost of estimates, notices, following vote: inspection, and preparing the assess. Yeas _ Mayor Tully, Council Members ment and plat, now therefore, Brady, Farrell, King, W ertzberger. BE IT RESOLVED, by the City Coun- Nays - N.one. cil of the City of Dubuque. (A Resolution Accepting Improvement) RESOLUTION NO. 316.78 WHEREAS, the contract for the Phase II Contract 1 - Wastewater Treatment Plant Improvements - Ter- minal Street Forcemain 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 tbe City Coun- cil of the City of Dubuque, that the recommendation oithe City Manager be approved and that said improvement be and the same is hereby ac('_epted. BI> IT FURTHER RESOLVED, tbat the City Treasurer be and he- is hereby directed to pay to the contractor from the Sanitation Sewage Fund and a Fed- eral State Grant issued upon- the above 425 described improvement in amount equal to the amount of hiscontract,less any re- tained percentage provided for therein. Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Special Session, Sel'tember 18, 1978 Yeas" Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. FINAL ESTIMATE RESOLUTION NO. 315.78 WHEREAS, the cj)ntract for the Phase/ II Contract 1 - Wastewater Treatment Plant Improvements - Ter- minal Street Forcemain has been com- pleted and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and prepar- ing the assessment and plat, now there- fore, BE IT RESOLVED by tbe City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $1,223,929.01. That none of the cost thereof shall be assessable upon private property and $1,223,929.01 sball be paid from the Sanitation Sewage Rental Fund of the City of. Dubuque, and a Federal-State Grant. Passed, adopted, and approved this 18th day 01 September, 1978, Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael ,King James E. Brady Carolyn FarreU Council Members ~~I That the cost of said improvement is hereby determined to be $192,533.01 That none of the cost thereof shall be assessable upon private property and $192,533.01 'shall bepaid from the Public Works Fund of the City of Dubuque. Passed, adopted, and approved this 18th day of September,1978. ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconde,d by Council Member Farrell. Carried by the following vote: Richard Wertzberger Mayor Pro Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 314.78 WHEREAS, the City Council under date of February 19, 1973 adopted Resolution No. 49-73 establishing a Citizens Freeway Study Committee to provide certain services in connection with the North-South Freeway; and WHEREAS, the tasks for which said Committee was organized have been completed: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That the Resolution No. 49-73 adopted by the City Council on February 19, 1973 establishing the Citi- zens Freeway Study Committee be and the same is hereby repealed and the ex- istence of said Committee is hereby ter- minated. Passed, adopted, and approved' this 18th day of September,1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members Sl'ecial Session, September 18, 1978 Thomas A. Tully Jr. Mayor Richard Wertzberg-er D. Michael King James E. Brady Carolyn Farrell Council Members 424 Yeas. Mayor Tully, Council Mem bers Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 312.78 WHEREAS, the City Council in 1973 verbally established a Citizens Trans- portation Committee and under date of August 20, 1973, adopted Resolution No. 290-73 confirming the appointments of citizens by the Mayor to said Commit- tee: and WHEREAS, the terms of all members to the said Committee have expired; and WHEREAS, the tasks for which the said Committee was organized have been completed: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the Citizens Trans- portation Committee established in 1973 be and the existence of same is hereby terminated, and Resolution No. 290-73 be and the same is hereby repealed. . Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberg-er D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of City Manager ad- vising of completion of Phase II Contract 1 of the Wastewater Treatment Plant Improvements - Terminal Street Force Main in accordance with plans and specifications prepared by Henningson. Durham and Richardson, 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: 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 313-78 WHEREAS, pursuant to a City Coun- cil meeting convened on April 22, 1974, an ad hoe task force, later identified as the Mayor's Industrial Development Advisory-Committee, was established to investigate and to discuss improvement of the Fourth Street Peninsula for in- dustrial purposes; and WHEREAS; the tasks for which the said Committee was organized have been completed; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A: Section 1. That the Mayor's In- nustrial Development Advisory Com- mittee established in 1974 be and the ex- istence of same is hereby terminated. Passed, adopted, and approved this 18th day of September, 1978. .~'~'.-J,";'-'~~_L" ,",......""-.,,, / , .c'"" 426 Special Session, September 18, 1978 427 rected to accept the contract and scope of services, hereto attached and marked Exhibit "A", providing for consultant services of Bruce M. Kriviskey, A.I.P., for an Architectural SurveytHistoric Preservation Planning project. Section 2. That such acceptance and execution of the contract hereto at- tached and marked Exhibit "At> shall be made only upon receipt of a.> Project Agreement approved by the Division of Historic Preservation of the Iowa State Historical Department, providing for fif- ty (50%) percent sharing of the costs of consultant contract, said Project'Agree- ment having been previously approved by Resolution No. 319-78. Passed,adopted, and approved this 18th day of September, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members Far- 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 tothe following named applicants a Beer Per- mit. CLASS "B" BEER PERMIT J & P O'Hara, Inc. (Also Sunday Salesl 855 Century Drive Holy Trinity Catholic Church (Also Sun- day Sales) 1703 Rhomberg Ave. William N. Billikas (Also Sunday Salesl 926 Main Street CLASS "C" BEER PERMIT Kopple's Grocery, Inc. (Also Sunday Sales) 1098 University Ave. Ralph J. Grabow (Also Sunday Sales) 1050 University Ave. RESOLUTION NO. 321-78 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; ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. Brady, Special Session, Sel'tember 18, 1978 tween the City of Dubuque, Iowa; and the Division of Historic Preservation of the Iowa State Historical Department, providing for cost sharing on an Ar- chitectural Survey/Historic Preserva- tion Planning Project. Passed, adopted, and approved this 18th day of September, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Mem bers ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. RESOLUTION NO. 320.78 A Resolution Authorizing Acceptance of a Contract with Bruce M. Krlviskey, A.I.P. for an Architectural Survey' Historic Preservation Planning Pro- ject Subject 10 Approval 01 a Cosl' Sharing Agreement by the Division of Historic Preservation of the Iowa State Historical Department WHEREAS, the City of Dubuque, Iowa, has entered into Grant Agree- ment No, B-78-MC-19-0004 with the U.S. Department of Housing and Urban De- velopment providing for financial asslstance to the City Under Title I of the Housing and Community Develop- ment Act of 1974; and WHEREAS, pursuant to said Grant Agreement, the City proposes to pro- vide partial funding for an Architectural Survey/Historic Preservation Planning Project; and WHEREAS. the City has applied to the division of Historic Preservation of the Iowa State Historical Department for a matching grant for cost-sharing through the Heritage Conservation and Recreation Service, U.S. Department of Interior; and WHEREAS, the City of Dubuque His- toric Preservation Commission has re- -commended that Bruce M. Kriviskey, A.I.P., be retained as consultantfor such Architectural Survey/Historic Preser- vation Planning Project, and has presented a proposed contract and scope of services for that purpose; NOW, THEREFORE, BE IT RE- SOL VI';D BY THE C1TY COUNCIL OF THE c'ITY OF DUBUQUE, IOWA: Section 1. That the Mayor and the Ci- ty Clerk are hereby authoried and di- a private association in Milwaukee or- ganized for the preservation of a work- ing. class, ethnically-diverse neighbor- hood. We feel his familiarity with this area and his extensive experience with neighborhood organizations will be very helpful to the purpose and assignment of our Commission. We have attached two. proposed Resolutions establishing a Project Agree- ment for cost-sharing and accepting the consultant contract. Members of our Commission will be present at your meeting of September 18, 1978, and are looking forward to discussing this matter with you. CITY OF DUBUQUE HISTORIC PRESERV A'fION COMMISSION C. George Biasi, Chairman Mr . George Baisi spoke to the pro- posal. 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 319.78 A Resolution Authorizing Execution of a Project Agreement with the Dlvi. sion of Historic Preservation of the Iowa State Historical Department Pro. vidlng for Cost Sharing on an Architec- tural Survey/Preserva"tion Planning Project WHEREAS, the City of Dubuque, Io- wa, under date of May 23, 1978, entered into Grant Agreement No. B-78-MC-19- 0004 with the U.S. Department of Hous- ing and Urban Development, providing financial assistance to the City under Ti- tle I of the Housing and Community De- velopment Act of 1974; and WHEREAS, pursuant to said Grant Agreement, the City proposes to pro- vide funds for Historic Preservation Planning; and WHEREAS, the Iowa Historical De- partment, acting through the Division of Historic Preservation, may provide matching grants for historic preserva- tion surveys and planning; and WHEREAS, the City of Dubuque does hereby make application to the Division of Historic Preservation for a matching grant for anarchitectural sur- vey/historical preservation planning project; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk are hereby authorized and directed to ex- ecute a Project Agreement, hereto at- tached and marked Exhibit "A". be Yeas - Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain -Mayor Tully. (A Resolution Accepting Improvement) RESOLUTION NO. 318.78 _WHEREAS, the contract for the Mu- nicipal City Garage has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Couu- cil of the City of Dubuque, Iowa, 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.i, Treasurer be and he is hereby directed to pay to the contractor from the Public Works Fund issued upon the above described improvements in amount equal to the amount of his con- tract, less any retained percentage pro- vided for therein. Passed, adopted, and approved this 18th day of September, 1978. Richard Wertzberger Mayor Pro-Tern D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Wertzberger moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas ~ Council Members Brady, Far- rell, King, Wertzberger. Nays - None. Abstain - Mayor Tully. September 13, 1978 Honorable Mayor and City Council The City Council has authorized an ex- pense of $10,000 from the FY 1979 Com- munity Development Block Grant for Historic Preservation Planning. The Historic Preservation Commis- sion has completed its preliminary work and has: 1) confirmed the a vaillbility of a matching grant from the Iowa State His- torical Dep~rtlJlent; 2) selected a qualified consultant; and 3) developed a scope of services and study design. We now seek your authorization to proceed with this project. We have attached a proposed contract for services of Bruce Kriviskey, AlP. Mr. Kriviskeywas formerly the City Planner in'Galena,IIlinois and has most recently been employed as Executive Director of Hi storie Walker's Point, Inc., " Special Session, Sel'tember 18, 1978 429 Member Farrel! ing vote: Yeas - Mayor Tully I Council Members Brady, Farrell,.King, Wertzberger. Nays - None. Communication of Iowa D.E.Q. gran- ting permit for water main and sewer ex- tensions to Theisen Addition. 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of St. Columbkille's Church requesting a refund of $225. on unex- pired portion of Class "B" Beer Permit, discontinued business on September 6, 1978. presented and read. Council Mem- ber W ertzberger 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 Members Brady, Farrell, King, Wertzberger. Nays - None. Petition of Joe Kieffer requesting re- fund of $75. on unexpired portion of Cigarette License No. 1388, discontin- ued business on Sept. 1, 1978, presented and read. Council Member Wertzberger moved that the refund be approved and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays ~ None. Communication of City Attorney re- commending denial of sewer back-up claim of Donald A. Clark, 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 - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays;: None. Communication of Dietrich Insurance Agency requesting review of the vandal- ism portion of incident in the claim of Donald A. Clark, presented and read. Council Member Wertzberger moved that the communication be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays -None. Communication of City Attorney re- commending denial of the claim of Eu- gene K. Sand, same has been amicably follow- Carried by the Honorable Thomas A. Tully, Jr. Mayor of Dubuque RE: Contract No. DACW25-77-C-0082 River Access - Part II Dubuque, Iowa, Local Flood Protection, Mississippi River, Dubuque County, Iowa Dear Mayor Tully, On 31 August 1978, final inspection was made on referenced contract work. Participating in the inspection were rep~ resentatives from the city, the contrac- tor, and the Corps of Engineers. Following the inspection, the rep- resentative from the city, Mr. Ernie Roarig, expressed complete satisfaction with the completed work. Accordingly, the date of 20 Septem- ber 1978 is hereby established as the ef- fective date of transfer of this completed work to the city of Dubuque for assump- tion of operation and maintenance re- sponsibilities. This letter is sent to you by certified mail and constitutes your official notice of transfer. The contractor is bound by the terms of the above referenced contract for maintenance of plantings until 30 June 1979. An inspection of the planting will be made at that time, and any planting found to be unacceptable will be replac- ed by the contractor in accordance with the terms of the contract. R. E. Gustafson Authorized Representative of the Contracting Officer 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: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication of Dock Commission requesting Corps of Engineers for con- sideration as to the depositing of spoils in the Ham Island fill area, presented and read. Council Member Farrell moved that the communication be re- ceived and filed. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Minutes Submitted - Five Flags Center & Building Committee of their meeting of 9-6; Housing Rehabilitation Commission of their meeting of 8-22, presented and read. Council Member Wertzberger moved that the minutes be received and filed. Seconded by Council Sl'ecial Session, Sel'tember 18, 1978 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 CityCouncil of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Li- 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 324-78 BE IT RESOLVED, By the City Coun- cilofthe 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 Ciga- rettes and Cigarette Papers within said City, Judith P. Juergens, 2327 Central Ave. Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the ResO'lution. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King,.Wertzberger. Nays - None. cense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Lighthouse Corporation, Sunday Sales Only, 2560 Dodge Street Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzberg'er D. Michael King James E. Brady Carolyn Farrell Council Members 428 Passed, adopted, and approved this 18th day of September, 1978. Thomas A. Tully Jr. Mayor Richard Wertzherg'er 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 Members Brady, Farrell, King, Wertzberger. Nays - None. RESOLUTION NO. 322-78 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 "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Topeka Inn Management, Inc. (Also Sunday Salesl1111 Dodge St, Inns _ of Iowa, Ltd (Also Sunday Sales) 3434 Dodge St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Judith P. Juergens, 2327 Central Ave. William B-aum (\}so Sunday Sales) 500 Rhomberg Ave. Passed, adopted, and approved this 18th day of September, 1978. Thomas A.Tully Jr. Mayor Richard Wertzberger D. Michael King James E. Brady Carolyn Farrell ATTEST: Council Members Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Re.solution. Seconded by Council Member FarrelL Garried by the following vote: Yeas - Mayor Tully,'Council Members Brady, Farrell, King, Wertzbergtlr. Nays. - None. - , RESOLUTION NO. 323.78 WHEREAS, Applications for Liquor 431 1978 Special Session, September 20 COUNCIL OFFICIAL Special Session, September 20. 1978. Council met at 7:00 P,M. (C.D.T.) Present - Mayor Tully, Council Mem- bers Farrell, King. City Manager Gil. bert D. Chavenelle. Absent - Council Members Brady, Wertzherger. Mayor Tully read the call and stated that service thereof had been duly made and this Meeting is called for the pur- pose of giving direction to the City At- torney on pending litigation and acting upon such other business as may proper- ly come before a Regular Meeting of the Council. At 7:03 P.M. Council Member King moved to go into Executive Session to discuss pending Litigation. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell', King. Nays - None. Absent - Council Members Brady, Wertzberger. Council reconvened in Regular Ses- sion at 8:11 P.M. Mayor Tully announced that the Council instructed the City Solicitor and Staff on pending legal matter. There being no further business, Council Member Farren moved to ad- journ. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Farrell, King. Nays - None. Absent Counci W ertzberger. Adopted ATTEST: 1978 1978 Brady Members Leo F. Frommelt City Clerk --..-.--.-- City Clerk Members Counci CITY Approved adjourn. Seconded by Council Member King. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved. . . . .. .. . . . .. . .. . . . . .. 1978 Adopted".".."."".".",.. 1978 Council Members ATTEST: City Clerk SJlecial Session, September 18, 1978 settled, presented and read. Council Member Wertzberger moved that the recommendation of denial of-approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Notice of claim of Claudette C. Bandy, in the amount of $279.64, for expense in- curred asthe result of a sewer cave"in at 518 Clarke Drive on July 24,1978; Notice of claim of James L. Kluesner, in the amount of $70. for car damage in- curred as the result of striking an im- pression in the street on University Avenue on September 6.1978: Notice of claim of Charles W. Sea- stran'd. in the amount of $100. for car damage incurred as the result of driving into a jagged curb- edge on University A venue on September 5, 1978; Notice of claim from sinall claims court filed by Randall W. Owens, in the amount of$1000. based on property dam- a'ge in the basement of his home at 1168 Rosedale, due to a backed-up sewer; presented and read: Council Member Wertzberger moved that the above claims be referred to the City Attorney for investigation and re- port. Seconded byCounciI Member Far- rell. Carried by the following vote: Yeas - Mayor Tully, Council Members Brady, Farrell, King, Wertzberger. Nays - None. Communication from Safeco reques- ting reimbursement 8S the result of a claim submitted by their client Milo Soukop due to damage incurred as the result of a falling limb striking his car at 758 Wilson Ave. on June 17, 1978, pre- sented and read. Council Member Wertzberger moved that the com- munication 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 Members Brady, Farrell, King, Wertzberger. Nays -None. Notice of forefeiture of real estate contract of property located at 559' S. Grandview, described as Lots 9 and 10 in Block 4 in 'Grandview Park for failure to pay taxes and assessments, presented and read. Council Member Wertzberger moved that the notice be referred to the City Attorney for investigation and re- port. Seconded by Council Member Far- rell.Carried by the following vote: Yeas - Mayor Tully, Council Members Brady,Farrell, King, Wertzherger. Nays - None. There being no. further business Council Member Wertzberger moved to 430